This agreement governs your subscription to, purchase of and use of Stewardly services, including Software-as-a-Service ("SaaS"), and the provision of any other Stewardly services to you. SaaS and other services are collectively the "Services". You agree to these terms by using Stewardly's website or any of the Services or products available on the website.
Depending on which Services you use, additional terms and policies associated with those Services may apply ("Additional Terms"). Those Additional Terms become part of your agreement with Stewardly if you use those Services.
The Stewardly website is provided for use by persons who can form legally binding contracts under applicable law. By using this website, you represent that you are at least 19 years of age and have the authority to enter into this contract.
2. Fees and Payments:
Fees. Services available for a fee are accessed from Stewardly subject to the completion of a master agreement and an order form ("Order Form"). You agree to pay fees as set out in an applicable Order Form within 45 days of receipt of Stewardly's invoice unless otherwise specified on the Order Form. All fees are exclusive of HST, VAT or other value added taxes, unless stated otherwise in an Order Form.
3. Client Obligations:
Stewardly is not responsible for and will not be liable for your use of this website or of any Stewardly Services in contravention of any laws.
Embargoes. You represent and warrant that you are not barred by any applicable laws from being supplied with the SaaS or the Services. Stewardly SaaS or Services may not be used in any country that is subject to an embargo by the United States or European Union applicable to the SaaS or Services. You shall ensure that: (a) you and your authorized users ("End Users") do not use the Services in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Services to persons on the U.S. Department of Commerce's Denied Persons List or Entity List, or the U.S. Treasury Department's list of Specially Designated Nationals.
You are at all times responsible for your own conduct, your own data and your communications with others while using Stewardly's website, SaaS or other services.
Stewardly is not responsible to comply with industry-specific regulations applicable to you unless Stewardly has agreed otherwise in a written agreement with you.
4. Intellectual Property:
Stewardly IP. Subject to applicable Additional Terms, all intellectual property in the content of this website, the SaaS products available via this website and created in provision of the Services is owned by Stewardly.
Trademarks/Use of Name/Logo. The name "Stewardly", the website "stewardly.ca", and the logos used by Stewardly are trade-marks, trade-names and service-marks ("Marks") owned by Stewardly. Nothing on this website grants you any rights to use the Marks. You shall not use the name "Stewardly" or its logos without prior written permission from Stewardly.
Stewardly makes no express or implied representations or warranties regarding its website, SaaS or Services. Stewardly will not be liable for any failure to store, or for loss or corruption of, Client Data. Stewardly shall not be liable for any indirect, special, consequential, punitive or incidental damages of any nature arising from the use of this website or the SaaS or Services, whether the damages are foreseeable or not.
Any websites linked from this website are maintained by other organizations. Those organizations are responsible for the information contained within their sites. Even when this website refers or links to another website, Stewardly does not endorse the content on any other organization's website.
Stewardly does not represent or warrant that files available for downloading will be free from any code that contains contaminating or destructive properties, including infections, viruses, worms or Trojan horses.
Stewardly assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this website. Stewardly assumes no liability for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, governmental action, disease outbreak, or internet disturbance) that was beyond Stewardly's reasonable control.
You are solely responsible for any claims that arise due to your negligence, misconduct, acts or omissions. To the extent permitted by law, you indemnify Stewardly from any and all claims and losses arising from your negligence, misconduct, acts or omissions.
8. Other Terms:
Stewardly may assign this agreement and the website at its sole discretion without your consent and without notice or liability. You may not assign this agreement or your rights or obligations under this agreement.
This agreement was prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls.