The following terms and conditions govern all use of the Notionlab.com and affiliated websites, and all content, services and products available at or through these websites (Taken together, the "Websites"). The Websites are owned and operated by Notionlab Software Inc. ("Notionlab"). The Websites are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Notionlab Privacy Policy) and procedures that may be published from time to time on this site by Notionlab (collectively, the Agreement).
Please read this Agreement carefully before accessing or using the Websites. By accessing or using any part of these Websites, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Websites or use any services. If these terms and conditions are considered an offer by Notionlab, acceptance is expressly limited to these terms. The Websites are available only to individuals who are at least 13 years old.
If you use a product or service on the Websites, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Notionlab of any unauthorized uses of your account or any other breaches of security. Notionlab will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you post material to the Websites, post links on the Websites, or otherwise make (or allow any third party to make) material available by means of the Websites (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
Without limiting any of those representations or warranties, Notionlab has the right (though not the obligation) to, in Notionlab's sole discretion (i) refuse or remove any content that, in Notionlab's reasonable opinion, violates any Notionlab policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Websites to any individual or entity for any reason, in Notionlab's sole discretion. Notionlab will have no obligation to provide a refund of any amounts previously paid.
Notionlab has not reviewed, and cannot review, all of the material, including computer software, posted to the Websites, and cannot therefore be responsible for that material's content, use or effects. By operating the Websites, Notionlab does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Notionlab disclaims any responsibility for any harm resulting from the use by visitors of the Websites, or from any downloading by those visitors of content there posted.
This Agreement does not transfer from Notionlab to you any Notionlab or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Notionlab. Notionlab, Notionlab.com, the Notionlab.com logo, and all other trademarks, service marks, graphics and logos used in connection with the Websites are trademarks or registered trademarks of Notionlab or Notionlab's licensors. Other trademarks, service marks, graphics and logos used in connection with the Websites may be the trademarks of other third parties. Your use of the Websites grants you no right or license to reproduce or otherwise use any Notionlab or third-party trademarks.
By selecting a paid service plan you agree to pay Notionlab the monthly or annual subscription fees indicated for that service (the payment terms for services are described below). Payments will be charged on the day you sign up for a paid service plan and will cover the use of that service for a monthly or annual period as indicated. Paid service fees are not refundable. Notionlab reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
Notionlab may terminate your access to all or any part of the Websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Notionlab.com account (if you have one), you may simply discontinue using the Websites. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Websites are provided "as is". Notionlab and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Notionlab nor its suppliers and licensors, makes any warranty that the Websites will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Websites at your own discretion and risk.
In no event will Notionlab, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Notionlab under this agreement during the twelve (12) month period prior to the cause of action. Notionlab shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Websites will be in strict accordance with the Notionlab Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Websites will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Notionlab, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney's fees, arising out of your use of the Websites, including but not limited to your violation of this Agreement.
Notionlab reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Websites following the posting of any changes to this Agreement constitutes acceptance of those changes. Notionlab may also, in the future, offer new services and/or features through the Websites. Such new products and/or services shall be subject to the terms and conditions of this Agreement.
This Agreement shall be governed in all respects by the laws of the Province of British Columbia as they apply to agreements entered into and to be performed entirely within British Columbia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Notionlab must be resolved by a court located in Vancouver, British Columbia. You agree to submit to the personal jurisdiction of the courts located within British Columbia for the purpose of litigating all such claims or disputes.