This is an agreement (“Agreement”).
It’s long, boring, but nonetheless important. Please grab a coffee, relax, and read it carefully.
1.1.1. By purchasing and/or using the products and services (collectively, “Services”) offered on our website (“Website”), you are agreeing to the terms of this Agreement.
1.1.3. The headings and section numbers in this Agreement are for reference only and have no effect or bearing on the meaning of any term herein.
1.1.4. Links provided within this Agreement are provided for your convenience only.
1.2.1. We reserve the right to modify this Agreement at any time (“Changes”). Changes supersede any previous versions of the Agreement. When we do make Changes, we will to provide you with notice, however notice shall be considered given and effective on the date that we update our Website with said Changes. Therefor, you are responsible for reviewing this Agreement periodically.
1.2.2. If at any time, you do not agree to the terms of this Agreement, please stop using the Services immediately and close your Account. Your continued use of the Services after we post Changes to this Agreement, constitute your acceptance of the Changes. If you have questions or concerns, please contact us.
1.3. Applicable Laws
1.3.1. You agree to use the Services in a manner that is consistent with all applicable local, provincial, and federal laws, regardless of whether or not you are a Canadian citizen. Customers found to be using our Services for illegal activities will have their accounts closed immediately, without notice, and without a refund. You are solely responsible for determining what laws and regulations are applicable to your use of the Services.
1.3.2. It is our policy to cooperate with law enforcement agencies when provided with an appropriate request for information or court order. Advanced WP may, without notice to you or your consent, provide the requested information to that agency.
1.4.1. You agree that this Agreement is reasonable, valid, and enforceable. However, if any term, section, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, it is in both parties’ intent that such provision be changed in scope by the court only to the extent deemed necessary by the court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired, or invalidated as a result.
1.4.2. Either party’s failure to insist on compliance or enforcement of any section of this Agreement, shall not affect its validity or enforceability, or constitute a waiver of future enforcement of that section or of any other section of this Agreement.
1.5.1. The parties intend that an independent contractor relationship will be created by this Agreement, and that no other form of partnership, joint venture, employee, employer, or other relationship is intended. You agree not to present yourself to others as in any way sponsored by, affiliated with, endorsed by, in partnership with, or as an employee, employer, or agent of Advanced WP.
1.5.2. Nothing in this Agreement is intended to, nor shall be construed to, create any obligation or representation of exclusivity between you and Advanced WP. Furthermore, nothing in this Agreement is intended to, nor shall be construed to, create a limitation or restriction on Advanced WP’s right, freedom, and/or ability to enter into other relationships and/or opportunities.
1.5.3. By accepting this Agreement, you agree that Advanced WP can use your name, company name, and/or logo on our website, marketing materials, and other advertisements to indicate that you are or at one point were an Advanced WP customer. Furthermore, if you are creating a website on behalf of a third party, you represent and warrant that you have permission to grant this authority on behalf of that third party. This provision shall survive termination of this agreement or your customer relationship with Advanced WP.
1.6.1. Any legal dispute arising out of this Agreement shall be held in the provincial and federal courts of British Columbia, Canada. You agree not to bring any action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against Advanced WP or any of its parents, subsidiaries, partners, employees, officers, licensors, or affiliates. You also agree not to bring a claim under the Agreement more than two years after the time that the claim accrued.
1.6.2. Advanced WP reserves the right to submit any claim brought to it under this Agreement to binding arbitration. Disputes or claims submitted to arbitration shall be handled by an accredited arbitrator of Advanced WP’s choosing from the province of British Columbia, Canada. All decisions rendered by the arbitrator shall be final. The arbitrator’s award is final and binding on both parties.
1.6.3. In no event will Advanced WP mediate any dispute or controversy arising between you and a third party. Furthermore, Advanced WP is unable to provide any legal advice or assistance. In no event shall any statement or information received by a support representative of Advanced WP be considered legal advice.
1.7.1. You may not assign, resell, license, or otherwise transfer or delegate any of your obligations hereunder, in whole or in part, without Advanced WP’s prior written consent. However, Advanced WP is free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale, in whole or in part, its assets or stock or as part of a merger.