1 Acceptance The Use Of ToneADay Terms and Conditions
Your access to and use of ToneADay by Lymbix Inc is subject exclusively to these Terms and Conditions. You will not use the Website ("Website") for any purpose that is unlawful or prohibited by these Terms and Conditions. In addition to your obligations with respect to Taxes below, you agree to comply with all applicable laws, statutes, and regulations of any jurisdiction in which you use the Website. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.>
2 Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Lymbix Inc does not accept any liability for such loss.
You agree that it is your responsibility to determine any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding and other taxes and/or duties assessed, incurred or required to be collected, paid or withheld for any reason in connection with your use of the Website, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, and to collect, withhold, report, and remit correct taxes to the appropriate tax authority, and to otherwise be responsible for the collection and payment of any and all Taxes. YOU ALSO AGREE THAT LYMBIX AND ITS AFFILIATES ARE NOT OBLIGATED TO DETERMINE WHETHER TAXES APPLY AND ARE NOT RESPONSIBLE TO COLLECT, REPORT, OR REMIT ANY TAXES ARISING FROM ANY TRANSACTION.
4 Cancellation and Termination
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link on the right side column. The Account screen provides a simple no questions asked cancellation link.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Lymbix Inc, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Lymbix Inc service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Lymbix Inc reserves the right to refuse service to anyone for any reason at any time.
5 Modifications to the Service and Prices
Lymbix Inc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the ToneADay Site (ToneADay.com) or the Service itself. Lymbix Inc shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
The contents of ToneADay by Lymbix Inc website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
7 Change of Use
ToneADay by Lymbix Inc reserves the right to:
6.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that ToneADay by Lymbix Inc shall not be liable to you for any such change or removal and.
6.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
8 Links to Third Party Websites
ToneADay by Lymbix Inc Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
8.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to ToneADay by Lymbix Inc or otherwise used by ToneADay by Lymbix Inc as permitted by law.
8.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
10 Disclaimers and Limitation of Liability
9.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
9.2 To the extent permitted by law, ToneADay by Lymbix Inc will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
9.3 ToneADay by Lymbix Inc makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
9.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of ToneADay by Lymbix Inc for death or personal injury as a result of the negligence of ToneADay by Lymbix Inc or that of its employees or agents.
You agree to indemnify and hold ToneADay by Lymbix Inc and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against ToneADay by Lymbix Inc arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
13 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of Canada and you hereby submit to the exclusive jurisdiction of Canadian courts.
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