Terms of Use
The following are the terms and conditions (the “Terms”) for the use of the 604 Company® web site (the “Site”), 604 Company® Services, and related material.
1. General
With each visit to the Site you signify your agreement to these Terms.
604 Company E-Services Ltd. and its suppliers own the 604 Company® trade name, brand and trademark and websites. Hereafter, 604 Company® means 604 Company E-Services Ltd.
604 Company® 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 604 Company® or the Site, including any portion thereof.
604 Company® Services is defined as any 604 Company® service.
If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or 604 Company® Material.
2. Use of 604 Company® Material and 604 Company® Services
A. Generally
You agree not to use any 604 Company® Material and 604 Company® 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.
Final Document is defined as the finished legal document or legal document products or other documents created through the use of a 604 Company® product. You are granted a Licence when you enter into a free trial, have a subscription or pay for access to a product.
Any Licence granted is subject to the Terms and entitles you to:
i. use Final Documents of the products as specified by the Terms only.
ii. make electronic copies of each Final Document for your personal use.
iii. make necessary mechanical copies (e.g. printed or photocopied) of the Final Documents for your personal records and as required for completion of the specific transactions for which the Final Documents are intended.
604 Company® 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.
To access products, you must provide credit card details to 604 Company® as required by the Site. 604 Company® will charge credit cards in accordance with displayed pricing in return for access to products and lawful services and if subscriptions are not cancelled before the specified time period.
3. Legal Advice, Information and Decision Making Responsibility
604 Company® is not a law firm and does not provide Legal Advice (as defined below). Your use of 604 Company® Material or any 604 Company® Services does not create a solicitor-client relationship between you and 604 Company®.
You agree that all decisions you make on legal matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.
You agree that 604 Company® does not provide Legal Advice. If you receive any communication from 604 Company®, its agents, its employees or any other associated entity, which is Legal Advice, you agree that it is NOT a communication authorized by 604 Company® and you agree to immediately delete and disregard it.
Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of 604 Company® Material, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any 604 Company® Material.
For the purposes of these Terms, Legal Advice is defined to include the following:
any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney;
advice on which legal document or documents you need or are best for your situation;
determining the legal consequences that will or could result from how you have created your legal document whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;
whether you have omitted any necessary provisions or details from your legal documents; and
whether you require any additional legal documents or legal procedures.
4. 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 604 Company® Material nor will you utilize 604 Company® 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 604 Company® 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. The appointed individual may not be changed without prior consent of 604 Company®.
604 Company® retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or 604 Company® Material or 604 Company® Services at its discretion.
5. Assignment
This agreement cannot be assigned.
6. Intellectual Property
All copyright, trademarks (including its distinguishing guise and/or trade dress), and other intellectual property rights (registered and unregistered) of 604 Company® Material belong to 604 Company® and its suppliers. 604 Company® reserves all of its rights in the 604 Company® Material. Nothing in the Terms grants you a right or licence to use any intellectual property rights owned or controlled by 604 Company® or any other third party except as expressly provided in these Terms.
In addition, 604 Company® Material, contains information and intellectual property that is selected and organized by 604 Company® and represents significant work made by 604 Company®. Nothing in the Terms should be construed as granting any licence or right to use any 604 Company® Material or intellectual property displayed or used in any 604 Company® Material except as expressly provided in the Terms.
You agree to the following:
the 604 Company® Material is the property of 604 Company® and its suppliers;
you will not use the 604 Company® Material for any purpose other than is expressly permitted in these Terms;
you will not distribute in any medium any 604 Company® Material without 604 Company® prior written authorization or as expressly provided these Terms.
any distribution or past distribution of any 604 Company® 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 604 Company® 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.
604 Company® shall have the right to represent its suppliers in any dispute.
7. Limited Warranties
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, 604 Company® Material and 604 Company® Services are provided “as is” without any kind of warranty.
You accept full responsibility for determining whether 604 Company® Material and 604 Company® Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.
604 Company® does not authenticate users’ signatures or identities. 604 Company® electronic signature functionality does not track IP addresses, include digital certificates, use a certification authority nor any other third party verification. You accept full responsibility for determining whether an electronic signature is suitable for any particular purpose.
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 604 Company® Material and 604 Company® Services, or for inaccessibility of 604 Company® Material and 604 Company® Services whether from errors or omissions in the content of 604 Company® Material and 604 Company® Services or any other linked sites or for any other reason. Use of 604 Company® Material and 604 Company® Services is at your own risk.
604 Company® does not represent or warrant that 604 Company® Material, the Site or any linked sites are free of any harmful materials.
8. Maximum Liability
Except as expressly provided in these Terms or where prohibited by law, the maximum liability of 604 Company® is the amount paid to 604 Company® by the customer; however, where 604 Company® has provided a service, the maximum liability of 604 Company® for any 604 Company® Services is the portion of the amount paid to 604 Company® by the customer specifically for the 604 Company® Services as calculated by 604 Company®.
9. Annual Subscriptions and Renewals
604 Company® has no obligation to refund renewals unless you notify us in writing at least 30 days before your renewal date that you want to cancel. Annual subscriptions are non-refundable once activated.
10. Client Privacy
You consent to 604 Company® using your personal information according to its Privacy Policy that can be found at Privacy Policy.
11. Terms and Headings
All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting 604 Company® Material should it be judicially found that the conflicting 604 Company® Material is legally relevant to this Agreement under law.
12. Indemnification
Except where prohibited by law, you agree to indemnify and hold 604 Company®, 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 604 Company® Material or 604 Company® Services.
13. Governing Law
Except where prohibited by law, the Terms are governed by the laws of the Province of British Columbia, Canada. Except where prohibited by law, you irrevocably attorn to the exclusive jurisdiction of the courts of Vancouver, British Columbia, Canada.
14. Binding Arbitration
Subject to exceptions specified herein, if you and 604 Company® 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, 604 Company® will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in the City of Vancouver, Province of British Columbia, 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: 604 Company® 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.
15. 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.
16. Modification of the Terms
Except that you must be informed in a reasonable manner regarding any pricing increase, 604 Company® 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 604 Company® officer.
17. 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.
18. Waivers
No failure or delay, on the part of 604 Company®, in exercising any right or power under these Terms will operate as a waiver of such right or power.
19. 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 604 Company E-Services Ltd. notwithstanding any:
a. 604 Company® Material other than this Agreement,
b. communication between you and 604 Company®, including telephone, email and online chat assistance, or
c. announcements, newsletters or promotional materials from 604 Company®.