End-User License Agreement (“Agreement”)
Last updated: April 3, 2017
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using BeLooped application and services (collectively, the “Service”).
By clicking the “I Agree” button, downloading or using the Service, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and Two Heron Ventures Inc. (“Two Heron”), located at 5954 200th St. , Unit 202, Langley, BC, Canada, and it governs your use of the Service made available to you by Two Heron.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Service.
The Service is licensed, not sold, to you by Two Heron for use strictly in accordance with the terms of this Agreement.
Two Heron grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Service strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Services or make the Service available to any third party.
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Service.
- access the Service’s private API by means other than those permitted by Two Heron.
- Interfere with or disrupt the Service or servers or networks connected to the Service by any means, including (but not limited to) such means as the transmission of any worms, viruses, spyware, malware or any other code of a destructive, malicious or disruptive nature.
- probe, scan, or test the vulnerability of the Service or any system or network associated with the Service.
- inject content or code or otherwise alter or interfere with the way any Service window, tab or page is rendered or displayed in a user’s browser or device.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Two Heron or its affiliates, partners, suppliers or the licensors of the Service.
The Service, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Two Heron.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Two Heron with respect to the Services shall remain the sole and exclusive property of Two Heron. Two Heron shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to the Service
Two Heron reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service or any service to which it connects, with or without notice and without liability to you.
Updates to the Service
Two Heron may from time to time provide enhancements or improvements to the features/functionality of the Service, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Service. You agree that Two Heron has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Service to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Service, and (ii) subject to the terms and conditions of this Agreement.
The Service may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that Two Heron shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Two Heron does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- You may use the Service on any device that you own or control and as permitted by the usage rules set forth in the terms of service of the Third Party Store from which you downloaded the BeLooped application.
- The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the Service. Two Heron Ventures Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider may, at their sole discretion, provide a refund of the purchase price of the Service but will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Two Heron Ventures Inc.
- Two Heron Ventures Inc., not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the Service or your possession and/or use of the Service, including, but not limited to:
- (i) product liability claims;
- (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement;
- (iii) claims arising under consumer protection or similar legislation; and/or
- (iv) intellectual property infringement claims.
- You represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties.
- The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of this Agreement, the Third Party Store provider from whom you obtained the BeLooped application will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement against you as a third party beneficiary thereof.
Term and Termination
This Agreement shall remain in effect until terminated by you or Two Heron.
Two Heron may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Two Heron, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Service and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Service and delete all copies of the Service from your mobile device or from your computer.
Termination of this Agreement will not limit any of Two Heron’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Two Heron and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Two Heron, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Two Heron provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Two Heron nor any Two Heron’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Two Heron are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Two Heron and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Service.
To the maximum extent permitted by applicable law, in no event shall Two Heron or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Agreement), even if Two Heron or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Amendments to this Agreement
Two Heron reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
The laws of British Columbia, Canada, excluding its conflicts of law rules, shall govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
If you have any questions about this Agreement or the feedback about this website or the Service, please contact us here or send us an email at firstname.lastname@example.org
The Agreement constitutes the entire agreement between you and Two Heron regarding your use of the Service and supersedes all prior and contemporaneous written or oral agreements between you and Two Heron.
You may be subject to additional terms and conditions that apply when you use or purchase other Two Heron’s services, which Two Heron will provide to you at the time of such use or purchase.