Terms of Service

Effective Date: This Terms of Use Agreement was last updated on June 22, 2016.

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THE getmyle.com (THE “SITE”) AND THE SERVICES AND RELATED CLIENT SOFTWARE AVAILABLE ON AND THROUGH THE SITE (COLLECTIVELY, THE “SERVICE”) THAT IS PROVIDED BY MYLE Electronics Corp. under the service name MYLE.(“MYLE Electronics Corp.” OR “WE”) AND ITS CORPORATE AFFILIATES. THESE TERMS AND THE PRIVACY POLICY GOVERN YOUR USE THE SITE AND SERVICE. BY USING THE SITE AND/OR THE SERVICE PROVIDED THEREON, YOU ( “MEMBER” “YOU” OR “YOUR”) AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, DO NOT USE THE SITE AND/OR THE SERVICE. YOU AGREE THAT USE OF THE SITE AND/OR THE SERVICE SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. WE RESERVE THE RIGHT, AT ANY TIME, TO MODIFY, ALTER, OR UPDATE THE SITE AND/OR THE SERVICE, AND THE TERMS, AND MYLE WILL POST NOTICE OF THE CHANGES AND THE UPDATED TERMS ON THE SITE. THE UPDATED TERMS SHALL BECOME EFFECTIVE IMMEDIATELY UPON NOTICE OF THE UPDATED TERMS BEING POSTED ON THE SITE. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU ACKNOWLEDGE AND AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS POSTED ON THE SITE PERIODICALLY FOR UPDATES AND CHANGES.

General Use Restrictions

As part of the Service, MYLE will make certain software available to you via download (“Software”). Subject to your compliance with these Terms (including, without limitation, MYLE grants you a limited, personal, non-exclusive, non-transferable, world-wide license to use the Software solely for your own internal personal use in connection with your use of the Service. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to copy, modify, adapt any code that comprises the Software, reverse engineer, decompile, reverse assemble, modify or attempt to discover the source code of the Software. Upon termination of this limited license, you agree to immediately destroy the Software.

Members Account

All members of the Service need a password and an account to login to this Site and to use the Service and certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password, username and account, and you agree to immediately notify MYLE if your password is lost, stolen, or disclosed to an unauthorized third party or otherwise may have been compromised. You are entirely responsible for any and all activities which occur under your account, whether authorized or not authorized. You agree to immediately notify MYLE of any unauthorized use of your account or any other breach of security in relation to the Site and/or the Service known to you. You agree that you will not misrepresent yourself or represent your self as another user of the Site and/or the Service.

Non-Commercial Use

Member agrees to indemnify and hold MYLE, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

Members Content

Members are solely responsible for the text, files, sounds, musical works, works or authorship or any other materials that you submit, post or otherwise make available or access or provide access to or transmit (collectively, “post”) on the Site or through the Service (collectively, the “Member Content”). You understand and agree that you, and not MYLE, have full responsibility for each all Member Content that you access or provide access to or that you post or transmit to other members through the Site and/or the Service, including its legality, accuracy, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the MYLE Privacy Policy, you agree that any Member Content provided by you in connection with this Site and/or the Service is provided on a non-proprietary and non-confidential basis. Please be sure that any information you post on any area of the Site or provide access to or transmit through the Service is information that you are comfortable with sharing with others. You agree that if you opt in to allow MYLE to access any content that you have posted to a third party website, such content will be treated as Member Content that you have posted and/or transmitted on the Site or through the Service under the terms of these Terms. By posting Member Content to any part of the Site or opting in to allow MYLE any access to any content that you have posted to a third party site, you agree that MYLE is free to use the Member Content in connection with providing the Site and/or the Service, and you represent and warrant that you own or otherwise have the right to grant the licenses to MYLE set forth in this section. You hereby grant to MYLE an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense through multiple tiers of sublicensees) to link to, utilize, use, copy, publicly perform, publicly display, modify, reformat, translate, excerpt (in whole or in part), prepare derivative works of, incorporate into other works and distribute your Member Content, provided that any personal information contained in such Member Content will be collected, used and disclosed in accordance with MYLE’ Privacy Policy. You further agree that portions of your Member Content may be incorporated into the results pages (“SmartResults”) of other Service members and that MYLE may incorporate Third Party Content (as defined below), including, advertising and sponsorships, on, in and/or around your personal page and/or Member Content. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO MYLE, SUCH AS YOUR MEMBER CONTENT. You further agree that you will not upload, post or otherwise make available or provide access to on or through this Site and/or the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Member Content that you post or otherwise make available or provide access to on or through this Site and/or the Service. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Member Content posted by or otherwise made available by or accessed through you on or through this Site and/or the Service.

Member Conduct

You understand that the Service is available for your personal use only. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service for any other purpose. You further agree that you may not use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair Web site. In addition, you agree not to use the Service or the Web site to: upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another; use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or the Web site.

Member Conduct

You represent, warrant and covenant that no Member Content that you post to the Site or provide access to or transmit through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, contract or any other rights of any person or entity; or contain libellous, defamatory or otherwise unlawful material. You further agree when posting or accessing Member Content or otherwise using the Site and/or the Service that you will not do any of the following: (a) harvest or collect email addresses or other contact information of members from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (b) use automated scripts to collect information from the Service for any other purpose; (c) use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site and/or the Service; (d) use the Site and/or the Service to upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, tortuous, defamatory, libellous, disparaging, harassing, vulgar, obscene, pornographic, hateful, or racially, ethnically, promotes, furthers or incites violence, terrorism or illegal acts, or is otherwise objectionable (as determined by MYLE in its sole discretion); (e) impersonate any person or entity (including any MYLE personnel), or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) defame, abuse, intimidate, harass or stalk or otherwise violate the legal rights (such as privacy and publicity) of others; (i) solicit or use, or attempt to solicit or use, another member’s account information or password or create a false identity on the Service and/or the Site; or (j) post any copyrighted or trademarked materials without the express written permission of the owner. The foregoing list of prohibitions provides examples and is not complete or exclusive. You understand and agree that MYLE reserves the right to (a) terminate your access to your account, your ability to post to this Site and/or the Service and (b) refuse, delete or remove, move or edit the content, in whole or in part, any Member Content; with or without cause and with or without notice, for any reason or no reason, or for any action that MYLE determines is inappropriate or disruptive to this Site and/or the Service or to any other user of this Site and/or the Service. MYLE may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at MYLE’ discretion, MYLE will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. MYLE does not and cannot review all Member Content posted to the Site and/or accessed through or transmitted through the Service. These prohibitions do not require MYLE to police or remove any Member Content or other information posted, submitted, transmitted or accessed by you or any other user.

Modifications and Interruption to Service

Member acknowledges and accepts that MYLE does not guarantee continuous, uninterrupted or secure access to the Site and/or the Service and operation of the Site and/or the Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third Party Content

Certain information and content that is not Member Content may be provided by third party licensors to MYLE (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer and/or personal mobile device solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. MYLE DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Disclaimer of Warranties.

Your use of this Site and/or the Service is at your own risk. Neither the Materials, Member Content nor the Third Party Content have been verified or authenticated in whole or in part by MYLE, and they may include inaccuracies or typographical or other errors. MYLE does not warrant the accuracy, timeliness, availability or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site and/or accessed through the Service or in the Materials, Member Content or Third Party Content. MYLE has no liability for any errors or omissions in the Materials, Member Content and/or the Third Party Content, whether provided by MYLE or our licensors. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, SERVICE, SOFTWARE, MATERIALS, MEMBER CONTENT AND THIRD PARTY CONTENT AND ANY OTHER INFORMATION OR MATERIAL CONTAINED ON OR PRESENTED ON THIS SITE OR THROUGH THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “WHERE-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE SITE, SERVICE, SOFTWARE, MATERIALS, MEMBER CONTENT AND THIRD PARTY CONTENT RELATING TO QUALITY, SUITABILITY, CORRECTNESS, TRUTH, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR ANY OTHER INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR ACCESSED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MYLE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR MEMBER OF THE SERVICE. MYLE ASSUMES 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, USER OR MEMBER COMMUNICATIONS. MYLE SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE SITE AND/OR THE SERVICE. MYLE IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS AND/OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE OR ANY COMBINATION THEREOF.

Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable provincial, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, province, national, or international law or regulation.

Limitation of Liability

MYLE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR DISPLAYING, COPYING OR DOWNLOADING ANY MATERIALS, CONTENT OR INFORMATION TO OR FROM THIS SITE. IN NO EVENT SHALL MYLE BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE) ARISING OUT OF OR RELATED TO THIS SITE AND/OR THE SERVICE OR THE INFORMATION CONTAINED ON THE SITE OR ACCESSED THROUGH THE SERVICE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MYLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

Member agrees to indemnify and hold MYLE, its parents, subsidiaries, affiliates, officers and employees, harmless from and against any and all costs, damages, liabilities and expenses (including reasonable attorneys’ fees and costs of defence) MYLE or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand made by any third party due to or arising out of Member’s use of the Site and/or the Service, or the use of the Site and/or the Service by any person using your account, user name and/or password, the violation of these Terms, or infringement of any materials and/or content posted by Member, or any person using your account, name and/or password, of any intellectual property or any other proprietary right of any third party or any applicable local, province, federal or international law, rule or regulation.

Binding Arbitration

If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this agreement, the Parties agree to resolve the dispute by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. The parties agree that the Canadian Arbitration Association Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Calgary and shall proceed in accordance with the provisions of the Arbitration Act Alberta. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any and all applicable laws. Member may not use the Site and/or the Service in any way that violates applicable provincial, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, provincial, national, or international law or regulation.

Copyright and Trademark Information

Unless otherwise specified in these Terms, all content included or available on this Site and/or the Service, including documents, services, site design, text, graphics, logos, images, icons, interfaces, and the selection and arrangements thereof, are the sole property of MYLE Electronics Corp., 2016. All rights not expressly granted herein are reserved. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the copyright owner is strictly prohibited. Member agrees not to use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of MYLE. getMYLE.com, are proprietary marks of MYLE Electronics Corp. These marks may not be used in connection with any product or service that is not provided by MYLE, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MYLE or the Service. All other trademarks displayed on the Site and/or in the Service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of the owners of those trademarks. In addition, use of such trademarks do not imply, directly or indirectly, MYLE’ endorsement or affiliation with such trademark owners.

Other Terms

The laws of the Province of Alberta and Canadian federal law, without regard to principles of conflict of laws, will govern these Terms. If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. There Terms, and any other agreements referenced herein, may be assigned by MYLE, in our sole discretion, to a third party in the event of a merger, acquisition or sale of all or substantially all of the assets to which these Terms relate. The Terms are the entire agreement between you and MYLE and supersede all prior or contemporaneous negotiations, discussions or agreements, oral or written, between you and MYLE about the subject matter hereof. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. The failure of MYLE to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

TERMS AND CONDITIONS

Personal Use Only. You agree to use the Software and Data together with MYLE solely for the personal or internal business purpose for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs. You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of the Software or Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws. Except where you have been specifically licensed to do so by MYLE. No Warranty. The Software and Data are provided to you “as is,” and you agree to use it at your own risk. MYLE and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from the Software or Data, or that the Software, Data or server will be uninterrupted or error-free. Disclaimer of Warranty: MYLE AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some Provinces, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you. Disclaimer of Liability: MYLE AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE SOFTWARE, DATA OR RELATED INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, DATA OR RELATED INFORMATION, ANY DEFECT IN THE SOFTWARE, DATA OR RELATED INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF [CLIENT] OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some Provinces, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you. Export Control. You agree not to export from anywhere any part of the Software or Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. Entire Agreement. These terms and conditions constitute the entire agreement between MYLE (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter. Governing Law. The above terms and conditions shall be governed by the laws of the Province of Alberta, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the Province of Alberta for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.

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