Terms Of Use
These Terms were last modified on August, 2020.
The following are the terms and conditions ("Terms") for the use of the AWE Contracts Inc. website ("Site"), Services, and related material and “we”, “us” and “our” refer to AWE Contracts Inc. and the terms “you” or “your” refer to any individual user of our Site.
General
It is your responsibility to carefully read these Terms prior to using our Site or purchasing or accessing any of our services, products, content or material. With each visit to the Site you signify your agreement to these legally binding Terms.
We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. Your continued use of or access to the Site and/or services affirms your acceptance of any changes to our Terms.
AWE Contracts Inc. owns the AWE Contracts trade name, brand and trademark and Site. AWE Contracts Inc. “Material” is defined as any intellectual property, legal materials, documents, contract templates, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by AWE Contracts Inc. or the Site, including any portion thereof.
AWE Contracts Inc. “Services” is defined as any AWE Contracts Inc. service.
If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or AWE Contracts Inc. Material.
Acknowledgement and Consent to Terms
When you accessed our Site, you were given reasonable notice that these Terms existed. By accessing and continuing to use our Site and/or Services, and by actively clicking the acknowledgement box agreeing to these Terms and our Privacy Policy, you are legally bound to these Terms and our Privacy Policy whether or not you have read them. If you do not agree with any of our Terms, please discontinue use of our Site and Services immediately.
Use of AWE Contracts Inc. Material and Services
You agree not to use any AWE Contracts Inc. Material and Services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.
You are granted a non-exclusive, revocable, worldwide license (“License”) when you pay for access to a product or Material through the Site.
Any paid License granted is subject to the Terms and entitles you to:
i. use the purchased product as specified by the Terms only.
ii. make electronic copies of each product for your personal use and/or for the operation of your business.
iii. make necessary mechanical copies (printed or photocopied) of the product(s) for your personal records and as required for completion of the specific transactions for which the products are intended.
You are NOT entitled to share or distribute your purchased product with anyone who is not a party to your contract.
AWE Contracts Inc. retains the right to cancel any sale or Site access at any time, in which case you will only be charged for the time the sale or Site access was in effect.
Your License is valid in your jurisdiction when you purchase your product or Material. You will be charged in the currency of that country.
To access products, you must provide credit card details to AWE Contracts Inc. as required by the Site. AWE Contracts Inc. will charge credit cards in accordance with displayed pricing in return for access to products and Services.
Subject to these Terms, if you are evaluating the Site strictly as a potential customer or to participate in our affiliate program, you are granted a License to evaluate the Site for that purpose only.
Legal Advice, Information and Decision-Making Responsibility
AWE Contracts Inc. is not a law firm and does not provide legal advice (as defined below). Your use of AWE Contracts Inc. Material or any AWE Contracts Inc. Services does not create a solicitor-client relationship between you and AWE Contracts Inc.
You agree that all decisions you make on legal matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue you may need assistance with.
You agree that AWE Contracts Inc. does not provide legal advice. If you receive any communication from AWE Contracts Inc., its agents, its employees or any other associated entity, which is legal advice, you agree that it is NOT a communication authorized by AWE Contracts Inc. and you agree to immediately delete and disregard it.
Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of AWE Contracts Inc.’s Material, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any AWE Contracts Inc. Material.
For the purposes of these Terms, “legal advice” is defined to include the following:
- any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney;
- advice on which legal document or documents you need or are best for your situation;
- determining the legal consequences that will or could result from how you have created your legal document;
- whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;
- whether you have omitted any necessary provisions or details from your legal documents; and
- whether you require any additional legal documents or legal procedures.
Programs
AWE Contracts Inc. retains the right to implement and make changes to its affiliate program or other programs as it sees fit.
Prohibited Behaviour
By using our Site, you agree not to misuse or tamper with our Site or Services, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.
License Restrictions
To the maximum extent allowable under applicable law, except as explicitly identified in these Terms, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an internet website, or use in an automated system any AWE Contracts Inc. Material nor will you utilize AWE Contracts Inc. Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.
You agree to only use AWE Contracts Inc. Material and the Site as a customer.
Licenses granted are subject to these Terms, and are non-exclusive, non-transferable, and revocable.
The rights granted under these Terms are granted to you only.
If you are an organization, a purchase allows one individual within your organization to exercise the rights granted by these Terms. If multiple individuals within your organization require access, there must be a purchase for each individual. The appointed individual may not be changed.
AWE Contracts Inc. retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or AWE Contracts Inc. Material or AWE Contracts Inc. Services at its discretion.
Assignment
This agreement cannot be assigned.
Intellectual Property
All copyright, trademarks, and other intellectual property rights (registered and unregistered) of AWE Contracts Inc. Material belong to AWE Contracts Inc. AWE Contracts Inc. reserves all of its rights in the AWE Contracts Inc. Material. Nothing in the Terms grants you a right or license to use any intellectual property rights owned or controlled by AWE Contracts Inc. or any other third party except as expressly provided in these Terms.
AWE Contracts Inc. Material, contains information and intellectual property that is selected and organized by AWE Contracts Inc. and represents significant work made by AWE Contracts Inc. Nothing in the Terms should be construed as granting any license or right to use any AWE Contracts Inc. Material or intellectual property displayed or used in any AWE Contracts Inc. Material or on the Site except as expressly provided in the Terms.
You agree to the following:
- AWE Contracts Inc. Material is the property of AWE Contracts Inc.;
- you will not use the AWE Contracts Inc. Material for any purpose other than is expressly permitted in these Terms;
- you will not distribute in any medium any AWE Contracts Inc. Material without AWE Contracts Inc. prior written authorization or as expressly provided these Terms;
- any distribution or past distribution of any AWE Contracts Inc. Material that violates these Terms is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each page of any website which uses AWE Contracts Inc. Material being a separate work under the Copyright Act and each access of a page of a website by a customer being a separate publication of a work.
Warranties
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, AWE Contracts Inc. Material and Services are provided "as is" without any kind of warranty, express or implied.
You accept full responsibility for determining whether AWE Contracts Inc. Material and AWE Contracts Inc. Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages. AWE Contracts Inc. does not represent or warrant that AWE Contracts Inc. Material, the Site or any linked sites are free of any harmful materials.
AWE Contracts Inc. does not authenticate users' signatures or identities.
Release, Indemnity and Waiver
You agree to indemnify release and save harmless AWE Contracts Inc. and its agents, employees, contractors, volunteers, heirs, executors, administrators, successors, and assigns (collectively, “Released Parties”) for any direct or indirect loss, damage, injury, claim, liability, or consequential damage incurred as a result of your use of our Site, Materials, Services or any related communications, including as a result of any consequences incurred from technological failures such as a payment processor errors or technological malfunctions. You further waive any right you may have against the Released Parties and any legal recourse for any damages, costs, losses or expenses you may incur as a result of your use of the Site or Services. You acknowledge this release of liability is binding on your heirs, executors and anyone else who may be able to bring a legal action on your behalf in the future. Use of AWE Contracts Inc. Material and AWE Contracts Inc. Services is at your own risk.
Limitation of Liability
Except as expressly provided in these Terms or where prohibited by law, the maximum liability of AWE Contracts Inc. is the amount paid to AWE Contracts Inc. by the customer. However, where AWE Contracts Inc. has provided a Service, the maximum liability of AWE Contracts Inc. for any AWE Contracts Inc. Services is the portion of the amount paid to AWE Contracts Inc. by the customer specifically for the AWE Contracts Inc. Services as calculated by AWE Contracts Inc.
Refunds
There are no refunds. AWE Contracts Inc. has no obligation to refund any purchased product, Material or Service and may decide to do so in its sole discretion and on a case-by-case basis.
No Chargebacks
You acknowledge and agree that these Terms supersede the terms of use and refund policies of any third-party payment processor or platform used by us to administer the Services and Material. You further agree to be responsible for any fees, including legal fees, incurred by us as a result of recouping payments owing to us as a result of your initiation of any chargeback.
Client Privacy
You consent to AWE Contracts Inc. using your personal information according to its Privacy Policy that can be found at https://www.awecontracts.com/policies/privacy-policy
Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site and Services without notice, and if necessary, block your IP address from further visits to our Site.
Governing Law
Except where prohibited by law, the Terms are governed by the laws of the Province of Ontario, Canada. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Toronto, Ontario, Canada.
Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Survival
These Terms shall survive and will continue to be in full force and effect notwithstanding your decision to discontinue your use of our Site.
Waiver of Breach
The waiver by us of any breach of these Terms by you will not be taken to be a waiver of any of your future breaches. We reserve the right to exercise or enforce our rights at a later date.
Dispute Resolution
Subject to exceptions specified herein, if you and AWE Contracts Inc. are unable to resolve any dispute related to these Terms by informal negotiations, then any resolution of this dispute will be conducted by mediation prior to pursuing any other available remedy in relation to the dispute. The Parties may agree to virtual mediation, when available.
Entire Agreement
Except as explicitly set forth in this agreement, these Terms, the pricing displayed on the Site, and the Site's Disclaimer, and our Privacy Policy constitute the whole agreement between you and AWE Contracts Inc. notwithstanding any:
- AWE Contracts Inc. Material other than this Agreement,
- communication between you and AWE Contracts Inc., including telephone, email and online chat assistance, or
- announcements, newsletters or promotional materials from AWE Contracts Inc.
All Rights Reserved
All rights not expressly set out and granted in these Terms and/or our Privacy Policy are reserved by AWE Contracts Inc.
Contact
If you have any questions about these Terms, please send an email to: hello@awecontracts.com