Terms Of Use
Updated January 3rd 2024
User Agreement
Your use of Jeffery Hawke . Com Services is subject to the terms and conditions set forth in these Terms of Service (the “Agreement”). This Agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights Jeffery Hawke has if you do something which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and Jeffery Hawke and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.
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Eligibility; Registration and Account Security.
- The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
- If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
- You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Jeffery Hawke . com , to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
- You acknowledge and accept that despite the security measures Jeffery Hawke takes in connection with the Services, Hawkes system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Jeffery Hawke may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Jeffery Hawke shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Subscriber Content and Subscriber Websites.
- Dedicated Servers. Jeffery Hawke reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. Jeffery Hawke reserves the right to audit servers as needed and to perform administrative actions at the request of our teams. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.
- Jeffery Hawke Content.
Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Hawke Content”), are the property of Jeffery Hawke or its licensors. No Hawke Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Hawke Content. Any use of the Hawke Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Hawke Content granted herein. All rights of Jeffery Hawke or its licensors that are not expressly granted in this Agreement are reserved to Jeffery Hawke and its licensors. - Subscriber Content.
- You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “Subscriber Content”). Subscriber Content includes any content posted by you and users of any of your websites hosted through the Services (“Subscriber Websites”). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to Jeffery Hawke that (i) you have all necessary rights to post or distribute such Subscriber Content, and (ii) your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party
- You acknowledge and agree that Jeffery Hawke . com may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in Hawke’s sole discretion, including without limitation removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that Jeffery Hawke shall have no liability due to any corrective action that Jeffery Hawke may take, including without limitation suspension or termination of Services.
- You hereby grant to Jeffery Hawke, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and (ii) make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, Jeffery Hawke is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.
- Compliance with Applicable Law.
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from Canada or the country in which you reside. The Services are controlled and operated by us from our offices within the Canada (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Notice and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law. For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR. - Additional User Responsibilities.
- You will be solely responsible for all activities conducted on or through a Subscriber Website, including any transactions or interactions with end users of a Subscriber Website. You will be solely responsible for providing such end users with any required disclosure or explanation of the various features of the Subscriber Website and any goods or services offered thereon, as well as any terms of use and Privacy Notice for the Subscriber Website.
- You will cooperate fully with Jeffery Hawke . com in connection with provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Agreement will extend the time for Jeffery Hawke . coms performance of its obligations that depend on your performance.
- You will be solely responsible for ensuring that all Subscriber Content and Subscriber Websites are compatible with the hardware and software used by Jeffery Hawke to provide the Services, which hardware and software may be changed by Jeffery Hawke . com from time to time in its sole discretion.
- You will be solely responsible for backing-up all Subscriber Content, including any Subscriber Websites off of servers. This is an affirmative duty. Jeffery Hawke is not responsible for the loss of any Subscriber Content. Note: It is essential that Subscribers backup files offline, even if user purchases or has products, such as Site Backup and Restore.
- You will use your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
- You will not use the Services in any manner, as determined by Jeffery Hawke .com in its sole discretion, that:
- Engages in or promotes illegal activity;
- Engages in or promotes behavior that is defamatory, harassing, abusive or otherwise objectionable;
- Infringes the intellectual property rights or other proprietary rights of any third party;
- Violates the privacy rights or publicity rights of any third party;
- Interferes with the operation of the Services; or
- Violates the terms and conditions of this Agreement or any of the policies or agreements incorporated by reference herein.
- Third Party Websites.
The Services may contain links to other websites that are not owned or controlled by Jeffery Hawke . com (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate. - Payment.
- Fees Due. You will pay to Jeffery Hawke . com all fees for the Services set forth in the registration form presented to you at the time you order the Services. All fees are non-refundable when paid except as otherwise provided herein.
- Pricing. Jeffery Hawke .com may change our prices from time to time. Jeffery Hawke . com may increase the fees for the Services (i) as permitted in the applicable Service description published on the website or in a promotional offer (collectively, the “Service Description”), and (ii) at any time on or after the expiration of the Initial Term by providing at least thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the Subscriber billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information provided by Jeffery Hawke . com through the Subscriber billing tool or other methods of communications and notices sent or posted by Jeffery Hawke . com.
- Taxes. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to Jeffery Hawke . com invoices for the fees as separate charges to be paid by you.
- Add-On Services. If you purchase certain add-on services from Jeffery Hawke . com such as Domain Privacy, SSL certificates, or security services, you may be required to apply the Service to a specific domain name to begin using the Service. Jeffery Hawke . com is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.
- Disputes. You have ninety (90) days to dispute any charge or payment processed by Jeffery Hawke . com. If you have a question concerning a charge you believe is incorrect, please call us. If you initiate a chargeback, there may be a minimum charge of $25.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.
- Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
- Foreign Currencies. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in CAN dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Jeffery Hawke . com is not responsible for any change in exchange rates between the time of payment and the time of refund.
- Term and Automatic Renewal.
- Initial Term. The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the “Initial Term”).
- Automatic Renewal. Unless you cancel the Services or disable the automatic renewal option as set forth in sub-section d below, following the expiration of the Initial Term the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Term”). The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” For Services with Term lengths of three (3) months or longer.
- Termination and Non-Payment.1. Failure to Pay. If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by Jeffery Hawke . com, including without limitation, any arbitration and legal fees and Jeffery Hawke . com reasonable attorneys’ fees. If any check is returned for insufficient funds, Jeffery Hawke . com may impose a minimum processing charge of $55.00 plus any applicable taxes. Accounts will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Subscriber Content that results from any suspension or termination of the Services 2. Termination Procedure. You may terminate the Services you purchased at any time
during the Term by giving Jeffery Hawke . com notice by phone or online chat.
The cancellation request is subject to verification of ownership of the account and/or
domain, as determined in Jeffery Hawke . com sole discretion. In the event of such cancellation,
you shall be obligated to pay all fees and charges accrued prior to the effectiveness of
such cancellation subject to the terms of the thirty (30) day money-back guarantee if
applicable. After the account is canceled, all Subscriber Content will be permanently
removed from the server. Please make a backup of all Subscriber Content before you
contact Jeffery Hawke . com to cancel your account.3. Termination by Jeffery Hawke . com. Jeffery Hawke . com may terminate your access to the Services, in
whole or in part, including deletion or confiscation of all files, content, and/or
domain name registrations, without notice in the event that: (i) you fail to pay
any fees due hereunder to Jeffery Hawke . com; (ii) you violate the terms and conditions of
this Agreement; (iii) your conduct may harmJeffery Hawke . com or others, cause Jeffery Hawke . com
or others to incur liability, or disrupt Jeffery Hawke . com business operations (as determined
by Jeffery Hawke . com in its sole discretion); (iv) you are abusive towardJeffery Hawke . com staff in any
manner; or (v) for any other lawful reason, including to comply with applicable law,
or as otherwise specified in this Agreement. In such event, Jeffery Hawke . com will not
refund to you any fees paid in advance of such termination, and you shall be
obligated to pay all fees and charges accrued prior to the effectiveness of such
termination.4. Modification of Services. Jeffery Hawke . com reserves the right to modify, change, or discontinue
any aspect of the Services at any time.5. Data Deletion.
1. Shared Hosting Accounts. Upon termination of the Services for any reason,
Subscriber Content, Subscriber Websites, and other data will be deleted. You
are solely responsible for maintaining backup copies of all Subscriber Content,
Subscriber Websites, and other data. Jeffery Hawke . com is not responsible for the
loss of any Subscribe Content. It is essential that Subscribers backup files offline,
even if Subscribers purchase or have products, such as Site Backup and Restore.2. VPS and Dedicated Accounts. Upon termination of the VPS or Dedicated Hosting
services for any reason, access to your cPanel account will be restricted for a period
of approximately seven (7) days and you will not be able to log into your cPanel
account. If the account has not been renewed after eight (8) days following
expiration, the server will be suspended for approximately thirteen (13) days.
Dedicated servers that have invoices outstanding for more than twenty-one (21)
days may be subject to being reclaimed which will result in the loss of all data on
the server. Jeffery Hawke . com is not responsible for any loss of data resulting from such
deletion.3. Jeffery Hawke . com reserves the right to terminate any account that has been in a suspended or
deactivated state for thirty (30) days which will result in the loss of all data stored on
the account.10. Refund Policy.
1. Cancellations After 30 Days. Jeffery Hawke . com does not offer refunds for cancellations that
occur after thirty (30) calendar days following the purchase.
11. Jeffery Hawke . com as Reseller or Licensor.
1. Third Party Services. Jeffery Hawke . com is a reseller or licensor of certain third party products and services (collectively, “Third Party Services”) including without limitation as sold through the Jeffery Hawke . com Marketplace (the “Marketplace”). Your purchase and use of Third Party Services are generally subject to the applicable third party’s terms and conditions. Jeffery Hawke . com is not responsible for any changes in the Services that cause any Third Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third Party Services. Any malfunction or manufacturer’s defects of Third Party Services either sold, licensed or provided by Jeffery Hawke . com to you or purchased directly by you and used in connection with the Services will not be deemed a breach of Jeffery Hawke . com obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third Party Services are limited to those rights extended to you by the manufacturer of such Third Party Services. You are entitled to use Third Party Services supplied by Jeffery Hawke . com only in connection with your permitted use of the Services unless otherwise expressly provided.
2. Themes and Plugins. In the event the Third Party Services you purchase include a website theme or plugin, the following additional terms shall apply to your purchase. Third parties can upload, distribute, and sell products such as website themes and plugins through the Marketplace (each referred to as a “Seller”). Your purchase of and/or download of any theme or plugin from the Marketplace does not grant you an ownership or other exclusive interest in such theme or plugin. If you purchase a theme or plugin, you are also subject to the terms of the GNU General Public License, version 2.0 or later (“GPL”).
3. Seller Support. Jeffery Hawke . com is not responsible for any Seller’s failure to support any theme or plugin. Seller shall provide basic email-based support of the theme or plugin for the purpose of assisting with basic questions regarding their use, as well as access to any patches, bug fixes or new releases of a product for the purpose of correcting any errors or defects for no additional charge. You are entitled to such support for one (1) year from the date of purchase.
12. Internet Protocol (IP) Address Ownership.
If Jeffery Hawke . com assigns you an Internet Protocol (“IP”) address for your use, you shall
have no right to use that IP address except as permitted by Jeffery Hawke . com in its sole
discretion in connection with the Services during the Term. Jeffery Hawke . com shall retain
ownership of all IP addresses assigned to you by Jeffery Hawke . com, and Jeffery Hawke . com reserves the
right to change or remove any and all such IP addresses in its sole discretion.
13. Resource Usage.
1. Shared Hosting
1. Acceptable Use Policy. Hosting space is intended for use in accordance with Jeffery Hawke . com Acceptable Use Policy, and is limited to Web files, active e-mail and content of the hosted Subscriber Websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. Jeffery Hawke . com expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. Jeffery Hawke . com may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that are found to be in violation of Jeffery Hawke . com policies. You hereby agree that Jeffery Hawke . com shall have no liability due to any action that Jeffery Hawke . com may take, including without limitation suspension or termination of Services in connection with your violation of this section.
2. Plan Limits. Jeffery Hawke . com may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that exceed the limit(s) of the Subscriber’s current plan. To avoid service interruption, Jeffery Hawke . com may automatically upgrade your account to a higher tier plan at an additional fee if you exceed the limit(s) of your current plan.
3. Excessive Server Resources. Use of Jeffery Hawke . com resources must be consistent with a shared hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables (i.e., in excess of 5000 database tables) or of an excessive database size (i.e., in excess of 10GB total database usage or 5GB database usage in a single database) negatively affect the performance of the server. In the event Subscriber exceeds these amounts, Jeffery Hawke . com may request that a Subscriber’s number of files/inodes, database tables, or total database usage be reduced to ensure proper service performance. Jeffery Hawke . com reserves the right to terminate a Subscriber account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.
4. Unlimited File Transfer. Jeffery Hawke . com does not set arbitrary limits on the amount of visitor traffic Subscriber Websites can receive in any given month, nor does Jeffery Hawke . com charge additional fees based on the increased use of bandwidth, as long as the Subscriber’s use of the Services complies with this Agreement. In most cases, Subscriber Websites will be able to support as much traffic as the Subscriber can legitimately acquire. However, Jeffery Hawke . com reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
2. Virtual Private Servers (VPS) and Dedicated Servers Usage.
1. Resource Usage. Dedicated and VPS usage is limited by the resources allocated to the
specific plan that you have purchased.
2. Backup. Each Subscriber is solely responsible for backing-up all Subscriber Content, including
any Subscriber Websites. Jeffery Hawke . com is not responsible for the loss of any Subscriber Content.
3. Subscriber Super-user Access. Subscriber acknowledges that Subscriber is solely responsible
for any changes made with super-user access and that Jeffery Hawke . com may not be able to reverse
any changes and/or recover data lost or damaged through the use of super-user privileges.
Jeffery Hawke . com level of support to those Subscribers accessing super-user privileges will be
limited as follows:
1. Reinstallation of corrupted modules, such as control panel files, web server files, etc.;
2. Reinstallation of the baseline operating system and core file image at Subscriber’s request.
Subscriber acknowledges and understands that a new image install will cause the irreversible
complete loss of all data stored on the server. Jeffery Hawke . com is not liable for any data lost as a result of
this action;
3. Restoration of files from available backups at Subscriber’s request. This restoration will be a full
restore of the backup files as Jeffery Hawke . com does not offer file-by-file restoration services. Jeffery Hawke . com
reserves the right to charge a restoration fee if you request copies of the backups;
4. Jeffery Hawke . com will not attempt any configuration or setup of DNS, firewalls, web server, etc.; and
5. Jeffery Hawke . com will attempt basic diagnostics upon Subscriber’s request.
6. Jeffery Hawke . com does not offer in-depth manual diagnostics as part of the Service. Subscriber may
contact A Professional Service to inquire about additional support offerings.
14. Disclaimer.
You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Jeffery Hawke . com exercises no control over, and accepts no responsibility for, the content of the information passing through Jeffery Hawke . com host computers, network hubs and points of presence or the Internet.
15. Limited Warranty.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” Jeffery Hawke . com AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “Jeffery Hawke . com PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE Jeffery Hawke . com PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE Jeffery Hawke . com PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY Jeffery Hawke . com OR Jeffery Hawke . com REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. Jeffery Hawke . com DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. Jeffery Hawke . com DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR Jeffery Hawke . com IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
16. Limitation of Liability.
- Jeffery Hawke . com SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE Jeffery Hawke . com PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Jeffery Hawke . com IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Jeffery Hawke . com LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Jeffery Hawke . com FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, Jeffery Hawke . com LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
17. Indemnification.
You agree to indemnify, defend and hold harmless the Jeffery Hawke . com Parties from and against
any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings
(whether legal or administrative), and expenses (including, but not limited to, reasonable
attorney’s fees) threatened, asserted, or filed by a third party against any of the Jeffery Hawke . com
Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation
by you of this Agreement; or (iii) any of your acts or omissions, except to the extent any of
the foregoing directly results from Jeffery Hawke . com own gross negligence or willful misconduct.
The terms of this section shall survive any termination of this Agreement.
18. Governing Law and Arbitration.
1. Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to
this Agreement, the formation of this Agreement or the breach of this Agreement,
including any claim based upon or arising from an alleged tort, shall be governed
by the substantive laws of the Province of Saskatchewan. The United Nations Convention on
Contracts for the international Sale of Goods does not apply to this Agreement.
Any suit, action or proceeding concerning this Agreement must be brought in a
Provincial or federal court located in Moose Jaw Saskatchewan. You irrevocably consent to
the exclusive jurisdiction of such courts (and of the appropriate appellate courts
therefrom) in any such suit, action or proceeding and irrevocably waives, to the
fullest extent permitted by applicable law, any objection which it may now or
hereafter have to the laying of the venue of any such suit, action or proceeding in
any such court or that any such suit, action or proceeding which is brought in any
such court has been brought in an inconvenient forum.
2. Arbitration.
For all Subscribers who signed up for or purchased Services on or after
April 1, 2017, the following terms shall also apply:
1. Jeffery Hawke . com and you (such references include our respective subsidiaries, affiliates,
predecessors in interest, successors and assigns) agree to arbitrate all disputes
and claims arising out of or relating to this Agreement between Jeffery Hawke . com and you.
2. A party who intends to seek arbitration must first send written notice to
Jeffery Hawke . com Legal Department of its intent to arbitrate (“Notice”). The Notice to
Jeffery Hawke . com should be sent by any of the following means: (i) electronic mail or text message.
The Notice must (x) describe the nature and basis of the
claim or dispute; and (y) set forth the specific relief sought. If we do not reach an
agreement to resolve the claim within thirty (30) days after the Notice is received,
you or Jeffery Hawke . com may commence an arbitration proceeding.
3. The arbitration shall be governed by the Canadian Arbitration Association, as modified
by this Agreement , and shall be administered by the Canadian Arbitration Association. All issues are for the
arbitrator to decide, including the scope of this arbitration clause, provided,
however, that the arbitrator is bound by the terms of this Agreement.
4. You agree that, by entering into this Agreement, you and Jeffery Hawke . com are
waiving the right to a trial by jury.
6. If you initiate litigation or any other proceeding against Jeffery Hawke . com in violation of
this section, you agree to pay Jeffery Hawke . com reasonable attorneys’ fees incurred in
connection with its enforcement of this section.
7. The parties shall maintain the confidential nature of the arbitration proceeding
and any award, including the hearing, except as may be necessary to prepare for
or conduct the arbitration hearing on the merits, or except as may be necessary in
connection with a court application for a preliminary remedy, a judicial challenge
to an award or its enforcement, or unless otherwise required by law or judicial
decision.
8. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU
NOR Jeffery Hawke . com MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR
AGAINST OTHER SUBSCRIBERS, OR LITIGATE IN COURT OR ARBITRATE ANY
CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY. Further, you agree that the arbitrator may not
consolidate proceedings or more than one person’s claims, and may not
otherwise preside over any form of a representative or class proceeding, and that
if this specific proviso is found to be unenforceable, then the entirety of this
arbitration clause shall be null and void. The arbitrator may award injunctive relief
only in favor of the individual party seeking relief and only to the extent necessary
to provide relief warranted by that party’s individual claim.
19. Miscellaneous.
1. Backups. For its own operational efficiencies and purposes, Jeffery Hawke . com from
time to time backs up data on its servers, but is under no obligation or duty to
Subscriber to do so under this Agreement. IT IS SOLELY SUBSCRIBER’S DUTY AND
RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON Jeffery Hawke . com SERVERS,
AND under no circumstance will Jeffery Hawke . com be liable to anyone FOR DAMAGES OF ANY KIND
under any legal theory for loss of Subscriber files and/or data on any Jeffery Hawke . com server.
Jeffery Hawke . com reserves the right to charge a restoration fee if you request copies of the backups.
Jeffery Hawke . com will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for
any reason and does not maintain any backups of dedicated accounts.
3. Headings. The headings herein are for convenience only and are not part of this Agreement.
4. Entire Agreement. This Agreement, including documents incorporated herein
by reference, supersedes all prior discussions, negotiations and agreements
between the parties with respect to the subject matter hereof, and this
Agreement constitutes the sole and entire agreement between the parties
with respect to the matters covered hereby.
5. Severability. If any provision or portion of any provision of this Agreement shall
be held to be illegal, invalid or unenforceable by a court of competent
jurisdiction, it is the intention of the parties that the remaining provisions or
portions (unless otherwise specified) thereof shall constitute their agreement
with respect to the subject matter hereof, and all such remaining provisions or
portions (unless otherwise specified) thereof shall remain in full force and effect.
6. Waiver. No failure or delay by any party hereto to exercise any right or remedy
hereunder shall operate as a waiver thereof, nor shall any single or partial
exercise of any right or remedy by any party preclude any other or further
exercise thereof or the exercise of any other right or remedy. No express waiver
or assent by any party hereto to any breach of or default in any term or condition
of this Agreement shall constitute a waiver of or an assent to any succeeding
breach of or default in the same or any other term or condition hereof.
7. Assignment; Successors. You may not assign or transfer this Agreement or
any of its rights or obligations hereunder, without the prior written consent
of Jeffery Hawke . com . Any attempted assignment in violation of the foregoing provision
shall be null and void and of no force or effect whatsoever. Jeffery Hawke . com may assign
its rights and obligations under this Agreement, and may engage
subcontractors or agents in performing its duties and exercising its rights
hereunder, without your consent. This Agreement shall be binding upon and
shall inure to the benefit of the parties hereto and their respective successors
and permitted assigns.
8. Force Majeure. Neither party is liable for any default or delay in the
performance of any of its obligations under this Agreement (other than
failure to make payments when due) if such default or delay is caused,
directly or indirectly, by forces beyond such party’s reasonable control,
including, without limitation, fire, flood, acts of God, labor disputes,
accidents, acts of war or terrorism, interruptions of transportation or
communications, supply shortages or the failure of any third party to perform
any commitment relative to the production or delivery of any equipment or
material required for such party to perform its obligations hereunder.
9. Third-Party Beneficiaries. Except as otherwise expressly provided in this
Agreement, nothing in this Agreement is intended, nor shall anything
herein be construed to confer any rights in any person other than the
parties hereto and their respective successors any supplier of a third-party
product or service that is identified as a third-party beneficiary in the
Service description, is an intended third-party beneficiary of the
provisions set forth in this Agreement as they relate specifically to its
products or services and shall have the right to enforce directly the terms
and conditions of this Agreement with respect to its products nor services
against you as if it were a party to this Agreement.
By continuing to use our services you agree to be bound to the terms in this agreement. If you do not agree with the terms of use laid out in the page above, immediately stop using our services.