TERMS OF SERVICE

This Service is offered by DokDok Inc. The following Terms of Service may be modified from time to time. Please check (http://context.io/terms-of-service) the most up-to-date version.

BY CLICKING THE "I ACCEPT" BOX, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF DOKDOK.COM'S ONLINE SERVICE (THE "SERVICE"). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, CLICK CANCEL OR DO NOT USE THE SERVICE. YOUR USE OF THE SERVICE SHALL BE SUBJECT TO THESE TERMS OF SERVICE AS MODIFIED FROM TIME TO TIME.

AGE AND CAPACITY: You represent that you are at least thirteen years of age.

1. DEFINITIONS

In this Agreement, unless the context otherwise requires, the following expressions shall have the meanings indicated below:

"Affiliate" shall mean any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, DokDok;

"Agreement" shall mean this agreement as may be renewed, modified and/or amended from time to time;

"Effective date" shall mean the date that you click to accept use of the Service;

"Intellectual Property Rights" shall mean any proprietary right, including but not limited to those provided under: (i) patent law; (ii) copyright law; (iii) trade-mark law; (iv) design patent or industrial design law; or (v) any other statutory provision or common law principle that may provide a right in either: (a) ideas, formulae, algorithms, concepts, inventions, or know-how; or (b) the expression of such ideas, formulae, algorithms, concepts, inventions or know-how.

"Open Source Software" means binary, bytecode and source code versions of certain third-party software packages that are used by the Service.

2. PERMITTED USE

Subject to the terms of this Agreement, DokDok hereby grants you a limited, personal, non-commercial, non-exclusive, non-sub licensable, non-assignable, right to use the Service, solely for your own internal business purposes. All rights not expressly granted to you in this Agreement are reserved by DokDok, its Affiliates and licensors.

You may not access the Service if you are employed or a consultant of a direct competitor of DokDok, except with DokDok's prior written consent.

3. YOUR RESPONSIBILITIES

You are responsible for all activity occurring under your account(s) and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall notify DokDok immediately of any unauthorized use of any password or account or any other known or suspected breach of security.

You shall not:

(a) Copy any of the Documentation for any purpose;
(b) Use the Service for commercial purposes. For greater clarity, you may use the Service in your business, but may not resell or otherwise use the Service as part of a commercial offering. In addition, you may not use the Service for commercial time sharing, rental or service bureau use;
(c) Use the Service except as authorized herein.
(d) Use the Service to transmit commercial content, mass unsolicited e-mails (spam) or engage in communications that are defamatory.

4. PAID SERVICES

This Agreement applies to a free Service. The use of any paid Services which may be offered by DokDok or its Affiliates, is subject to the additional Terms of Service that are published on the DokDok Website.

5. PROTECTION OF YOUR PERSONAL INFORMATION

DokDok is committed to respecting your privacy and the confidentiality of your personal data. The DokDok Privacy Policy that is published on the DokDok Website at http://dokdok.com/privacy applies to the collection, use, disclosure and retention of your personal information by DokDok. DokDok may store and process your information on computers that may be located outside your country and may be subject to the laws of other jurisdictions. BY USING THE SERVICE, YOU ARE DEEMED BY US TO HAVE READ AND UNDERSTOOD THE TERMS OF THE DOKDOK PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE PRIVACY POLICY, YOUR SOLE REMEDY IS TO REFRAIN FROM USING THE SERVICE.

6. INTELLECTUAL PROPERTY OWNERSHIP

DokDok (and its Affiliates and /or licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the underlying technology or the Intellectual Property Rights owned by DokDok. The DokDok name, the DokDok logo, and the product names associated with the Service are trademarks of DokDok or third parties, and no right or license is granted to use them.

6.1. THIRD PARTY IP:

You acknowledge and agree that all Intellectual Property Rights in and to any third party content that may be distributed with the Service is the property of the respective content owners and are subject to separate license agreements or Terms of Service and may be protected by intellectual property laws of other jurisdictions.

7. LICENCE FROM YOU

DokDok does not claim ownership of the materials and/or content you submit or make available on the Service. However, by submitting or posting such content on areas of the Service that are accessible by other users or shared by you with your contacts who will in turn access the DokDok service, you grant DokDok a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, publish, translate, and display such Content on the Service solely for the purpose for which such content was submitted or made available. Said license will terminate within a commercially reasonable time after you or DokDok remove such Content from the DokDok service. By submitting or posting such content on areas of the Service that are accessible by the public or by users, you are representing that you are the owner of such material and/or have authorization to distribute it.

You understand that in order to provide the Service and make your content available thereon, DokDok may transmit your content across various public networks, in various media, and modify or change your content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits DokDok to take any such actions.

8. NO WARRANTIES WITH RESPECT TO THE SERVICE

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. DOKDOK PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOKDOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

DOKDOK DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, RELIABLE, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, (iii) ANY ERRORS ON THE DOKDOK WEB SITE OR SERVICE WILL BE CORRECTED; AND (iv) THAT DOCUMENTS OR MATERIALS THAT YOU STORE VIA THE SERVICE WILL REMAIN ACCESSIBLE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOKDOK, OR THROUGH OR FROM THE DOKDOK WEB SITE OR SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. TERM

This Agreement shall remain in effect from the Effective Date until you cease all use of the Service and / or communicate in writing that you wish to terminate the Agreement.

10. TERMINATION

DokDok may terminate this Agreement due to your failure to comply with any of the provisions of this Agreement if after thirty (30) days written notice such failure remains uncured. DokDok may limit or suspend this Agreement and your Use of the Service, prohibit You access to the DokDok Website and/or delete Your User Account, with immediate effect, if DokDok has reasonable grounds to believe that You are in breach of this Agreement, are otherwise causing problems, are attracting potential liabilities or are otherwise acting inconsistently with the letter or spirit of DokDok's policies (including, without limitation, by infringing a third party's Intellectual Property Rights or by engaging in fraudulent, immoral or illegal activities). DokDok shall effect such termination by providing notice to you to the email address You have provided, and/or by preventing Your access to the respective User Account. DokDok reserves the right to cancel User Accounts that have been inactive for more than one (1) year.

11. SURVIVAL

Sections 6 (Intellectual Property), 11 (Survival), 12 (Indemnification), 13 (Disclaimer of Warranties) and 14 (Limitations) of this Agreement shall survive any termination or expiration unless and until waived expressly in writing by the party to whom they are of benefit.

12. INDEMNIFICATION

You agree to indemnify, defend and hold DokDok, Affiliates and the their respective officers, directors, employees and agents harmless from and against any and all liability and costs (including reasonable attorneys' fees incurred by said parties), in connection with or arising out of your: (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) violation of any rights of any third party; (c) use or misuse of the Service; or (d) scheduling information exchanged by means of the Service.

13. NO WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED TO YOU "AS IS". DOKDOK MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. DOKDOK DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES DOKDOK WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DOKDOK, ITS AFFILIATES NOR ITS LICENSORS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.

The Service is being provided to you free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOKDOK, ITS AFFILIATES AND ITS LICENSORS SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICE FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, WARRANTY OR TORT, EVEN IF THE DAMAGES ARE CAUSED BY BREACH OF CONTRACT OR BY NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER FAULT OF SUCH PARTY IN CONNECTION WITH THIS AGREEMENT.

YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO CEASE USE OF SUCH SERVICE.

15. ENTIRE AGREEMENT

This Agreement supersedes all prior representations, arrangements, negotiations, understandings and agreements between the Parties, both written and oral, relating to the subject matter hereof and sets forth the entire and complete and exclusive agreement and understanding between the Parties hereto relating to the subject matter hereof. The terms of this Agreement may not be changed except by an amendment signed by an authorized representative of each Party.

If any term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected.

16. ARBITRATION

In the event of any dispute, controversy or difference arising between the Parties out of or relating to or in connection with this Agreement, or the breach hereof, each Party shall refer the matter to its Representative who will work with his/her counterpart to resolve the dispute in a timely fashion. Any dispute that is not resolved at this level within thirty (30) days shall be finally settled by arbitration in Montréal, Québec in accordance with the National Arbitration Rules of the ADR Institute of Canada or in such other forum and in accordance with such other rules as agreed to by the Parties in writing. In any arbitration proceeding, the Parties shall bear their respective costs of arbitration, including, without limitation, legal fees, unless an arbitration decision shall specifically state otherwise. The arbitration results shall be binding upon the Parties and subject to the provisions of confidentiality herein. Nothing shall prevent either Party from exercising its rights to equitable relief to restrain infringement of intellectual property or breach of confidential information at any time.

17. CHOICE OF LAW

This Agreement and the rights and obligations of the Parties under this Agreement shall be governed by, and construed in accordance with, the laws of the Province of Québec and the federal laws of Canada applicable therein. This Agreement expressly excludes that body of law applicable to choice of law and the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. The Parties hereby attorn to the exclusive jurisdiction of the courts of the Province of Québec for any legal proceedings arising out of this Agreement to the extent that it is not covered by Section 16 (Arbitration).


Last updated on June 15, 2010