RatherChat

Last modified August 2021

This Website Terms of Use Agreement (“Website Terms”) is between you and RatherChat., its parents, subsidiaries and other affiliates, and its and their respective successors and assigns (“RatherChat,” “we” or “us”), with a principal place of business at 267 John Davis Gate., Stouffville, ON L4A 1T5. Notwithstanding any language in the Website Terms to the contrary, the Website Terms have the same effect as an agreement in writing and govern your use of this site and its content (the “Website”), your engagement of RatherChat’s services, and your request that RatherChat contact you about referral services. RatherChat’s Privacy Policy applies to your use of this website.

About The Website Terms

The Website is a service made available by RatherChat. If you do not agree to the Website Terms, you may not use the Website. We may modify the Website Terms at any time. If you do not agree to the changes, you must immediately discontinue using the Website, discontinue using RatherChat services, rescind your request that RatherChat contact you about its various services, and discontinue your participation in any RatherChat program. Your continued use of the Website, use of RatherChat services, or request that RatherChat contact you about referral services, after any such changes take effect constitutes your acceptance to such changes. Each time you visit the Website, continue using RatherChat services, continue your request that RatherChat contact you about referral services or participate in any RatherChat program, you reaffirm your acceptance of the Website Terms then in effect. You are responsible for regularly reviewing the Website Terms, by clicking on the “Terms of Use” link. The Website Terms may be supplemented by additional terms and conditions applicable to privacy, specific areas of this Website, or to where particular content or transactions are posted in particular areas of the Website and, together with the Website Terms, govern your use of those areas, content, or transactions.

About the Website

The Website gives users information about RatherChat services, general educational, comparison and informational resources and the ability to sign up for and engage RatherChat services.

Using RatherChat Services

You are not required to sign up for RatherChat services in order to visit and read material on the Website; however, you will need to sign up or telephone us if you want us to provide you with services. If you do so, you agree to provide accurate and complete information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information. Our services are for a single person only. We do not permit any other person to enroll in RatherChat services on behalf of another unless you have an appropriate Power of Attorney. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify RatherChat immediately by emailing info@RatherChat.com

Ownership

All text, images, audio clips, video clips, designs, and other content on the Website (collectively, the “Content”) are owned by, and protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights of, RatherChat and third parties. RatherChat owns and retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the “Technology”) (the terms Content and Technology collectively will be referred to as the “Materials”). You may not remove from or alter any electronic or printed copy of any Content, or any copyright, trademark, or other proprietary notice.

Use of Website and Materials

RatherChat provides the Website and the Materials solely for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited. Without limiting the generality of the foregoing, you shall not, either directly or indirectly:

Modify, publish, distribute, delete, resell, sublicense, publicly perform, cache by proxy all or any part of the Website or Materials without the express written permission of RatherChat or the applicable rights holder;
Obtain copies of the Website or Materials except that you may print and possess pages of Content from the Website solely for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website;
Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
Use any network monitoring or discovery software to determine Website architecture, or extract information about usage or users;
Reformat or frame any portion of the Website or Materials;
Use any device, software or routine that interferes with the proper working of the Website, or otherwise interferes or attempts to interfere with the proper working of the Website;
Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on the Website’s infrastructure; and
Violate the Website Terms, applicable law or the rights of others; or disrupt or interfere with the security of, or otherwise cause harm to, the Website.

Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to the Website, remove hosted content, and take technical and legal steps to keep users off the Website if we in our sole discretion think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

License

By uploading or otherwise providing materials or other content for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) RatherChat a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such content or incorporate such content into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.

Automated Activity

The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, which expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to RatherChat by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing “offline” searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.

Linking

You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give RatherChat notice of such link by sending an e-mail to info@RatherChat.com and (c) you discontinue providing links to this Website if requested by RatherChat. If you wish to provide links to a section within the Website, you should forward your request to RatherChat at info@RatherChat.com and RatherChat will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.

Representations

You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Website Terms and applicable law and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party.

User Responsibilities

Any information or content publicly posted or privately transmitted through the Services, and any chatbots created using the Services, are the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by RatherChat. When you access third party websites or use third party services, you accept that there are risks in doing so, and that RatherChat is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

RatherChat has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, RatherChat will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that RatherChat shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

Disclaimer

RatherChat makes every effort to ensure the Content presented in, on or through its Website is accurate; however, RatherChat makes no guarantee as to such Content, and is not responsible or liable for any resulting loss or damage.

Warranty, Liability, Indemnification

RatherChat makes no representations, warranties or conditions regarding the availability and performance of its Website and the Materials. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk.

THE WEBSITE AND MATERIALS ARE PROVIDED BY RATHERCHAT ON A STRICTLY “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. RATHERCHAT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE WEBSITE OR MATERIALS.

IN NO EVENT SHALL RATHERCHAT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. RATHERCHAT SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET.

RATHERCHAT DOES NOT GUARANTEE THAT THE WEBSITE OR ANY MATERIALS WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, “MALWARE” OR THEIR HARMFUL COMPONENTS.

Some jurisdictions do not allow for certain disclaimers, exclusions or limitations, so the above disclaimers, exclusions and limitations may not apply to all users; in such jurisdictions liability is limited to the fullest extent permitted by law.

Indemnity

You agree to indemnify, defend, and hold harmless RatherChat, its officers, directors, employees, agents, representatives, contractors, vendors and distributors from and against any and all claims, demands, suits, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that RatherChat and such parties may incur as a result of or arising from your (or anyone using your account’s) use of the Website or Materials, or breach of any provision of the Website Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

Privacy

Your use of the Website and our services is subject to our Privacy Policy [insert link] which describes how we collect, use, disclose, transfer and store your personal information.

Electronic Notices and Transactions

You agree to transact with us electronically. This means you agree to accept any terms and conditions and to transact any business with us by electronic means, which includes receiving all documents in HTML or PDF format and communicating over the Internet. You also certify that you are of the age of majority and have access to the Internet to receive RatherChat services, to request that RatherChat contact you about its referral services, to participate in RatherChat programs, and to view, print and retain all documentation. You authorize us to send you important notices about the Website and any pending transactions to an email address you provide to us, if you are a member of RatherChat or have requested that we contact you about our referral services. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website or RatherChat services.

Access

You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.

Notice Regarding Technology

Your use of the Website must comply with all applicable laws in the territory in which you access and use the Website.

Miscellaneous

RatherChat reserves the right to investigate complaints or reported violations of the Website Terms and to take any action RatherChat deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e- mail addresses, usage history, posted materials, IP addresses and traffic information. RatherChat reserves the right to seek all remedies available at law and in equity for violations of the Website Terms, including but not limited to the right to block access from a particular Internet address to any RatherChat website. These incorporate by reference any notices contained on the Website and constitutes the entire agreement with respect to access to and use of the Website and/or your request that RatherChat contact you about referral services. You agree that the provisions and covenants set forth herein are reasonable. In the event that any provision or covenant of the Website Terms shall be held invalid, illegal or unenforceable by an adjudicator for any reason, including but not limited to the scope thereof, then such provision will be severed and replaced with a new provision that most closely reflects the original intention thereof, and the remaining provisions of the Website Terms will remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Without limiting the foregoing, you agree and request that if any adjudicator considers any provision or covenant of the Website Terms to be overly broad based on the circumstances at the time enforcement is requested, that such adjudicator construe and enforce the provision or covenant to the fullest extent that such court or arbitrator deems reasonable.

THE WEBSITE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO, CANADA (EXCLUDING CONFLICT OF LAWS RULES), AS THEY APPLY TO AGREEMENTS MADE SOLELY THEREIN. ANY DISPUTE ARISING FROM THE WEBSITE OR THE WEBSITE TERMS SHALL BE RESOLVED EXCLUSIVELY BY THE COURTS OF THE PROVINCE OF ONTARIO.

The Website Terms constitutes the entire agreement and understanding between you and RatherChat, except as you and RatherChat may later agree in writing to modify the Website Terms. The Website Terms supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof.

Confidentiality of Information

ALL ARTICLES AND MATERIAL DISPLAYED BY US ON THE WEBSITE ARE FOR INFORMATION ONLY (EXCEPTING RATHERCHAT PRIVACY POLICY AND THE WEBSITE TERMS, WHICH ARE BINDING CONTRACTS), ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL. RatherChat does not represent or guarantee the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. RatherChat reserves the right, in its sole discretion and without liability, to correct any errors or omissions in any portion of the Website.

Any information contained on the Website with respect to results obtained by RatherChat is not meant to indicate that the same or similar results can or will be obtained in other cases or situations. Results will vary depending on the facts and circumstances of each individual matter. Prior results do not predict, warrant or guarantee a similar outcome. References to past or present members or the circumstances of their specific matters do not constitute testimonials or endorsements by such members, nor are they a guarantee, warranty or prediction of the outcome of your matter.

Electronic mail or other communications through this site to RatherChat (or any of its employees, agents or representatives) are not secure. Accordingly, RatherChat does not guarantee the confidentiality of such communications. You acknowledge that transmissions to and from the Website are not confidential and your communications may be read or intercepted by others. Any e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose including but not limited to repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law. You acknowledge that by submitting communications to RatherChat, no confidential, fiduciary, contractually implied or other relationship is created between you and RatherChat other than pursuant to the Website Terms and any subsequent written agreement entered into with RatherChat.

Please do not use the information on our Website to distribute unsolicited bulk e-mails, solicitations or inquiries. The foregoing acts will constitute a violation of the Website Terms.

Consent to be contacted

By submitting your lead information through our chatbot, you grant us permission to contact you via the contact information you provide, as well as through any third-party partners we may work with. This includes, but is not limited to, email, phone, and any other information you provide through our chatbot.

We and our third-party partners may use this contact information to provide you with updates, promotional offers, and other information related to our products and services, as well as those of our partners. You may opt-out of receiving these communications at any time by following the unsubscribe instructions provided in the communication.

Please note that we and our third-party partners may also use your lead information to improve our chatbot and overall customer experience. Your information will be treated in accordance with our privacy policy.

By using our chatbot and submitting your lead information, you agree to these terms and conditions. If you do not agree with these terms, please do not submit your lead information through our chatbot.

21. Contact Information

Questions about the Website Terms should be sent to us at info@RatherChat.com.