Terms & Conditions
Last updated: August 29, 2018
These Terms and Conditions (hereinafter the “Terms”) govern your (hereinafter “you” or “your” will refer to you as an entity or as an end user of an entity) relationship with the www.lexop.com website, any software or any software enabled service (collectively the “Service”) operated or provided by Lexop Solutions inc. (“Lexop”,”us”, “we”, or “our”).
Please read these Terms carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms, in whole or in part, please do not use the Service.
1. Service and Software
You may install, use, access, display, run, or otherwise interact with one copy of our software, on a single computer, workstation, terminal, handheld PC, pager, “smartphone,” or other digital electronic devices (“Computer”).
A license for the Service may not be shared or used concurrently on different Computers unless the Service or pricing plan does not require individual Computer licenses. In the event that we offer a replacement or modified version of or any upgrade to the Service your continued use of the Service is conditioned on your acceptance of such replacement or modified version of or upgrade to the Service and any accompanying superseding Terms.
The amount of bandwidth allotted per user is limited to 200 MegaBytes per email unless tailored otherwise for specific needs. Emails exceeding these limits may not be processed due to bandwidth constraints, inbound or outbound limitations. You agree that we are not responsible or liable for the deletion or failure to process emails. Also, we shall have no obligation to retransfer or forward any emails to you or to any third party for any reason whatsoever.
You will pay and authorize Lexop to charge using your selected payment, for all applicable fees. Fees are non-refundable except as required by law. You are responsible for providing complete and accurate billing and contact information to Lexop. Lexop may suspend or terminate the Service if fees are past due.
Lexop may, at any time, notify you about a change in fees, terms, and conditions of the Service. Those fees will be agreed to by you as indicated by your continued use of the Service five (5) business days after notification has been sent. As applicable, monthly and annual service plans automatically renew each month or year respectively, unless and until service is canceled in writing. If your account is set to auto-renewal or is in a trial period, Lexop may automatically charge at the end of the trial or for renewal, unless you notify Lexop that you want to cancel or disable auto renewal. You can cancel your subscription at any time. However, there are no refunds for the current term (monthly or yearly), unless we offer a 30-day money-back guarantee upon registration.
3. No Warranties
You will be promptly notified if the Service is unavailable. Your sole and exclusive remedy for any failure to provide the Service is that Lexop will re-perform the applicable Service. We have no other responsibility or liability for any such outage or any failure to deliver an email.
With respect to email deliverability, the Service will return a notice to the sender in real-time. If a sent email is not delivered to the recipient’s inbox, the Service will notify the sender of such delivery status (except for emails that are tagged as junk or spammed). There is no additional responsibility of Lexop to re-deliver that email. It is solely the responsibility of the sender to re-deliver that email. We are not responsible for emails that get spammed or that go to the recipient’s junk folder. The Service will charge the sender as soon as an email is sent, whether it’s delivered or not. Although we strive to offer you the best service, WE DO NOT GUARANTEE THE DELIVERY OF EMAILS because there are too many factors that are out of our control.
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any contents or activities on the Service.
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in an immediate termination of your account on our Service.
You agree that we can use your name, logo, and trademarks for public relations activities including, without limitation, on our client list and on our website.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
6. Other Obligations
When required to enter a recipient’s email address while using our Service, you are responsible for entering the accurate, complete and current email address of the recipient(s) at all times. You agree and understand that it is your responsibility to make sure that you have the right to communicate with your recipients via email or SMS.
You agree and understand that (1) the court rules, the civil procedure rules and other laws (the “Rules”) underlying the services provided by us via our Service may change from time to time, and (2) that your use of the Service and information available through the Service is not intended, nor should it be considered or relied upon by you, to substitute for your compliance with your duties as a professional (or as an entity), or the use of your judgment in reading and interpreting the Rules.
YOU AGREE AND UNDERSTAND THAT WE PROVIDE THE SERVICE FOR YOUR CONVENIENCE ONLY, AND IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSSES, EXPENSES OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY NATURE WHATSOEVER INCURRED AS A RESULT OF YOUR FAILURE TO COMPLY WITH YOUR PROFESSIONAL DUTIES OR YOUR FAILURE TO PROPERLY READ, REVIEW AND INTERPRET THE RULES.
You are also responsible for the use of the Service by your end users. You and your end users must use the Service in compliance with these Terms. You will obtain from your end users any consents necessary to allow Administrators (as defined below) to engage in the activities described in these Terms and to allow Lexop to provide the Service.
You may specify end users as “Administrators” through the administrative console. Administrators may have the ability to access, disclose, restrict, or remove data in or from your accounts. Administrators may also have the ability to monitor, restrict, or terminate access to accounts. Lexop’s responsibilities do not extend to your internal management or administration of the Service. You are responsible for: (i) maintaining the confidentiality of passwords and Administrator accounts; (ii) managing access to Administrator accounts; and (iii) ensuring that Administrators’ use of the Service complies with these Terms.
7. Referral Program
The Referrer and the individual who is referred (“Referee”) may receive Lexop credits and/or gift cards (collectively the “Reward”) upon completion of the following conditions:
The Referer and the Referee receive Lexop credits when the Referee registers with the Service directly from Referrer’s referral method (e.g., clicking on the Referrer’s unique link), completes the initial registration, and initiates at least one (1) activity through the Service (i.e.: Certified Email, Sharing, Consent, or Documents);
The Referer receives a gift card when the Referee becomes a paying user by registering a valid credit card and initiating a billable activity.
Except as required by law, gift cards cannot be transferred for value or redeemed for cash, and they may be used only for purchases of eligible goods.
The Reward may change from time to time at Lexop’s discretion; however, valid referrals completed before the change of the Reward will be honored.
Lexop reserves the right to void any referral or Reward that: (i) appears to be fraudulent; (ii) appears to have been created as a result of a fraudulent transaction; or (iii) that violates these Terms.
The Referral Program cannot be used for commercial purposes. Lexop does not guarantee a delivery time on any Reward earned. We reserve the right to amend or terminate the Referral Program at any time without notice.
8. Intellectual Property
The Service and all its related content, including but not limited to text, images, graphics, or code are the property of Lexop and are protected by copyright, trademarks, database and other intellectual property rights.
Except as expressly set forth herein, these Terms do not grant (i) Lexop any Intellectual Property Rights in your Data or (ii) you any Intellectual Property Rights in the Service or Lexop trademarks and brand features. “Intellectual Property Rights” means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.
You grant Lexop only the limited rights that are reasonably necessary for Lexop to offer the Service. This permission also extends to our affiliates and trusted third parties Lexop works with to offer the Service (e.g., payment provider used to process payment of fees).
Lexop may, at its discretion and for any purpose, use, modify, and incorporate into its products and services, license and sublicense, any feedback, comments, or suggestions you or your end users send Lexop or post in Lexop’s forums without any obligation to you.
You’re free to stop using our Service at any time unless your pricing plan is a yearly contract. We also reserve the right to terminate or suspend your access to our Service at our discretion but subject to reasonable prior notice, including, without limitation, if you breach the Terms. Upon termination, we will assist you in extracting all your data.
As applicable, the provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination, your right to use the Service will immediately cease.
You agree to indemnify, defend, and hold harmless Lexop, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands related to (but not limited to): (a) legal and accounting fees resulting from your improper use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
11. Limitation of Liability
To the fullest extent permitted by law, Lexop, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from the following, unless attributable to Lexop’s gross negligence or intentional fault: (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party not acting pursuant to Lexop’s instructions; and (iv) any content obtained from or through the Service.
12. Disclaimer and Non-Waiver of Rights
We strive to provide great Service, but there are certain things that we can’t guarantee. Therefore, to the fullest extent permitted by law, Lexop makes no guarantees, representations or warranties of any kind as regards to the Service and the associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Lexop, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) the Service is free of viruses or other harmful components; or c) the results of using the Service will meet your requirements.
If you breach any of these Terms and Lexop chooses not to immediately act, or chooses not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Lexop does not waive any of its rights. We shall not be responsible for any purported breach of these Terms caused by circumstances beyond our control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
In the event that Lexop personnel are subpoenaed or otherwise asked to give testimony in any disputes between you and any third party, which involves the Service, you agree to pay Lexop for its services at a rate of $350.00 per hour per person, plus reasonable travel and other expenses.
14. Legal Notice
Lexop does not offer any legal advice, opinions, or guidance. Use of any of the materials or information contained on www.lexop.com or within any Lexop sponsored white papers or marketing and promotional material should be used with caution and with no risk or liability to Lexop. You should seek your independent legal counsel if you have any legal questions and not rely on any of the Lexop materials as legal opinions.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
16. Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Quebec and the laws of Canada, as applicable. The courts of the Province of Quebec shall have exclusive jurisdiction with respect to all actions, claims, and proceedings arising out of or relating to these Terms or to the use of the Service.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Service or accessing it.
18. Contact Us
If you have any questions about these Terms, please contact us.