Extreme Measures - "Planmine Terms of Use / User Agreement

Definitions

"User" or "You" means any person or other entity who is viewing this agreement and which has been given access to or will be given access to the password protected portion of Our Website.

"Guest User" or "Guest" means any individual who is on a guest list in our system and has been given access to folders and files through a Guest module on Our Website.

"Information" or "Materials" means documents, data, files, information and processes located on Our Website.

"Website" or "System" means the web based application, database and other web based services from Extreme Measures Inc. which provides our Users and their Guests with password protected access to documents, document creation software, data, files, information and materials associated with real property, real estate investment and the leasing and sale of real property.

This Website Service Agreement (the "Agreement") describes the terms and conditions pursuant to which Extreme Measures Inc. ("We" or "Our Company" or "Our") offer services to You or Guest. By registering for or using Our Website, You agree to be bound by the following terms and conditions:

1. General

All Information on Our Website is provided "as is". We make no guarantees as to accuracy, content, quality, or fitness for a particular purpose or use, of any of the Information presented on Our site. Although we make every reasonable attempt to ensure that the Information on this Website is accurate, we do not assume any legal liability or responsibility for any incorrect, misleading, outdated, or missing Information. The Information stored on Our Website is the property of Extreme Measures Inc. We encourage You to share and print the files for normal business use, however; the resale of any file without the permission from Extreme Measures is strictly prohibited.

Extreme Measures Inc. reserves the right to terminate or suspend a User's or Guest's access to all or specific Information at anytime, without notice and without limitation.

User represents and warrants that the contact information you provide is true, accurate, current and complete. User agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by User is untrue, inaccurate, not current or incomplete, Extreme Measures Inc. will have the right to suspend or terminate User's account and this Agreement.

2. Guest Users

The Guest agrees that the use of the Information is at your own risk. The Guest agrees to indemnify and save harmless Extreme Measures Inc., its employees, agents and consultants from and against all claims, losses, demands, costs and expenses (including legal fees), damages or recoveries (including any amounts paid in settlement) arising by reason of, caused by, or alleged to be caused by, the users reliance on the Information. The Guest agrees not to resell the Materials stored on Our Website to any other party without the express written consent of Extreme Measures Inc. and the indemnity in the paragraph above shall apply in respect of any claim by another party. Furthermore, the Guest agrees not to send or otherwise provide Materials stored on Our Website to any other party without the consent of the User. Extreme Measures Inc. will not be liable for any actions of a Guest User.

3. Ownership

You acknowledge that all Materials (except those uploaded by Users) provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, gui, software, and services (collectively "Materials"), are provided either by Extreme Measures Inc. or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by Extreme Measures Inc. and/or its Third Party Providers.

4. No Warranty

You expressly understand and agree that:

(a) your use of Our Website is at your sole risk. The System is provided on an "as is" and "as available" basis. Extreme Measures Inc. and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Extreme Measures Inc. and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our services, software, or content.

(b) Extreme Measures Inc. makes no warranty that:

The service will meet your requirements.
The service will be uninterrupted, timely, secure, or error-free.
The results that may be obtained from the use of the service will be accurate or reliable.
The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
Any errors in the software will be corrected.

(c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

(d) No advice or information, whether oral or written, obtained by You from us or through or from the service shall create any warranty not expressly stated in these terms and conditions.

5. Limitation of Liability

Your use of this Website is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that Extreme Measures Inc. shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:

The use or the inability to use the Service.
The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service.
Unauthorized access to or alteration of your transmissions or data.
Statements or conduct of any third party on the service.
Any other matte relating to the Service.

6. Access and Interference

Violations or attempts to violate Our systems or to interrupt Our services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:

Unauthorized access to or use of Our Website, including any attempt to probe, scan or test the vulnerability of the system or to breach security or authentication measures without express authorization of Extreme Measures Inc.
Interference with service to any user or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks.
Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the services.
Any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Website.

Users shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the services or any other software on Our Website.

7. Modifications to Agreements, Policies or to our Services

We reserve the right to change this Agreement at any time without notice. We also reserve the right at any time to modify or discontinue the service, temporarily or permanently, with or without notice to You. You agree that we shall not be liable to You or any third party for any modification, suspension or discontinuance of the service. You acknowledge that We may establish general practices and limits concerning use of the service, including the maximum number of times (and the maximum duration for which) You may access the service in a given period of time.

8. Force Majeure

Operation of our services may be interfered with by numerous factors outside of our control and we shall not be liable to You for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond Our control.

9. Email Service

You agree that You are responsible for your own communications and for any consequences thereof. You agree that you will use the service in compliance with all applicable local, state, provincial, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:

Use the service to, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Extreme Measures Inc.
Transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations.
Prevent others from using the service.
Use the service for any fraudulent or inappropriate purpose.

Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to provincial and federal penalties and other legal consequences. Extreme Measures Inc. reserves the right, but shall have no obligation, to investigate your use of the service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. We offer no guarantee that any e-mail sent from Our Website will arrive to the recipient or that the files attached (if any) will be accessible or readable by the recipient. Furthermore, all e-mails that you send from our Website will contain a mandatory, third party use disclaimer.

10. Use of e-mail addresses

We may communicate with Users from time to time via e-mail to send information about important changes to our products and services, and to send notices and other disclosures required by law. By providing your email address, you agree to these communications, but they will be primarily informational in nature rather than promotional and will be strictly limited in number. We follow a strict no-spam policy.

11. Security

Although we have taken all reasonable measures to ensure that the Information on this Website is secure, we make no guarantee that the Information will not be the victim of hacking, denial of service attack or any other act that compromises the security and integrity of the system. Furthermore, You are responsible for maintaining the secrecy of your login Information, exiting the system at the completion of your session and cancelling your or a Guest's account or notifying Extreme Measures Inc. when your or your Guest's account is no longer required. We strongly discourage You to share your login information with any other individuals and you agree that we will not be held liable for any consequences, including unauthorized access, that may result from sharing your login information. Furthermore, You agree that Extreme Measures Inc. will not be liable for any consequences, including unauthorized access, that may result from a User or a Guest account that has not been cancelled and remains active when, for example, the User or Guest should no longer have access to the Information.

12. Organization of Information

With the exception of User uploaded Information and Materials, Extreme Measures Inc. will upload, organize, name and maintain the Information and Materials stored on Our Website as We see appropriate and necessary. You may request that We organize, name and maintain the Information and Materials differently, but such a request may not be possible and/or could be subject to charges.

13. Intellectual Property Rights

You acknowledge that Extreme Measures Inc. owns all right, title and interest in and to the service, including without limitation all intellectual property rights. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the service.

14. Advertising

Extreme Measures Inc. may offer and you may choose to accept certain web based services. Unless Extreme Measures agrees, in writing, to the contrary, you agree that if you choose to use such web services, Extreme Measures may, incorporate its own or third party advertising within such web services without your consent and in such format, words and design as Extreme Measures determines in its sole and absolute discretion.

15. DIY Feature Sheets

Users agree not to use DIY Feature Sheets to:

Create or otherwise make available any Content that spreads messages of terror or depicts torture or death-gui; if serious enough, the content will be reported to the appropriate legal authority.
Harm minors in any way, this includes any form of child pornography; if serious enough, the content will be reported to the appropriate legal authority.
Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

We neither sanction nor permit the creation of any feature sheet that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, pornography, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation. We reserve the right to immediately remove any feature sheet and suspend or terminate any account or transmission that violates this policy, without prior notice. Further, should Users violate this policy, We will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Users, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content. The use of content on any feature sheet created by You, regardless of the method in which the feature sheet is provided or distributed, has not been approved by Extreme Measures Inc. and is therefore at the sole and absolute risk of the User, without limitation.

16. Uploading Data

Users agree not to use the uploading feature of Planmine to:

upload, post, email, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death-gui; if serious enough, the content will be reported to the appropriate legal authority.
harm minors in any way, this includes any form of child pornography; if serious enough, the content will be reported to the appropriate legal authority.
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

17. Illegality/Adult Content

We neither sanction nor permit site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, pornography, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation. We reserve the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice. Further, should Users violate this policy, We will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Users, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.

18. Wrongful Conduct

Users shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.

19. Copyright or Trademark Infringement

Planmine and DIY Feature Sheets may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If You use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that You are the author and copyright owner and/or proper licensee with respect to any hosted content and You further represent and warrant that no content violates the trademark or rights of any third party. We reserve the right to suspend or terminate a User's transmission(s) that, in Our discretion, violates these policies or violates any law or regulation.

20. Misuse of System Resources

Users shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on Our servers.

21. Other Activities

Whether lawful or unlawful, We reserve the right to determine what is harmful to our Users, operations or reputation, including any activities that restrict or inhibit any other User from using and enjoying the Service or the Internet. We reserve the right to cancel any account or transmission We find in violation of any of the above policies. If appropriate, We will refer complaints to law enforcement authorities, and in such case, We will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering User account and data information. Complaints about violators of our Policy should be sent via e-mail to mail@xmeasures.com. Each complaint will be investigated and may result in the immediate cancellation of Services without prior notice.

22. User Data

Although your data will be backed up by Us, Users have sole responsibility and liability for the data uploaded, stored and used on Our servers. Users will control the data through generated links and web based interface. We encourage You to archive your data regularly and frequently; User bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. User agrees to maintain its data in compliance with its legal obligations.

23. Indemnity

You agree to defend, indemnify, and hold harmless Extreme Measures Inc., its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the service, or your breach of this Agreement or other Extreme Measures Inc. policies, terms and conditions.

24. Termination

Without limiting other remedies, Extreme Measures Inc. may immediately issue a warning, suspend (i.e., lock out access and operation of Services for User) either temporarily or indefinitely, or terminate User's account and refuse to provide Services to User if:

We believe that User has violated or acted inconsistently with this Agreement, or any of our policies.
User has failed to pay fees or other payments due to Extreme Measures Inc.
We are unable to verify or authenticate any information User provides to Us.
We believe that User's actions may cause legal liability for User, Our other clients, or Extreme Measures Inc.

Extreme Measures Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that Extreme Measures Inc. may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that Extreme Measures Inc. shall not be liable to You or any third-party for any termination of your access to the Service. Upon termination of this Agreement by Extreme Measures Inc., all of User rights under this Agreement, and Our provision of Services, will terminate immediately.

25. Survival

The Sections ("User Data"), ("No Warranty"), ("Indemnity"), ("Limitation Of Liability") and this Section will survive any termination of this Agreement.

26. Miscellaneous

These terms and conditions will be governed by and construed in accordance with the laws of Canada.

27. Relationship

User and Extreme Measures Inc. are independent of each other, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

28. Assignment

User may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void.

29. Interpretation

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

30. Confidential Information

You represent and warrant to Extreme Measures Inc. that:

You are not a competitor of Extreme Measures Inc.
You shall keep publicly unannounced information and materials pertaining to Extreme Measures Inc., pre-release software, testing or testing procedures strictly confidential.
You shall not use any information gained from access to Our Website or use of the Planmine Service to compete with Extreme Measures Inc. in its business.

31. Exceptions

Except for other agreements or terms appearing on the Website, this Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof.

32. Extreme Measures Inc.

For the purposes of this agreement Extreme Measures Inc. includes its employees, offices, directors, shareholders and Third Party providers.

User Agreement / Terms of Use (www.xmeasures.com)