Terms and Conditions
Effective Date: May 25, 2021
Welcome to www.twozerologic.com (the "Website").
These Terms and Conditions ("Agreement") are a legal agreement that explain the terms and conditions that all visitors, users, clients and customers ("You", or "Your") must comply with when using the website and the associated mobile application. By using the website and mobile application, you agree to abide by all of the terms and conditions in this Agreement.
These Terms and Conditions outline the rules and regulations for the use of www.twozerologic.com and its associated mobile application, “TwoZero”. PLEASE READ THIS AGREEMENT CAREFULLY because it affects your rights and liabilities under the law. By using or accessing the website and mobile application, you confirm that you have read and agreed to be bound by this agreement. If you do not agree with this Agreement, You cannot use or access the website and mobile application.
These Terms and conditions are governed by the law of British Columbia, CANADA
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all agreements:
"Company," "Us," "We," and "Our" refers to Steven Moore & PMV Logic Ltd.
"Content" is the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website.
"Goods" means all goods that We supply and make available to you as detailed in the Invoice.
"Party" refer to either You, or Us, or any other party to this Agreement. "Parties" refer to both You and Us.
"Services" refer to any work We perform for You.
"Supply" means to provide the Goods or Services as per the Invoice.
"You" and "Your" refer to the visitor, user, client, customer or person accessing the Website and thus accepting this Agreement.
2 User Rights and Responsibility
2.1 Acceptable use
2.2 Prohibited Use
While using our service the following terms must be adhered to:
3 Our Content
Except for user content as defined in user content clause below, all of the content featured or displayed on the website and mobile application, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations ("Our Content"), are owned by us, our licensors, vendors, agents and/or our content providers. All elements of the website and mobile application, including without limitation the general design and our content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
The website and mobile application, our content and all related rights shall remain our exclusive property or of Our licensors unless otherwise expressly agreed.
You will not remove any copyright, trademark or other proprietary notices from material found on the website and mobile application.
Except as may be otherwise indicated in specific documents within the website and mobile application or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on Our Website for personal, informational, and non-commercial purposes only.
Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website and mobile application.
4 Trademarks/ No Endorsement
All of Our trademarks, service marks and trade names used herein (including but not limited to: the PMV Logic Ltd. name, PMV Logic Ltd. logo, the website and mobile application name, the website and mobile application design, and any logos) (collectively "Marks") are our trademarks or registered trademarks or of our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website and mobile application, without our prior written consent. The use of our trademarks on any other site or network computer environment is not allowed. We prohibit the use of our trademarks as a "hot" link on or to any other site, unless we have approved in advance the establishment of such a link. You shall not use our name or any language, pictures or symbols which could, in our judgment, imply our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
5 Website & Mobile Application Information
We attempt to ensure that information on the website and mobile application is complete, accurate and current. Despite our efforts, the information on the website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the website and mobile application.
Through your use of the website, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. By using our website and mobile application, you assume all associated risks.
6 Third Party Links
From time to time, the website and mobile application may contain links to sites that we and our affiliates do not own, operate nor control. All such links are provided solely for your convenience. If you use these links, you will leave the website and mobile application. Neither we nor any of our respective affiliates are responsible for any content, material or other information located on or accessible from any other site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other site, or any content, materials or other information located or accessible from any other site, or the results that you may obtain from using any other site.
We do not control, endorse, sponsor or approve of the third parties or their content. We do not take any responsibility for any aspect of these websites or their content. If you decide to access any other site linked to or from this website and mobile application, you do so entirely at your own risk. You agree to be aware when you leave the website and to read the privacy statements of these sites. you will evaluate the security and trustworthiness of any site connected to or accessed through the Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure of personal information to those third-party sites.
7 Intellectual Property Rights
We claim copyright and all other intellectual property rights to all the material on the website and mobile application, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings and text.
Our intellectual property is protected under copyright, trademark and other intellectual property laws.
As part of this agreement, you agree to not reproduce, distribute, sell, publish or broadcast any of the material found on this website and mobile application without our prior written consent.
8 Copyright Notice
All website and mobile application design, graphics, text selections, arrangements, and all software are of Copyright © 2021, Steven Moore & PMV Logic Ltd. or its licensors. ALL RIGHTS RESERVED.
YOUR USE OF THE WEBSITE AND MOBILE APPLICATION IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND MOBILE APPLICATION ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND MOBILE APPLICATION. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND MOBILE APPLICATION MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE AND MOBILE APPLICATION OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10 Limitation of Liability
We do not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the website, utilizing the mobile application, or your downloading of any information or materials from this website and mobile application.
IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE AND MOBILE APPLICATION, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE AND MOBILE APPLICATION, ANY WEBSITES LINKED TO THE WEBSITE AND MOBILE APPLICATION, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
You agree to defend, indemnify and hold us and any of our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the website and mobile application or the internet or your placement or transmission of any message or information on this website and mobile application by you or your authorized users; (b) your violation of any term of this agreement, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of CANADA or any other country; (e) any claim or damages that arise as a result of any user content that you provide to us; or (f) any other party’s access and use of the website and mobile application.
In the event that you have a dispute with one or more other visitors, users, customers, or clients of the website and mobile application, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
13 Dispute Resolution and Arbitration
You and we agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to this agreement, the website and mobile application, any subscription to the website or any other aspect of our relationship (“Subject Legal Claim”).
To help resolve any issues between us promptly and directly, you and we agree to begin any arbitration within 15 days after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived.
In an attempt to find the quickest and most efficient resolution of our issues, you and we agree to first discuss any issue informally for at least 15 days. To do that, please send your full name and contact information, your concern and your proposed solution by email to us at firstname.lastname@example.org.
If we do not reach an agreed upon solution after our discussions for at least 15 days, you and we agree that any subject legal claim that either of us may have must be resolved through binding individual arbitration in British Columbia, CANADA.
You and us also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.
This Agreement is subject to our revision and changes from time to time. Your continued use of the website and mobile application after the revision and changes will mean that you agree, without qualification, to the revised agreement.
If you are not a registered subscriber of the website and mobile application, then you can review revisions to this agreement by regularly checking this page.
Material revisions to this agreement will be indicated by an updated effective date at the top left corner of this page and by a notice posted on the homepage of the website and mobile application.
It is your responsibility to remain apprised of any revisions to this agreement and to remain in compliance therewith.
Should you object to any such revisions to this agreement or become dissatisfied with the website and mobile application in any way, your only recourse is to immediately terminate your membership or discontinue use of the website and mobile application. Otherwise, continuing to use, visit, access or use the website after the effective date means that you agree to be bound by any and all revisions.
15 Force Majeure
We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
16 Minimum Age Requirements
Our website and mobile application is not directed to children. Access to and use of our website and mobile application is only for those who are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements. If you are younger than this, you may not register for or use our website and mobile application.
In agreeing with this agreement, you represent and warrant that you are at least at the age of 13 years in the USA or 16 years in the European Unionor otherwise capable of entering into and performing legal agreements.
Jurisdiction and Choice of Law. Any claim relating to, and the use of, this website and mobile application and the materials contained herein is governed by the laws of the state of British Columbia, CANADA. You consent to the exclusive jurisdiction of the state and federal courts located in Vancouver, British Columbia, CANADA.
Entire Agreement. This agreement and the other agreements stipulated to be incorporated herein are the entire agreement between You and Us and supersede any prior understandings or agreements (written or oral).
A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by us in our sole discretion. You cannot assign this Agreement without Our written consent.
Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
No Waiver. Our failure to act with respect to Your or others’ breach does not waive Our right to act with respect to subsequent or similar breaches.
Survival. Clauses “Trademarks/No Endorsement”, “Advertising Rights”, “Intellectual Property Rights”, “DISCLAIMERS”, “LIMITATIONS OF LIABILITY”, “Indemnity”, “Release”, “Communications”, and “Dispute Resolution and Arbitration” shall survive any termination or expiration of this Agreement.
18 User Feedback
We welcome and encourage You to provide feedback, comments, and suggestions for improvements of the Website and mobile application (“Feedback”). You may submit Feedback by emailing Us at email@example.com. You acknowledge and agree that if You submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that You own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the feedback for any purpose.
19 Notice for California Users
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: You may contact us at our contact page. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
20 Contact Us
If you do not understand any of the foregoing terms and conditions or if You have any questions or comments, please contact us through PMV Logic Ltd., firstname.lastname@example.org