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Terms of Use

Introduction

PLEASE READ THE FOLLOWING WEBSITE TERMS OF USE CAREFULLY BEFORE USING THE MANAGED.COM WEBSITE.

This Terms of Use (“Terms”) governs your access to and use of Managed.com's website and any related web pages, content, blogs, and any applications connecting thereto or accessible therein (collectively, the “Site”). The Site is owned and operated by HostPapa, Inc. (“Managed.com,” “we,” “us,” “our,” and “ours”).

The Site is provided for informational purposes only. No products or services are offered for sale through the Site.

These Terms apply to all users of the Site, including without limitation, visitors and contributors of content (collectively “you,” “your” or “yours”). If you access and use the Site, you accept and agree to be bound by and comply with these Terms and our Privacy Notice. If you do not agree to these Terms or our Privacy Notice, you are not authorized to access the Site or use any of the Site's resources.

Any changes we make to these Terms will be effective immediately upon notice, which we may provide by any means including, without limitation, posting updated Terms on the Site. Your continued use of the Site after such notice will be deemed acceptance of such changes. You should check these Terms periodically to ensure you are referencing the most current version.

Translations

Any translations of these Terms are provided as a courtesy. Should there be any differences or discrepancies between the English Terms and any translations, the English Terms take precedence.

Use of Our Site

  1. You agree to use our Site for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age and are otherwise recognized as being able to form legally binding contracts under applicable law.
  2. You agree not to use our Site to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our Site's network or security features or to gain unauthorized access to our systems.
  3. You agree to provide us with accurate personal information, such as your email address, mailing address, and other contact details in order to gain access to resources on the Site (e.g., videos, white papers, etc.), or to contact you as needed. All personal information we collect will be treated in accordance with our Privacy Notice.

General Conditions

  1. We reserve the right to make any modifications to the Site and its content, including terminating, changing, suspending, or discontinuing any aspect of the Site and its content at any time, without notice.
  2. We may change these Terms from time to time and at any time, without notice. Any changes will be effective as of the publication date (visible at the top of this page). It is your responsibility to review these Terms regularly. Your continued use of the Site after the changes come into effect will be deemed as agreement to abide by the revised Terms.
  3. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our Site or for any content, feature, or service offered through our Site.

Links to Third-Party Websites

The Site may contain content, information, and links to third-party providers and their websites (“Third-Party Information”). You may be subject to additional and/or different terms, conditions, and privacy policies when using or accessing Third-Party Information. Managed.com is not responsible for, disclaims all liability for, and makes no representations or warranties for Third-Party Information. Although we do not have an obligation to do so, we reserve the right to pre-screen Third-Party Information.

Your Comments

  1. You may submit comments, suggestions, and feedback (“Comments”) to Managed.com through the contact information provided on the Site. You agree with respect to any Comments you provide, that: (i) we have no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) we may use, disclose, distribute, or copy such Comments and may use any ideas, concepts, or know-how contained in such Comments for any purpose and without restriction or obligation to you and without payment of any royalties to you; and (iv) such Comments are truthful and do not violate the legal rights of others.
  2. You further agree that your Comments will not be unlawful, abusive, or obscene nor will your Comments contain any malware or computer virus that could affect our Site's operations. You will be solely liable for any Comments that you make and their accuracy. We have no responsibility and assume no liability for any Comments posted by you or any third party.

Your Personal Information

Your personal information may be collected directly and indirectly through the Site. Please see our Privacy Notice to learn about how we collect, use, and share your personal information.

If you have questions or concerns about our privacy practices, or wish to exercise any rights available to you under applicable data protection law, you may contact: Managed.com Privacy Office at [privacy@managed.com.]

Site's Accuracy

  1. Managed.com updates the information on the Site periodically. However, Managed.com cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Site.
  2. Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Site.

Disclaimer

  1. You assume all responsibility and risk with respect to your use of our Site.
  2. The Site is provided for use on an “AS IS” and “AS AVAILABLE” basis. Managed.com and its subsidiaries, affiliates, and agents and its officers, directors, employees, contractors, suppliers, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, with regard to information accessed from or via our Site. This includes, without limitation, all content and materials, and functions and services provided on our Site. All of these are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness, or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability, or fitness for a particular purpose.

Limitation of Liability

  1. You use our Site at your sole risk and you assume full responsibility for any costs associated with your use of our Site. We will not be liable for any damages of any kind related to the use of our Site, except as set out below.
  2. Managed.com and its subsidiaries, affiliates, and agents and its officers, directors, employees, contractors, suppliers, agents, partners, and licensors will not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our Site or the content, material, or functionality of our Site, even if we are advised of the possibility of such damages.
  3. In jurisdictions where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases, our aggregate liability will be limited to the fullest extent permitted by applicable law. Any cause of action arising out of or related to the Site must be commenced within one (1) year after the cause of action arises, or such action will be permanently barred, except where a longer period is required by applicable law.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our gross negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

Indemnification

You shall indemnify, defend, and hold Managed.com and its subsidiaries, affiliates, and agents and its officers, directors, employees, contractors, suppliers, agents, partners, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments, and expenses (including reasonable attorneys' fees), arising out of or in connection with any claim, action, or proceeding (collectively, “Claims”) arising out of or related to any act or omission by you in using the Site, including but not limited to your violation of these Terms or infringement of any third-party proprietary rights by you.

Entire Agreement

These Terms set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us regarding your use of the Site.

Waiver

No waiver of any part of these Terms will be deemed to be a waiver of any other provision. No term of these Terms will be deemed to be waived by reason of any previous failure to enforce it. No term of these Terms may be waived except in a writing signed by the party waiving enforcement.

Interpretation

The headings used in these Terms are for convenience of reference only. No provision of these Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout these Terms, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation.”

Severability

Should any provision of these Terms be held to be invalid or unenforceable by a court or tribunal of competent jurisdiction, that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.

Governing Law

Unless otherwise required by applicable mandatory law, these Terms, and all issues related to the subject matter thereof, will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to any conflicts of law provisions.

If you are accessing the Site as a consumer resident in the European Union, the United Kingdom, or Canada, nothing in these Terms affects any mandatory statutory rights or protections you have under the law of your country of residence, and this section does not deprive you of the protection of any provisions that cannot be derogated from by agreement under that law.

How to Contact Us

If you have any questions about these Terms, please contact us at:

Managed.com

Attn.: Legal Department

[legal@managed.com]

5063 North Service Road, Suite 102, Burlington, ON L7L 5H6, Canada