1. Acceptance of Terms of Service Agreement
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE
BOUND BY THIS TERMS OF SERVICE AGREEMENT.
2. Registration Information
User agrees that flairmail may disclose to third parties certain aggregate information contained in Users' registration applications.
flairmail will not disclose any individual User's name, address, e-mail address or telephone number without such User's prior
written consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such
information is relevant. flairmail reserves the right to terminate any User's account if flairmail learns that such User has
provided flairmail false or misleading registration information.
3. Modifications of these Terms of Service Agreement
flairmail may modify this Terms of Service Agreement from time to time in its sole discretion. flairmail will provide Users
with reasonable notice of any such changes, and continued use of flairmail will be conditioned upon each User's affirmative
acceptance of any such changes.
4. Modifications of flairmail
flairmail may modify or discontinue flairmail (or User's account) with or without notice to any User, without liability to any User
or any third party.
5. Contents of Messages
flairmail does not, and cannot, monitor, censor or edit the contents of Users' e-mail messages. Users alone are responsible for the
contents of their messages, and the consequences of any such messages. User agrees that it will not use flairmail for chain letters,
junk mail, "spamming", solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given
specific permission to be included in such a process. User further agrees not to use flairmail to send any messages or material that
are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or
nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any
applicable local, provincial, national or international law or regulation.
flairmail reserves the right to terminate any User's account if it becomes aware and determines, in its sole discretion, that such
User is violating any of the foregoing guidelines. It is flairmail's policy to respect the privacy of its Users.
6. Account and Password
User is responsible for maintaining the confidentiality of its account number and password. User shall be responsible for all uses of
its account, whether or not authorized by User. User agrees to immediately notify flairmail of any unauthorized use of its
account.
7. Disclaimer of Warranties
USER EXPRESSLY AGREES THAT USE OF FLAIRMAIL IS AT USER'S SOLE RISK. FLAIRMAIL IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS.
FLAIRMAIL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
FLAIRMAIL MAKES NO WARRANTY THAT FLAIRMAIL WILL MEET USER'S REQUIREMENTS, OR THAT FLAIRMAIL WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FLAIRMAIL MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FLAIRMAIL OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH FLAIRMAIL.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF FLAIRMAIL IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
FLAIRMAIL MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
FLAIRMAIL OR ANY TRANSACTIONS ENTERED INTO THROUGH FLAIRMAIL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM FLAIRMAIL
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. Limitation of Liability
FLAIRMAIL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE FLAIRMAIL OR FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH FLAIRMAIL OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF FLAIRMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
9. E-mail Message Storage
flairmail assumes no responsibility for the deletion or failure to store e-mail messages.
10. Promotional Messages
flairmail and/or third parties may, from time to time, send e-mail messages to Users containing advertisements, promotions, etc.
flairmail makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained
from such third parties, and User agrees that flairmail shall not have any liability with respect thereto.
11. Indemnification
User agrees to indemnify and hold flairmail, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of flairmail, the violation
of this Terms of Service Agreement by User, or the infringement by User, or any other user of User's account, of any intellectual
property or other right of any person or entity.
12. Applicable Law
This Terms of Service shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without giving effect
to its conflict of laws provisions.
