TERMS OF USE

Effective January 14, 2019

  1. INTRODUCTION

    Welcome to the Estated website ("Site"). Please read these terms of use carefully before accessing any part of this Site. Your access to, and use of this Site, including the materials and information accessible on and from this Site, constitutes your agreement with and acknowledgment of these terms of use ("Terms of Use") as may be amended from time to time by Estated ("Estated") without notice. If you do not agree with these Terms of Use, do not access or otherwise use this site.

  2. LICENSE AND SITE ACCESS

    Estated grants you a limited license to access and make use of this Site. This license does not include the right for you to modify, resell, or make derivative works of any information on this Site. No portion of this Site may be reproduced, duplicated or copied without the express written consent of Estated. If you use this Site, and choose to license the access to certain data, products or services offered on this Site under a separate agreement, you are responsible for maintaining the confidentiality of your account and your password. You are also responsible for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Estated does not sell products for children. If you are under 18, you may use this Site only with involvement of a parent or guardian. Estated reserves the right to refuse service, terminate accounts, or cancel orders placed on this Site in its sole discretion.

  3. NO WARRANTIES OR REPRESENTATIONS

    This Site is intended to be for general reference and informational purposes only and it may contain inaccurate, incomplete or out-of-date information. Your use of this Site is at your own risk and Estated does not warrant or make any representations of any kind with respect to the materials and information contained on this Site. Estated makes no warranty that the site will meet your requirements or be available in an uninterrupted, timely secure or error-free basis. Your sole and exclusive remedy for issues relating to the use of, or the material on, this Site shall be to discontinue accessing this Site and discontinue use of the information or material obtained. THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, DATA, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ESTATED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. ANY CONTENT, MATERIALS, INFORMATION, DATA, SOFTWARE OR PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. ESTATED SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, DATA, SOFTWARE OR PRODUCTS.

  4. INDEMNITY

    You will indemnify and hold harmless Estated, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.

  5. LIMITATION OF LIABILITY
    5.1

    YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE ESTATED SERVICE IS TO STOP USING THE ESTATED SERVICES.

    5.2

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ESTATED, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE ESTATED SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THE APP, REGARDLESS OF LEGAL THEORY, EVEN IF ESTATED HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL ESTATED’S AGGREGATED LIABILITY EXCEED THE AMOUNT OF $100.00 USD.

    5.3

    Estated, it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Site and Services, or any errors, in or omissions from information in the Site and Services. Estated is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Site or Services, nor caused by the delay, malfunction of the operation or the availability of the Site or Services.

  6. USE OF DATA, PRODUCTS AND SERVICES

    Any use of data, products or services and accompanying documentation you download from the Site is subject to the terms of a separate license agreement between you and Estated. You must read the license agreement and indicate your agreement to its terms prior to using the data, products or services. All rights, title and interest not expressly granted are reserved.

  7. PRIVACY POLICY STATEMENTS

    This Site may contain links to other sites and/or information provided by third parties and Estated is not responsible for the privacy practices or content of any site not owned or operated by Estated.

  8. LINKS TO OTHER SITES

    Estated may provide links to other sites maintained by third parties. Estated has not reviewed or endorsed these linked sites, and you hereby acknowledge and agree that Estated shall not be responsible for the content, products or services offered in such sites. To the greatest extent possible, you are responsible for compliance with all local laws regarding material or information obtained from this Site or linked sites. If you decide to access or use any of the third party sites linked to this Site, you do so entirely at your own risk.

  9. ACCEPTABLE USE POLICY
    9.1

    You agree that you will not misuse our Services. A misuse constitutes any use, access or interference with the Site, App, or Service contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do anything of the following:

    1. Send or otherwise post unauthorized commercial communications (such as spam) through the Site;
    2. Collect Users' content or information, or otherwise access the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
    3. Upload viruses or other malicious code;
    4. Bully, intimidate, or harass any other User;
    5. Post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;
    6. Harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
    7. Take any action creating a disproportionately large usage load on our Site unless expressly permitted by Estated;
    8. Create more than one account or share your account with anyone;
    9. Post or transmit content that is misleading.
    10. Communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
    11. Encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Site;
    12. Post or transmit hyperlinks to other websites that violate these Terms;
    13. Facilitate or encourage any violation of these Terms.
    9.2

    Users are solely responsible for their own content and the consequences of making the content available to third-parties.

  10. INTELLECTUAL PROPERTY

    Any materials and information available on this Site, including, without limitation, all design, text, images, photographs, press releases and other information, are protected under United States, Canada and other copyright laws and are owned by Estated and/or used under license from the copyright owner. Except for information licensed under a separate license agreement available on this Site – which shall be governed by such separate license agreement, the materials and information may not, except if granted in writing from a duly authorized representative of Estated, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Estated’s prior written consent, except to the extent that such use is authorized under the United States, Canada and other relevant copyright laws. Estated’s trademarks, logos, images, and service marks used on this Site are the property of Estated and may not be used without the prior written consent of a duly authorized representative of Estated and without proper acknowledgment.

  11. GOVERNING LAW

    This agreement will be governed by the laws of the Province of British Columbia, Canada. Any party bringing legal action or proceeding against the other party arising out of or relating to this agreement shall bring the legal action or proceeding only in the Province of British Columbia. Data Nerds may assign its rights and obligations under this agreement to a parent, affiliate, subsidiary, partner or successor. The terms of this agreement will be superceded by any subsequent contract(s).

  12. UPDATES AND REVISIONS TO THESE TERMS OF USE AND THIS SITE

    ESTATED MAY MAKE CHANGES OR REPLACE OUR TERMS OF USE AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE SITE AND MAKE IT AVAILABLE THROUGH THE APP AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS OF USE AGREEMENT WILL TAKE EFFECT IMMEDIATELY UPON POSTING. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS OF USE AGREEMENT AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED UPDATED TERMS OF USE. THE TERMS OF USE AGREEMENT APPLIES REGARDLESS FROM WHICH PLATFORM YOU ACCESS OUR SITE OR APP.

  13. SEVERABILITY

    If any one or more of the terms or provisions of these Terms of Use is deemed unlawful, void or for any reason unenforceable by any court in any jurisdiction, then any such term(s) or provision(s) shall be deemed severable from the remaining terms or provisions in such jurisdiction and will not affect the validity and enforceability of such remaining terms or provisions.

  14. TERMINATION OF USE

    You agree that Estated may, in its sole discretion terminate your access to the Site at any time. Access to the Site may be monitored by Estated.