PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY.
LAST UPDATED JANUARY 2023
copy any content unless expressly permitted to do so herein;
upload, post, email, transmit or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
You do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
use communication features of the Service (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
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 or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
impersonate any person or entity or misrepresent their affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
collect or store personal data about other users or viewers;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or
modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify or reverse engineer any part of the software provided as part of the Service or to falsely imply that another website is associated with the Service, Simply Serviced Tradesflow Inc. or any other Simply Serviced Tradesflow Inc. service, except to the extent the foregoing restrictions are expressly permitted by applicable law.
LAST UPDATED JANUARY 2023
SIMPLY SERVICED TRADESFLOW INC. OWNS AND OPERATES THE WEBSITE LOCATED AT https://tradesflow.com/ (“WEBSITE”), AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME. THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.
YOU MUST BE AT LEAST OF THE LEGAL AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY TO USE THE WEBSITE. BY ACCESSING, BROWSING AND USING THIS WEBSITE YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE WHICH CONSTITUTES A BINDING LEGAL AGREEMENT GOVERNED BY AND MADE UNDER CANADIAN LAW BETWEEN YOU AND SIMPLY SERVICED TRADESFLOW INC. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THIS WEBSITE OR ANY OF THE CONTENT OR SERVICES. THE TERM “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICE.
PLEASE BE AWARE THAT SECTION 17 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICE OR SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF BRITISH COLUMBIA, CANADA WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
IF YOU SUBSCRIBE TO THE SERVICE FOR A FREE TRIAL, AND DO NOT CANCEL THE SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL PERIOD, THE TERMS WILL BE AUTOMATICALLY RENEWED ON A MONTHLY OR ANNUAL BASIS AT SIMPLY SERVICED TRADESFLOW’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3 BELOW. IF YOU SUBSCRIBE TO THE SERVICES UNDER A SUBSCRIPTION PLAN FOR A TERM (“INITIAL TERM”), THEN THOSE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT SIMPLY SERVICED TRADESFLOW’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL/DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3 BELOW.
IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF SERVICE.
Note: These terms of service are subject to change by Simply Serviced Tradesflow Inc. in its sole discretion at any time. When changes are made, Simply Serviced Tradesflow Inc. will make a new copy of the Terms of Service available on the Website. We will also update the “Last Updated” date at the top of the Terms of Service. Any non-material change (such as clarifications) to these Terms of Service will become effective on the date the change is posted and any material changes to the Terms of Service will be effective:
- immediately for new Users of the Website and/or Services; and
- thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to registered Users (defined in Section 2 below). Simply Serviced Tradesflow Inc. may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Website, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, and/or the Services. Otherwise, your continued use of the Website, and/or Services constitutes your acceptance of such change(s). It is your responsibility to regularly check the website to view the then-current terms.
1. THE SERVICE.
The Simply Serviced Tradesflow Inc.'s software as a service is a BETA product that enables users to run a mobile service business including without limitation CRM, PRM, scheduling, billing, invoicing, record keeping, maps, and payment integration functions, all as further described on the Website (the “Service”) and the underlying hardware, software, network storage and related technology required to run the Service is provided by Simply Serviced Tradesflow Inc. and its third party vendors and hosting partners. Be advised that the current software offering is in Beta stage and as such will be subject to change without notice, as well as expected functionality and performance may fluctuate broadly as updates and changes are made to the product.
- Account Ownership: If you register for the Service on behalf of a business organization, that business organization will be the legal and beneficial account owner. For the purpose of these Terms of Service, regardless of whether you register for an account as an individual, or on behalf of an organization, the billing contact person will be the default account owner (the“Account Owner”). The Account Owner will have certain rights within the account, including the right to cancel the account, delete information from the account and appoint administrators. Notwithstanding anything to the contrary contained herein, you acknowledge and agree that the term Account Owner does not convey or connote ownership rights or any other property interest in an account, even where you are designated as the Account Owner, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Simply Serviced Tradesflow Inc. Although the Account Owner can also appoint a new Account Owner if the billing contact is not the appropriate person to manage the account, in the event of a dispute regarding entitlement to access an account, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, proof of position within the company designated as the Account Owner, etc. Simply Serviced Tradesflow Inc. retains the right to determine, in our sole judgment, who the rightful Account Owner is and may transfer an account to the person we consider is the rightful Account Owner. If we are unable to reasonably determine the rightful Account Owner, Simply Serviced Tradesflow Inc. reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
3. FEES, PAYMENTS, REFUNDS, UPGRADING AND DOWNGRADING.
Customer will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services and Content subscriptions purchased and not actual usage, (ii) payment obligations are non- cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term.
Information on the current fees for users who are registered for the Services can be found in the billing section of your account. If you are a new user or prospective user of the Software as a Service and would like more information about our pricing models and products, please contact us at firstname.lastname@example.org. From time to time, we may offer a free trial of the Service, at our sole discretion. A valid credit card is required for paying accounts.If you sign up for a recurring (eg. monthly or annual) paid account, and you do not cancel that account before the end of any provided trial period, you will be billed starting on the first day following the trial period. If you cancel prior to the processing of your first invoice (i.e. up to and including the last day of your free trial), your access to the Software as a Services will terminate, and your credit card will not be charged.
- Automatic Renewal: Your subscription will continue indefinitely until terminated in accordance with section 15 below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (“Renewal Commencement Date(s)”) and continue for an additional equivalent period at Simply Serviced Tradesflow Inc.’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or, in the event that you receive a notice from Simply Serviced Tradesflow Inc. that your subscription will be automatically renewed, you will have thirty (30) days from the date of the notice), by logging in and going to the “Cancel Your Account” section of your Administration and Account page and by notifying Simply Serviced Tradesflow Inc. of the intended termination by email that is received 30 days or more prior to the renewal date. The credit card provided at time of registration will be charged for any and all renewals unless updated by you.
- Billing, Changes to Service & Cancellations: The Service is billed in advance on a monthly or annual basis and fees are non-refundable. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you cancel the Service before the end of your current paid up month, your account will remain open until the end of the then-current billing cycle, after which the cancellation will take effect and you will not be charged for the next month or be able to access your account. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon fifteen (15) days’ notice from us. Such notice may be provided by email notification or in your Administration Account page.
- Credits: Simply Serviced Tradesflow Inc. may, in its sole discretion, offer credits or coupons (“Credits”) to its Users for promotional or other purposes. Credits may only be redeemed for purchases of services and may not be applied to any previous purchase. Credits are non-transferable, non-refundable, and may not be redeemed for cash. A User’s Credits will expire and will no longer be available on the date expressed in connection with the promotion, or on the date such User terminates their subscription with Simply Serviced Tradesflow Inc. Simply Serviced Tradesflow Inc. reserves the right to terminate, discontinue, or cancel any promotions under which Credits were issued at any time and in its sole discretion without notice to you.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Simply Serviced Tradesflow Inc., are entirely responsible for all such material uploaded, posted, emailed, transmitted, or otherwise made available by using the Service. Simply Serviced Tradesflow Inc. does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity, or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Simply Serviced Tradesflow Inc. be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
5. RESTRICTIONS ON USER CONTENT AND USE OF THE SERVICES.
A) Restrictions Generally: Simply Serviced Tradesflow Inc. reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (1) satisfy any applicable law, regulation, legal process or governmental request, (2) enforce these Terms of Service, including investigation of potential violations hereof, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to user support requests, or (5) protect the rights, property or safety of our users and the public. In using the Website, and/or Service You shall not:
B) Acceptable Use: You agree to comply with all Applicable Laws in connection with the use of the Services, including the provision of any personal data and other content to Simply Serviced Tradesflow Inc. Should your bandwidth usage exceed reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by Simply Serviced Tradesflow Inc.) of other Simply Serviced Tradesflow Inc. customers, we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
6. LICENSE OF CONTENT TO SIMPLY SERVICED TRADESFLOW INC.
7. END USER LICENSE.
Except for User Content, this Website, Service, and the information and materials contained therein, are the property of Simply Serviced Tradesflow Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Service, Simply Serviced Tradesflow Inc. grants you a non-transferable, non-exclusive, revocable license to use the Website and Software as a Service for your use, (the “License) and not sold. Nothing in the Terms of Service gives you a right to use the Simply Serviced Tradesflow Inc. names, trademarks, logos, domain names, and other distinctive brand features in whole or in part without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or Services shall be subject to the terms of these Terms of Service.
8. FEEDBACK: SERVICE COMPLAINTS.
If you provide Simply Serviced Tradesflow Inc. with any suggestions, comments or other feedback relating to any aspect of the Website, and/or Service (“Feedback”), Simply Serviced Tradesflow Inc. may use such Feedback in the Website, Service and/or in any other Simply Serviced Tradesflow Inc. products or services (collectively, “Simply Serviced Tradesflow Inc. Offerings”). Accordingly, you agree that:
- Simply Serviced Tradesflow Inc. is not subject to any confidentiality obligations in respect to the Feedback,
- the Feedback is not confidential or proprietary information of you/yours or any third party and you have all of the necessary rights to disclose the Feedback to Simply Serviced Tradesflow Inc.,
- Simply Serviced Tradesflow Inc. (including all of its successors and assigns and any successors and assigns of any of Simply Serviced Tradesflow Inc.) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Simply Serviced Tradesflow Inc. offerings, and
- You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.
You agree to cooperate with Simply Serviced Tradesflow Inc. in conducting reasonable due diligence into any complaint that you or your customers receive relating to the Service (including performance of any components of the Service such as the account security and fraud prevention tools) and You agree that you will cooperate with Simply Serviced Tradesflow Inc. to ensure appropriate action is taken in response to such complaints where necessary.
The website, service, and all materials provided therein are provided “as is” and Simply Serviced Tradesflow Inc. does not warrant that the service will meet your specific requirements, that the service will be uninterrupted, timely, secure or error-free, that results obtained from use of the service will be accurate or reliable or that any errors in the service will be corrected. In addition, Simply Serviced Tradesflow Inc. specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the service is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material
10. LIMITATION OF LIABILITY.
Under no circumstances shall Simply Serviced Tradesflow Inc. be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result from (i) your use of or your inability to use this website, app or the service, (ii) the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies in the materials on the website, or (iv) any errors or omissions in any material on the website or any other loss or damage of any kind arising from or relating to your use of the website. These limitations shall apply even if Simply Serviced Tradesflow Inc. has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Simply Serviced Tradesflow Inc.’s liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to amounts you’ve paid Simply Serviced Tradesflow Inc. in the prior 3 months (if any). The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.
You shall indemnify and hold Simply Serviced Tradesflow Inc. and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees), incurred in connection with any materials submitted, posted, transmitted or made available by you through the service and/or any violation by you of these terms of service, the rights of any third party, or any applicable law or regulation. This provision does not require you to indemnify Simply Serviced Tradesflow Inc. for any unconscionable commercial practice by or for Simply Serviced Tradesflow Inc.’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
You are solely responsible for properly cancelling your account. You can cancel your account at any time by logging in and going to the “Cancel your Account” section of your Account page and by notifying Simply Serviced Tradesflow Inc. of the intended termination by email. However, please see Section 2 above for details that the effect of cancellation has on your payment obligations. Simply Serviced Tradesflow Inc. may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to,
- breaches or violations of these Terms of Service or any other agreement that you may have with Simply Serviced Tradesflow Inc. (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by you to Simply Serviced Tradesflow Inc.),
- requests by law enforcement or other government agencies,
- a request by the Account Owner,
- discontinuance or material modification to the website (or any part thereof),
- unexpected technical, security or legal issues or problems, and/or
- participation by you, directly or indirectly, in fraudulent or illegal activities; or
13. AVAILABILITY AND UPDATES.
Simply Serviced Tradesflow Inc. may alter, suspend, or discontinue the Website, and/or Service at any time and for any reason or no reason, without notice, but will endeavor to provide notice of the same. The Website, and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Simply Serviced Tradesflow Inc. may periodically add or update the information and materials on this Website without notice. You may need to update third-party software from time to time in order to use the Website, and/or Service.
A) Security Generally: Simply Serviced Tradesflow maintains a security program with appropriate administrative, technical, organizational and physical security measures designed to protect your content against unauthorized access, disclosure and loss. However, information sent or received over the Internet is generally unsecure and Simply Serviced Tradesflow Inc. cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You are responsible for choosing a strong and unique password and for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. It is recommended that you not use the same password for your Simply Serviced Tradesflow Inc. account that you use for multiple accounts. If you create an account on behalf of a corporation or entity, you are responsible for any actions of administrative users you add to your account and you are liable for any payment obligations that they incur. Logins are intended for one user only and are not to be shared by multiple users. Simply Serviced Tradesflow Inc. will not be liable for any loss or damage arising from your failure to comply with these requirements.
B) Account Security and Fraud Prevention: Simply Serviced Tradesflow Inc. utilizes third party fraud prediction and detection services to help identify potential threats such as unauthorized account access and fraudulent transactions.
“Confidential Information” means information of a party (“Disclosing Party”) that the other party (“Receiving Party”) receives in connection with the Service, which based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential to the Disclosing Party, including, without limitation, customer information, transactional information and any other non-public content posted, transmitted or accessed through the Service. A Receiving Party shall (i) limit access and use of Disclosing Party’s Confidential Information to those of Receiving Party’s employees and agents that require such access and use in connection with the Service; (ii) not disclose Disclosing Party’s Confidential Information to third parties, unless authorized under this Section of the Terms; (iii) protect the Disclosing Party’s Confidential Information as it protects its own Confidential Information, but in any event with not less than a reasonable degree of care; and (iv) not use the Disclosing Party’s Confidential Information for any purpose except as required to perform its obligations hereunder or as otherwise specifically permitted hereunder. Nothing in this Section shall prevent a Receiving Party from disclosing Confidential Information to a third party to the extent that such Confidential Information is: (i) previously known to the Receiving Party prior to disclosure by the Disclosing Party, without any obligation of confidentiality; (ii) publicly known or becomes publicly known through no breach of this Agreement by the Receiving Party; (iii) rightfully received from a third party under no confidentiality obligation with respect to the Confidential Information; or (iv) independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information. In addition, Confidential Information may be disclosed to governments and their agencies under lawful order or judicial order. In the event that Simply Serviced Tradesflow Inc. receives a request or order to release your Confidential Information, we will notify you promptly (to the extent permitted by law).
16. RESPONSES TO LEGAL MATTERS.
17. DISPUTE RESOLUTION ARBITRATION AGREEMENT.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Simply Serviced Tradesflow Inc. and limits the manner in which you may seek relief from us.
- Applicability of Arbitration Agreement: You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Simply Serviced Tradesflow Inc., will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Simply Serviced Tradesflow Inc. may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
- Waiver of Jury Trial: You and Simply Serviced Tradesflow Inc. hereby waive any constitutional and statutory rights to sue in any court and to have a trial in front of a judge or a jury. You and Simply Serviced Tradesflow Inc. are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. An arbitrator may award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief: All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class or collective basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then claim must be severed from the arbitration and brought into the Provincial or Federal Courts located in the Province of British Columbia. All other claims shall be arbitrated.
- Severability: If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with Simply Serviced Tradesflow Inc.
18. GENERAL TERMS.
19. GOVERNING LAW.
This Document shall be governed in its entirety by the laws of the Province of British Columbia Canada. You hereby agree to attorn to the exclusive jurisdiction of British Columbia courts with respect to any matters arising out of these Terms. Unless we agree otherwise in writing, any dispute arising out of these Terms will be fully and finally decided by arbitration in accordance with the commercial arbitration laws of British Columbia.