syncroReports EULA

End-User License Agreement (“Agreement”)

Last updated: March 31, 2022

Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using syncroReports.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

  • Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
  • Application means the software program provided by the Company downloaded by You through an Application Store’s account to a Device, named syncroReports
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Caliber Communications Inc, 107-1100 South Service Road, Stoney Creek, ON L8E 0C5.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Country refers to: Ontario, Canada
  • Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
  • Family Sharing / Family Group permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others’ eligible Applications to their associated Devices.
  • Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
  • You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgment

By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.

Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions.

The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

License Restrictions

You agree not to, and You will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
  • Copy or use the Application for any purpose other than as permitted under the above section ‘License’.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.

The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extend the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company.

The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.

Privacy Policy

The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy: https://calibercommunications.ca/privacy-policy/

By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company.
The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You haven’t purchased anything through the Application.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims

The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.

Terms & Conditions of Monitoring Service Agreement

  1. For security monitoring clients, Caliber Communications provides 12 hours per day live monitoring services (“Service”) from the hours of 6pm to
    6am Monday through Friday and 24 hours on weekends and statutory holidays. Caliber Communications will respond to security breaches or
    visual threats in a timely fashion according to the customer specified instructions including dispatching police, fire, notifying customer contact
    list or other special protocol(s) specified by the customer.
  2. For health and safety monitoring clients, Caliber Communications provides 8 hours per week live monitoring services (“Service”) from the hours of 9am to 5pm on random weekdays. Caliber Communications will report on observed health and safety violations in a timely fashion accordingto the customer specified instructions including notifying customer contact lists or other special protocol(s) specified by the customer.
  3.  “Customer” shall mean the company named on the invoice, as specified in this Agreement, and responsible for paying the monthly charges for the services provided under this Agreement and entitled to receive any notice and information relating to this Agreement and Services provided. “Agreement” shall mean the agreement in effect from time to time between Caliber and the Customer. The Agreement is subject to amendment in accordance with the section 16 hereof including, but not limited to, the present Terms and Conditions, and any other document or form that may be designated by Caliber, from time to time, in accordance herewith and forming part of the Agreement.
  4. By using the Services provided by Caliber, the Customer expressly agrees to be bound by the terms and conditions of this Agreement.
  5. Caliber Customer accounts are due and payable in advance and in full by the first (1st) day of every month for which the Services will be provided, unless otherwise specified in this Agreement. The Customer agrees to pay total charges, plus applicable sales taxes due, using one of the following methods for payment: i) automatically, by pre-authorized bank withdrawal or credit card payment, ii) by credit card, via telephone with our accounting department, or iii) by mailing or by courier to address 107-1100 South Service Road, Stoney Creek, Ontario L8E0C5, a cheque or money order payable to Caliber Communications Inc., to arrive by the first (1st) day of the month for which the Services will be provided. Billing to the Customer will begin immediately on the day following installation of Caliber Equipment. The Customer assumes all responsibility for ensuring that adequate and required resources (eg. power and poles), to run and install Caliber equipment, is available on the installation date.
  6. The Customer agrees to pay a fixed rate of two percent (2%) per month, calculated and compounded monthly, on any amounts unpaid after the due date or after the date which the Company deems the invoice to be past due. In the event that Caliber is required to exercise any type of collection measures against the Customer, the Customer will be liable for any and all costs and fees incurred by Caliber in connection with its collection efforts, including all legal fees. A fee will be charged for NSF cheques or returned pre-authorized payments, and for any other charges incurred relative to the collection of all amounts due.
  7. Overdue accounts may result in the cancellation of the Services referred to herein. If a service call is required to restore any Customer’s Services which have been terminated for non-payment, a reconnection charge will then apply.
  8. In addition to the charges included herein, the Customer agrees to pay any taxes, fees or charges relating to the Services provided under this Agreement, which are authorized or imposed by any government body.
  9. For security monitoring clients, Caliber is not responsible or liable for losses or damages to the Customer resulting from communication faults or unit failures to detect or verify any alert signal or live video, which is beyond Calibers control (eg. Power-loss, severe weather damages, acts of God, unit failures, lack of adequate sun light (specific for solar powered installations), rodent, insect or vertebrate camera obstruction etc). If Caliber should become aware of such a fault or unit failure during its regular monitoring hours, Caliber will do its utmost to contact the Customer and make the Customer aware of the fault or unit failure. Caliber, at its own discretion within a 72-hour timeframe, will dispatch a repair technician to the Customers’ site to trouble-shoot the fault or unit failure. Caliber is also not responsible or liable for losses or damages to areas of the Customers service site which are not specifically required to be monitored by Caliber in this Agreement or specified by the Customer as an area that requires coverage. Furthermore, Caliber will not be liable for losses suffered as a result of delays in response times from first responders (eg. Police, Fire)
  10. For health and safety monitoring clients, Caliber is not responsible or liable for the injury or death of workers, sub-contractors, service providers, clients, homeowners or any persons, groups, organizations, affiliates, principals etc. as a result of violations or incidents related to health and safety legislation occuring on the client site covered within this agreement or resulting from communication faults or unit failures to detect or prevent any alert signal or live video, which is beyond Calibers control (eg. Power-loss, severe weather damages, acts of God, unit failures, lack of adequate sun light (specific for solar powered installations), rodent, insect or vertebrate camera obstruction etc). If Caliber should become aware of such a fault or unit failure during its regular monitoring hours, Caliber will do its utmost to contact the Customer and make the Customer aware of the fault or unit failure. Caliber, at its own discretion within a 72-hour timeframe, will dispatch a repair technician to the Customers’ site to trouble-shoot the fault or unit failure. Caliber is also not responsible or liable for losses or damages to areas of the Customers service site which are not specifically required to be monitored by Caliber in this Agreement or specified by the Customer as an area that requires coverage. Furthermore, Caliber will not be liable for losses suffered as a result of delays in response times from first responders (eg. Police, Fire, Ambulance, Individuals responsible for Health and Safety)
  11. During the hours which Caliber Communications Inc. is responsible for monitoring the Customers property as outlined in this service agreement, the Customer is responsible for alerting Caliber Communications Inc. of any individuals, company’s or vehicles which are authorized to be on the Customers property and for which the normal monitoring protocols for that property can be ignored. The Customer agrees to notify Caliber Communications Inc., at least 2 hours in advance of the normal daily monitoring schedule start time, of any individual, company or vehicle which will be authorized to access the Customers property. Notification to Caliber Communications Inc. will consist of a phone call or a note in the Content Management System to the Company outlining in detail a description of the individual, company and/or vehicle which will be accessing the Clients property. If the Customer fails to notify Caliber Communications Inc. of an individual, company or vehicle which is authorized to be on the Customers property and Caliber Communications Inc. incurs charges for a “False Alarm” from the local police department, the Customer agrees to accept these charges as billed from the Company and to pay the invoice immediately on receipt.
  12. If the Customer suffers a loss or worker injury/death (the “Loss”) of any kind, or by any means, whether financial or otherwise, on a site covered by this Agreement, the Customer shall notify Caliber, by telephone, immediately upon becoming aware of the Loss, and, in writing, within 24 hours of becoming aware of the Loss. The Customer shall disclose the following information to Caliber, verbally and in writing, upon notification of the Loss:(a) the nature of the Loss, including items, equipment, tools or individuals affected, (b) the exact location of the Loss on the site, (c) the estimated value of the Loss (if applicable), (d) the timeframe of the Loss, and(e) any other pertinent information related to the Loss that will jointly assist Caliber and the Customer in determining the cause and the responsibility for the Loss. The Customer agrees to allow Caliber 48 hours, from time of notification and full disclosure of the information to Caliber, to investigate the information provided by the Customer, verify the claim details and mitigate the Loss (if applicable) by identifying its source through a video archive review. The Customer agrees to refrain from invoicing Caliber, withholding or deducting any payments owing to Caliber (set off), or holding Caliber responsible for any Loss(es) pertaining to this Agreement or any other agreement that may exist, between the Customer and Caliber. The Customer acknowledges and accepts that, depending on the nature, timing, and party(s) involved in the loss and resulting investigation, a portion or the entire cost incurred by the Company to perform the investigation may be billable. Caliber agrees to obtain Customer’s written consent prior to conducting any billable investigations.
  13. The Customer agrees that Caliber Communications Inc. is not an insurer, and that no insurance coverage is offered under this Agreement. Payments made by the Customer are for monitoring services only to reduce the risk of loss, injury or death though there are no guarantees that the monitoring service will reduce such risks or that no loss will occur. Caliber Communications Inc. is not assuming responsibility and therefore shall not be liable to the Customer for any loss or damage suffered by the Customer as a result of power issues or power failure at the client’s site, burglary, vandalism, fire, smoke, equipment failure of any fire department, police service, private response service, first responders or other person to respond to incidents, or any other cause whatsoever, regardless whether such loss or damage or personal injury was caused by or contributed to by Caliber Communications Inc. negligent performance or failure to perform any obligations.
  14. The Customer expressly acknowledges and agrees that all equipment (the “Equipment”) installed or provided by Caliber shall, at all times, remain the property of Caliber, except for equipment purchased and paid for by the Customer, which equipment is neither returnable nor refundable by Caliber. Fees may be charged to the Customer for the installation of the Services and/or Equipment. The Customer will protect Caliber’s Equipment from defacing, tempering or damage, and will not permit anyone, other than a Caliber representative or authorized technician, to perform any work, removal, repairs or modifications on such Equipment, unless otherwise allowed by Caliber, in writing . The Customer acknowledges and accepts full responsibility for all Equipment installed by Caliber at the service address and therefore agrees to reimburse Caliber for the full cost,repair or replacement of any lost, stolen, unreturned, damaged, mortgaged, sold or transferred equipment or upon the Customer’s failure to return the equipment or failure to comply with the terms and conditions in this Agreement.
  15. The Customer hereby grants Caliber, its employees, representatives, contractors, subcontractors and agents, reasonable access to the Customers’ premises, or service address, at reasonable hours, to install, inspect, service, maintain, restore, remove, relocate and/or disconnect Caliber’s Services or Equipment. Upon termination of this Agreement or any Monitoring Agreement related to this Equipment, Caliber shall have the right to enter the Customers’ premises and remove the Caliber Equipment regardless of affixation.
  16. Caliber may propose to change, modify, add or remove any provisions of this Agreement at intervals of at least 30 days. Such changes may include, without limitation, modifications, additions to, or removals from the Services, their features and charges, or the terms and conditions upon which Caliber distributes, and the Customer receives, the Services. Caliber will provide at least 30 days, but not more than 90 days, before the effective date of change, modification, addition or removal using any means, allowing the Customer to become aware thereof, namely, via email, mail or phone call to the contact person(s) listed in this Agreement. Following receipt of such notice, the Customer may agree to accept such change, modification, addition or removal by continuing to use the effected service. If the Customer does not agree to any such change, modification, addition or removal proposed in the notice, the Customer may, before the effective date, notify Caliber that the Customer is terminating this Agreement in accordance with section 12 of this Agreement and/or provisions of the notice, and ceases using the Service in question thereafter. If the Customer does not give any such notice to Caliber by the effective date, then the proposed changes to this Agreement will become effective on the effective date.
  17. Unless this Agreement is concluded for a definite term, the Customer may at any time following the sixth (6th) full month, after the commencement of this Agreement and by providing, in writing, at least thirty (30) days prior notice to Caliber, cancel this Agreement or any Service provided under this Agreement. Applicable charges shall continue to apply until the thirty (30) days have elapsed or, as the case may be, until the expiration of the term provided for in this Agreement. If this Agreement is for a definite term, and unless Caliber is otherwise notified by the Customer, this Agreement shall automatically renew at the expiration of the defined term at the regular monthly rates, then in effect for the Services, and may thereafter be terminated in accordance with the terms set out in the beginning of this section. The Customer shall remain liable for the payment of all outstanding balances accrued up to the date of termination or expiration.
  18. Caliber may terminate this Agreement, may take immediate possession of the equipment and may exercise any or all rights provided to Caliber by law or under the terms of any agreement between the Customer and Caliber where (a) the Customer fails to pay punctually any amount required to be paid, or to perform any other obligation required to be performed by the Customer under this Agreement (b) a proceeding in bankruptcy, receivership or insolvency is instituted by or against the Customer, (c) if any execution or attachment is levied against the Equipment or, if Caliber, believes that the Equipment is in danger of being lost, damaged or confiscated, or (d) any representation made by the Customer, in connection with this Agreement, is untrue or misleading in any respect (a “Default”) and, for this purpose, Caliber may break locks and enter into any buildings and any premises where the Equipment might be located or stored and remove the Equipment from that building or premises, and may sever the Equipment from any other good or property, to which they may be attached, and may make any repairs or alterations that are reasonably necessary to put the Equipment, or any part of it, in saleable condition, and the cost off any such repairs may be charged to the Customer and the payment of that amount shall be secured by the Equipment.
  19. Video cameras shall not be installed in any areas or location where such installation would violate any federal or provincial act or municipal by-law, as the case may be. Warning signs shall be installed when video systems are installed, displaying the installation of a video system. If Caliber has been retained to review and/or respond to events either generated or triggered by an intrusion system or surveillance system, the first action of the Emergency Response Centre will be to initiate response protocols as agreed and implied by the clients, and the review of the surveillance footage will be secondary. It is explicitly agreed that time is of the essence in the response to an emergency situation. The Customer acknowledges that signals which are transmitted through the internet, over telephone lines, wire, air waves, cellular or other modes of communicating pass through communication networks wholly beyond control of Caliber and are not maintained by Caliber and, therefore, Caliber shall not be responsible for any failure which prevents transmission signals from reaching the Emergency Response Centre or damages arising therefrom.
  20. Any information obtained by way of video surveillance systems shall not be used by Caliber for any unlawful purpose. Information collected will not be retained or used for any other purpose other than to satisfy the terms and conditions of the Agreement and to collect generic de-identified data or information, which will be used exclusively by the Company, to improve the Company’s overall services. We also use this information to offer the Customer tailored content regarding their sites. The Caliber Emergency Response Centre, or any of its representatives, will not personally retain any information by way of recording. Access to storage devices or software of the Customer will only be granted to authorized Caliber personnel. Logs of such activity will be kept for all instances of access. Unless instructed otherwise, Caliber will maintain the stored video on the hard drives of returned equipment for a period of 14 days from the termination date of this contract.
  21. The Customer shall be liable for any damages, claims, losses, actions, suits, proceeding or causes of actions whatsoever, including legal fees and expenses (a “Claim”) arising out of: (i) the breach of any provision of this Agreement or any applicable law by the Customer, (ii)the use of the Services, and (iii) the posting or transmission of any information or materials through the Services. The Customer shall be liable and shall indemnify and hold harmless Caliber, its affiliates and their respective officers, directors, employees, agents and suppliers against all Claims. Caliber reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to such indemnification. The Customer shall co-operate as fully as reasonably possible in the defense of any such Claim assumed by Caliber in such a case.
  22. Caliber collects personal information of its Customers, which it uses for the following purposes:
    1. to communicate with its Customers,
    2. to manage its business and ensure the efficiency, security and reliability of its systems,
    3. to provide its Services, and
    4. to fulfill its obligations under the law.
  23. Caliber will not disclose personal information regarding a Customer, other than the Customers name, address for service and listed telephone number, unless a Customer provides express consent, or disclosure is required or allowed by law, to anyone other than:
    1. the Customer,
    2. a person who, in the reasonable judgement of Caliber, is seeking information as an agent of the Customer, and
    3. an agent retained by Caliber in the collection of the Customer’s account,
  24. Express consent to disclosure may be deemed to be given by the Customer where the Customer provides:
    1. written consent,
    2. oral confirmation, or
    3. consent through other methods, as long as an objective documented record of the Customer’s consent is created by the Customer.
  25. The failure of Caliber to enforce any provision of this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time. The Customer agrees that if any portion of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect.
  26. The Customer shall not assign this Agreement, the rights or obligations herein contained, or the Equipment belonging to Caliber, as applicable, without obtaining prior written consent of Caliber. In absence of such consent, any assignment shall be deemed null and void. Caliber shall be entitled to assign its rights or obligations in the Agreement, or part thereof, without the prior consent of the Customer.
  27. This Agreement shall be governed by, and construed in accordance with, the laws applicable in the Province of Ontario.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.

Contact Us

If you have any questions about this Agreement, You can contact Us: