TERMS OF SERVICE
PopReminderTM is a trademark of Felitec Inc.
Felitec Inc provides its PopReminder free reminder service to you, subject
to the following Terms of Service, which may be updated from time to time without
notice. In addition, when using our service, you and Felitec shall be subject
to the guidelines or rules applicable to such service. All such guidelines or rules
are hereby incorporated by reference into the Terms of Service.
1. ACCEPTANCE OF SERVICE
Felitec currently provides users with access to its free email reminder service,
known as "PopReminder". You understand and agree that the service is provided "AS-IS".
You are responsible for obtaining access to the service and that access may involve
third party fees (such as Internet Service Provider charges). You are responsible for
2. YOUR OBLIGATION
In consideration of your use of the service, you agree to provide true, accurate,
current and complete information about yourself. If you provide any information that
is untrue, inaccurate, not current or incomplete, Felitec has the right to suspend
or terminate your account and refuse any and all current or future use of the service
(or any portion thereof).
All information that you provide upon setting-up a PopReminder account is subject
4. REMINDER CONTENT
The reminders you receive vial email from the PopReminder service may
include some advertisement. By using the service, you agree to receive such
advertisement as part of your reminders.
5. MEMBER PASSWORD AND SECURITY
You will receive a password via e-mail within five minutes upon completing the
account setup process. You are responsible for maintaining the confidentiality of
the password and to all activities that occur under your password. You agree to
notify Felitec of any unauthorized use of your password or any other breach
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purpose, any portion of the Service, use of the Service, or access to the
7. MODIFICATIONS OF THE SERVICE
Felitec reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently the service (or any part thereof) with or
without notice. You agree that Felitec shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the service.
You agree that Felitec, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the service, and remove and discard any
content within the service, for any reason, including, without limitation, for lack
of use or if Felitec believes that you have violated or acted inconsistently
with the letter or spirit of the Terms of Service. Felitec may also in its sole
discretion and at any time discontinue providing the service, or any part thereof,
with or without notice. You agree that any termination of your access to the service
under any provision of these Terms of Service may be effected without prior notice,
and acknowledge and agree that Felitec may immediately deactivate or delete
your account and all related information and files in your account and/or bar any
further access to such files or the service. Further, you agree that Felitec
shall not be liable to you or any third party for any termination of your access
to the service.
9. FELITEC'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service contains proprietary and confidential
information that is protected by applicable intellectual property and other laws.
Except as expressly authorized by Felitec, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service in whole or in
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
11. LIMITATION OF LIABILITY
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. FELITEC 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.
- FELITEC MAKES NO WARRANTY THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FELITEC
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FELITEC SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF FELITEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
12. EXCLUSIONS AND LIMITATIONS
- THE USE OR THE INABILITY TO USE THE SERVICE
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
- ANY OTHER MATTER RELATING TO THE SERVICE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also
provide notices of changes to the Terms of Service or other matters by displaying
notices or links to notices to you generally on the Service.
14. GENERAL INFORMATION
The Terms of Service constitute the entire agreement between you and Felitec and
govern your use of the Service, superceding any prior agreements between you and Felitec.
The Terms of Service and the relationship between you and Felitec shall be
governed by the laws of the Province of British Columbia without regard to its conflict
of law provisions. You and Felitec agree to submit to the personal and exclusive
jurisdiction of the courts located within the city of Penticton, British Columbia. The
failure of Felitec to exercise or enforce any right or provision of the Terms of
Service shall not constitute a waiver of such right or provision. If any provision of the
Terms of Service is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Terms of
Service remain in full force and effect. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to use of the
Service or the Terms of Service must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and have no legal
or contractual effect.