This site is operated by OneMove Online Systems Inc. The parties to this Agreement will be OneMove Online Systems Inc. and an individual or organization referred to in this Agreement as the “User”. If you have any questions or concerns about these terms and conditions, please contact OneMove Online Systems Inc. at info@econveyance.com or 1-866-326-6839 (1-866-ECONVEY) 1. OneMove Online Systems Inc. is willing to provide the OneMove econveyance Systems and OneMove Services only on the terms and conditions set out below, unless it otherwise agrees in writing. 1. “Digital Signature” means the User’s digital signature or the digital signature of any third party provided by the User and used in conjunction with the OneMove Services or this web-site. 2. “Indemnified Parties” means OneMove and its respective directors, officers, employees, and members or any combination thereof. 3. “OneMove” means OneMove Online Systems Inc. 4. “OneMove econveyance Systems” means the software, hardware tutorials, walk-through and business processes used to provide the OneMove Services and to any intellectual property rights therein 5. “OneMove Service Fee” means any fee charged by OneMove for the access and services provided. 6. “OneMove Services” means the electronic conveyance services provided by OneMove . 7. “OneMove Trusted User Identification” means the identification name(s), number(s) and/or password(s) provided by OneMove to a User to access the OneMove Services under a User Account. 8. “Terms” means the terms and conditions set out in this Agreement governing the provision and use of the Web-site and the OneMove Services. 9. “User” means the individual who or the organization that is using the OneMove Services or the Web-site. 10. “User Account” means an account established by OneMove for the User. 11. “User Profile” means the recorded profile for the User based on the information provided by the user to OneMove in application for a User Account. 12. “Web-site” means www.econveyance.com operated by OneMove . 1. The User shall: 1. provide OneMove with accurate and complete information as requested in and submitted through a web-based questionnaire to complete the User Profile; 2. notify OneMove of any change in the information provided to OneMove or of any misuse or potential misuse of the OneMove Trusted User Identification or User Profile within ten (10) days of such changes or information becoming known to the User; 1. The User hereby: 1. consents to OneMove using and storing any information the User provides to OneMove to fulfill the purposes of this Agreement; 2. acknowledges and agrees that OneMove has the right, but not the obligation, to validate any information the User discloses to OneMove ; 3. acknowledges and agrees that the establishment of a User Account and User Profile does not entitle the User to use any other software application or service. If the User wish to obtain access to any other software application or service, the User must enter into a separate agreement with the respective software application or service provider. In particular, the User acknowledges and agrees that the User is solely responsible to ensure that the software applications or services are suitable for the User’s needs and that each of the software applications or service providers has agreed to deal with the User’s personal information in a manner acceptable to the User; 4. covenants that all information the User provides to OneMove under this Agreement, including any statements made verifying the identity of staff is true, will be accurate and complete; 5. covenants to take all reasonable steps to preclude any third party access to any confidential User Profile information or the OneMove Trusted User Identification. Such reasonable steps include, but are not limited to, 1. maintaining in strict confidence any password that limits access to OneMove software applications or is used to establish the User’s identity in communications with OneMove ; 2. restricting access to the computer on which it is installed; and 3. ensuring any such software application is turned off when not in use or in attendance by the User. 6. acknowledges and agrees that OneMove , in its sole discretion, may: 1. refuse to establish a User Profile and/or User Account, or 2. cancel the User Account and/or access to the OneMove Services, if it determines that the OneMove Services have been or may be misused by the User or any third party who has obtained access to the User’s OneMove Trusted User Identification; 2. The User hereby confirms that the User is not a minor. If the User permits a minor to use the OneMove Services, the User hereby warrants and represents to OneMove that the minor has the User’s consent and/or parental or guardian consent to do so. 1. OneMove shall: 1. if being satisfied upon a review of the information submitted by the User, establish a User Account and a User Profile; 2. provide the User with the OneMove Trusted User Identification to enable the User to access the OneMove Services; 3. provide the User with information from time to time regarding the software applications and services of OneMove's associated suppliers ;and 4. subject to the terms of this Agreement, protect any information that the User provides in a manner consistent with the applicable legislation and in accordance with the OneMove Protection of Privacy policies as amended from time to time which are available for review on the Web-site. 1. OneMove Services are proprietary to OneMove and its suppliers and nothing in this Agreement transfers any right, title or ownership in the OneMove econveyance Systems or to any intellectual property rights therein. 2. If OneMove establishes a User Account and provides the User with OneMove Trusted User Identification, OneMove grants the User a limited, non-exclusive, non-transferable, and revocable right to use and access the OneMove econveyance Systems solely to the extent necessary to enable the User to fulfill the User’s obligations and access the OneMove Services under this Agreement. 3. The User acknowledges the ownership of OneMove to the OneMove econveyance Systems and shall not reproduce, decompile, disassemble, or reverse engineer any item of the OneMove econveyance Systems or make any attempt whatsoever to do so. 1. OneMove and its officers, directors, employees or agents provide the OneMove Services strictly on an “as is” basis. 2. OneMove does not make any representations or warranties, either express or implied, with respect to the OneMove Services, including but not limited to: 1. the condition of the software applications; 2. whether the version of the applications are current; or 3. the availability, completeness, usefulness, accuracy, operation or fitness of the applications or OneMove Services. 3. OneMove does not represent or warrant that the OneMove Services will be available to meet the User’s requirements, or that there will be no delays, failures, errors or omissions 1. OneMove does not provide an endorsement of or approval of the advice, opinions, information, products or services of any third parties noted on the Web-site. 1. As with communication via any medium, any unprotected e-mail communication via the Internet is not confidential and subject to possible interception, loss or alteration. OneMove is not responsible for and will not be liable to the User or anyone else for any damages in connection with an e-mail sent by the User to OneMove or an e-mail sent by OneMove to the User or anyone else at the User’s request. 1. Links to or from web-sites outside the Web-site, including downloadable software sites, are provided to the User for convenience only. OneMove does not review, endorse, approve or control and is not responsible for any web-site linked to or from the Web-site, including the content of those web-sites or the third parties associated with those web-sites. 2. If the User links to any other web-site from the Web-site, the User does so at its sole risk. 3. If the User elects to download software applications from such web-sites, the User acknowledges that this Agreement is not applicable to the use of any such software as the terms of the license agreement, if any, which accompanies that software governs its use. 1. This Article eliminates any and all liability of OneMove and requires the User to assume the full risk relating to any use of OneMove Services or this Web-site. Please read this article carefully. 2. OneMove is not responsible for and will not be liable for any damages whatsoever, including but not limited to direct, indirect, consequential, incidental, exemplary, special or punitive damages, arising out of or in connection with the use of the OneMove Services by the User or any action or decision made by the User in reliance on this Web-site or the OneMove Services, or any other person relying on information generated by the User from the Web-site or the OneMove Services even if OneMove has been advised of the possibility of such damages. 3. If the User is dissatisfied with the OneMove Services, the User’s sole remedy shall be to terminate the Agreement and discontinue using the OneMove Services. 1. The User agrees to indemnify and save harmless any of the Indemnified Parties for any costs (including settlement and legal or other professional fees), damages, expenses, losses, and liability that they incur as a result of any claim, suit, action or other proceeding brought against any of the Indemnified Parties, that is based on or arises from 2. 1. the User’s intentional misuse of OneMove Services or the Web-site, or 2. the negligent acts, errors, or omissions of the User that enable a third party to misuse, or to continue to misuse, a Digital Signature, OneMove Trusted User Identification, a User Account or information recorded in a User Profile. 1. OneMove reserves the right to charge a fee for the OneMove Services. 1. The User acknowledges that OneMove may modify the terms and conditions of this Agreement in its sole discretion at any time by posting a revised version of the Agreement on the Web-site or otherwise making the revisions available for the User’s review together with reasonable notification to the User. 1. The User may terminate this Agreement simply by discontinuing use of the OneMove Services or by providing notice of its intention to discontinue use. 2. The User will pay all unpaid OneMove Service Fees within thirty (30) days of termination. 3. OneMove may terminate this Agreement immediately without any notice of its decision to terminate. OneMove may, in good faith, provide the User notice of its intention to treat the Agreement as terminated by providing a description of the nature of the breach. 1. Any notice required or permitted to be given under this Agreement shall be in writing and shall be effective upon its delivery by courier or delivery by electronic mail to the last civic address or e-mail address provided by the recipient to the other party. 1. The User acknowledges, covenants and agrees that due to the proprietary nature of the OneMove Services, the provisions of this Agreement, including, without limiting the generality of the foregoing, the Limitation of Liability and Indemnity Provisions, will continue in full force and effect notwithstanding the termination of this Agreement by either OneMove or the User. 1. The User will not assign this Agreement, either directly or indirectly, without the prior written consent of OneMove. 2. No subcontract entered into by the User with any third party will: 1. relieve the User of the obligations under this Agreement; or 2. create any obligation or liability to any such subcontractor upon OneMove. 1. This Agreement shall be governed by and interpreted in accordance with the laws of British Columbia. 1. If a court of competent jurisdiction concludes that any provision of this Agreement is illegal, invalid or unenforceable, then it shall be severed from this Agreement and the remaining provisions shall remain in full force and effect. 1. The Agreement will be for the benefit of and binding upon the heirs, executors, representatives, administrators, successors and permitted assigns of the User. 1. DEEMED ACCEPTANCE OF THIS AGREEMENT
If the User selects the acceptance button at the bottom of these Terms, the User accepts and agrees to be bound by these Terms. If you do not agree to these Terms, do not choose the acceptance button.2. DEFINITIONS
3. USER OBLIGATIONS
4. USER ACKNOLEDGEMENTS AND COVENANTS
5. ONEMOVE OBLIGATIONS
6. OWNERSHIP
7. NO REPRESENTATIONS OR WARRANTIES
8. NO ENDORSEMENTS
9. INTERNET E-MAIL
10. LINKS AND SOFTWARE
11. LIMITATION OF LIABILITY
12. INDEMNITY
13. FEES
14. FUTURE AMENDMENT OF TERMS
15. TERMINATION
16. NOTICE
17. SURVIVAL
18. ASSIGNMENT
19. GOVERNING LAW
20. SEVERABILITY
21. ENUREMENT