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Terms of Service

Last updated: August 20th, 2021

From everyone here at myCaribou, we want to thank you for using our platform!  We built myCaribou the platform to help you and your partners do your best work.  There are thousands of companies in our network database and the potential for tens of thousands of users to access our platform everyday.  With that and because we just can’t know every one of our customers personally (although we certainly hope to know many of you), we have to put in place some Terms of Service to help ensure we are all clear on our mutual expectations of our products, services and solutions.   

We ask that you please read these Terms of Service carefully as they contain important information regarding expectations of our solutions and understanding your legal rights, remedies, and obligations.  These include, but are not limited to, various limitations and exclusions, and indemnities. 

When we say “Caribou”, “myCaribou”,“Company”, “we”, “our”, or “us” in this document, we are referring to Caribou Inc.  

When we say “Services”, we mean any product created and maintained by Caribou Inc. That includes all products, services, solutions or data points whether delivered within a web browser, desktop application, mobile application, or another format. 

When we say “You” or “your”, we are referring to the people or organizations that use an account with one or more of our Services. 

We will often refer to “Workspace” which is an important feature offered as part of the Service where you can invite peers, partners or potential partners to collaborate, communicate and share or build relevant materials including but not limited to sales forecasts, business plans and other key documents or tools.  You may also wish to upload Intellectual Property or create new IP and share that space with another user of the Service to effectively collaborate on such IP.  

When you access or use the website or any of our Services, now or in the future, you are agreeing to the latest Terms of Service and signify that you have read, understand and agree to be bound by these Terms of Service. That’s true for any of our existing and future solutions and all features that we add to our Services over time. 

There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.  If you violate any of the terms, we may terminate your account. 

By accessing or using the website operated at www.cariboumed.com and app.cariboumed.com and such other locations as made available from time to time (collectively, the “Website”) and the services offered through the Website, you signify that you have read, understand and agree to be bound by these Terms and Conditions (the “Terms and Conditions”) with Caribou Inc. in all respects with respect to the Website. 

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES. 

Your use of the Website is subject to these Terms and Conditions. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Website. 

 

Privacy

You acknowledge that you have read the Privacy Policy located on the Website at https://cariboumed.com/privacy-policy/, as it may be updated from time to time (the “Privacy Policy”), and hereby consent to the collection, use, disclosure and retention by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable Terms of Service contained in the Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms of Service. 

Agreement Implied

You acknowledge and agree that your use of the Website and the Services offered through the Website constitutes your express and implied and agreement to these Terms of Service.  

Amendments to these Terms of Service

We reserve the right to amend these Terms of Service at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will ensure that the latest, fully amended version of these Terms of Service is published on the Website. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate the agreement between you and us regarding the use of the Website and the Services as applicable and as set out in these Terms of Service. If you continue to use the Website and the Services after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Terms of Service. 

Legal Capacity

You represent and warrant that you possess the legal right, capacity and ability to agree to these Terms of Service and use the Website and Services in accordance with these Terms of Service and any other applicable law. The Caribou Website and Services covered by these Terms of Service is not intentionally designed for or directed at those individuals under the age of majority. If you are using the Website or the Services on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms of Service on behalf of such organization and all references to “you” throughout these Terms of Service will include such organization, jointly and severally with you personally and that you have the authority to bind the organization that you are using the Service in relation to. 

License

 Subject to your compliance with this Agreement, Caribou grants you a non-exclusive, non-transferable account license to access and use the Services in accordance with the Terms of Service herein (the “License”). You may use the License solely for your business operations, and for the intended purposes of the Services as further described on the Website.  

Your Account and Account Use

 If your use of the Website and/or the Services requires an account identifying you as a user of the Website and/or Services (an “Account”), then, 

  1. Responsibility - you are solely responsible for 
  1. your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account,  
  1. that Client Content (as defined below) does not include any information or material that: (i) includes individually identifiable health information, or other confidential or protected health information, (ii) violates, infringes or misappropriates any third party’s copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right; (iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iv) violates any law or that would constitute a criminal offense or give rise to a civil liability; (v) advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; (vi) collects or stores personal data about other users or otherwise violates another user’s privacy; or (vii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, and  
  1. any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission. 
  1. Notification - you agree to immediately notify us, to the extent that you are or become aware, of: 
  1. any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or 
  1. any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account. 
  1. Accuracy - you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate. 
  1. Ownership – You own all rights, title, and interest (including intellectual property) in and to the data that your or any of your authorized users submit and upload into the Service, which may include information about your product and business affair (the “Client Content”). Except as expressly permitted herein, Caribou agrees that it will not use any Client Content in any way for its own account or the account of any third party, nor disclose Client Content to any third party. Except as expressly stated herein, this Agreement does not grant Caribou any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect to any Intellectual Property held by you. Caribou Personnel may access Client Content, provided that any such individuals are bound by confidentiality obligations at least as restrictive as those herein (“Personnel” means, the employees and contractors of Caribou). In Caribou’s provision of Services to you Caribou reserves the right to edit or add to Client Content that may be required in connection with the Services.  

Website Limitations

 The Website and the Services depend on the Internet, including networks, cabling, facilities and equipment that is not in our control accordingly: (i) any representation made by us regarding access performance, speeds, reliability, availability, use or consistency of the Website or the Services is on a “commercially reasonable efforts” basis; (ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency; and (iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed. 

Confidentiality

 The parties acknowledge that by reason of their relationship under these Terms of Service, they may receive or have access to (such party being a “Recipient”) certain information and materials concerning the other party’s (such party being a “Discloser”) business, technology, and/or products (including the Services) that is confidential and of substantial value to the other party, which value would be impaired if such information were disclosed to third parties (“Confidential Information”). Except as provided herein, the Recipient agrees that it will not use in any way for its own account or the account of any third party, nor disclose to any third party, any such Confidential Information, and will protect the confidentiality of such information with the same degree of care which it uses to protect its own confidential information, using no less than a reasonable degree of care. Such use and non-disclosure obligations shall not apply to information which (1) was already rightfully known to Recipient prior to the Discloser disclosing it; (2) is in or has entered the public domain through no breach of these Terms of Service or other wrongful act of Recipient; (3) has been rightfully received from a third party not under obligation of confidentiality; (4) has been approved for release by Discloser’s written authorization; (5) is required to be disclosed by law; or (6) was independently developed by Recipient, as evidenced by documentation, without reference to or reliance on Discloser’s Confidential Information. Except for Foreground IP or any licensed IP hereunder, upon the written request of Discloser, Recipient shall promptly destroy all documents and information, however recorded, which contain Discloser’s Confidential Information; provided that Recipient shall be permitted to maintain one copy in an encrypted archived computer system backup that was made in accordance with its corporate business continuity or disaster recovery procedures. Notwithstanding the foregoing, sharing of Confidential Information is permitted with any member of a Workspace.  

Intellectual Property

Caribou, its affiliates, and/or their licensors own all rights, title, worldwide intellectual and industrial property rights (including patents, copyright, supplementary protection certificates, rights in know-how, trademarks, designs, models, design rights, rights to prevent passing off or unfair competition, together with all renewals, extensions, continuations, divisions, reissues, re-examinations and substitutions) in and to the Service and all computer code, operating instructions, graphics, designs, pictures, logos, information, materials, text, reports, guides, charts, white papers, overviews, video and audio presentations, slides, templates, calculators, apps, and other content on the Website, whether in written, graphical, or other form, including their design and arrangement (collectively, the “Caribou Content”). Any modifications or customizations made to the Caribou Content, including any made at the request or direction of you, constitute additional Caribou Content. You agree that you will not use Caribou Content in any way for its own account or the account of any third party, nor disclose any Caribou Content to any third party. Except as expressly stated herein, these Terms of Service do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect to any intellectual property of Caribou, its affiliates, and/or their licensors. 

Fees and Expenses  

  1. In consideration for the provision of the Services, you agree to pay any license and service fees applicable in connection with your use of the Service, in accordance with the pricing selections made by you when ordering the Service. For greater certainty, any and all fees and expenses regarding the use of the Website or Services are exclusive of any taxes that may be payable in connection with the taxation laws of the applicable jurisdiction.  
  2. Payments made via the Website at www.cariboumed.com for the Services are processed by a third-party payment processing company. Any liability by Caribou or its affiliates related to payment processing, including the payment processing company’s handling and storage of payment information, is disclaimed and waived. 
  3. If an invoice becomes past-due, Caribou may suspend or terminate access to the Service or portions thereof until such invoice is paid.  
  4. Caribou may provide you with a license to the Services or portions thereof for free or on a trial basis. Any free or trial access is provided without any warranty, support, maintenance, repair, liability, or other obligations by Caribou of any kind, and is subject to all disclaimers and limitations set forth in these Terms of Service. At any time following the initiation of free or trial access, Caribou may require that you pay license or service fees (determined by Caribou in its sole discretion) as a condition of continued access to all or parts of the Services. Additionally, Caribou may terminate your license to any free or trial access at any time for any reason or no reason, in Caribou’s sole discretion, without liability. 
  5. Invoices for use of the Service may be issued to you by an affiliate of Caribou and your payment of such an invoice will satisfy your payment obligations to Caribou for that invoice. 
  6. You may have opportunities to order and/or pay for services through the Website that are subject to existing, separate service agreements between you and Caribou (or their respective affiliates). In such scenarios, those services remain subject to those separate agreements, and only the order and payment processing through the Website is subject to these Terms of Service.  

Acceptable Use and Prohibitions 

Lawful Use

 You will ensure that:

  1. you only use the Website and the Services for lawful purposes, and 
  2. if at any time you become aware of any violation, by any person or entity, of any part of these Terms of Service, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.

Prohibited Conduct

Without limiting the generality of any other restriction in these Terms of Service, you agree that you will not, in connection with your use of the Website or the Services, directly or directly do or permit any of the following:

  1. post, upload, reproduce, distribute or otherwise transmit any content that:
    1. is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited;
    2. contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component; 
    3. is defamatory, infringing, or unlawful; 
    4. is inappropriate, profane, obscene, indecent, or contains information without suitable or lawfully-required access controls (which controls will in no event be our responsibility); 
    5. gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation;  
    6. constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography; 
    7. engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity; 
    8. scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems; 
    9. forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Website; 
    10. impersonate or falsely represent your association with any person, including a representative of us; 
  2. disrupt or threaten the integrity, operation or security of any Website, any computer or any Internet system; 
  3. disable or circumvent any access control or related process or procedure established with respect to the Website; 
  4. sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal business purposes), any portion of, use of or access to, any Website, except where expressly authorized by us; or
  5. extract, gather, collect, or store personal information about others without their express consent. 

    Our Remedies

     Without limiting any of our rights, we may suspend, restrict or terminate your use of the Website or the Services without notice if, in our sole and absolute discretion, we determine or believe that you have violated any of the acceptable use rules set out above. 

    Termination of Accounts

    We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website and Services offered thereunder, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or the Services or our or any third party’s equipment or network is impaired by your use of the Website or the Services, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website or the Services, or you have been or are in breach of any term or condition of these Terms of Service. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website or the Services. 

    DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES. 

    1. CUSTOMER ACKNOWLEDGEMENT—YOU ACKNOWLEDGE AND AGREE THAT:
      1. ALL USE OF THE WEBSITE OR SERVICES PROVIDED BY US IS AT YOUR OWN RISK;
      2. THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY US OF SUCH WEBSITES OR THE INFORMATION CONTAINED THEREIN; AND
      3. THE WEBSITE AND SERVICES ARE PROVIDED UNDER THESE TERMS OF SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
    2. DISCLAIMER OF WARRANTIES - WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE OR SERVICES OR ANY OTHER PRODUCTS SUPPLIED UNDER THESE TERMS OF SERVICE. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.
    3. NO LIABILITY - NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR CONTROLLING PARTIES, AGENTS, OR EMPLOYEES, (COLLECTIVELY, IN THESE CAPITALIZED SECTIONS, “WE” OR “US”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS OF SERVICE OR THE USE, OR NON-USE OF THE WEBSITE OR SERVICES OR ANY SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: (i) ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF THE WEBSITE, SERVICES OR RELATED COMPONENT; (ii) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, OR DEFECTS ON OR RELATED TO THE WEBSITE OR THE SERVICES. WITHOUT RESTRICTING THE FOREGOING, IF CIRCUMSTANCES ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF US, THE AGGREGATE LIABILITY OF US FOR DAMAGES IS LIMITED TO THE AMOUNT PAID TO US BY YOU THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE CIRCUMSTANCES IN WHICH SUCH LIABILITY ARISES AND FOR GREATER CERTAINTY WE HAVE NOT, NOR WILL WE CONDUCT ANY DETAILED INVESTIGATION IN RESPECT OF A COMPANY’S ABILITY TO USE THE SERVICES OR THE WEBSITE .
    4. APPLICABILITY - SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS OF SERVICE, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THESE TERMS OF SERVICE CONSISTENT WITH SUCH PROHIBITIONS.
    5. YOU AGREE TO INDEMNIFY AND SAVE HARMLESS CARIBOU, AND ITS AFFILIATES, SUBSIDIARIES, CONTROLLING PARTIES, AGENTS, OR EMPLOYEES (COLLECTIVELY THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL COSTS, EXPENSES, LOSSES, DAMAGES OR LIABILITIES (INCLUDING, WITHOUT LIMITATION, REASONABLE SOLICITORS’ FEES, INTEREST AND PENALTIES) INCURRED BY THEM WITH RESPECT TO OR IN CONNECTION WITH ANY LOSS OR DAMAGE SUFFERED BY THE INDEMNIFIED PARTIES AS A RESULT OF ANY BREACH OF, OR NON-COMPLIANCE BY YOU, WITH, THESE TERMS OF SERVICE, YOUR USE OF THE WEBSITE, OR THE SERVICES, THE ONLINE PLATFORM OR YOUR BREACH OF ANY AGREEMENT AND/OR DOCUMENTS THAT THE INDEMNIFIED PARTIES MAY REQUIRE YOU TO SIGN OR COMPLY WITH IN CONNECTION WITH THE FOREGOING. 

    GENERAL TERMS 

    Enforceability

     Your use of the Website or the Services and the content and features accessed through the Website constitute your electronic signature to the agreement set out in these Terms of Service and your consent to enter into agreements with us electronically. This Agreement will be deemed to satisfy any writings requirements of any applicable law, notwithstanding that the agreement set out in these Terms of Service is written and accepted electronically. All contracts between you and us completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement. 

    Interpretation

     In these Terms of Service: (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms of Service; (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected; and (iii) all references to website addresses or URLs will also include any successor or replacement websites containing substantially similar information as the referenced website(s). 

    Waiver of Rights and Remedies

     Our failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of these Terms of Service. Our rights, powers and remedies in these Terms of Service, including without limitation the right to suspend, restrict or terminate any use of the Website or your use of the Services, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity. 

    Severability

     If any provision of these Terms of Service is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect. 

    Limitation Period

     Any cause of action you may have with respect to these Terms of Service, the Website or the Services must be commenced within one year after the claim or cause of action arose, or it will be barred. 

    Notices

     Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms of Service. 
    by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in your Account; 
    by you to us will only be deemed to have been effectively and validly given if in writing and delivered to Caribou Inc., 20 Great Gulf Drive, Suite 218, Vaughan, Ontario, Canada or submitted electronically to info@cariboumed.com  

    Assignment and Inurement

    We may at any time assign our rights and obligations under these Terms of Service, in whole or in part, without notice to you. You may not assign these Terms of Service without our prior, written consent. These Terms of Service will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns. 

    Governing Law

    The contract arising out of acceptance of these Terms of Service by the parties hereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties hereto irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario for any dispute that may arise in connection with these Terms of Service. 

    Limitations

    Caribou and its licensors provide the Service and the content therein as-is. Caribou and its licensors do not represent or warrant that your use Services will be uninterrupted or error-free, or that the Service will meet your requirements. Caribou reserves the right to modify or terminate the Service (or any components thereof) at any time. 

    Relationship

     You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms of Service or use of the Website or the Services. 

    Force Majeure

     Neither party will be responsible for a failure to fulfil its obligations under these Terms of Service or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit. 

    Entire Agreement

     These Terms of Service, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, including but not limited to the Privacy Policy, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms of Service and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters. 

    English Language

     The parties have requested and agree that these Terms of Service and all documents relating there to be drawn up in English. 

     

    These Terms of Service are subject to modification, amendment or change that may occur from time to time at the sole discretion of Caribou.