Terms of Service

ItemPath Terms of Service

Posted: March 8, 2014

Effective: March 8, 2014

Thank you for signing up to use ItemPath. In this document, we cover our terms of service which apply to your use of ItemPath. We have a Privacy Policy which outlines some details about how your data is stored and used by ItemPath. In our Acceptable Use Policy are listed your responsibilities when using our services. By signing up to and using ItemPath’s services, you are agreeing to be bound by these terms and to review the Privacy and Acceptable Use policies for you individually or on behalf of an organization if you use the services for that organization.

ItemPath Acceptable Use Policy

In using ItemPath, you are required to use our services responsibly.

By signing up for and using ItemPath, you agree not to misuse the ItemPath services.

For example, you must not, and must not attempt to, use the services to do the following things.

Your Responsibilities

You must comply with our Acceptable Use Policy, and you are responsible for using ItemPath as it is intended. You are also responsible for your data and any backups that you wish to maintain.

It is your responsibility to keep safe your credentials for accessing ItemPath.

ItemPath’s Interests

ItemPath is protected by copyright, trademark, and other Canadian and foreign laws. You do not have any right, title or interest in the services, nor to any content in the services that belongs to others, nor to ItemPath trademarks, logos and other brand features.

Sharing Your Data

ItemPath enables sharing of data with permissions you may give. This allows sharing of certain privileged data of yours with other parties.

Paid Accounts

Billing. You can adjust your plan to suit your usage. We'll automatically bill you from the date you make those changes and on each periodic renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required by law to do so.

No Refunds. You may cancel your ItemPath account at any time, but there will be no refunds for payments made.

Downgrades. Your account will remain in effect until you cancel it or it is terminated under these terms. If you do not pay for your account on time, we reserve the right to suspend it or delete it along with any data that you have stored.

Changes. We may change the effective fees at anytime, but will give you advance notice of these changes by sending an email to the address associated with your account.

Using ItemPath for Business

If you sign up for ItemPath for a business, you must use it in compliance with your employer's terms and policies.

Termination

You're free to stop using our services at any time. We also reserve the right to suspend or end the services at any time at our discretion and without notice. We may, for example, suspend or terminate your use of the services if you're not complying with these terms, or if you use the services in a manner that would cause us legal liability, disrupt the services or disrupt others' use of the services. Except for paid accounts, we reserve the right to terminate and delete your account if you haven't accessed our services. We'll provide you with notice via the email address associated with your account before we do so.

Services "AS IS"

We strive to provide great services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, ITEMPATH AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ITEMPATH, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ITEMPATH HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO ITEMPATH FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.

Resolving Disputes

Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against ItemPath, you agree to try to resolve the dispute informally by contacting info@itempath.com. We'll try to resolve the dispute informally by contacting you via email.

No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

Controlling Law

These terms will be governed by the laws of the Province of Ontario.

Entire Agreement

These terms constitute the entire agreement between you and ItemPath with respect to the subject matter of these terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these terms. These terms create no third party beneficiary rights.

Waiver, Severability & Assignment

ItemPath's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these terms, and any such attempt will be void. ItemPath may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the services after the revisions come into effect, you agree to be bound by the revised terms.

ItemPath
133 Ellenville Crescent
Ariss, ON N0B 1B0
info@itempath.com