End User License Agreement
SCOPE
This End User License Agreement (“Agreement”) sets forth the legal contract between Intuitive Shipping, Inc. (“Intuitive Shipping,”, “Licensor” “we,” “us,” or “our”) and you as an end user of Intuitive Shipping’s services (“Licensee”, “You” and “Your”) with respect to access to and use of Intuitive Shipping’s products and services (the “Services”), and any associated materials or documentation or content therein (“Materials”) made available through the Services.
This Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of the terms of this Agreement. To the extent any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.
LICENSOR PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT LICENSEE ACCEPTS AND COMPLIES WITH THEM. BY CLICKING THE "ACCEPT" BUTTON/CHECKING THE "ACCEPT" BOX, YOU: (A) ACCEPT THIS AGREEMENT AND AGREE THAT LICENSEE IS LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF LICENSEE IS A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF LICENSEE AND BIND LICENSEE TO ITS TERMS. IF LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, LICENSOR WILL NOT AND DOES NOT LICENCE THE SOFTWARE TO LICENSEE AND YOU MUST NOT DOWNLOAD/INSTALL THE SOFTWARE OR DOCUMENTATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR YOUR OR LICENSEE'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, NO LICENCE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION OR OTHERWISE) UNDER THIS AGREEMENT, AND THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHT CONCERNING ANY SOFTWARE THAT LICENSEE DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF LICENSOR'S SOFTWARE.
1. General Conditions
Please carefully read this Agreement before using our Services. By using our Services, You agree to be bound by the Agreement including the Binding Arbitration Clause and Class Action Waiver described herein. If You do not agree to the terms of this Agreement, then You must not use our Services. If You violate the Agreement, we reserve the right to deny You access to our Services, together with any and all other legal remedies. The headings used herein are included for convenience only and will not limit or otherwise affect this Agreement.
2. Use of the Services and Content
2.1. General
2.1.1. Subject to and conditioned on Your payment of fees and compliance with this Agreement, Intuitive Shipping grants You a non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services and content solely for Your personal or internal use during the subscription term.
2.1.2. We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades. We will endeavor to provide notice before any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
2.1.3 We cannot guarantee that the Services will be continuously available as the Services may be inaccessible from time to time due to either (a) scheduled outage for services upgrades and/or maintenance; and/or (b) any circumstances which are beyond our control such as technical failures.
2.2. Connectivity. You are responsible for obtaining and maintaining, at Your sole expense, all hardware, software, equipment, devices, and services that You require to access and use the Services. We are not responsible for and have no liability with respect to the selection, purchase, maintenance, or proper functioning of any such hardware, software, equipment, devices, and services.
2.3 Acceptable Use
2.3.1. Prohibited Uses. In addition to other prohibitions as set forth herein, You are prohibited from using the Services or content to: (a) transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (b) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (c) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (d) use a buying agent or purchasing agent to make purchases on the website; (e) advertise or offer to sell goods and services; (f) engage in unauthorized framing of or linking to the Services; (g) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (h) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services; (i) sell or otherwise transfer Your profile; (j) use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise; (k) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (l) copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (m) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (n) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (o) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; or (p) in any way that may be deemed a breach or violation of any terms of this Agreement or Website Privacy Policy. We reserve the right to terminate Your use of the Services or any related website for violating any of the prohibited uses. Licensee is responsible and liable for all uses of the software and Materials through access thereto provided by Licensee, directly or indirectly.
2.3.2. Account Access. You are responsible and liable for all uses of the Services and content through access thereto provided by You, directly or indirectly. You must notify us immediately if You become aware that Your account is being used without authorization.
2.3.3. End User Activities. You are responsible for ensuring that Your end users comply with this Agreement. You are responsible for the acts of Your end users and any activity occurring in Your end users’ accounts (other than activity that Intuitive Shipping is directly responsible for which is not performed in accordance with Your instructions).
3. Intellectual Property
All Materials available through the Services, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement, is either the proprietary property of us, our affiliates, or licensors and is protected by Canadian and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except You may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that You keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any database or other compilation. Any other use of the Materials is strictly prohibited. You further agree that You will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or Information.
All registered and unregistered trademarks visible or accessible through our Services are trademarks of Intuitive Shipping, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of Intuitive Shipping, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in part without prior written permission of us.
4. Fees and Payment Terms
4.1. Intuitive Shipping offers a free trial on some Services. If You remain enrolled in the Services beyond the trial period, you will be charged for the fees for the Services. By enrolling in our Services, You agree to pay all fees for the Services after the free trial period ends. For Services without a trial period, you will be charged for the fees for the Services starting immediately.
4.2. In order to use Intuitive Shipping, you must select a billing plan. Our billing plans include a pre-determined number of orders and/or allowable billing amount per billing cycle depending on the billing plan you select. If you exceed the limits of your billing plan in any billing cycle, the Services will be temporarily suspended until the earlier of you (i) updating your billing plan or (ii) the next billing cycle. Intuitive Shipping will have no liability for any such temporary suspensions.
4.3. Intuitive Shipping retains the right to change the published pricing with reasonable, prior written notice to users. All amounts are stated, billed, and collected in US dollars. All fees paid are non-refundable.
4.4. We reserve the right to change the fees we charge. We will provide notice by email at least thirty (30) calendar days prior to these changes taking effect if these changes apply to the cost of your plan with us.
4.5 Along with fees, we will collect from you all taxes, duties, or other governmental fees which we are required by law or statute to collect. We have the right to adjust the amount charged to you for such fees without prior notice to ensure compliance with our obligations under relevant laws or statutes.
5. Term and Termination
5.1. Term. This Agreement commences on the date when You first access the Services and continues in full force and effect until (i) You uninstall the Services or (ii) this Agreement is terminated in accordance with this section.
5.2. Termination. You may terminate this Agreement without cause at any time by uninstalling the Services. In addition to any other remedies available to us, we may terminate Your access to the Services with immediate effect if You are in material breach of any obligation in this Agreement. We also reserve the right to terminate or suspend Your access to the Services where deemed reasonably necessary by us in our sole and absolute discretion and without notice.
5.3. Effect of Termination. Upon termination or expiration of this Agreement for any reason, Your access rights granted hereunder shall also terminate, and You shall cease using the Services and Materials. All fees paid are non-refundable and You will be responsible to pay the full remainder of the billing plan you selected for the billing cycle during which the Services were terminated or expired.
5.4 Upon expiration or earlier termination of this Agreement, the licence granted hereunder shall also terminate, and Licensee shall cease using and destroy all copies of the software and Materials, and permanently erase or cause to be erased from its and its authorized users' computer systems, files, and storage media all copies of the software and Materials of Licensor obtained, made, or authorized to be made by Licensee or on Licensee's behalf. No expiration or termination shall affect Licensee's obligation to pay all fees and payments due and owing under this Agreement that may have become due before such expiration or termination.
6. Support and White-Glove Service
6.1. Intuitive Shipping offers white-glove services for a fee as part of the Services. You are fully responsible for testing the white glove configuration before enabling the Services. Intuitive Shipping will have no liability with respect to any white glove configurations.
6.2. Intuitive Shipping reserves the right to terminate Your access to the Services immediately for any abuse of Intuitive Shipping support staff.
7. Accuracy, Completeness and Timeliness of Information
7.1. Errors, Inaccuracies, & Omissions. Our Services may contain typographical errors, inaccuracies, or omissions that may relate to our offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility placed on such information by You, or by anyone who may be informed of any of its contents. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about our offerings, promotions, packages, programs, events, or materials in the Services or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order, request, submission, payment, form, etc.). We do not take on any obligation to update, amend, or clarify information on the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law. No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
You maintain all responsibility for determining whether the Services or the information generated thereby is accurate or sufficient for its purposes whilst using the software or the Materials.
7.2. Links to the Services. You may not create a link to any page of our Services without our prior written consent. If You do create a link to a page of our Services, You do so at Your own risk and the exclusions and limitations set out above will apply to Your use of our Services by linking to them.
7.3. Links in the Services. Our Services might include links to other websites, mobile applications, or social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms. Please review carefully other party’s website’s policies and practices and make sure You understand them before You engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
8. Confidentiality
You may use Our Confidential Information only in connection with Your use of the Services as permitted under this Agreement. You will not disclose Our Confidential Information during the subscription term or at any time during the five (5) year period following the end of the subscription term. You will take all measures to avoid disclosure, dissemination, or unauthorized use of Our Confidential Information that You take to protect Your own confidential information of a similar nature, but in no event less than reasonable measures. You will not issue any press release or make any other public communication with respect to this Agreement or Your use of the Services. You shall implement and maintain administrative, physical, and technical safeguards based upon risk assessment for the protection of the security, confidentiality, and integrity of Our Confidential Information, as required by applicable laws. Your security measures must be designed to protect Our Confidential Information from and against accidental or unlawful destruction, loss, alteration, or authorized disclosure or access. “Our Confidential Information” means all non-public information disclosed by us that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential and: (a) non-public information relating to our technology, services, business plans, promotional and marketing activities, finances and other business affairs, and customers; and (b) third-party information that we are obligated to keep confidential. Our Confidential Information does not include any information that: (i) is or becomes publicly available without Your breach of this Agreement; (ii) can be shown by documentation to have been known to You at the time of Your receipt from us; (iii) was or becomes available to You on a non-confidential basis from a source other than us, if such source has the right to disseminate such information on a non-confidential basis; or (iv) can be shown by documentation to have been independently developed by You without the use of Our Confidential Information.
9. Your Warranties
You warrant and represent that:
9.1. All information You provide to us as part of Your account registration is true, accurate, current, and complete, and You agree to maintain and promptly update such information to keep it true, accurate, current, and complete;
9.2. Any and all data supplied by You or otherwise accessed by us through the provision of the Services (“Customer Data”) is the sole and exclusive property of You or that You have secured any and all authorizations and rights to use the data as applicable;
9.3. You own or otherwise have and will have the necessary rights and consents in and relating to any information You provide to or make accessible to us (including personally identifiable information), including by presenting, complying with, and enforcing all appropriate disclosure and notice requirements at the point of collection of information, so that, as accessed, received, and processed by us in accordance with this Agreement, the information does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights or any privacy or other rights of any third party or violate any applicable national or state laws;
9.4. To the extent applicable law requires, You will notify Your customers that You are using Intuitive Shipping as a service provider and that Intuitive Shipping may process personal information on Your behalf; and
9.5. The Customer Data does not infringe the intellectual property rights of any third party.
10. Intuitive Shipping Warranties; Disclaimers; Limitation of Liability.
Our Services, Materials and the information on or available through our Services, is provided on an “as is” basis without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of our Services, will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. We do not guarantee that you agree that from time to time we may remove the Services for indefinite periods of time or cancel them at any time without notice to you. To the fullest extent permitted by law, we exclude all representations and warranties relating to our Services, or related content, for which is or may be provided by any affiliates or any other third party, including without limitation outages caused by third-party providers such as carrier services, and including in relation to any inaccuracies or omissions in our Services and/or our literature. In no case shall we, our employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, damage caused to your computer, computer software, systems and programs and the data thereon, replacement costs, hacking or breaches in system security, or any similar damages, whether based in contract, tort, strict liability or otherwise arising from your use of the Services or in any way related to the Services, including but not limited to any errors or omissions in any use of the Services or any content or product posted, transmitted, or otherwise made available. In any event, the collective aggregate liability of us and our affiliates and our service providers to you or any third-party under or in connection with this Agreement or its subject matter, under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, SHALL NOT exceed the total amount paid to the Licensor for the past twelve (12) months that is subject to the claim under this Agreement The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
11. Indemnification
To the fullest extent permitted by applicable law, and except to the extent arising from our gross negligence or intentional misconduct, You agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of Your breach of this Agreement or the documents they incorporate by reference, or Your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
12. Children’s Information
Our Services, including our website are intended only for users over the age of eighteen (18). We do not target our Services to minors who are under thirteen (13) (or a higher age threshold where applicable). You agree that You are not under thirteen (13) years of age. We do not intend to collect or process any information from anyone under the age of thirteen (13). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with information, we will take steps to comply with any applicable legal requirement to remove such information. Contact us if You believe that we have mistakenly or unintentionally collected information from a person under the age of thirteen (13).
13. Governing Law
This Agreement and any separate agreements whereby we provide You access to the Services shall be governed and construed in accordance with the laws of the Province of Ontario, Canada without reference to any conflict of law rules. You agree that You will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
14. Arbitration Clause and Class Action Waiver
14.1. Arbitration Notice. You and Intuitive Shipping agree that if there is any dispute or claim arising from or related to our Services and/or this Agreement will be resolved by confidential binding arbitration in St. Catharines, Ontario, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to Intuitive Shipping should be sent to:
Intuitive Shipping Inc.
261 Martindale Road, Unit 9
St. Catharines, ON L2W 1A2
Canada
This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
If You and Intuitive Shipping are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, You or Intuitive Shipping may initiate arbitration proceedings.
Any controversy, dispute, disagreement, or claim arising out of, relating to or in connection with this Agreement or any breach thereof, including any question regarding its existence, validity, or termination, shall be finally and conclusively resolved by arbitration and subject to arbitration pursuant to the Arbitration Act, 1991 (Ontario) as provided in this Section and the decision shall be final and binding as among the parties hereto and shall not be subject to appeal. The following provisions shall govern any arbitration hereunder:
(a) The legal seat of arbitration shall be Toronto, Ontario, Canada, and the single arbitrator or the chairman shall fix the time and place in the City of Toronto for the purpose of hearing such evidence and representations as the parties may present and, subject to the provisions hereof, the decision of the single arbitrator in writing shall be binding upon the parties both in respect of procedure and the conduct of the parties during the proceedings and the final determination of the issues. Said arbitrator shall, after hearing any evidence and representations that the parties may submit, make their decisions and reduce the same to writing and deliver one (1) copy thereof to each of the parties hereto. The arbitrator may determine any matters of procedure for the arbitration not specified herein.
(b) There shall be one arbitrator agreed to by the Parties within twenty (20) days of receipt by the respondent of the request for arbitration or in default thereof appointed by the local Court pursuant to the Arbitration Act, 1991 (Ontario).
(c) The language of the arbitration, including the hearings, documentation, and award, shall be English.
(d) The Parties shall equally share the fees of the arbitrator and the facility fees.
(e) The cost of the arbitration shall be borne by the parties hereto as may be specified in such determination.
(f) Any decision of the arbitrator shall be final and binding on the Parties and their respective successors and assigns and there shall be no right to appeal such decision, whether on a question of law, a question of fact, or a mixed question of fact and law.
(g) The arbitration shall be conducted in accordance with the laws of Ontario and the applicable federal laws of Canada, as applicable.
(h) The arbitration procedures, hearings, documents, and award shall remain strictly confidential between the parties.
(i) Submission to arbitration pursuant to the provisions of this Section shall be a condition precedent to the bringing of any legal action with respect to this Agreement.
Class Action Waiver: You And Intuitive Shipping Agree That Disputes Between You And Us Will Be Resolved By Binding, Individual Arbitration And You Waive Your Right To Participate In A Class Action Lawsuit Or Class-Wide Arbitration. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
14.2. Claims and Disputes Must be Filed Within One Year. To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim You may have with respect to Your use of the Services, including, without limitation, any website or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to You and Your heirs, successors, and assigns.
15. Severability
To the extent that any provision of this Agreement is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.
16. No Third-Party Beneficiaries
There are no third-party beneficiaries to this Agreement. We shall have the right to assign our rights or delegate any of its responsibilities under this Agreement to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
17. Data Processing Agreement
Refer to Data Processing Agreement (DPA) for details.
18. Amendments
We reserve the right to change, modify, or amend this Agreement at any time to reflect changes in our practices and service offerings. If we modify this Agreement, such changes will be effective upon posting. It is Your obligation to check our current Agreement for any changes. This Agreement may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.
19. Export Regulation
The software and Materials may be subject to Canadian export control laws. The Licensee shall not, directly or indirectly, export, re-export, or release the software or Materials to, or make the software or Materials accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule, or regulation. The Licensee shall comply with all applicable federal laws, regulations, and rules and complete all required undertakings (including obtaining any necessary export licence or other governmental approval), before exporting, re-exporting, releasing, or otherwise making the software or Materials available outside Canada.
20. Restricted Business List
Use of or access to the Services is prohibited if you or any other end-user who is your customer or representative or anyone whose personal data is being processed by Intuitive Shipping as part of the Services provided to you are: (i) located or having activities in any country which is embargoed, sanctioned or prohibited by any government including namely but not exclusively, those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC), the European Union Sanctions Map, the Hong Kong Commerce, Industry and Tourism Branch and the Monetary Authority of Singapore (MAS), (ii) listed on any government list of prohibited or restricted persons (collectively, “Sanctions List”) and/or (iii) having any dealings, engagement, or sales of goods or services in direct or indirect connection with the Sanctions List.
21. Force Majeure
Licensor will not be responsible or liable to Licensee, or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to strikes, labour disputes, civil disturbances, riot, rebellion, invasion, hostilities, war, terrorist attack, embargo, natural disaster, epidemics, pandemics, acts of God, flood, tsunami, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning or Licensee equipment, loss and destruction of property, or any other circumstances or causes beyond Licensor's reasonable control.
22. Contact
If You have any questions about this Agreement, please send us an email at privacy@intuitiveshipping.com or write us at:
Intuitive Shipping Inc.
261 Martindale Road, Unit 9
St. Catharines, ON L2W 1A2
Canada