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LIFE BY THE PIE
TERMS OF USE AND END USER LICENSE AGREEMENT

IMPORTANT: BY DOWNLOADING, ACCESSING OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS PRIVACY POLICY.

1. Agreement

These Terms of Use and End User License Agreement (collectively, the “Agreement”) represent a legally binding, contractual agreement between you (“you”) and Life By The Pie Inc., together with its subsidiaries and affiliates (hereinafter referred to as “us”, “we” and/or “Life By The Pie”) with respect to your use of the LIFE BY THE PIE application (the “Application”). This Agreement applies to your use of the Application, including all Application Content (defined below), enhancements, versions and/or modifications to the Application. By clicking the “AGREE” button below, you are indicating that you: (i) accept and agree to be legally bound by all of the terms and conditions of this Agreement; and (ii) consent to the installation of the Application on your computer, mobile or other device (as applicable). If you do not accept and agree to the following terms and conditions of this Agreement, you must click the “DO NOT AGREE” button below, in which case you will not be permitted to use the Application.

2. Registration and Account Security

The Application is password-protected and requires you to complete a registration process in order to obtain access to the Application. When registering with us to use the Application, you must provide complete and accurate information about yourself and agree to update such information as it changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using the Application. It is your responsibility to keep the password provided to you confidential and secure. In the event that your password is used without your consent or that you discover any other breach of security, you agree to promptly notify us at info@lifebythepie.com YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIONS THAT TAKE PLACE UNDER YOUR ACCOUNT (WHETHER OR NOT SUCH ACTIONS TAKE PLACE WITH OR WITHOUT YOUR KNOWLEDGE OR CONSENT).

3. Application Functionality

The Application is designed to assist you with information and tools related to financial budgeting (collectively, the “Information”). IMPORTANT NOTE: ANY AND ALL INFORMATION AND/OR TOOLS (INCLUDING, WITHOUT LIMITATION, INFORMATION AND/OR TOOLS OF A LEGAL, ACCOUNTING, FINANCIAL, REAL ESTATE OR TAX NATURE) CONTAINED ON OR WITHIN THE APPLICATION ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE SPECIFIC LEGAL, ACCOUNTING, FINANCIAL, REAL ESTATE, TAX OR OTHER ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD. ALWAYS CONSULT AN APPROPRIATE LEGAL, ACCOUNTING, FINANCIAL, REAL ESTATE, TAX OR OTHER PROFESSIONAL.

4. Ownership

The Application consists of various graphics, texts, icons and buttons that have been provided by Life By The Pie and/or other entities under our direction (e.g. Application designers). All such content is owned by Life By The Pie and/or the applicable third party entity. For greater certainty, Life By The Pie and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Application, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names, Information and software (collectively, the “Application Content”). You hereby acknowledge that the Application and Application Content are protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Application and/or any Application Content does not grant or transfer to you any ownership or other rights in the Application or the Application Content, and except as expressly provided, nothing herein or within the Application or Application Content shall be construed as conferring on you or any other person any license under any of Life By The Pie’s or any third party’s intellectual property rights. Any rights not expressly granted to you in this Agreement are expressly reserved by Life By The Pie. For greater certainty and the avoidance of any doubt, you agree that you will not take any action that is inconsistent with Life By The Pie’s ownership of the Application and/or Life By The Pie’s ownership of, or any third party’s ownership of, any Application Content. You are hereby expressly prohibited from removing any proprietary notice of Life By The Pie, or any third party, from any copy of the Application or Application Content.

5. License

Upon your acceptance of the terms and conditions of this Agreement, you will be permitted to install and use one (1) copy of the Application. Subject to the terms and conditions in this Agreement, Life By The Pie hereby grants you a limited, non-exclusive, royalty-free and revocable license to make personal and non-commercial use of the Application and Application Content on a single device in executable, object code format only. For greater certainty and the avoidance of any doubt, this limited license only allows you to use the Application for your own personal and non-commercial use. This limited license does not include any rights not specifically enumerated herein. You agree not to take or permit any action with respect to the Application and/or Application Content that is not expressly authorized under the terms and conditions of this Agreement.

6. Confidentiality

The structure, organization and source code of the Application and Application Content are the valuable trade secrets and proprietary confidential information of Life By The Pie and its licensors. You agree not to provide or disclose any such confidential information in the Application of Application Content, or any information derived therefrom, to any third party.

7. Restrictions

You may not:

  • a. use, copy, modify, download or transfer the Application or any component of the Application (including, without limitation, the Application Content), in whole or in part, except as expressly provided in this Agreement;
  • b. (i) reverse engineer, disassemble, decompile, or translate the Application or any component of the Application (including, without limitation, the Application Content); (ii) attempt to derive the source code of the Application or any component of the Application (including, without limitation, the Application Content); (iii) create any derivative work from the Application or any component of the Application (including, without limitation, the Application Content); and/or (iv) authorize or assist any third party to do any of the foregoing;
  • c. rent, lease, loan, resell for profit or otherwise the Application or any component of the Application (including, without limitation, the Application Content);
  • d. remove or alter any proprietary notice or legend regarding Life By The Pie’s, or any third party’s, proprietary rights in the Application and/or Application Content;
  • e. use the Application and/or Application Content except in accordance with the terms and conditions of this Agreement, as well as all applicable laws and regulations; and/or
  • f. use the Application and/or Application Content: (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to any liability whatsoever;
8. Accuracy and Changes

Facts and Information provided by Life By The Pie on or through the Application (including, without, limitation, the Application Content) are believed to be accurate when placed on the Application. Changes may be made at any time to the Application Content without prior notice and without any liability being incurred by Life By The Pie.

9. Disclaimer and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND APPLICATION CONTENT IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH YOUR USE OF THE APPLICATION AND APPLICATION CONTENT RESIDES WITH YOU. LIFE BY THE PIE EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND DATA ACCURACY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIFE BY THE PIE MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE APPLICATION WILL BE COMPATIBLE WITH YOUR COMPUTER, MOBILE OR OTHER DEVICE AND/OR SOFTWARE; (II) THE APPLICATION WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE APPLICATION WILL BE SECURE; (V) THE USE OF THE APPLICATION WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE APPLICATION WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, SOFTWARE OR ELECTRONIC FILES.

ANY AND ALL INFORMATION AND/OR TOOLS (INCLUDING, WITHOUT LIMITATION, INFORMATION AND/OR TOOLS OF A LEGAL, ACCOUNTING, FINANCIAL, REAL ESTATE OR TAX NATURE) CONTAINED ON OR WITHIN THE APPLICATION ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE SPECIFIC LEGAL, ACCOUNTING, FINANCIAL, REAL ESTATE, TAX OR OTHER ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD. ALWAYS CONSULT AN APPROPRIATE LEGAL, ACCOUNTING, FINANCIAL, REAL ESTATE, TAX OR OTHER PROFESSIONAL.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE APPLICATION ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION AVAILABLE ON OR THROUGH THE APPLICATION IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE AN OFFER OR SOLICITATION.

LIFE BY THE PIE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE APPLICATION OR APPLICATION CONTENT. YOU EXPRESSLY ACKNOWLEDGE THAT LIFE BY THE PIE HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE APPLICATION AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS AND INDEMNITIES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LIFE BY THE PIE. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS AND INDEMNITIES SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

10. Indemnification

You agree to indemnify, defend and hold harmless Life By The Pie Inc., its affiliates, and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any and all liability, loss, claim and expense, including, without limitation, reasonable attorneys' fees and expenses, related to either your violation of this Agreement and/or your use or misuse, in whole or in part, of the Application and/or Application Content.

11. Electronic Transmissions

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. Life By The Pie does not assume any liability for any damage you or any other person or entity may experience, or costs you or any other person or entity may incur, as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using the Application. In no event will the information you provide on or through the Application be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. We ask that you please not send personal, financial or other confidential information to us using unencrypted e-mail messages. While every effort is made to help ensure that all software provided on the Application is suitable for use on a wide variety of devices, you should take reasonable and appropriate precautions to ensure compatibility of the Application software with your specific device.

12. Privacy

Without limiting the generality of this Agreement, your use of the Application is also subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using the Application, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy.

13. No Duty to Correct Errors

Without limiting the generality of any of the foregoing, you acknowledge and agree that Life By The Pie has no obligation under this Agreement to correct any defects or errors in the Application and/or Application Content furnished to you under this Agreement, regardless of whether you inform Life By The Pie of such defects or errors or Life By The Pie otherwise is, or becomes aware of, such defects or errors. To the extent Life By The Pie provides you with any updates or upgrades to the Application, such updates and upgrades shall be deemed to constitute part of the Application and shall be subject to all terms and provisions set forth in this Agreement, including, without limitation, terms and provisions related to licenses, use restrictions, ownership and distribution of the Application.

14. Trade-Marks and Copyright

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Application and/or Application Content may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Life By The Pie or other entities. Trade-marks may be registered in Canada and in other countries, as applicable. All Trade-marks not owned by Life By The Pie are the property of their respective owners, and, where used by Life By The Pie are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Application and/or Application Content may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Life By The Pie’s ownership of, or any third party’s ownership of, the Trade-marks. If you wish to incorporate any Trade-marks or our product names within another site, please contact us for permission.

15. Governing Law and Jurisdiction

This Agreement, your use of the Application, and all related matters shall be governed solely by the domestic laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, your use of the Application and any related matters.

16. Termination

If you breach any provision of this Agreement or our Privacy Policy you may no longer use the Application. We may, in our sole and absolute discretion, change, suspend or terminate, temporarily or permanently, the Application or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this Agreement or your permission to use the Application is terminated by us for any reason, the agreement formed by your acceptance of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Application and anything relating to or arising from such use. If you are dissatisfied with the Application, then your sole and exclusive remedy is to discontinue using the Application.

17. Export Controls

You acknowledge that the Application, Application Content and the underlying technology may be subject to applicable export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Application, Application Content and the underlying technology, as well as end-user, end use, and destination restrictions issued by Canadian and other governments. By downloading or using the Application or the Application Content, you agree to the foregoing and you represent, warrant and covenant that you are not located in, under the control of, or a national or a resident of any country identified in any applicable legislation, regulation, deny order or prohibition list issued by any governmental or regulatory body, and that you will otherwise comply with all applicable export control laws.

18. General

If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision of this Agreement. This Agreement is legally binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

IF YOU HAVE READ THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH ABOVE, SELECT THE “I AGREE” BUTTON. OTHERWISE, SELECT “I DO NOT AGREE”.

NOTE: You must click “I AGREE ” to use the Application. If you click “I DO NOT AGREE ” the Application will not be accessible to you.