Welcome to CANSOMEBODYHELPME web hosting services!
is a contract between you (“you” or “your”) and CANSOMEBODYHELPME.COM
("CANSOMEBODYHELPME"). It states the terms and conditions which apply
to your purchase and use, in any manner, of the CANSOMEBODYHELPME web
hosting, e-mail and domain services (collectively, the "Services"), as
described at http://www.CANSOMEBODYHELPME.com (the "Site").
USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO BE BOUND BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL
POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED
BY REFERENCE HERETO. YOU ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES
BY ANY OF YOUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY OTHER END
USER OF THE SERVICES (COLLECTIVELY, THE “END-USERS”). YOU AGREE
TO ENSURE THAT, END-USERS COMPLY WITH THE TERMS
AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME
REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED
FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO.
reserves the right to change or modify this Agreement, and any policy
or guideline incorporated by reference at any time and from time to
time in its sole discretion, and to determine whether and when any such
changes apply to customers. Any changes or modification will be posted
by CANSOMEBODYHELPME, and become effective upon posting of the revisions on
the Site. CANSOMEBODYHELPME will post a notice of such changes or
modifications on the Site for thirty (30) days. You are responsible for
regularly reviewing the Site to obtain timely notice of such changes or
modifications. Your continued use of the Services following
CANSOMEBODYHELPME' posting of any changes or modifications will constitute
your acceptance of such changes or modifications. IF YOU DO NOT
AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE
SERVICES AND IMMEDIATELY PROVIDE NOTICE OF TERMINATION OF THIS
AGREEMENT IN ACCORDANCE WITH SECTION 1.1 BELOW.
1. Term and Payment for Services
1.1 Term and Termination. The Services are provided on a fixed term basis and shall be provided,
unless CANSOMEBODYHELPME receives additional payment from you, until the last
day of the fixed term (“Termination Date”). Either party may at any
time terminate this Agreement, prior to the Termination Date, provided
that CANSOMEBODYHELPME will provide the Services until the Termination Date.
Subject to 1.2 below, no credits shall be provided to you for the value
of the Services between the date that you notify CANSOMEBODYHELPME that you
no longer wish to receive the Services and the Termination Date.
Notice of Termination.
You must provide CANSOMEBODYHELPME with notice of termination in writing by
phone to 1+905-487-6138 (North America) / 1+905.487-6138 (International)
or by e-mail (from the email account specified by you when first
ordering the Services) to SUPPORT@CANSOMEBODYHELPME.com. You
shall provide CANSOMEBODYHELPME with sufficient identification information so
that CANSOMEBODYHELPME may properly identify you and your account. Any notice
of termination will be effective thirty (30) days following
CANSOMEBODYHELPME' receipt thereof.
1.2 Thirty-Day Refund Policy. If you terminate this Agreement within thirty (30) days of agreeing to
be bound hereto, you shall receive a refund for all amounts paid by you
to CANSOMEBODYHELPME for the Services, excluding any amounts paid for
Non-Refundable Amounts, as defined below. “Non-Refundable
Amounts” include set-up fees, Miva Merchant license key fees,
additional bandwidth charges and additional storage charges.
1.3 Liability and Obligations on Termination. Should the Agreement expire or be terminated for any reason,
CANSOMEBODYHELPME will not be liable to you because of such expiration or
termination for compensation, reimbursement or damages on account of
the loss of profits or sales (anticipated or actual), goodwill or on
account of expenditures, investments, leases or commitments in
connection with your business, or for any other reason whatsoever
flowing from such termination or expiration. Any termination of this
Agreement shall not relieve you of any obligations to pay fees and
costs accrued prior to the termination date. CANSOMEBODYHELPME shall not be
obligated to notify any third party of the termination of your account
or provide any termination assistance. Without limiting the generality
of the foregoing, CANSOMEBODYHELPME shall have no obligation to forward any
email messages, data, information or other content related to your use
of the Services, and you acknowledge that all such email messages,
data, information and content may be immediately deleted by
You agree to pay all fees and charges (and applicable taxes) incurred
which relate to your use of the Services, in accordance with the rates,
terms and conditions established from time to time by CANSOMEBODYHELPME. Such
rates, terms and conditions will be posted on the Site or otherwise
made available to you by CANSOMEBODYHELPME. CANSOMEBODYHELPME shall begin charging
you on the date that you subscribe for the Services, unless otherwise
specified by CANSOMEBODYHELPME. All prices on the Site are net of tax and you
shall be responsible for the payment of all federal, provincial, and
local sales, use, value added, excise, duty and any other taxes
assessed with respect to the Services, other than taxes based on
CANSOMEBODYHELPME' net income.
All charges for the Services must be paid in advance according to the
then current price applicable to the Services. When ordering the
Services through the sign-up server at the Site, you must elect to pay
for the Services by credit card. CANSOMEBODYHELPME reserves the right to
modify the forms of payment it will accept, at any time, in its sole
1.6 Credit Card Payment.
When you pay for the Services by credit card, you expressly authorize
CANSOMEBODYHELPME or its agents to charge all fees and charges incurred by
you under this Agreement to such credit card, and such authorization
will survive termination of this Agreement until there are no charges
owing by you under this Agreement. If you use a credit card and
CANSOMEBODYHELPME does not receive payment from the card issuer, you agree to
pay all amounts due, upon demand by CANSOMEBODYHELPME. You must notify
CANSOMEBODYHELPME of any changes to your credit card account (including,
without limitation, applicable account number or cancellation or
expiration of the account), your billing address, or any information
that may prohibit CANSOMEBODYHELPME from charging your account.
1.7 Failure to Pay.
If you fail to pay any fees and taxes within ten (10) days from
applicable due date for credit card payments, late charges of the
lesser of one and one-half per cent (1.5%) per month (i.e. 18% per
annum) or the maximum amount allowable under applicable law shall also
become payable by you to CANSOMEBODYHELPME. In addition, your failure to
fully pay any fees and taxes within ten (10) days after the applicable
due date will be deemed a material breach of this Agreement, justifying
CANSOMEBODYHELPME' immediate suspension of its performance of the Services
and/or termination of this Agreement. You are responsible for any fees
associated with reinstating the Services. Any such termination would
not relieve you from paying past due fees plus interest. In the event
of collection enforcement, you will be liable for any costs associated
with such collection, including, without limitation, legal fees, court
costs and collection agency fees.
2. Use of Services
2.1 Responsibility for Use.
You are responsible for use of the Services and the maintenance of all
passwords related to the Services. You are solely responsible and
liable for any and all activities that occur in respect of your use of
the Services, including without limitation all activities of any users
authorized by you or using your passwords. You are also responsible for
maintaining the confidentiality of all passwords related to your use of
the Services. You agree to immediately notify CANSOMEBODYHELPME of any
unauthorized use of the Services or your passwords or of any other
breach of security and to provide assistance to CANSOMEBODYHELPME, as
requested, to stop, prevent or remedy any breach of security.
2.2 Applicable Policies and Agreements.
The CANSOMEBODYHELPME Acceptable Use Policy at http://www.CANSOMEBODYHELPME.com/web-site-hosting/usepolicy.html (the "Use Policy") governs the general policies and procedures for use of the Services.
stores, processes and uses information associated with your use of the
Services. You hereby consent to the collection, use and disclosure by
CANSOMEBODYHELPME and its agents of your personal information (whether
previously collected or to be collected) for the purposes identified in
The Service Level Agreement at http://www.CANSOMEBODYHELPME.com/web-site-hosting/sla.htm sets out the minimum service levels provided and guaranteed by CANSOMEBODYHELPME.
All agreements and policies may be updated or amended from time-to-time.
2.3 Material and Product Requirements.
You must ensure that all material and data placed on CANSOMEBODYHELPME'
equipment is in a condition that is "server-ready," which is in a form
requiring no additional manipulation by CANSOMEBODYHELPME. CANSOMEBODYHELPME will
make no effort to validate any of this information for content,
correctness or usability. In the event that your material is not
"server-ready", CANSOMEBODYHELPME has the option at any time to reject this
material. CANSOMEBODYHELPME will notify you of its refusal of the material
and afford you the opportunity to amend or modify the material to
satisfy the needs and/or requirements of CANSOMEBODYHELPME. Use of the
Services requires a certain level of knowledge in the use of Internet
languages, protocols and software. This level of knowledge varies
depending on the anticipated use and desired content of your web site.
You must have the necessary knowledge to create and maintain a web
site. It is not CANSOMEBODYHELPME' responsibility to provide this knowledge
or customer support.
2.4 Bandwidth, Storage, and E-Mail Use.
You agree that use of the Services hereunder will not exceed the
bandwidth, storage and E-mail usage limits set out in the Site for the
Services ordered by you. If you use any bandwidth or storage space in
excess of the agreed upon number of megabytes per month or if you
exceed E-Mail storage and attachment size limitations, CANSOMEBODYHELPME may,
in its sole discretion, assess you with additional charges according to
CANSOMEBODYHELPME' then current pricing policy, suspend the performance of
the Services, or terminate this Agreement. In the event that
CANSOMEBODYHELPME elects to take any corrective action, you will not be
entitled to a refund of any unused pre-paid fees. Warning messages will
be emailed to you as you exceed 80% and 90% of your package's
respective bandwidth and disk space limits. If payment for extra usage
is not received within two weeks of the invoice date, the expiry date
of the account will be adjusted according to the amount outstanding.
2.5 Domain Names.
As part of the Services, you will provide CANSOMEBODYHELPME with a registered
domain name or names or CANSOMEBODYHELPME will register such domain name(s)
selected by you, provided that such domain name is available for
registration and does not violate any registrar’s policies, or any law
or regulation. You agree to promptly reimburse CANSOMEBODYHELPME for any fees
paid by CANSOMEBODYHELPME to any registrar with respect to the registration
and maintenance of such domain name(s). In the event of any dispute or
cause of action arising out of or related to your domain name used in
connection with the Services, upon your request CANSOMEBODYHELPME will
attempt to register with the registrar an alternative domain name
chosen by you. You agree to be bound by the terms the registrar’s then
current domain name policy and/or the policies of the national DNS
registration authorities to which you become subject upon registration
of a domain name. The inability to use a domain name shall not entitle
you to a refund by CANSOMEBODYHELPME of any fees paid with respect to the
registration of such unusable domain name. There is no charge for
indefinite parking of domains on CANSOMEBODYHELPME servers or to transfer to
another service provider. However, in the event a domain that was
registered by CANSOMEBODYHELPME is transferred to another service provider,
and requires manual intervention by CANSOMEBODYHELPME support staff to
complete the transfer, there will be an administrative transfer cost
charged for each domain plus applicable taxes. Domain Parking does NOT
include any hosting services. You may not submit your own DNS entries
because CANSOMEBODYHELPME is NOT a Registrar and hosting services for domain
names residing on the CANSOMEBODYHELPME system must be provided by
CANSOMEBODYHELPME. Domain name payments are non-refundable. Once a domain
name is registered, the WHOIS database stores the information and is
kept there for a period of one year, until the date of renewal. Payment
with respect to domain names will NOT be refunded or credited to your
credit card. You are responsible for spelling a domain name correctly
while registering it online. CANSOMEBODYHELPME will not provide refunds or
credits for misspelled domain names.
2.6 Miscellaneous Components.
You acknowledge that the Services do not include, without limitation,
content design, development, FTP master maintenance, uploading and
publishing, Common Gateway Interface scripts and other such executables
and that all of the foregoing are your responsibility. You may not compile or install binary files other than the ones provided by CANSOMEBODYHELPME. CANSOMEBODYHELPME does not make C compilers available and the PERL binaries provided will
not have networking support (for example, socket ph, ftp.pl, etc.) You
may use ftp to access your home directory for the purpose of installing
and editing your web pages.
3. Intellectual Property Rights
3.1 CANSOMEBODYHELPME Property.
You hereby acknowledge and agree that all programs (in object code and
source code form), data, services, processes, designs, technologies,
materials and all other things comprising the Services are owned by and
shall remain the sole property of CANSOMEBODYHELPME, its licensors or its
suppliers and are protected by applicable copyrights, trade-marks,
patents, trade secrets and/or other proprietary rights and laws.
CANSOMEBODYHELPME shall also maintain and control ownership of all Internet
protocol ("IP") numbers and email addresses that may be assigned to you
by CANSOMEBODYHELPME. CANSOMEBODYHELPME reserves, in its sole discretion, the right
to change or remove any and all such IP numbers and email addresses at
3.2 Your Content.
CANSOMEBODYHELPME does not claim ownership of information, materials,
software or other content (collectively, the "Content") that you post,
upload, input, provide, submit or otherwise transmit to CANSOMEBODYHELPME or
any third party, using the Services. However, you agree that by
posting, uploading, inputting, providing, submitting or otherwise
transmitting the Content to CANSOMEBODYHELPME or any third party, using the
Services, you have thereby granted CANSOMEBODYHELPME a royalty-free,
non-exclusive license to use, copy, distribute, transmit, display,
edit, delete, publish and translate such content to the extent
reasonably required by CANSOMEBODYHELPME for the purposes of rendering and
operating the Services to you under this Agreement or to ensure
adherence to or enforce the terms of this Agreement You expressly (a)
grant to CANSOMEBODYHELPME a license to cache the Content, and (b) agree that
such caching is not an infringement of any of your rights or any third
4.1 Investigation of Violations.
CANSOMEBODYHELPME may investigate any reported violation of this Agreement,
its policies and guidelines or any complaints and take any action that
it deems appropriate and reasonable under the circumstance to protect
its interests, including without limitation, its systems, servers,
facilities, customers and/or third parties. CANSOMEBODYHELPME will not access
or review the contents of any e-mail or similar stored electronic
communications except as required or permitted by applicable law or
CANSOMEBODYHELPME reserves the right in its sole and absolute discretion to
restrict or remove from its servers any content that it deems to be in
violation of this Agreement, its policies or guidelines, third-party
intellectual property rights or any laws. CANSOMEBODYHELPME may immediately
take action, including, but not limited to, (a) issuing warnings, (b)
suspending or terminating the Services, (c) restricting or prohibiting
any and all uses of content hosted on CANSOMEBODYHELPME' systems, and/or (d)
disabling or removing: (i) any hypertext links to third-party web
sites, (ii) any of your content distributed or made available for
distribution via the Services, or (iii) other content not supplied by
CANSOMEBODYHELPME. It is CANSOMEBODYHELPME' policy to terminate Services to
infringers. The above stated rights of action, however, do not obligate
CANSOMEBODYHELPME to monitor or exert editorial control over the information
made available for distribution via the Services and you acknowledge
that CANSOMEBODYHELPME has no obligation to censor or monitor use of the
Services by you, or any obligation to censor or monitor any content,
material or other information sent, received or accessible through the
Services. In the event CANSOMEBODYHELPME takes action due to such possible
violation, CANSOMEBODYHELPME shall not be obligated to refund to you any fees
paid in advance of such action.
4.3 Disclosure Rights.
To comply with applicable laws and lawful governmental requests, to
protect CANSOMEBODYHELPME' systems and customers, or to ensure the integrity
and operation of CANSOMEBODYHELPME' business and systems, CANSOMEBODYHELPME may
access and disclose any information it considers necessary or
appropriate, including, without limitation, user profile information
(i.e., name, e-mail address, etc.), IP address and traffic information,
usage history, and content residing on CANSOMEBODYHELPME' servers and
systems. CANSOMEBODYHELPME also reserves the right to report any activity
that it suspects violates any law or regulation to appropriate law
enforcement officials, regulators, or other appropriate third parties.
To the extent any inconsistency exists between any terms of
this section, CANSOMEBODYHELPME's right to disclose under this section will
5. Warranties and Disclaimers
5.1 Your Warranties and Representations to CANSOMEBODYHELPME.
You warrant, represent, and covenant to CANSOMEBODYHELPME that (a) you are at
least eighteen (18) years of age; (b) you possess the legal right and
ability to enter into this Agreement; (c) you will use the Services
only for lawful purposes and in accordance with this Agreement and all
applicable policies and guidelines; (d) you will be financially
responsible for use of the Services; (e) you have acquired or will
acquire all authorization(s) necessary for hypertext links to
third-party web sites; (f) you have verified or will verify the
accuracy of materials distributed or made available for distribution
via the Services, including, without limitation, your Content,
descriptive claims, warranties, guarantees, nature of business, and
address where business is conducted, and (g) your Content does not and
will not infringe or violate any right of any third party (including
any intellectual property rights) or violate any applicable law,
regulation or ordinance.
5.2 Warranty and Disclaimer. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CANSOMEBODYHELPME
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. Although CANSOMEBODYHELPME will use commercially
reasonable measures to maintain the security of the Services,
CANSOMEBODYHELPME assumes no responsibility for the effectiveness of these
security measures provided by CANSOMEBODYHELPME.
6. Exclusion and Limitation of Liability
6.1 Exclusion of Liability.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT
SHALL CANSOMEBODYHELPME, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS
AND DISTRIBUTORS (COLLECTIVELY, THE "CANSOMEBODYHELPME ENTITIES" AND EACH, A
"CANSOMEBODYHELPME ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR
LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF
PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY
OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES,
REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE
CANSOMEBODYHELPME ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES
ARISING FROM OR IN ANY WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS,
MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR
DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER
OR THROUGH CANSOMEBODYHELPME' SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS
OF THIRD PARTIES.
6.2 Limitation of Liability.
CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES
FROM ONE OR MORE OF THE CANSOMEBODYHELPME ENTITIES. IN SUCH INSTANCE, THE
AGGREGATE LIABILITY OF THE CANSOMEBODYHELPME ENTITIES FOR DAMAGES IS LIMITED
TO THE LESSER OF (A) THE AMOUNT ACTUALLY PAID TO CANSOMEBODYHELPME BY YOU
UNDER THIS AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE
DATE ON WHICH SUCH CLAIM ACCRUED OR (B) THE SUM OF ONE HUNDRED
(CDN$100.00) CANADIAN DOLLARS. THIS LIMITATION APPLIES TO ALL CAUSES OF
ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY
CANSOMEBODYHELPME HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS
ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE THE CANSOMEBODYHELPME
ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS
OF THE LIMITATION STATED IN THIS PARAGRAPH.
6.3 Interruption of Service. You hereby acknowledge and agree that CANSOMEBODYHELPME and its suppliers
will NOT be liable for any delay, outages or interruptions of the
Services. Further, CANSOMEBODYHELPME shall not be liable for any delay or
failure to perform its obligations under this Agreement, where such
delay or failure results from any act of God or other cause beyond its
reasonable control (including, without limitation, any mechanical,
electrical electronic, communications or third-party supplier failure).
7.1 Indemnity to CANSOMEBODYHELPME.
You hereby release and hold harmless, and agree to indemnify, the
CANSOMEBODYHELPME Entities against any and all claims, actions, proceedings,
suits, liabilities, damages, settlements, penalties, fines, costs or
expenses (including, without limitation, reasonable attorneys' fees and
other litigation expenses) incurred by the CANSOMEBODYHELPME Entities,
arising out of or relating to (a) your violation or breach of any term,
condition, representation or warranty of this Agreement, or any
applicable policy or guideline; (b) your use the Services; or (c) your
violation, alleged violation, or misappropriation of any intellectual
property right (including, without limitation, trademark, copyright,
patent, trade secrets) or non-proprietary right of a third party
(including, without limitation, defamation, libel, violation of privacy
7.2 Third Party Beneficiaries.
You are hereby notified that the CANSOMEBODYHELPME Entities are intended
third-party beneficiaries of this Agreement, with a right of
enforcement of the exclusions and limitations of liability and the
indemnities contained in this Agreement.
8. General Provisions
8.1 Entire Agreement.
This Agreement, including any domain registration agreements,
documents, web sites, rules, terms, policies and guidelines referenced
herein, constitutes the entire agreement between CANSOMEBODYHELPME and you
with respect to the matters referred to in this Agreement and
supersedes all prior and contemporaneous agreements and understandings,
whether electronic, oral or written, between CANSOMEBODYHELPME and you with
respect to such matters.
8.2 No Waiver.
The failure of CANSOMEBODYHELPME to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between you
and CANSOMEBODYHELPME nor trade practice shall act to modify any provision of
In the event that any portion of this Agreement is held to be invalid
or unenforceable, the invalid or unenforceable portion shall be
construed in accordance with applicable law as nearly as possible to
reflect the original intention of you and CANSOMEBODYHELPME, and the
remainder of this Agreement shall remain in full force and effect.
8.4 Choice of Laws. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario without reference to rules governing choice of laws and the federal laws of Canada
applicable therein. You hereby irrevocably consent to the exclusive
jurisdiction of the courts of the Province of Ontario and the federal
courts situated in the Province of Ontario in connection with any
matter arising under this Agreement. Use of the Services in any
jurisdiction that does not give effect to all provisions of this
Agreement, including without limitation this paragraph, is prohibited.
8.5 Successor Sites.
All references to CANSOMEBODYHELPME web site addresses in this Agreement
shall also include any successor or replacement web sites containing
substantially similar information as the referenced web site(s).
CANSOMEBODYHELPME may at any time assign its rights and obligations under
this Agreement, in whole or in part, without notice to you. You may not
assign this Agreement.
This Agreement will ensure to the benefit of and bind you and
CANSOMEBODYHELPME and its respective personal and legal representatives,
successors and permitted assigns.
8.8 Currency. All monetary amounts expressed in this Agreement are in Canadian dollars, unless otherwise expressly stated.
8.9 Cumulative Rights.
The rights, powers and remedies of CANSOMEBODYHELPME in this Agreement,
including without limitation the right to suspend, restrict or
terminate Services, are cumulative and in addition to and not in
substitution for any right, power or remedy that may be available to
CANSOMEBODYHELPME at law or in equity.
Any provisions, including without limitation the disclaimers of
warranty and limitations and exclusions of liability contained herein,
that by their meaning are intended to survive termination of this
Agreement shall survive the termination of this Agreement.
8.11 Independent Contractors.
You agree that no joint venture, partnership, employment or agency
relationship exists between CANSOMEBODYHELPME and you as a result of this
Agreement or use of the Services.
8.12 Headings. The section headings in this Agreement are for convenience only and have no legal or contractual effect.
8.13 Notices. Any
notices or other communications sent by CANSOMEBODYHELPME to you shall be
deemed to have been duly given and delivered to you when delivered by
email to the account specified by you when first ordering the Services
notices or other communications sent by you to CANSOMEBODYHELPME shall be
deemed to have been duly given and delivered to CANSOMEBODYHELPME when
delivered by email to SUPPORT@CANSOMEBODYHELPME.com.