Incorporation of Related Terms
These Terms incorporate and supplement the Apple, Inc. (“Apple”) Terms and Conditions (available at www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Agreement therein.
Should any provisions in Apple’s terms, conditions, or other policies conflict with these Terms, these Terms will control, solely to the extent such provisions apply to Vest.
Subject to these Terms, Fasterre grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use Vest for personal use only on Apple iOS devices (e.g. iPhone, iPad) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of Vest in any other manner, including, without limitation, resale, transfer, modification or distribution of Vest or text, pictures, video, data, hyperlinks, displays, and other content associated with Vest (“Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, Vest unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Use of Vest is limited to the contemplated functionality. The Application shall not be used in any way that,
1. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
2. is unlawful, fraudulent, or deceptive;
3. encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
4. violates these Terms in any manner; or
5. fails to comply with applicable third-party terms and conditions or other third-party policies.
Fasterre reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of Vest, that Fasterre reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
User agrees to indemnify and hold harmless Fasterre, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing Vest, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of Vest, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. Fasterre reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
FASTERRE IS PROVIDING VEST AND CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING VEST AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, FASTERRE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT VEST IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF VEST BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH VEST WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
Limitation of Liability
IN NO EVENT SHALL FASTERRE, OR ITS LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OR IN CONNECTION WITH THESE TERMS, IRRESPECTIVE OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION) OR PRODUCT LIABILITY, EVEN IF FASTERRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL FASTERRE’S CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED FIFTY DOLLARS (US$50).
Fasterre or its licensors retain ownership of all proprietary rights in or associated with Vest and these proprietary rights are protected by Canadian and international copyright and other intellectual property laws and international trade provisions. You acknowledge that Vest may contain unpublished information and embody valuable trade secrets proprietary to Fasterre and/or its licensors. Fasterre and/or its licensors reserve all rights in Vest not expressly granted herein. The license granted hereunder and Your right to use Vest terminate automatically if You violate any part of the Terms.
Choice of Law, Jurisdiction
These Terms are governed by the laws of the province of Quebec, Canada. User irrevocably consents to the exclusive jurisdiction of the provincial courts in Montreal, Quebec, Canada and the federal courts in the province of Quebec, Canada, for purposes of any legal action arising out of or related to the use of Vest or these Terms.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Fasterre to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
Modification of these Terms
Fasterre reserves the right to change or modify these Terms at any time and at its sole discretion by posting revisions on the Fasterre website (www.fasterre.com). Continued use of Vest following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of Fasterre shall have any legal effect as a waiver by Fasterre of these Terms.
Third Party Beneficiary
User agrees that Fasterre’s service providers, licensors, or others involved in creating or providing Vest are third party beneficiaries to these Terms and may rely upon the provisions of these Terms, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
If you have any questions regarding these Terms, you can email us at firstname.lastname@example.org.
© 2016 Fasterre