This Terms of Use is entered into between you and Rapidpath Technologies Inc. (“Rapidpath”) and applies to the Rapidpath services on which it is placed including but not limited to rapidpath.io (the “Service”).
Use of the Service is governed by these Terms of Use and a Privacy Policy detailing how Rapidpath collects, uses and discloses your information. You must agree to the Terms of Use and Privacy Policy in order to use the Service.
By clicking “I Agree” or by using the Service you are agreeing to be bound by the Terms of Use. If using the Service on behalf of an organization, you represent that you are authorized to bind the organization to the Terms of Use and Privacy Policy and are agreeing on behalf of that organization. Where you are using the Service on behalf of an organization, “you” refers to that organization.
Rapidpath reserves the right, in its sole discretion, to modify the Terms of Use at any time (“Updates”) and shall notify you of Updates by email, if you provided an email address, and make Updates available at rapidpath.io. You are deemed to accept any Update by continuing to use the Service. Unless Rapidpath states otherwise, Updates are automatically effective 30 days after posting on rapidpath.io.
If at any time you disagree with the then-current Terms of Use or Privacy Policy, you must immediately stop use of the Service and notify Rapidpath of your intention to terminate by emailing support@rapidpath.io.
The Service provides digital marketing platforms and services and may include additional functionality as further described on rapidpath.io (collectively, “Features”). Features are subject to change at any time, at Rapidpath’s sole discretion, without notice or compensation.
Rapidpath grants you a non-exclusive, non-sublicensable, non-assignable, revocable, limited subscription to access the Service, which may require a registered account (“Account”), and use the Features permitted by the terms of your subscription (collectively, the “Subscription”). You acknowledge that the Terms of Use does not convey title or ownership interest in, or constitutes the sale of any right to, the Service, Subscription or Account.
Depending upon your Account type, Rapidpath may charge a monthly or annual Subscription fee, the amount of which varies based upon the number of Accounts and Features subscribed for, (“Subscription Fees”) and may also charge one-time fees for particular deliverables (“Additional Charges”) (collectively, “Fees”). Fees exclude applicable taxes, duties and charges. You shall provide Rapidpath with a valid credit card to be charged either annually or at the beginning of each month for Fees during such period or, immediately in the case of Additional Charges, which shall be billed and charged automatically by Rapidpath and/or third parties authorized on our behalf. Subscription Fees and Additional Charges are non-refundable. Rapidpath shall charge, and continue to charge, such credit card (or any replacement card) during the Term, unless the Subscription is terminated by your submission of a cancellation request to Rapidpath through the Service (“Service Cancellation”).
Rapidpath may suspend or terminate your access to the Service at any time for any reason (or for no reason) including but not limited to your violation of the Terms of Use, as determined in its sole discretion. Whether a suspension will be lifted is at the sole discretion of Rapidpath.
Upon termination, you acknowledge and agree that Rapidpath shall immediately cease providing access to the Service. If you request Service Cancellation or your access to the Service is suspended or terminated, you are not entitled to a refund or other compensation of any kind as a result of suspension, termination or Service Cancellation and that Rapidpath shall not be liable to you or any third party for any related loss or damages.
Access to the Service requires hardware including but not limited to a computer or mobile device and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Service and shall be responsible for any fees incurred when accessing the Service through an Internet connection.
Each Account is accessed by a username and password set by you or by way of single sign-on through permitted Third Party Services (“Login Information”). You are solely responsible for keeping Login Information confidential and agree to be bound by any use of Login Information, including any purchases, whether or not you authorized such use of Login Information. If you become aware, or reasonably suspect, unauthorized use of your Account, you must immediately change the password that is part of Login Information. Any questions concerning unauthorized use of an Account may be emailed to Rapidpath at support@rapidpath.io.
You ACKNOWLEDGE AND AGREE THAT you have NO OWNERSHIP OR ANY OTHER PROPERTY INTEREST IN the ACCOUNT AND FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL BE FOREVER OWNED BY AND INURE TO THE BENEFIT OF Rapidpath, EXCLUDING CONTENT.
As part of the Service, you may provide Rapidpath with:
a). content that you submit, create or modify while using the Service (“Content”); or
b). information that you provide to Rapidpath or post to the Service, such as through emails to Rapidpath or comments you post on our blog, and that may include, but are not limited to, feedback and ideas (“Submissions”).
By providing Content and Submissions, you represent and warrant that you have all consents, licenses and rights necessary to license Content and Submissions to Rapidpath and you hereby grant to Rapidpath the following licenses:
i. a limited, fully-paid, royalty-free, non-exclusive, sublicensable, worldwide license to Content for the limited purposes of providing the Service to you, such as hosting, displaying, copying and transmitting Content on or through the Service, and for such purposes as outlined in the Privacy Policy; and
ii. an irrevocable, fully-paid, royalty-free, non-exclusive, perpetual, worldwide license to Submissions under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and for all purposes without attribution, notice, permission, royalty or payment to you or any third party.
You agree that you will not use the Service in the following manner:
1. engage in conduct that Rapidpath determines, in its sole discretion, to constitute improper use of the Service;
2. decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code;
3. except as expressly permitted by Rapidpath reproduce, rearrange, modify, translate, create derivative works from, display, perform, publish, distribute or sublicense the Service;
4. knowingly exploit a flaw or bug in the Service;
5. break, attempt or otherwise assist with the disruption of any device used to support the Service or experience of another user;
6. sell, rent, lease or sublicense the Service or access thereto;
7. promote or encourage illegal activity;
8. engage in abusive, defamatory, libelous, threatening or any other conduct that is objectionable or offensive or use profanity;
9. communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
10. infringe or violate the rights of a third party including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information;
11. collect or attempt to obtain other users’ information; or
12. impersonate another person or an employee of Rapidpath.
Rapidpath reserves the right to remove to remove any Content or Submissions you upload or post to the Service.
The Service integrates third-party services that are not provided by Rapidpath but that enhance the overall functionality of the Service (“Third Party Services”). Integration of Third Party Services is contingent upon third parties permitting Rapidpath to integrate the Service with their respective Third Party Services and such permission and/or integration may end at any time without notice. Rapidpath MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY SERVICES OR THE CONTINUED AVAILABILITY OF THE SERVICE’S INTEGRATION WITH THIRD PARTY SERVICES. You agree that Rapidpath WILL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE RELATING TO THIRD PARTY SERVICES.
THE SERVICE IS PROVIDED TO YOU “AS IS” AND RAPIDPATH DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, RAPIDPATH MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE OR WILL NOT HARM COMPUTERS OR MOBILE DEVICES OR RESULT IN LOST DATA. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY RAPIDPATH, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY EXCLUSIVELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE, INCLUDING RISK OF DATA FAILURE.
RAPIDPATH, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THIRD PARTY SERVICES INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, LOSS OF DATA, LOSS OF CONTENT, LOSS OF PROFITS, LOSS OF GOODWILL AND ANY AND ALL OTHER TANGIBLE AND INTANGIBLE DAMAGES OR LOSSES, EVEN IF RAPIDPATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD RAPIDPATH FROM LIABILITY, YOU AGREE THAT RAPIDPATH’S MAXIMUM AGGREGATE LIABILITY TO YOU IN ANY CASE WHATSOEVER WILL BE THE TOTAL AMOUNT YOU PAID TO RAPIDPATH IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION.
You shall indemnify, defend and hold Rapidpath, its subsidiaries, affiliates, officers, directors, employees, representatives and assigns harmless from and against any claim, liability, injury, damage, cost, loss or expense, including reasonable attorneys’ fees, that arise from your use of the Service or associated Third Party Services. You cannot settle any claim without Rapidpath’s advance written consent unless such claim releases Rapidpath unconditionally. Rapidpath reserves the right to, at its expense, assume control of the claim.
You acknowledge that Rapidpath would be irreparably damaged if the Terms of Use is not specifically observed and agree that Rapidpath shall be entitled, without bond, other security or other proof of damages, to seek appropriate equitable remedies with respect to your breach of the Terms of Use, in addition to other remedies available to Rapidpath under applicable law.
The Terms of Use are governed by and construed under the laws of the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts. To the extent any section, clause, provision or sentence or part thereof of the Terms of Use is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of the Terms of Use given full force and effect. Rapidpath’s failure to assert or enforce any right contained in the Terms of Use shall not constitute a waiver of that right. The Terms of Use constitutes the entire agreement between you and Rapidpath with respect to the subject matter hereof.
You may contact Rapidpath regarding this Terms of Use by emailing support@rapidpath.io.
