Terms of use

Our terms of use.

Terms Of Use

Welcome to our Terms Of Use!

This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our Sites and Services, https://www.every8th.com, sub-domains, and any associated web-based and mobile applications (collectively, Sites and/or Services), as owned and operated by Every 8Th Inc.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use along with our Privacy Policy, Service-Level Agreement, and other posted guidelines within our Sites, collectively "Legal Terms", constitute the entire and only agreement between you and Every 8th Inc., and supersede all other agreements, representations, warranties and understandings with respect to our Sites and Services and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Site, and you should review all Legal Terms prior to using our Services. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Sites and Services, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Sites or Services. If you have already accessed our Sites and do not accept our Legal Terms, you should immediately discontinue use of our Sites and Services.

Definitions

The terms "us" or "we" or "our" refers to Every 8th Inc.

A "Visitor" is someone who merely browses our Site, but has not registered as Client.

A Client is an individual that has registered with us to use our Services.

Our Services represent the collective functionality and features as offered through our Sites to our Clients.

A "User" is a collective identifier that refers to either a Visitor or a Client.

All text, information, graphics, audio, video, and data offered through our Sites are collectively known as our "Content".

Limited License

Every 8th Inc. grants you a non-exclusive, non-transferable, revocable license to access and use our Sites and Services strictly in accordance with our Legal Terms. Your use of our Sites and Services is solely for the purposes stated within our Legal Terms; any other use is a violation of this license and will result in the revocation of your account.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Sites and Services. We reserve the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Client account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Intellectual Property

Our Sites may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Sites and Services does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Sites is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Content is strictly prohibited. Your use of our Site does not grant you ownership rights of any kind.

Links to Other Websites

Our Sites may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Sites does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. We have no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Warranty Disclaimer

Every 8th Inc. reserves the right to change any and all Content and features of our Sites, at any time without notice. Our Sites may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Client Content. Every 8th Inc. is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, Sites, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Sites, related to or resulting from using, uploading, or downloading materials in connection with our Sites and Services. Under no circumstances will Every 8th Inc. be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Sites and Services, or for any interactions between Users of our Sites, whether online or offline.

OUR SITES AND SERVICES IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SITES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. EVERY 8TH INC., INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SITES AND SERVICES, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SITES AND SERVICES. EVERY 8TH INC. DOES NOT REPRESENT OR WARRANT THAT OUR SITES AND SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR SITES AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR SITES AND SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EVERY 8TH INC. OUR SITES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SITES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.

Limitation of Liability

Every 8th Inc., as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Sites and Services; (b) the unavailability or interruption of our Site and Services; (c) your use of our Sites and Services; or (d) any delay or failure in performance of our Sites and Services.

EVERY 8TH INC. AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. EVERY 8TH INC. AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR SITES AND SERVICES, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.

IN NO EVENT WILL EVERY 8TH INC. OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR SITES AND SERVICES, EVEN IF EVERY 8TH INC. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EVERY 8TH INC.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR SITES AND SERVICES.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in Canada and shall be governed by and construed in accordance with the laws of Canada without regard to conflict of law principles.

Effective date Sep 1, 2015