1. Use of the Platform
Subject to these Terms, Out of Office Board grants you a personal, revocable, non-exclusive and non-transferable license during the Term to use the Platform. You are responsible for configuring the Platform and ensuring it meets your personal needs.
You will not, and will not permit anyone else to, without Out of Office Board prior written permission:
use the Platform for purposes other than the Platform Services;
“frame”, “mirror” or otherwise incorporate any part of Platform on any website;
access, monitor modify, copy or distribute any part of the Platform using any automated means or any manual process;
remove any watermarks, labels or other legal or proprietary notices included in the Platform;
attempt to modify the Platform, including disguising or changing any indications of the ownership or source of the Platform;
license, sublicense, resell, assign, distribute, or otherwise commercially exploit or make the Platform available to any third party, other than as expressly permitted by these Terms;
use the Platform in any manner that interferes with the integrity or performance of the Platform;
use the Platform as part of any service for sharing, lending, or on behalf of any other person or entity, except to the extent permitted herein;
attempt or assist others to circumvent, disable or defeat any of the security features or components that protect the Platform;
create adaptations, translations, or derivative works based on the Platform or decompile, disassemble, reverse engineer or otherwise exploit any part of the Platform;
use the Platform in a manner that violates third party intellectual property rights;
upload to or transmit through the Platform anything that is offensive, hateful, obscene, defamatory or violates any laws; or
use the Platform to send unsolicited electronic messages (and nothing in these Terms will be construed as Out of Office Board permitting or causing you to send electronic messages using the Platform).
Out of Office Board may deny to anyone use of the Platform at any time and for any reason. You will cease and desist from using the Platform immediately upon request by Out of Office Board.
2. Registration & System Accounts
If you register for an account on the Platform, you agree to maintain the security and confidentiality of your password and access keys and maintain and promptly update any information you provide to Out of Office Board. You are responsible for all activities that occur through your Out of Office Board account. Your login may only be used by one person.
3. Data Protection, Ownership & Confidentiality
4. Limitation of Liability
Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) will Out of Office Board be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption.
You and we agree that the limitations in this Section correctly allocate the risks between the parties, and you and we have relied on these limitations in determining whether to enter into these Terms and provide use of the Platform. The limitations in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
The Platform are provided “AS IS” and “AS AVAILABLE”. Use of the Platform is at your own risk. Out of Office Board does not make any representations, warranties or conditions of any kind, including about the quality, accuracy, reliability, completeness, currency, or timeliness of the Platform. The Platform may include errors, omissions and inaccuracies, to the maximum extent permitted by applicable law. Out of Office Board does not assume any responsibility for any errors, omissions or inaccuracies in the Platform.
To the fullest extent permitted by applicable law, Out of Office Board disclaims all warranties, representations and conditions of any kind with respect to the Platform whether express, implied, statutory or collateral, including implied warranties and conditions, quality, fitness for a particular purpose and non-infringement, or any warranties or conditions arising out of course of dealing or usage of trade, or that the Platform is or will be error free or will operate without interruption. Out of Office Board makes no representation, condition or warranty that your use of the Platform will comply with applicable laws, including privacy and anti spam laws.
You agree to defend, indemnify and hold harmless Out of Office Board and all of its officers, directors, affiliates, successors, assigns, contractors, employees and agents from and against any liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind brought in connection with or as a result of:
your breach of these Terms or any documents referenced herein;
your violation of any applicable law (including any law, regulation or order related to privacy or anti-spam) or the rights of a third party (including privacy or intellectual property rights);
your use of the Platform (including any electronic messages sent, caused or permitted to be sent by you).
6. General Terms
Amendment and Waiver: These Terms will not be deemed waived by us, or amended or modified by you, unless such waiver, amendment or modification is in writing and signed by Out of Office Board. Our failure to enforce any of the provisions of these Terms will in no way be construed to be a waiver of such provisions, nor in any way affect the ability of Out of Office Board to enforce such provision thereafter.
Modifications: Out of Office Board may modify the Platform or these Terms at any time without notice to you. It is your responsibility to periodically review our Website for any changes and ensure that you understand and are in full compliance of these Terms. Your continued use of the Platform after any changes to these Terms indicates your acceptance of such changes.
Assignment: Out of Office Board may assign, transfer or subcontract its rights and obligations under these Terms (including any services or deliverables provided pursuant to these Terms), in whole or in part, without restriction.
Severability: If any provision of these Terms is unenforceable or invalid for any reason whatever, such unenforceability or invalidity will not affect the enforceability or validity of the remaining provisions of these Terms and such provision will be severable from the remainder of these Terms.
English Language: It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
Entire Agreement: These Terms constitute the entire agreement between Out of Office Board and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals between you and Out of Office Board with respect to the Platform. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Term and Termination: These Terms will commence on the day you first use the Platform and will continue in force until terminated by either party (the “Term”). Either party may terminate these Terms as follows: (1) Out of Office Board may terminate these Terms at any time and with immediate effect by giving notice to you, at Out of Office Board’s discretion, at your current email address on file with Out of Office Board or through the Platform; and (2) you may terminate these Terms at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Platform) that your user account be deleted and uninstalling and removing all local software components thereof.
Survival: All rights and obligations of you and us which expressly or by their nature survive termination of these Terms will continue in full force and effect subsequent to such termination until they are satisfied or otherwise expire.
7. Privacy & Data Protection
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Protection Regulation (GDPR), Out of Office Board’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.
8. Governing Law
These Terms will be governed exclusively by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, excluding any conflict of law rules. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You hereby consent to the exclusive jurisdiction and venue of Courts in Victoria, British Columbia in all disputes arising out of or related to these Terms.