1. PRODUCTS AND SERVICES

• ○
  Products and Services. Products and Services are as described on the Website, and shall collectively be referred to as “Services”. You understand and agree that some Services,  may become inaccessible or unavailable at any time and for any reason. Googify shall have no liability with respect to such inaccessibility or unavailability. 
• ○
  Additional Terms and Conditions. Additional terms and conditions may apply to purchases of certain Services or to specific portions or features of the Website. Such additional terms and conditions will be made available with the relevant Services, all shall be made a part these Terms and Conditions by this reference. You agree to  abide by such other terms and conditions. 
  
• ○
  Software Specific End User License Agreement. By installing Googify's software, You are assumed to agree to accept an End User License Agreement “EULA” located at www.googify.net/eula. If  You do not accept the terms of the EULA, do not continue to install or use the  software. By continuing to install or use the software You are agreeing to accept the  terms of the EULA. 
• ○
  Changes to the Services. Googify is constantly changing and improving its Services.  We may add or remove functionalities or features, and we may suspend or stop a  Service in accordance with the EULA.

2. INTELLECTUAL PROPERTY RIGHTS 

• ○
  Intellectual Property Rights. The Services and contents of the Website (“Content”)  are owned by Googify and/or its licensors and are protected by applicable domestic and  international copyright trademark, service mark, patent or other proprietary rights and  laws. You are strictly prohibited from and shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or  based upon, distribute, post, publicly display, frame, link, or in any other way exploit any portion  of the Services or the Contents, in whole or in part, other than for the specific intent of  promoting, marketing or purchasing the Services. Any rights not expressly granted to You are reserved. Any violation of copyright laws may result in severe penalties. Violators will be prosecuted to the maximum extent possible.

3. USE OF THE WEBSITE 

• ○
  Transmission of Personal Data. You acknowledge and agree that by providing Googify with any personal or proprietary user information through the Website, You consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Googify’s standard business practices. You should be aware that linked websites may contain transmission of personal data provisions that differ from the provisions provided herein. Googify is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. 
• ○
  Registration and Account. You may need an Googify’s account in order to access some of Googify’s Services. You may create your own Googify account, or your Googify account may be assigned to You by an administrator, such as your employer or educational institution. If You are using an Googify account assigned to You by an administrator, different or additional terms may apply and your administrator may be  able to access or disable your account. When registering your account, You must  provide accurate and complete information as requested, including a valid email  address. 
• ○
  Username/Password. Googify may issue You a username and/or password or login code for access to certain portions of, or services provided via the Website. You must  hold and secure any such username or password as strictly confidential. Accordingly,  You shall not allow other persons access to, or use of such username or password.  Googify shall not be responsible whatsoever in the event that your password is  misappropriated by a third party. You must notify Googify immediately of any breach of  security or unauthorized use of your account. Although Googify will not be liable for your losses caused by any unauthorized use of your account, You may be liable for the  losses incurred by Googify or others due to such unauthorized use. 
  Use of Cookies. Googify reserves the right to store information on a user's computer in  the form of a "cookie" or similar file for purposes of modifying the Website to reflect  users' preferences. The Googify Privacy Policy provides additional information  regarding Googify’s use of cookies. 
• ○
  Use of Personal Contact Information Provided. Googify may use the personal contact information collected from You (email address, telephone number of postal  address) to contact You for customer service and survey purposes. We may also  use your contact information to send You marketing or promotional materials. You  may opt out of receiving promotional and/or marketing materials by following the  “Unsubscribe” link once You receive the first such communication from Googify. 
• ○
  No Misuse of the Services. Use of Services in Accordance with the Law. You  are prohibited from misusing the Services; by way of example, You may not interfere  with the Services or try to access them using a method other than the interface and  the instructions provided by Googify. You may not use the Googify Website in any manner  which could damage, disable, overburden, or impair the Googify Website or interfere  with any other party's use and enjoyment of the Googify Website. You may only use the  Services as permitted by law, including applicable export and re-export control laws  and regulations. Googify may suspend or stop providing our Services to You if You do  not comply with our terms or policies. 
• ○
  Third Party Content. The website may display some content that is not Googify’s. This  content is the sole responsibility of the entity that makes it available and Googify disclaims any responsibility therefor. Googify may review content to determine whether  it is illegal or violates Googify’s policies, and Googify may remove or refuse to display content that it reasonably believe violates Googify policies or the law. 
• ○
  Linked Sites. The Googify Website may contain links to other websites ("Linked Sites").  The Linked Sites are not under the control of Googify and Googify is not responsible for  the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Googify is not responsible for  webcasting or any other form of transmission received from any Linked Site. Googify is providing these links to You only as a convenience, and the inclusion of any link does  not imply endorsement by Googify of the site or any association with its operators.

4. PRICING AND PAYMENT

• ○
  Pricing. Googify Services are available at different price points as advertised on the Website. We reserve the right to change the pricing at any time. Furthermore, You understand and agree that in the event of an error in the pricing of Services at the time of purchase, Googify  may, within seven (7) days of the date of purchase, cancel any completed orders and provide You with a refund of payments made. 
• ○
  Recurring Fees. Payment for recurring fees will automatically be charged the regularly recurring subscriber fee until You cancel your subscription or until your  subscription is cancelled by Googify.  
  Payment Methods. Googify accepts variety of payment methods. Please be sure to provide the exact e-mail address, telephone number  and the billing address your financial institute has on file for you. Incorrect information may cause a delay in processing your order. In the event a Chargeback is performed,  you will be charged any fees and expenses incurred by Googify and/or any Third Party Services for each Chargeback received (including Fees for Googify Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
  Non-Payment. Googify reserves the right to withhold or de-activate related products or  services until such time as payment is received in full by Googify for all amounts owing  related to your account.

5. ​NO CANCELLATION OR REFUND POLICY 

• ○
  General. Googify does not provide any Cancellation or Refund on the sale of its Services. All sales are final and no refunds are provided.

6. ​LIMITED WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION

• ○
  Limited Warranty.  Googify warrants that Services will be provided using a commercially reasonable level of skill and care. 
• ○
  Limitation of Liability. By using the Website, You expressly agree that  use of the Website is at your sole risk. The Website is provided on an "AS IS" and  "as available" basis. Except as provided herein, Googify makes no express warranties and any implied warranties, including those of merchantability and fitness for a  particular purpose. Except as provided herein, Googify shall have no liability or  responsibility to You or any other person or entity with respect to any liability, loss or  damage caused directly or indirectly by use or performance of the Services, including, but not limited to, any damages resulting from inconvenience, loss of time,  data, property, revenue, or profit or any indirect, special, incidental, or consequential  damages, even if Googify has been advised of the possibility of such damages. Some states do not allow the limitations on how long an implied lasts or the exclusion of  incidental or consequential damages, so the above limitations or exclusions may not  apply to you. Notwithstanding anything to the contrary contained herein, Googify’s total liability to You with respect to any claims arising out of this Agreement shall be the  total fees paid by You to Googify during the three (3) month period immediately  preceding the time that the cause of action arose. 

7. ​CUSTOMER SERVICE AND SUPPORT

• ○
  General. Access to the Customer Service and Technical Support via email support@googify.net, Monday through Friday 8:00 am to 7:00 pm ET. Remote video meeting and/or remote desktop access may be needed under certain circumstances.

8.​GENERAL TERMS.   

• ○
  Notices. Notices by Googify to You may be given by means of a general posting at the Website. Notices (including questions, complaints, or legal notices) by You may be given by electronic messages or conventional mail, as follows: (i) Electronic mail (e-mail) must be sent to info@googify.net; (ii) Mail and courier deliveries must be sent to the address first set forth above. 
  
• ○
  Governing Law/Forum Selection. These Terms and Conditions are governed by the laws of the Province of Ontario, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts in Toronto,  Ontario in any and all claims or disputes arising out of, to enforce, construe, or  otherwise relating to these Terms and Conditions or this Website. 
• ○
  Written Agreement. These Terms and Conditions constitute a written agreement  between You and Googify. A printed version of these Terms and Conditions, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. Furthermore, You hereby waive any and all defenses  You may have based on the electronic form of these Terms and Conditions and the  lack of signing by the parties hereto to execute these Terms and Conditions. 
  
• ○
  Entire Agreement. These Terms and Conditions constitute the entire agreement  between You and Googify related to this Website. These Terms and Conditions supersede all prior written, oral, or electronic agreements between You and Googify  relating to this Website. 
• ○
  Limitation of Cause of Action. You and Googify agree that any cause of action arising out of or related to the Products or Services must commence within one (1) year after the cause of action arose or be forever barred. 
  
• ○
• Ability to Accept Terms of Service. You affirm that You are either more than 18  years of age and are fully able and competent to enter into the terms, conditions,  obligations, affirmations, representations, and warranties set forth in these Terms of  Service, and to abide by and comply with these Terms of Service. If You are under 18 years of age, then please do not use this Website. 
  
• ○
  Assignment. You may not assign your rights and obligations hereunder. However, Googify’s rights and obligations are fully assignable. 
• ○
  Modifications. Googify has the right to modify these Terms and Conditions and any policies affecting the Website. Any modification is effective immediately upon posting  to the Website. Your continued use of the Website shall be conclusively deemed an  acceptance of all such modification(s). If there is a conflict between these terms and  any modified or the additional terms, the modified or additional terms will  control. Your only right with respect to any dissatisfaction with any modifications  made pursuant to this provision, or any policies or practices of Googify in providing the  Website, including without limitation (i) any change in the Content, or (ii) any change  in the amount or type of fees associated with the Services, is to cancel your subscription in accordance herewith. Googify has the right to modify, suspend or  discontinue the Website or any portion thereof at any time. Googify may also impose limits on certain features and services or restrict your access to parts or all of the  Website without notice or liability. 
• ○
  Waiver and Severability. The failure of either party to exercise or enforce any right  or provision of these Terms and Conditions shall not constitute a waiver of such right  or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable  provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms  and Conditions shall continue in full force and effect. 
• ○
  Privacy Policy. It is Googify’s policy to respect the privacy of our users. Please click  on the "Privacy Policy" hypertext link located at the bottom of our Web pages to view  our policy. By using our Services, You agree that Googify can use such data in  accordance with our privacy policies. 
• ○
  Access to Your User Account. You specifically agree that Googify may access your  user account where necessary. 
• ○
  Order Acceptance. Your receipt of an electronic or other form of order confirmation does not signify Googify’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Googify reserves the right at any time after receipt of your order to  accept or decline your order for any reason whatsoever, with no liability whatsoever. 
• ○
  Termination. Googify may terminate your access to any part or all of the Services at  any time, if Googify decides in its sole and absolute discretion for any reason whatsoever to do so, Googify’s total and absolute liability to You will be to refund the unused cost of the Services less any claim for set-off Googify may have against You. 
• ○
  Violations. Googify reserves the right to seek all remedies available at law and in  equity for violations of these Terms and Conditions, including but not limited to the  right to block access from a particular Internet address to the Website.