Mailwizards.ca, Inc. ("Mailwizards.ca") provides small businesses and organizations with a variety of products and related tools and resources including:
It is understood that video created through campaigns for Mailwizards.ca is allowed only for email and online campaigns. External offline use such as television commercials must be negotiated separately.
Mailwizards.ca's Products may not be used for the sending of unsolicited email (sometimes called "spam") or for the hosting of illegal or prohibited content. See our Anti-Spam Policy, which is incorporated into these Terms and Conditions of Use by reference.
The following are the terms and conditions of use for access to this web site and use of the Products. By clicking the ‘I accept' button on the sign-up page, by logging in to your Mailwizards.ca account, by accessing this web site or by accessing the Mailwizards.ca services via any API interface, you accept these Terms and Conditions of Use.
1. Copyright and Trademark Information
Copyright © 2011 Mailwizards.ca, Inc. All Rights Reserved.
This web site, and the information which it contains, is the property of Mailwizards.ca and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "Mailwizards.ca" and the Mailwizards.ca logo are registered trademarks of Mailwizards.ca under the applicable laws of the United States and/or other countries. Other Mailwizards.ca product or service names or logos appearing in this web site are either trademarks or registered trademarks of Mailwizards.ca and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of Mailwizards.ca's trademark or other intellectual property rights concerning that name or logo.
2. Products – Terms and Conditions
If you are accessing or using the Products through a third party service or web site (a "Third Party Service"), you agree and acknowledge that Mailwizards.ca is not responsible or liable for any actions of such third party or for any aspect or result of such Third Party Service. You use such Third Party Service at your own risk. You further agree and acknowledge that Mailwizards.ca may terminate such Third Party Service's ability to interact with the Products at any time, with or without notice, and in Mailwizards.ca's sole discretion, with no liability to you or to the third party.
3. Representations and Acknowledgements
Subject in each case to the terms listed in the remainder of this Agreement, you hereby represent, acknowledge and agree that:
4. Fees and Payment; Fee Schedule; Free Trial
4.1 Fees for the Email Marketing Product. For the Email Marketing Product, once you have completed your free trial period or you have exceeded the free subscriber or contact limit, you will be subject to monthly subscription fees in accordance with the pricing schedule and related information (the "Fee Schedule"). The fees are based on the highest number of subscribers or contacts in your account at any time during the previous month. For purposes of this Agreement, each unique email address will count as one subscriber or contact. In addition, if you have more than 50,000 subscribers or contacts in your account, per message fees will be incurred when the number of messages you send in a month exceeds four times the maximum number of subscribers or contacts allowed in your current pricing tier. You will be required to submit payment monthly in advance for the Email Marketing Product (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for the Email Marketing Product. Access to the Email Marketing Product will be disabled until payment is received. Fees will be billed monthly or your pre-paid account will be debited monthly for the Email Marketing Product, even if you are not actively using the Email Marketing Product. The Email Marketing Product may also be subject to per message and certain overage charges.
4.2 Fee Schedule; Discounts. You are responsible for reviewing the price guide on our main site from time to time and remaining aware of the fees charged by Mailwizards.ca and any applicable discounts. The Fee Schedule, including subscriber or contact levels, survey response levels, event registrant levels, prices and any discounts, is subject to change at any time in Mailwizards.ca's sole discretion. Mailwizards.ca will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case Mailwizards.ca's standard rates will apply. Mailwizards.ca may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account. Repeated uploading and removing of unique email addresses in an attempt to circumvent Mailwizards.ca's Fee Schedule and billing procedures is prohibited.
4.3 Payment; State, province and Local Sales Tax. Payment for Products will be made by a valid credit card accepted by Mailwizards.ca. Checks will be accepted for prepayments of at least six (6) months. Fees are payable in Canadian dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Mailwizards.ca to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period and continuing until such time as your account is terminated. If Mailwizards.ca is for any reason unable to effect automatic payment via your credit card, Mailwizards.ca will attempt to notify you via email and your Mailwizards.ca account will be disabled until payment is received. Amounts paid for the Products, including prepayments, are not refundable. Mailwizards.ca is required to collect and remit sales tax from its customers located in state and local jurisdictions where software delivered as a service is taxable and where Mailwizards.ca maintains a physical presence. Mailwizards.ca determines your local taxing jurisdiction based on the billing address that you list in the "My Account" section of your account.
5. Email, Permission Practices, Image Hosting and Prohibited Content
5.2 Permission Practices. You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of the Products. If you have used the Mailwizards.ca feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, publicly available press or media addresses or spam or unsolicited email addresses. You cannot copy a Mailwizards.ca template or any other features or functionality from the Products and use them for any purpose other than sending email messages from the Products. This restriction also applies to customized templates prepared by Mailwizards.ca's professional services group. Emails that you send through the Products may generate spam complaints from recipients. As a matter of privacy, Mailwizards.ca cannot share with you the email addresses of those who complain about your emails. You are responsible for ensuring that your emails do not generate a number of spam complaints in excess of industry norms. Mailwizards.ca, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Mailwizards.ca will terminate your use of its Products if Mailwizards.ca determines that your level of spam complaints is higher than industry norms (as determined by Mailwizards.ca).
5.3 Footers. For every email message sent in connection with the Products, you acknowledge and agree that Mailwizards.ca may add an identifying footer stating "Email Marketing by Mailwizards.ca," "Powered by Mailwizards.ca" or a similar message.
5.4 Documents and Images. Documents and images hosted by Mailwizards.ca on Mailwizards.ca controlled servers may only be used in connection with the Products and for no other purpose whatsoever. To the extent you use images provided by Mailwizards.ca, Mailwizards.ca hereby grants to you a limited, non-exclusive, non-transferable right to use the images in an unaltered state solely in connection with your use of the Products.
5.5 Prohibited Content. Mailwizards.ca prohibits the use of the Products or web site by any person or entity that:
5.6 Right to Disable Access or Remove Content. Mailwizards.ca, at its own discretion, may immediately disable your access to the Products or remove all or a portion of your content, without refund, if Mailwizards.ca believes in its sole discretion that you have violated any of the policies listed above or this Agreement.
6. Mailwizards.ca Community
You agree that you are responsible for your own use of the Mailwizards.ca Community, for any posts you make, and for any consequences thereof. You agree that you will use the Mailwizards.ca Community in compliance with all applicable local, provincial or state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all Canadian and United States export control laws. You agree to abide by the Terms and Conditions of use and the rules and restrictions therein. The Mailwizards.ca Community Terms and Conditions of Use are incorporated by reference into this Agreement. Mailwizards.ca may, in its sole discretion, modify or revise the Mailwizards.ca Community Terms and Conditions of Use at any time, and you agree to be bound by such modifications or revisions. Violation of any of the foregoing, including the Mailwizards.ca Community Terms and Conditions of Use may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Mailwizards.ca reserves the right, but shall have no obligation, to investigate your use of the Mailwizards.ca Community in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request. Much of the content of the Mailwizards.ca Community, including, without limitation, the contents of specific postings, profiles, blogs, images, audio files, and videos, is provided by and is the sole responsibility of the person or people who made such postings. Mailwizards.ca does not regularly monitor the content of the Mailwizards.ca Community, so please review the Mailwizards.ca Community Terms and Conditions of Use for acceptable behavior in the Mailwizards.ca Community. The Mailwizards.ca Community is intended to provide Mailwizards.ca customers with the opportunity to exchange useful information. Mailwizards.ca does not edit any postings, and does not pre-screen or review every posting. You agree that Mailwizards.ca is not responsible for the content of any postings in the Mailwizards.ca Community and has no duty to correct any erroneous statements on any part of the Mailwizards.ca Community.
9. Restrictions and Responsibilities
9.1 No Rights in Software. This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products ("Software"); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.
Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by Mailwizards.ca in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.
9.2 Permitted Use of the Products.The Products shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Products in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Products, then you hereby covenant that, prior to engaging in such activities, you will first request that Mailwizards.ca perform such work at its standard professional services rates. Mailwizards.ca can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
9.3 Compliance with Laws; Monitoring. You shall use the Products only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and regulations thereunder and all other applicable U.S., state, local and international laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws). Although Mailwizards.ca has no obligation to monitor the content provided by you or your use of the Products, Mailwizards.ca may do so and may block any email messages, remove any such content, including surveys or event registrations, or prohibit any use of the Products that Mailwizards.ca believes may be (or is alleged to be) in violation of the foregoing.
9.4 Your Information. In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Mailwizards.ca. Mailwizards.ca may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Products as a result of solicitation by a marketing partner of Mailwizards.ca, Mailwizards.ca may share your information with the marketing partner and the marketing partner may share related information with Mailwizards.ca. Except as described above. Mailwizards.ca will not provide your information, including your contact and account information, to third parties who you have not authorized to receive such information, except (i) as required by law or court order, including without limitation judicial process and law enforcement, or in the good-faith belief that such action is necessary to comply with law or a court order or (ii) if your Mailwizards.ca account was terminated due to unsolicited commercial email being sent from your Mailwizards.ca account. Mailwizards.ca will never sell or rent your contact lists to anyone without your permission, and will never utilize your subscriber or contact list for internal marketing or promotional purposes or for any purpose other than providing the service. Mailwizards.ca acknowledges your ownership right in your contact lists. In the event Mailwizards.ca amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.
9.5 Intellectual Property Matters. You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the Products that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Products, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to Mailwizards.ca or to any third party using the Products, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to Mailwizards.ca by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept, invention or content to Mailwizards.ca by email or use any business information, idea, concept, invention or content in connection with the Products, you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, Mailwizards.ca a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner. The foregoing license grant shall not apply to your contact lists and the content you deliver to or through the Products ("Customer Information") and you hereby separately grant to Mailwizards.ca a revocable, non-exclusive, royalty-free, worldwide license, with the right to sublicense, to use, reproduce, publish, distribute, perform, and display the Customer Information only as required by Mailwizards.ca to offer and operate the Products and related services, including available offerings from third parties.
You may terminate this Agreement at any time by calling Mailwizards.ca Customer Support. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND MAILWIZARDS.CA IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.
Mailwizards.ca may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Mailwizards.ca shall have no liability to you or any third party because of such termination or action.
Mailwizards.ca may delete any of your archived data within 30 days after the date of termination. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign. Mailwizards.ca will provide upon request the list of unsubscribe requests from your account. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement.
All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If your account is classified (at Mailwizards.ca's sole discretion) as inactive for over 120 days, Mailwizards.ca has the right to permanently delete your subscriber data. Mailwizards.ca will use good faith efforts to contact you via email prior to taking any permanent removal actions.
You hereby agree to defend, indemnify and hold harmless Mailwizards.ca and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute or events you host using the Products or (iii) arises from your activities or postings on the Mailwizards.ca Community, (iv) arises from your activities related to Mailwizards.ca University, (v) otherwise arises from or relates to your use of the Products. In addition, you acknowledge and agree that Mailwizards.ca has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In addition, In the event that Mailwizards.ca is required to respond to a third party or law enforcement subpoena that is related to your use of the Products, Mailwizards.ca may in its sole discretion require you to reimburse Mailwizards.ca for its reasonable expenses associated with complying with such subpoena.
12. Warranty Disclaimer; Remedies
USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. MAILWIZARDS.CA DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND MAILWIZARDS.CA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Products shall be for Mailwizards.ca to use commercially reasonable efforts to adjust or repair the Products.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MAILWIZARDS.CA OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "MAILWIZARDS.CA") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF MAILWIZARDS.CA SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, MAILWIZARDS.CA IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF MAILWIZARDS.CA TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY MAILWIZARDS.CA TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
14. Restricted Persons; Export of Products or Technical Data
You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Products is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which Canadian or U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; or Canadian equivalent(2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify Mailwizards.ca within twenty-four (24) hours, and Mailwizards.ca shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to Mailwizards.ca.
You agree that you shall not utilize the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from Canada or the United States or allow the export or re-export of the Products, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
15. Third-Party Web Sites and Services
16. Monitoring Communications
You understand, agree and acknowledge that Mailwizards.ca may in its discretion, but is not obligated to, monitor or record any of your telephone conversations with Mailwizards.ca for quality control purposes, for purposes of training its employees and for its own protection. You acknowledge and understand that not all telephone lines or calls are recorded by Mailwizards.ca, and Mailwizards.ca does not guarantee that recordings of any particular telephone calls will be retained or capable of being retrieved.
17. No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Mailwizards.ca of that third party or of any product or service provided by a third party.
18. Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from this web site or the Products infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from this web site or the Products by contacting Mailwizards.ca's copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. Your name, address, telephone number and (if available) email address. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf. A signature or the electronic equivalent from the copyright holder or authorized representative. Mailwizards.ca's agent for copyright issues relating to this web site and the products is as follows:
Tim McLarty 68 Broadview Avenue, Ste 407, Toronto, Ontario Canada M4M 2E6 email@example.com
In an effort to protect the rights of copyright owners, Mailwizards.ca maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
19. Username and Password
You are responsible for maintaining the security of your account, passwords, and files. Mailwizards.ca will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by Mailwizards.ca in its discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Products. Mailwizards.ca has no knowledge of your organizational structure, if you are registering for the Products as an entity, or your personal relationships, if you are a person. Mailwizards.ca shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information.
20. Forward-Looking Statements
You acknowledge that this web site contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 regarding Mailwizards.ca. These forward-looking statements regarding Mailwizards.ca are made as of the date they were first issued and were based on current expectations, estimates, forecasts and projections as well as the beliefs and assumptions of Mailwizards.ca management. Words such as "expect," "anticipate," "should," "believe," "hope," "target," "project," "goals," "estimate," "potential," "predict," "may," "will," "might," "could," "intend," variations of these terms or the negative of these terms and similar expressions are intended to identify these forward-looking statements. Forward-looking statements are subject to a number of risks and uncertainties, many of which involve factors or circumstances that are beyond Mailwizards.ca's control. Mailwizards.ca's actual results could differ materially from those stated or implied in forward-looking statements due to a number of factors, including those risk factors contained in documents that may be filed by Mailwizards.ca from time to time with the Securities and Exchange Commission, including but not limited to Mailwizards.ca's Annual Report on Form 10-K and Quarterly Reports on Form 10-Q. Past performance is not necessarily indicative of future results. Mailwizards.ca undertakes no intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
21.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
21.2 Mailwizards.ca and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
21.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Mailwizards.ca in any respect whatsoever.
21.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
21.5 The Agreement shall be governed by the laws of the province of Ontario, Canada without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the provincial, state or federal courts located in Toronto, Ontario, Canada.
If you have any questions about the rights and restrictions above, please contact Mailwizards.ca by email at firstname.lastname@example.org
Copyright ©2011, Mailwizards.ca, Inc. All Rights Reserved.