The following are the terms and conditions (the "Terms") for the use of the Rabbito.io web site (the "Site"), Rabbito.io Services, and related material.General
With each visit to the Site you signify your agreement to these Terms.
These Terms were last modified on August 27, 2020.
Objex, Inc. own the Rabbito.io trade name, brand and trademark and websites. Hereafter, Rabbito.io means Objex, Inc.
Rabbito.io Material is defined as any intellectual property, legal materials, documents, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by Rabbito.io or the Site, including any portion thereof. Rabbito.io Services is defined as any Rabbito.io service.
If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or Rabbito.io Material.
Use of Rabbito.io Material and Rabbito.io ServicesA. Generally
You agree not to use any Rabbito.io Material and Rabbito.io Services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.
You are granted a Licence when you enter into a free trial, have a subscription or pay for access to a product.
Any paid or Free Trial Licence granted is subject to the Terms and entitles you to:
You may end a Licence in the manner specified on the order page, your account area or the help documentation. Rabbito.io retains the right to cancel any sale or Site access at any time, in which case you will only be charged for the time the sale or Site access was in effect.
Your Licence is valid for the country of the document that you select when you purchase your Licence. You will be charged in the currency of that country.
To access products, you must provide credit card details to Rabbito.io as required by the Site. Rabbito.io will charge credit cards in accordance with displayed pricing in return for access to products and lawful services and if free trials are not cancelled before the specified time period.
Subject to these Terms, if you are evaluating the Site strictly as a potential customer or to participate in our affiliate program, you are granted a license to evaluate the Site for that purpose only.
You agree that all content you produce using Rabbito.io blogging service is your full responsibility.Programs
Rabbito.io retains the right to make changes to its Affiliate Program or other programs as it sees fit.Restrictions
To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, licence, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any Rabbito.io Material nor will you utilize Rabbito.io Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.
You agree to only use Rabbito.io Material and the Site as a customer.
Licences granted are subject to these Terms, and are non-exclusive, non-transferable, and revocable.
The rights granted under these Terms are granted to you only.
If you are an organization, a purchase allows one individual within your organization to exercise the rights granted by these Terms. If multiple individuals within your organization require access, there must be a purchase for each individual.
Rabbito.io retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or Rabbito.io Material or Rabbito.io Services at its discretion.Assignment
This agreement cannot be assigned.Intellectual Property
All copyright, trade marks (including its distinguishing guise and/or trade dress), and other intellectual property rights (registered and unregistered) of Rabbito.io Material belong to Rabbito.io and its suppliers. Rabbito.io reserves all of its rights in the Rabbito.io Material. Nothing in the Terms grants you a right or licence to use any intellectual property rights owned or controlled by Rabbito.io or any other third party except as expressly provided in these Terms.
In addition, Rabbito.io Material, contains information and intellectual property that is selected and organized by Rabbito.io and represents significant work made by Rabbito.io. Nothing in the Terms should be construed as granting any licence or right to use any Rabbito.io Material or intellectual property displayed or used in any Rabbito.io Material except as expressly provided in the Terms.
You agree to the following:
any distribution or past distribution of any Rabbito.io Material that violates these Terms is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each page of any website which uses Rabbito.io Material being a separate work under the Copyright Act and each access of a page of a website by a customer being a separate publication of a work. Rabbito.io shall have the right to represent its suppliers in any dispute.LIMITED WARRANTIES
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, Rabbito.io Material and Rabbito.io Services are provided "as is" without any kind of warranty. You accept full responsibility for determining whether Rabbito.io Material and Rabbito.io Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.
Except as expressly provided in these Terms or where prohibited by law, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Rabbito.io Material and Rabbito.io Services, or for inaccessibility of Rabbito.io Material and Rabbito.io Services whether from errors or omissions in the content of Rabbito.io Material and Rabbito.io Services or any other linked sites or for any other reason. Use of Rabbito.io Material and Rabbito.io Services is at your own risk.
Rabbito.io does not represent or warrant that Rabbito.io Material, the Site or any linked sites are free of any harmful materials.Maximum Liability
Except as expressly provided in these Terms or where prohibited by law, the maximum liability of Rabbito.io is the amount paid to Rabbito.io by the customer; however, where Rabbito.io has provided a service, the maximum liability of Rabbito.io for any Rabbito.io Services is the portion of the amount paid to Rabbito.io by the customer specifically for the Rabbito.io Services as calculated by Rabbito.io.Guarantees and Refunds
All guarantees are subject to any limitations specified in any Rabbito.io Material. Guarantees are only available to customers who paid on the product before the guarantee is claimed and are not available on free promotions. For a guarantee to apply to a product, it must be explicitly promoted in Rabbito.io Material for that product at the time of payment. A customer is only entitled to one Guarantee claim relating to one Guarantee category of one product. Should a customer accept a Guarantee related payment from Rabbito.io, they waive their right to any additional claims against Rabbito.io regarding any Guarantee unless otherwise agreed to in writing. Rabbito.io has no obligation to refund one time purchases.
The following additional restrictions apply to the Guarantees payments for mistakes:
The customer was the first person to mention that mistake for that Guarantee category; Guarantees only apply to Rabbito.io mistakes, not to customer mistakes; and We are only required to pay a customer once for a mistake no matter how many mistakes they may bring to our attention.A. Free Trial Refund Policy
The terms and conditions of the offer will govern any free trials. Rabbito.io has no obligation to refund for free trials properly converted to paid product access.B. Annual Subscriptions and Renewals
Rabbito.io has no obligation to refund renewals unless you notify us before your renewal date that you want to cancel. Annual subscriptions are subject to a refund within 30 days of initial purchase.C. Other Guarantees and Refunds
Our maximum liability for any Quality Guarantees specified on the Site is $120 USD. Other guarantees and refund commitments specified in Rabbito.io Material are subject to a maximum of the amount paid by the customer and are subject to a claim being submitted within 30 days of purchase.Client Privacy
All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting Rabbito.io Material should it be judicially found that the conflicting Rabbito.io Material is legally relevant to this Agreement under law.Indemnification
Except where prohibited by law, you agree to indemnify and hold Rabbito.io, its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Site or Rabbito.io Material or Rabbito.io Services.Governing Law
Except where prohibited by law, the Terms are governed by the laws of the Province of Ontario, Canada. Except where prohibited by law, you irrevocably attorn to the exclusive jurisdiction of the courts of Ottawa Ontario, Canada.Binding Arbitration
Subject to exceptions specified herein, if you and Rabbito.io are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration.
A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, Rabbito.io will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in the City of Ottawa, Ontario, Canada.
The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable attorneys' fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator.
Exceptions to the use of binding arbitration are as follows: Rabbito.io may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use small claims court.Class Action Waiver
You will not seek to have the dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.Modification of the Terms
Except that you must be informed in a reasonable manner regarding any pricing increase, Rabbito.io may, in its sole discretion, change these Terms at any time. Other terms and conditions are only valid when signed in writing by an authorized Rabbito.io officer.Severability
If any term, covenant, condition or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.Waivers
No failure or delay, on the part of Rabbito.io, in exercising any right or power under these Terms will operate as a waiver of such right or power.Whole Agreement
Except as explicitly set forth in this agreement, these Terms, the pricing displayed on the Site, the Site's Disclaimer, and, if you are an affiliate, the Affiliate Program Terms and Conditions, constitute the whole agreement between you and Objex, Inc. notwithstanding any:
Rabbito.io Material other than this Agreement, communication between you and Rabbito.io, including telephone, email and online chat assistance, or announcements, newsletters or promotional materials from Rabbito.io.