Terms Of Service
Terms Of Service
Terms Of Service
Terms Of Service
EFFECTIVE DATE: DECEMBER 26, 2022
LAST REVISED: OCTOBER 21, 2024
1. Terms of Service Agreement: The following Terms of Service ("Terms")
represent a legal agreement between you (either as an individual or on behalf
of an entity) and NetNow Financial Inc., also known as NetNow ("NetNow",
"we", "us", "our"). This agreement outlines the conditions under which you can
access and use the services provided on the NetNow website at
https://netnow.io ("Site"), as well as any other online or offline platforms
referencing these Terms, and their related content and features, including but
not limited to NetNow Financial INC ("NetNow Financial INC") – collectively
referred to as the "Service".
Before using the Service, please review these Terms thoroughly. By accessing
the Service or by selecting the accept or agree option when prompted, you
confirm your acceptance of these Terms and our Privacy Notice. If you
disagree with any part of these Terms, please refrain from using the Service
immediately.
Please note: The Service is intended for users who are at least eighteen (18)
years old. If you are below this age, you are prohibited from accessing or
using the Service.
2. Service Accessibility and Modifications: While we aim to provide
uninterrupted access to our Service, there may be times it's unavailable due to
maintenance, updates, or unforeseen interruptions. We also retain the
authority to update, alter, or restrict access to any component of the Service at
our sole discretion, potentially without prior notification. Should the Service be
unavailable for any duration or reason, we are not accountable for any
inconveniences caused.
3. Intellectual Property Provisions
(a) NetNow Content:
Our Service, encompassing its data, features, design, text, graphics, and
other elements (termed “NetNow Content”), is the exclusive property of
NetNow, its licensors, or content providers, safeguarded by U.S. and
international intellectual property laws. Do not commercially use, or make this
Service available to third parties. Unauthorized reproductions, alterations,
public displays, and distributions of the NetNow Content are prohibited. No
rights are conferred upon you beyond what is specified in these terms.
Unauthorized use may lead to service restrictions or termination. Some
NetNow Content may have additional terms, which you must adhere to.
(b) Your Content:
You can upload, post, and share content via some Service features (“Your
Content”). While you retain its ownership, NetNow needs specific permissions
to facilitate the Service. Thus, you grant NetNow a royalty-free, non-exclusive
right to use Your Content as detailed here.
You assure NetNow that:
Your Content is owned by you or you have adequate rights.
No third-party rights or confidentiality agreements are breached by Your
Content.
No laws are contravened when posting Your Content.
There are no claims, or potential claims, regarding Your Content.
NetNow can reject or remove Your Content that violates our terms. If deemed
necessary, we may restrict your access.
It's your responsibility to keep copies of Your Content. NetNow isn’t
responsible for any content losses or damages.
(c) Systems Data:
All Systems Data is NetNow’s exclusive property. We can legally use this
data, possibly in aggregate form, to enhance our services and products. Here,
"Systems Data" refers to aggregated, de-identified data related to Service
usage, including certain content aspects.
(d) Feedback:
Any feedback or ideas shared can be utilized by NetNow. Although you retain
ownership of such feedback, you grant NetNow a global, perpetual,
non-exclusive license to use and further develop this feedback.
4. Disclaimer. Please be aware that we provide the Service and all NetNow
content on an "as-is" basis, with no assurances or guarantees. The
responsibility for ensuring the service meets your expectations in terms of
quality, performance, accuracy, and effort lies entirely with you. We do not
promise or guarantee any particular outcomes, and we specifically reject any
and all representations or warranties, whether direct, indirect, or statutory.
This includes, but is not limited to, guarantees related to product quality,
suitability for a specific purpose, results, precision, completeness, and the
protection of your private information. Any obligations we might have –
including those of good faith, reasonable effort, or diligence – are hereby
disclaimed. If there is an obligation that cannot be waived, your only recourse
will be in cases where we act with deliberate misconduct. Moreover, we
cannot promise non-infringement or that your use of the Service will remain
uninterrupted. Any risks associated with the use of the Service or any NetNow
content are yours to bear.
5. Service Access and Account Safeguarding.
(a) Ensure that you: (i) arrange everything needed to access the Service, such
as your Internet connection; and (ii) inform anyone accessing the Service via
your connection about these Terms and ensure their adherence.
(b) Some Service pages can be viewed without being a registered user
(“User”). However, for full access, particularly to NetNow Financial INC
sections, User registration is mandatory. You must provide truthful, up-to-date,
and comprehensive information during registration and while using the
Service.
(c) Keep your password secret. Any activities under your account are your
responsibility. Your account is individual to you; do not share access details
with others. If there's any unauthorized activity or security breach, inform us
immediately. Always log out after using your account. We may modify a User
name you choose if we find it unsuitable or offensive at our discretion.
(d) You authorize your wireless carrier to use or disclose information about
your account and your wireless device, if available, to NetNow or its service
provider for the duration of your business relationship, solely to help them
identify you or your wireless device and to prevent fraud. See our Privacy
Policy for how we treat your data.
6. Service Information and No Advisory.
NetNow does not guarantee the information's accuracy, timeliness, or
completeness on the Service. The Service is purely informative. It's not a call
to invest or conduct any transaction. The Service should not be perceived as
giving financial, legal, tax, or other professional advice. Always consult a
professional before making any decisions. NetNow will not be accountable for
decisions you make based on the Service's content.
7. Payment Terms.
(a) At NetNow's discretion, some services might be free or chargeable. If a fee
applies: (i) prices may change without prior notice; and (ii) the applicable fees
will be disclosed to you. If you disagree with the fee, cancel the transaction.
Unless specified, payments are in U.S. dollars. We might add sales tax to
purchases when necessary.
(b) Ensure you settle any charges or fees related to the Service using a valid
payment method. By making a purchase, you grant us permission to charge
your selected payment method. For subscriptions or recurring charges, we'll
bill your payment method automatically until you cancel. Refunds are not part
of our policy unless explicitly mentioned.
(c) Always maintain updated payment details. Ensure you swiftly adjust your
account details, including email, payment method, and card expiration date,
for seamless transactions and communication. If payments fail or there's an
overdue balance, we'll employ other means to collect outstanding amounts.
This might include using alternative payment methods or hiring collection
agencies and legal representation at our discretion.
(d) We retain the right to rectify pricing mistakes, even post-payment. We also
reserve the right to decline any payments related to the Service.
8. NetNow Financial INC Terms:
(a) Upon registering and obtaining Usage Rights for NetNow Financial INC,
we grant you a limited, revocable license to access and use our services for
personal, informational purposes. This license is subject to the specific Usage
Rights you've acquired.
(b) Always operate within your acquired Usage Rights. For instance, some
Usage Rights might limit the number of users or impose other restrictions. It's
your responsibility to be aware of these limitations. If you overstep these
bounds, NetNow may:
Charge you additional fees for unauthorized use.
Require payment within 30 days of the invoice.
Pursue other available remedies for unauthorized use.
(c) NetNow Financial INC is a digital platform enabling:
Credit Seekers to submit applications to potential Credit Providers.
Credit Providers to review and decide on these applications.
Although NetNow offers a template credit application, Credit Providers should
note:
It's just a template and might not cater to specific needs.
Modifications can be made as per individual requirements.
NetNow isn't liable for the template's accuracy or any changes made by Credit
Providers.
Credit Seekers must:
Provide true, complete, and owned credit data.
Ensure data shared doesn't breach any third-party rights.
Credit Providers acknowledge that NetNow doesn't verify this data's
authenticity.
The platform's display is based on user input. NetNow isn't responsible for:
The accuracy of such inputs.
Decisions made based on these inputs.
Our platform is for informational purposes. NetNow:
Doesn't guarantee data accuracy or timeliness.
Doesn't offer financial advice.
Users should exercise personal discretion when making financial decisions
based on the platform's data.
Credit decisions lie solely with Credit Providers, not NetNow. Providers must
comply with all applicable Credit Laws.
Interactions and disputes between users, including Credit Seekers and
Providers, don't involve NetNow. We hold no liability for such disputes.
(d) We may provide a free trial (Demo Service) of NetNow Financial INC.
Users trying this service:
Will be billed after the trial or after surpassing certain features.
Acknowledge that NetNow isn't responsible for any issues arising from the
Demo Service's use. Any risks associated with the Demo Service are solely
the user's responsibility.
9. User Responsibilities.
You are permitted to utilize the Service only for lawful objectives, consistent
with the stipulations of these Terms of Service. Unless explicitly allowed by
these Terms of Service, you commit to refrain from:
(a) Unauthorized utilization of the Service, such as amassing user details or
creating accounts through deceitful or automated methods.
(b) Tampering with the Service's security measures or evading restrictions
placed on content and its use.
(c) Unsanctioned framing or linking related to the Service.
(d) Deceiving or attempting to extract sensitive details from NetNow or its
users.
(e) Misusing NetNow’s support channels or falsely reporting issues.
(f) Automated interactions with the Service, including but not limited to scripts,
bots, or data extraction tools.
(g) Extracting data from the Service for unauthorized compilations or
directories.
(h) Imposing undue stress on the Service or its related networks.
(i) Impersonating users or misusing another user’s identity.
(j) Trading or transferring your User account.
(k) Using gathered information to harm, harass, or intimidate others.
(l) Exploiting the Service for competitive or commercial profits.
(m) Altering, disassembling, or trying to decode the Service, its content, or
associated software.
(n) Disrespecting or intimidating our staff or representatives involved in the
Service's provision.
(o) Removing intellectual property notices from the Service or its content.
(p) Cloning or altering the Service’s underlying software or code.
(q) Introducing disruptive or malicious content, including spam or malware,
which affects the Service's usability.
(r) Implementing passive or active data collection tools, such as "spyware" or
web bugs.
(s) Using unauthorized systems, like offline readers or scrapers, which access
the Service.
(t) Defaming or negatively impacting NetNow or the Service.
(u) Contravening any applicable Laws, encompassing but not limited to,
anti-corruption, privacy, and data protection regulations.
(v) Violating third-party rights, including intellectual property or privacy rights,
through the Service or its content.
10. Interactions with Third-Party Websites, Materials, and Content.
(a) Our Service may direct you to external websites. NetNow offers these links
for your convenience. If you engage with any of these linked sites, you're not
transacting with NetNow. It's advised to consult the respective website's
"terms of use", contracts, or privacy notices before finalizing any transaction.
(b) NetNow might incorporate third-party services, applications, or software to
provide you with our Service. You commit to adhering to any applicable
third-party license agreements, terms of use, or service conditions. You must
not act in a manner that would lead to NetNow violating these third-party
terms. Additionally, understand that NetNow isn’t accountable for any issues
or liabilities related to the unavailability or malfunctions of such third-party
integrations.
(c) The Service might showcase or include third-party content, such as data or
materials (“Third Party Materials”). You recognize that NetNow isn't
accountable for the accuracy, completeness, legality, or any other features of
these Third Party Materials. NetNow won't bear any responsibility regarding
these Third Party Materials to you or any other party.
(d) It's essential to understand that any actions by NetNow such as: (i) linking
to an external website; (ii) integrating third-party applications, services, or
software; or (iii) featuring Third Party Materials, do not imply our endorsement
of the respective third party. Providers of these third-party services,
applications, or content might be beneficiaries of these Terms of Service,
preserving the right to enforce them as stipulated.
11.Oversight and Implementation.
(a) We hold the right, without being bound, to: (i) oversee the Service for any
breaches of these Terms of Service; (ii) initiate suitable legal measures
against any individual who, at our sole judgment, breaches any Laws or these
Terms of Service, which may include reporting such individuals to the relevant
authorities; (iii) at our discretion and without any constraints, decline, limit
access, adjust the availability, or deactivate (if technically possible) any of
Your Content or a segment of it; (iv) at our discretion and without prior notice
or liability, remove or deactivate any files or content from the Service that are
deemed overly large or potentially taxing on our infrastructure; and (v)
supervise the Service in ways that uphold our rights, assets, and ensure its
smooth operation.
(b) NetNow can: (i) reveal your identity or other pertinent details to any third
party asserting that Your Content or other materials you’ve posted or
transmitted via the Service infringe on their rights, including intellectual
property, publicity rights, or privacy; or (ii) pursue legal measures, including,
but not limited to, alerting law enforcement, in case of any illicit or
unauthorized utilization of the Service. We retain the full authority to cooperate
extensively with law enforcement, third parties, or any court directive that asks
or directs us to unveil the identity or other details (including Your Content) of
any user posting or transmitting materials via the Service.
(c) We do not guarantee that we will review Your Content or any other user
submissions before they are posted or shared via the Service. We cannot
promise the timely removal of undesirable content once posted or shared. As
a result, we are not accountable for any actions or lack thereof concerning the
content or communications, including any of Your Content, provided by users
or third parties. We disclaim any obligation or liability for undertaking or not
undertaking the activities mentioned in this Section.
12. Privacy Acknowledgment; Supplementary Provisions.
(a) By providing us with your personal information, either during registration or
any other interaction with the Service, you acknowledge that such information
will be managed as per our Privacy Notice. You hereby give consent for us to
handle your personal details in line with our Privacy Notice.
(b) Engaging with the Service implies adhering to any supplementary terms,
policies, rules, or guidelines pertinent to the Service or specific aspects or
content of the Service that we might post on or link to the Service (termed
“Additional Terms”). All such Additional Terms are integrated into and form
part of these Terms of Service.
13. Contact for Copyright Concerns.
We honor and uphold the intellectual property rights of others. If you suspect
that your copyrighted material has been improperly used within our Service,
you can reach out to our designated Copyright Representative with the
following details: (i) an electronic or physical signature from someone
empowered to represent the copyright holder; (ii) clear identification of the
copyrighted content believed to be infringed upon; (iii) details of the alleged
infringing material, along with information that allows us to locate it; (iv)
contact details including address, phone number, and if accessible, an email
for the complainant; (v) a statement asserting that the complainant genuinely
believes the contested use of the material isn’t permitted by the copyright
owner, their representative, or legal statutes; and (vi) an assertion that the
provided data in the claim is factual, and, subject to perjury penalties, that the
complainant is entitled to act for the copyright owner whose rights are
purportedly violated.
To address claims and concerns related to copyright violations (excluding
other types of notices), direct them to our Copyright Representative as
described below:
Via post:
Fasken
333 Bay St. #2400,
Toronto, ON M5H 2T6
Canada
14. Ending or Discontinuation.
As highlighted earlier, this Terms of Service represents a binding contract
between you and NetNow concerning your utilization of the Service. Either
party, be it you or us, can conclude this Terms of Service either with or without
reason or prior notification. Even after ending the agreement, you remain
responsible for payments or other duties accrued before the termination. If
you continue using the Service post-termination, it will be seen as your
renewed acceptance of these Terms of Service. If regulations mandate that
we notify about termination or discontinuation, we might either post it directly
on the Service or send a message to any contact information (email or
otherwise) we have of you in our database. Any rights of NetNow under these
Terms of Service which, by their description, essence, or context, are meant to
outlast the termination will continue post-termination. Without fully ending your
privilege to use the Service according to these Terms of Service (and without
affecting NetNow’s right to conclude the Terms of Service), we reserve the
right to pause or restrict your access to the Service if we believe you may be
infringing or disobeying these Terms or could potentially cause harm to us or
others. Any violations of these Terms by NetNow will not be considered a
significant violation unless NetNow is provided a minimum of fifteen (15)
working days to rectify the violation.
15. Applicable Law.
We operate the Service from our locations within Canada and the United
States, primarily for Canadian and United States audiences. Should you
access the Service from areas outside Canada or the United States, you
undertake this on your own initiative and are accountable for adhering to local
regulations. Do not use or distribute any content from the Service in breach of
Canadian or United States' export rules and guidelines or these Terms of
Service. You concur that these Terms of Service and any claims of all types
(including but not limited to, contract, tort, and strict liability) concerning the
Service will be interpreted under and governed by Canadian laws, applicable
to agreements crafted and fully executed within Canada, disregarding any
conflict of law provisions. THE UNITED NATIONS CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS WILL NOT
GOVERN THESE TERMS OF SERVICE. All disputes will be adjudicated
solely in the courts of Ontario. By using our Service, you accept the
jurisdiction of these courts, relinquish any assertion or defense regarding
inconvenience of this venue, and agree to be served as per the stipulations of
Canadian legislation.
16.Information Accuracy.
The Service might display content with errors, inaccuracies, or missing details,
including but not limited to product descriptions, prices, and availability. We
retain the right to amend any discrepancies or incomplete information and
modify the content on the Service anytime, without prior warning.
17.Usage Restrictions; Representation.
You are permitted to use the Service exclusively for lawful, internal,
non-commercial purposes, in adherence to this Terms of Service, unless
stated otherwise. If you access the Service on behalf of an organization, you
confirm that you have the authority to agree to these Terms on its behalf.
Moreover, said entity commits to indemnify NetNow as detailed in Section 20.
18. Liability Disclaimer.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU CONCUR THAT
NEITHER NetNow NOR ITS CURRENT OR FUTURE PARTNERS,
VENDORS, OR REPRESENTATIVES SHALL BE ACCOUNTABLE TO YOU
OR ANY THIRD PARTY FOR EXEMPLARY, INCIDENTAL, INDIRECT, OR
RELATED DAMAGES, INCLUDING LOST PROFITS, BREACHES OF
PRIVACY, DATA LOSS, OR FAILURES OF DUTY, WHETHER THEY BE OF
GOOD FAITH, PROFESSIONAL EFFORT, OR ABSENCE OF NEGLIGENCE.
THIS STANDS EVEN IF NETNOW IS INFORMED OF POTENTIAL
DAMAGES AND REGARDLESS OF THE CAUSE, INCLUDING
NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR DECEPTION.
19.Limitation of Liability.
SHOULD NetNow BE DEEMED LIABLE FOR ANY REASON, NetNow'S
TOTAL OBLIGATION TO YOU OR ANY THIRD PARTY WILL NOT EXCEED
THE LARGER OF: (i) THE AMOUNT YOU'VE PAID TO NetNow WITHIN
THE PAST TWELVE (12) MONTHS LEADING UP TO THE EVENT
CAUSING LIABILITY; OR (ii) $100 USD. ANY LEGAL CLAIM YOU WISH
TO BRING AGAINST NetNow MUST BE INITIATED WITHIN A YEAR OF
THE INCIDENT; IF NOT, SUCH CLAIM WILL BE CONSIDERED FOREVER
WAIVED. THE DISCLAIMERS AND LIABILITY RESTRICTIONS IN THESE
TERMS SHALL REMAIN IN EFFECT EVEN IF A SPECIFIED REMEDY
DOES NOT FULFILL ITS INTENDED FUNCTION.
20.Protection and Compensation.
You commit to protect, compensate, and absolve NetNow, its licensors,
related entities, successors, and the officers, directors, members, agents,
partners, staff, and representatives of each from any losses, damages,
charges, penalties, responsibilities, accusations, or demands (whether actual
or claimed), along with all resulting costs (inclusive of suitable legal fees),
stemming from or linked to: (1) Content you provide; (2) your utilization of the
Service; (3) any breach of these Service Terms on your part; (4) any
infringement of a third party's rights, specifically involving unauthorized use of
intellectual property; (5) third-party access and use of your account; (6)
conflicts involving you and other users, notably any disagreements between
those seeking and providing credits; or (7) any direct harm you cause to
another service user. Despite the above, we hold the right, on your dime, to
take on the sole responsibility and management of any issue that necessitates
your compensation towards us. You promise to assist in our defense against
such claims at your own cost. We shall strive to inform you promptly about any
claims or actions that demand your compensation under this Section 20 after
becoming aware of them.
21. Communication and Address for Legal Correspondence.
(a) We reserve the right to notify you through various lawful means, which
may include, but are not limited to, legal notifications and subpoena alerts.
These notices might be shared either through the Service, via email, or direct
mail to any contact details we possess for you. It is your responsibility to keep
your contact information current and regularly review any announcements on
the Service.
(b) For any notices you intend to send our way, please direct them to our
designated "Address for Legal Correspondence":
NetNow Financial INC
339 Queen Street East
Suite 302
Toronto, ON, M5A 1S9
Canada
22. Modifications.
At our discretion, we may modify and update these Terms of Service
periodically. Any changes become effective as soon as they are published and
will be applicable to all subsequent use of the Service. By continuing to use
the Service after these changes are posted, you signify your acceptance of
the updated terms. We recommend reviewing these Terms of Service
regularly for any adjustments..
23. Digital Communications and Agreements.
Interactions via the Service, email correspondences with us, or the completion
of online forms are recognized as electronic communications. By doing so,
you grant your consent to engage in these electronic interactions. Additionally,
you acknowledge that any contracts, notices, or other documents we share
with you through electronic means, be it via email or the Service, fulfill any
legal obligation for them to be written. YOU EXPRESSLY CONSENT TO
UTILIZING ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
SIMILAR DOCUMENTS, AS WELL AS TO THE ELECTRONIC SENDING OF
NOTIFICATIONS, TERMS, AND DOCUMENTATION OF TRANSACTIONS
INITIATED OR FINALIZED BY US OR THROUGH THE SERVICE. You also
relinquish any legal right or mandate, regardless of jurisdiction, that
necessitates the use of handwritten signatures, the manual delivery or
preservation of paper records, or any non-digital transaction methods.
24. Comprehensive Agreement; Details.
The entirety of this Terms of Service, which encompasses: (i) additional
stipulations presented on the Service or shared by us for specific functions,
inclusive of the Supplementary Terms; and (ii) declarations made by us and
approvals given by you on the Service, serve as the full accord between both
parties. Neither party has based its agreement on unmentioned promises from
the other side. Our non-enforcement or non-exercise of any rights or
provisions within these Terms of Service does not constitute a waiver. These
Terms are enforced as far as legally allowed. We will not be held accountable
for any damages, delays, or inactions arising from circumstances beyond our
control. Should any segment or part of a segment of these Terms of Service
be ruled as invalid, illegal, or unenforceable, that particular segment will be
considered separate from these Terms, without impacting the legitimacy and
applicability of the remaining portions. These Terms do not form any kind of
partnership, joint venture, employment, or agency bond between the parties.
Any interpretation of these Terms should not be adverse to us because we
have composed them. You forgo any objections based on the digital nature of
these Terms or the absence of physical signatures. Apart from mentions in
Sections 10 and 20, no third parties benefit from these Terms. These Terms
are exclusively for you and cannot be assigned, transferred, or sublicensed
without prior authorization from NetNow, which it can decline without any
given reason. In legal undertakings related to these Terms, the successful
party reserves the right to recover its rational expenses and attorney charges.
25. No Group Litigations.
Both parties agree to forgo the right to initiate or join any class action suits.
YOU AND NETNOW CONCUR THAT CLAIMS CAN ONLY BE LODGED
AGAINST EACH OTHER ON AN INDIVIDUAL BASIS, RATHER THAN AS A
MEMBER OR PARTICIPANT IN ANY SUPPOSED CLASS OR COLLECTIVE
ACTION.
26. Renunciation of Jury Trial.
BOTH PARTIES RESOLUTELY RENOUNCE, TO THE MAXIMUM EXTENT
ALLOWED BY LAW, ANY ENTITLEMENT TO A JURY TRIAL FOR ANY
LEGAL DISPUTES, ISSUES, OR COUNTERCLAIMS STEMMING FROM OR
TIED TO THESE TERMS OF USE, OR THE CONTENT OF THESE TERMS
OF SERVICE.
27. Additional Details.
Should you wish to obtain NetNow's legal name and address via email or seek
other details from NetNow, kindly forward your written request to Our Address
for Legal Correspondence. For grievances, please reach out to us at the
location(s) detailed in Section 21.
28.Trademark Notification.
NetNow™ along with its related symbols or graphics are the exclusive
trademarks of NetNow Financial Inc. All other trademarks and symbols found
within the Service or amidst the NetNow Content belong to their legitimate
holders. All privileges are preserved.
Terms Of Service
EFFECTIVE DATE: DECEMBER 26, 2022
LAST REVISED: OCTOBER 21, 2024
1. Terms of Service Agreement: The following Terms of Service ("Terms")
represent a legal agreement between you (either as an individual or on behalf
of an entity) and NetNow Financial Inc., also known as NetNow ("NetNow",
"we", "us", "our"). This agreement outlines the conditions under which you can
access and use the services provided on the NetNow website at
https://netnow.io ("Site"), as well as any other online or offline platforms
referencing these Terms, and their related content and features, including but
not limited to NetNow Financial INC ("NetNow Financial INC") – collectively
referred to as the "Service".
Before using the Service, please review these Terms thoroughly. By accessing
the Service or by selecting the accept or agree option when prompted, you
confirm your acceptance of these Terms and our Privacy Notice. If you
disagree with any part of these Terms, please refrain from using the Service
immediately.
Please note: The Service is intended for users who are at least eighteen (18)
years old. If you are below this age, you are prohibited from accessing or
using the Service.
2. Service Accessibility and Modifications: While we aim to provide
uninterrupted access to our Service, there may be times it's unavailable due to
maintenance, updates, or unforeseen interruptions. We also retain the
authority to update, alter, or restrict access to any component of the Service at
our sole discretion, potentially without prior notification. Should the Service be
unavailable for any duration or reason, we are not accountable for any
inconveniences caused.
3. Intellectual Property Provisions
(a) NetNow Content:
Our Service, encompassing its data, features, design, text, graphics, and
other elements (termed “NetNow Content”), is the exclusive property of
NetNow, its licensors, or content providers, safeguarded by U.S. and
international intellectual property laws. Do not commercially use, or make this
Service available to third parties. Unauthorized reproductions, alterations,
public displays, and distributions of the NetNow Content are prohibited. No
rights are conferred upon you beyond what is specified in these terms.
Unauthorized use may lead to service restrictions or termination. Some
NetNow Content may have additional terms, which you must adhere to.
(b) Your Content:
You can upload, post, and share content via some Service features (“Your
Content”). While you retain its ownership, NetNow needs specific permissions
to facilitate the Service. Thus, you grant NetNow a royalty-free, non-exclusive
right to use Your Content as detailed here.
You assure NetNow that:
Your Content is owned by you or you have adequate rights.
No third-party rights or confidentiality agreements are breached by Your
Content.
No laws are contravened when posting Your Content.
There are no claims, or potential claims, regarding Your Content.
NetNow can reject or remove Your Content that violates our terms. If deemed
necessary, we may restrict your access.
It's your responsibility to keep copies of Your Content. NetNow isn’t
responsible for any content losses or damages.
(c) Systems Data:
All Systems Data is NetNow’s exclusive property. We can legally use this
data, possibly in aggregate form, to enhance our services and products. Here,
"Systems Data" refers to aggregated, de-identified data related to Service
usage, including certain content aspects.
(d) Feedback:
Any feedback or ideas shared can be utilized by NetNow. Although you retain
ownership of such feedback, you grant NetNow a global, perpetual,
non-exclusive license to use and further develop this feedback.
4. Disclaimer. Please be aware that we provide the Service and all NetNow
content on an "as-is" basis, with no assurances or guarantees. The
responsibility for ensuring the service meets your expectations in terms of
quality, performance, accuracy, and effort lies entirely with you. We do not
promise or guarantee any particular outcomes, and we specifically reject any
and all representations or warranties, whether direct, indirect, or statutory.
This includes, but is not limited to, guarantees related to product quality,
suitability for a specific purpose, results, precision, completeness, and the
protection of your private information. Any obligations we might have –
including those of good faith, reasonable effort, or diligence – are hereby
disclaimed. If there is an obligation that cannot be waived, your only recourse
will be in cases where we act with deliberate misconduct. Moreover, we
cannot promise non-infringement or that your use of the Service will remain
uninterrupted. Any risks associated with the use of the Service or any NetNow
content are yours to bear.
5. Service Access and Account Safeguarding.
(a) Ensure that you: (i) arrange everything needed to access the Service, such
as your Internet connection; and (ii) inform anyone accessing the Service via
your connection about these Terms and ensure their adherence.
(b) Some Service pages can be viewed without being a registered user
(“User”). However, for full access, particularly to NetNow Financial INC
sections, User registration is mandatory. You must provide truthful, up-to-date,
and comprehensive information during registration and while using the
Service.
(c) Keep your password secret. Any activities under your account are your
responsibility. Your account is individual to you; do not share access details
with others. If there's any unauthorized activity or security breach, inform us
immediately. Always log out after using your account. We may modify a User
name you choose if we find it unsuitable or offensive at our discretion.
(d) You authorize your wireless carrier to use or disclose information about
your account and your wireless device, if available, to NetNow or its service
provider for the duration of your business relationship, solely to help them
identify you or your wireless device and to prevent fraud. See our Privacy
Policy for how we treat your data.
6. Service Information and No Advisory.
NetNow does not guarantee the information's accuracy, timeliness, or
completeness on the Service. The Service is purely informative. It's not a call
to invest or conduct any transaction. The Service should not be perceived as
giving financial, legal, tax, or other professional advice. Always consult a
professional before making any decisions. NetNow will not be accountable for
decisions you make based on the Service's content.
7. Payment Terms.
(a) At NetNow's discretion, some services might be free or chargeable. If a fee
applies: (i) prices may change without prior notice; and (ii) the applicable fees
will be disclosed to you. If you disagree with the fee, cancel the transaction.
Unless specified, payments are in U.S. dollars. We might add sales tax to
purchases when necessary.
(b) Ensure you settle any charges or fees related to the Service using a valid
payment method. By making a purchase, you grant us permission to charge
your selected payment method. For subscriptions or recurring charges, we'll
bill your payment method automatically until you cancel. Refunds are not part
of our policy unless explicitly mentioned.
(c) Always maintain updated payment details. Ensure you swiftly adjust your
account details, including email, payment method, and card expiration date,
for seamless transactions and communication. If payments fail or there's an
overdue balance, we'll employ other means to collect outstanding amounts.
This might include using alternative payment methods or hiring collection
agencies and legal representation at our discretion.
(d) We retain the right to rectify pricing mistakes, even post-payment. We also
reserve the right to decline any payments related to the Service.
8. NetNow Financial INC Terms:
(a) Upon registering and obtaining Usage Rights for NetNow Financial INC,
we grant you a limited, revocable license to access and use our services for
personal, informational purposes. This license is subject to the specific Usage
Rights you've acquired.
(b) Always operate within your acquired Usage Rights. For instance, some
Usage Rights might limit the number of users or impose other restrictions. It's
your responsibility to be aware of these limitations. If you overstep these
bounds, NetNow may:
Charge you additional fees for unauthorized use.
Require payment within 30 days of the invoice.
Pursue other available remedies for unauthorized use.
(c) NetNow Financial INC is a digital platform enabling:
Credit Seekers to submit applications to potential Credit Providers.
Credit Providers to review and decide on these applications.
Although NetNow offers a template credit application, Credit Providers should
note:
It's just a template and might not cater to specific needs.
Modifications can be made as per individual requirements.
NetNow isn't liable for the template's accuracy or any changes made by Credit
Providers.
Credit Seekers must:
Provide true, complete, and owned credit data.
Ensure data shared doesn't breach any third-party rights.
Credit Providers acknowledge that NetNow doesn't verify this data's
authenticity.
The platform's display is based on user input. NetNow isn't responsible for:
The accuracy of such inputs.
Decisions made based on these inputs.
Our platform is for informational purposes. NetNow:
Doesn't guarantee data accuracy or timeliness.
Doesn't offer financial advice.
Users should exercise personal discretion when making financial decisions
based on the platform's data.
Credit decisions lie solely with Credit Providers, not NetNow. Providers must
comply with all applicable Credit Laws.
Interactions and disputes between users, including Credit Seekers and
Providers, don't involve NetNow. We hold no liability for such disputes.
(d) We may provide a free trial (Demo Service) of NetNow Financial INC.
Users trying this service:
Will be billed after the trial or after surpassing certain features.
Acknowledge that NetNow isn't responsible for any issues arising from the
Demo Service's use. Any risks associated with the Demo Service are solely
the user's responsibility.
9. User Responsibilities.
You are permitted to utilize the Service only for lawful objectives, consistent
with the stipulations of these Terms of Service. Unless explicitly allowed by
these Terms of Service, you commit to refrain from:
(a) Unauthorized utilization of the Service, such as amassing user details or
creating accounts through deceitful or automated methods.
(b) Tampering with the Service's security measures or evading restrictions
placed on content and its use.
(c) Unsanctioned framing or linking related to the Service.
(d) Deceiving or attempting to extract sensitive details from NetNow or its
users.
(e) Misusing NetNow’s support channels or falsely reporting issues.
(f) Automated interactions with the Service, including but not limited to scripts,
bots, or data extraction tools.
(g) Extracting data from the Service for unauthorized compilations or
directories.
(h) Imposing undue stress on the Service or its related networks.
(i) Impersonating users or misusing another user’s identity.
(j) Trading or transferring your User account.
(k) Using gathered information to harm, harass, or intimidate others.
(l) Exploiting the Service for competitive or commercial profits.
(m) Altering, disassembling, or trying to decode the Service, its content, or
associated software.
(n) Disrespecting or intimidating our staff or representatives involved in the
Service's provision.
(o) Removing intellectual property notices from the Service or its content.
(p) Cloning or altering the Service’s underlying software or code.
(q) Introducing disruptive or malicious content, including spam or malware,
which affects the Service's usability.
(r) Implementing passive or active data collection tools, such as "spyware" or
web bugs.
(s) Using unauthorized systems, like offline readers or scrapers, which access
the Service.
(t) Defaming or negatively impacting NetNow or the Service.
(u) Contravening any applicable Laws, encompassing but not limited to,
anti-corruption, privacy, and data protection regulations.
(v) Violating third-party rights, including intellectual property or privacy rights,
through the Service or its content.
10. Interactions with Third-Party Websites, Materials, and Content.
(a) Our Service may direct you to external websites. NetNow offers these links
for your convenience. If you engage with any of these linked sites, you're not
transacting with NetNow. It's advised to consult the respective website's
"terms of use", contracts, or privacy notices before finalizing any transaction.
(b) NetNow might incorporate third-party services, applications, or software to
provide you with our Service. You commit to adhering to any applicable
third-party license agreements, terms of use, or service conditions. You must
not act in a manner that would lead to NetNow violating these third-party
terms. Additionally, understand that NetNow isn’t accountable for any issues
or liabilities related to the unavailability or malfunctions of such third-party
integrations.
(c) The Service might showcase or include third-party content, such as data or
materials (“Third Party Materials”). You recognize that NetNow isn't
accountable for the accuracy, completeness, legality, or any other features of
these Third Party Materials. NetNow won't bear any responsibility regarding
these Third Party Materials to you or any other party.
(d) It's essential to understand that any actions by NetNow such as: (i) linking
to an external website; (ii) integrating third-party applications, services, or
software; or (iii) featuring Third Party Materials, do not imply our endorsement
of the respective third party. Providers of these third-party services,
applications, or content might be beneficiaries of these Terms of Service,
preserving the right to enforce them as stipulated.
11.Oversight and Implementation.
(a) We hold the right, without being bound, to: (i) oversee the Service for any
breaches of these Terms of Service; (ii) initiate suitable legal measures
against any individual who, at our sole judgment, breaches any Laws or these
Terms of Service, which may include reporting such individuals to the relevant
authorities; (iii) at our discretion and without any constraints, decline, limit
access, adjust the availability, or deactivate (if technically possible) any of
Your Content or a segment of it; (iv) at our discretion and without prior notice
or liability, remove or deactivate any files or content from the Service that are
deemed overly large or potentially taxing on our infrastructure; and (v)
supervise the Service in ways that uphold our rights, assets, and ensure its
smooth operation.
(b) NetNow can: (i) reveal your identity or other pertinent details to any third
party asserting that Your Content or other materials you’ve posted or
transmitted via the Service infringe on their rights, including intellectual
property, publicity rights, or privacy; or (ii) pursue legal measures, including,
but not limited to, alerting law enforcement, in case of any illicit or
unauthorized utilization of the Service. We retain the full authority to cooperate
extensively with law enforcement, third parties, or any court directive that asks
or directs us to unveil the identity or other details (including Your Content) of
any user posting or transmitting materials via the Service.
(c) We do not guarantee that we will review Your Content or any other user
submissions before they are posted or shared via the Service. We cannot
promise the timely removal of undesirable content once posted or shared. As
a result, we are not accountable for any actions or lack thereof concerning the
content or communications, including any of Your Content, provided by users
or third parties. We disclaim any obligation or liability for undertaking or not
undertaking the activities mentioned in this Section.
12. Privacy Acknowledgment; Supplementary Provisions.
(a) By providing us with your personal information, either during registration or
any other interaction with the Service, you acknowledge that such information
will be managed as per our Privacy Notice. You hereby give consent for us to
handle your personal details in line with our Privacy Notice.
(b) Engaging with the Service implies adhering to any supplementary terms,
policies, rules, or guidelines pertinent to the Service or specific aspects or
content of the Service that we might post on or link to the Service (termed
“Additional Terms”). All such Additional Terms are integrated into and form
part of these Terms of Service.
13. Contact for Copyright Concerns.
We honor and uphold the intellectual property rights of others. If you suspect
that your copyrighted material has been improperly used within our Service,
you can reach out to our designated Copyright Representative with the
following details: (i) an electronic or physical signature from someone
empowered to represent the copyright holder; (ii) clear identification of the
copyrighted content believed to be infringed upon; (iii) details of the alleged
infringing material, along with information that allows us to locate it; (iv)
contact details including address, phone number, and if accessible, an email
for the complainant; (v) a statement asserting that the complainant genuinely
believes the contested use of the material isn’t permitted by the copyright
owner, their representative, or legal statutes; and (vi) an assertion that the
provided data in the claim is factual, and, subject to perjury penalties, that the
complainant is entitled to act for the copyright owner whose rights are
purportedly violated.
To address claims and concerns related to copyright violations (excluding
other types of notices), direct them to our Copyright Representative as
described below:
Via post:
Fasken
333 Bay St. #2400,
Toronto, ON M5H 2T6
Canada
14. Ending or Discontinuation.
As highlighted earlier, this Terms of Service represents a binding contract
between you and NetNow concerning your utilization of the Service. Either
party, be it you or us, can conclude this Terms of Service either with or without
reason or prior notification. Even after ending the agreement, you remain
responsible for payments or other duties accrued before the termination. If
you continue using the Service post-termination, it will be seen as your
renewed acceptance of these Terms of Service. If regulations mandate that
we notify about termination or discontinuation, we might either post it directly
on the Service or send a message to any contact information (email or
otherwise) we have of you in our database. Any rights of NetNow under these
Terms of Service which, by their description, essence, or context, are meant to
outlast the termination will continue post-termination. Without fully ending your
privilege to use the Service according to these Terms of Service (and without
affecting NetNow’s right to conclude the Terms of Service), we reserve the
right to pause or restrict your access to the Service if we believe you may be
infringing or disobeying these Terms or could potentially cause harm to us or
others. Any violations of these Terms by NetNow will not be considered a
significant violation unless NetNow is provided a minimum of fifteen (15)
working days to rectify the violation.
15. Applicable Law.
We operate the Service from our locations within Canada and the United
States, primarily for Canadian and United States audiences. Should you
access the Service from areas outside Canada or the United States, you
undertake this on your own initiative and are accountable for adhering to local
regulations. Do not use or distribute any content from the Service in breach of
Canadian or United States' export rules and guidelines or these Terms of
Service. You concur that these Terms of Service and any claims of all types
(including but not limited to, contract, tort, and strict liability) concerning the
Service will be interpreted under and governed by Canadian laws, applicable
to agreements crafted and fully executed within Canada, disregarding any
conflict of law provisions. THE UNITED NATIONS CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS WILL NOT
GOVERN THESE TERMS OF SERVICE. All disputes will be adjudicated
solely in the courts of Ontario. By using our Service, you accept the
jurisdiction of these courts, relinquish any assertion or defense regarding
inconvenience of this venue, and agree to be served as per the stipulations of
Canadian legislation.
16.Information Accuracy.
The Service might display content with errors, inaccuracies, or missing details,
including but not limited to product descriptions, prices, and availability. We
retain the right to amend any discrepancies or incomplete information and
modify the content on the Service anytime, without prior warning.
17.Usage Restrictions; Representation.
You are permitted to use the Service exclusively for lawful, internal,
non-commercial purposes, in adherence to this Terms of Service, unless
stated otherwise. If you access the Service on behalf of an organization, you
confirm that you have the authority to agree to these Terms on its behalf.
Moreover, said entity commits to indemnify NetNow as detailed in Section 20.
18. Liability Disclaimer.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU CONCUR THAT
NEITHER NetNow NOR ITS CURRENT OR FUTURE PARTNERS,
VENDORS, OR REPRESENTATIVES SHALL BE ACCOUNTABLE TO YOU
OR ANY THIRD PARTY FOR EXEMPLARY, INCIDENTAL, INDIRECT, OR
RELATED DAMAGES, INCLUDING LOST PROFITS, BREACHES OF
PRIVACY, DATA LOSS, OR FAILURES OF DUTY, WHETHER THEY BE OF
GOOD FAITH, PROFESSIONAL EFFORT, OR ABSENCE OF NEGLIGENCE.
THIS STANDS EVEN IF NETNOW IS INFORMED OF POTENTIAL
DAMAGES AND REGARDLESS OF THE CAUSE, INCLUDING
NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR DECEPTION.
19.Limitation of Liability.
SHOULD NetNow BE DEEMED LIABLE FOR ANY REASON, NetNow'S
TOTAL OBLIGATION TO YOU OR ANY THIRD PARTY WILL NOT EXCEED
THE LARGER OF: (i) THE AMOUNT YOU'VE PAID TO NetNow WITHIN
THE PAST TWELVE (12) MONTHS LEADING UP TO THE EVENT
CAUSING LIABILITY; OR (ii) $100 USD. ANY LEGAL CLAIM YOU WISH
TO BRING AGAINST NetNow MUST BE INITIATED WITHIN A YEAR OF
THE INCIDENT; IF NOT, SUCH CLAIM WILL BE CONSIDERED FOREVER
WAIVED. THE DISCLAIMERS AND LIABILITY RESTRICTIONS IN THESE
TERMS SHALL REMAIN IN EFFECT EVEN IF A SPECIFIED REMEDY
DOES NOT FULFILL ITS INTENDED FUNCTION.
20.Protection and Compensation.
You commit to protect, compensate, and absolve NetNow, its licensors,
related entities, successors, and the officers, directors, members, agents,
partners, staff, and representatives of each from any losses, damages,
charges, penalties, responsibilities, accusations, or demands (whether actual
or claimed), along with all resulting costs (inclusive of suitable legal fees),
stemming from or linked to: (1) Content you provide; (2) your utilization of the
Service; (3) any breach of these Service Terms on your part; (4) any
infringement of a third party's rights, specifically involving unauthorized use of
intellectual property; (5) third-party access and use of your account; (6)
conflicts involving you and other users, notably any disagreements between
those seeking and providing credits; or (7) any direct harm you cause to
another service user. Despite the above, we hold the right, on your dime, to
take on the sole responsibility and management of any issue that necessitates
your compensation towards us. You promise to assist in our defense against
such claims at your own cost. We shall strive to inform you promptly about any
claims or actions that demand your compensation under this Section 20 after
becoming aware of them.
21. Communication and Address for Legal Correspondence.
(a) We reserve the right to notify you through various lawful means, which
may include, but are not limited to, legal notifications and subpoena alerts.
These notices might be shared either through the Service, via email, or direct
mail to any contact details we possess for you. It is your responsibility to keep
your contact information current and regularly review any announcements on
the Service.
(b) For any notices you intend to send our way, please direct them to our
designated "Address for Legal Correspondence":
NetNow Financial INC
339 Queen Street East
Suite 302
Toronto, ON, M5A 1S9
Canada
22. Modifications.
At our discretion, we may modify and update these Terms of Service
periodically. Any changes become effective as soon as they are published and
will be applicable to all subsequent use of the Service. By continuing to use
the Service after these changes are posted, you signify your acceptance of
the updated terms. We recommend reviewing these Terms of Service
regularly for any adjustments..
23. Digital Communications and Agreements.
Interactions via the Service, email correspondences with us, or the completion
of online forms are recognized as electronic communications. By doing so,
you grant your consent to engage in these electronic interactions. Additionally,
you acknowledge that any contracts, notices, or other documents we share
with you through electronic means, be it via email or the Service, fulfill any
legal obligation for them to be written. YOU EXPRESSLY CONSENT TO
UTILIZING ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
SIMILAR DOCUMENTS, AS WELL AS TO THE ELECTRONIC SENDING OF
NOTIFICATIONS, TERMS, AND DOCUMENTATION OF TRANSACTIONS
INITIATED OR FINALIZED BY US OR THROUGH THE SERVICE. You also
relinquish any legal right or mandate, regardless of jurisdiction, that
necessitates the use of handwritten signatures, the manual delivery or
preservation of paper records, or any non-digital transaction methods.
24. Comprehensive Agreement; Details.
The entirety of this Terms of Service, which encompasses: (i) additional
stipulations presented on the Service or shared by us for specific functions,
inclusive of the Supplementary Terms; and (ii) declarations made by us and
approvals given by you on the Service, serve as the full accord between both
parties. Neither party has based its agreement on unmentioned promises from
the other side. Our non-enforcement or non-exercise of any rights or
provisions within these Terms of Service does not constitute a waiver. These
Terms are enforced as far as legally allowed. We will not be held accountable
for any damages, delays, or inactions arising from circumstances beyond our
control. Should any segment or part of a segment of these Terms of Service
be ruled as invalid, illegal, or unenforceable, that particular segment will be
considered separate from these Terms, without impacting the legitimacy and
applicability of the remaining portions. These Terms do not form any kind of
partnership, joint venture, employment, or agency bond between the parties.
Any interpretation of these Terms should not be adverse to us because we
have composed them. You forgo any objections based on the digital nature of
these Terms or the absence of physical signatures. Apart from mentions in
Sections 10 and 20, no third parties benefit from these Terms. These Terms
are exclusively for you and cannot be assigned, transferred, or sublicensed
without prior authorization from NetNow, which it can decline without any
given reason. In legal undertakings related to these Terms, the successful
party reserves the right to recover its rational expenses and attorney charges.
25. No Group Litigations.
Both parties agree to forgo the right to initiate or join any class action suits.
YOU AND NETNOW CONCUR THAT CLAIMS CAN ONLY BE LODGED
AGAINST EACH OTHER ON AN INDIVIDUAL BASIS, RATHER THAN AS A
MEMBER OR PARTICIPANT IN ANY SUPPOSED CLASS OR COLLECTIVE
ACTION.
26. Renunciation of Jury Trial.
BOTH PARTIES RESOLUTELY RENOUNCE, TO THE MAXIMUM EXTENT
ALLOWED BY LAW, ANY ENTITLEMENT TO A JURY TRIAL FOR ANY
LEGAL DISPUTES, ISSUES, OR COUNTERCLAIMS STEMMING FROM OR
TIED TO THESE TERMS OF USE, OR THE CONTENT OF THESE TERMS
OF SERVICE.
27. Additional Details.
Should you wish to obtain NetNow's legal name and address via email or seek
other details from NetNow, kindly forward your written request to Our Address
for Legal Correspondence. For grievances, please reach out to us at the
location(s) detailed in Section 21.
28.Trademark Notification.
NetNow™ along with its related symbols or graphics are the exclusive
trademarks of NetNow Financial Inc. All other trademarks and symbols found
within the Service or amidst the NetNow Content belong to their legitimate
holders. All privileges are preserved.
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