that may be introduced as the service evolves.
MWiz may amend the ToU at any time and in any manner; any amendment shall be effective immediately upon
transmission of notice by email, conventional mail, website, or any other means.
Each use by you of MWiz reaffirms your agreement to be bound and to
abide by the ToU as amended. MWiz does not currently charge for the
service and plans to offer a free service for the foreseeable future. The
Service reserves the right to modify or discontinue MWiz with or without
notice. The Service reserves the right to institute a fee for a portion or all
services offered upon thirty (30) days notice. The Service shall not be liable to
you or any third party should MWiz exercise its right to modify or
Description of MeetingWizard
MWiz provides the capability to schedule meetings and other events via the Internet. You must provide all
equipment, including a computer and Internet connection to access MWiz. You are responsible
for any third party Internet Service Provider or telephone service fees associated with such access.
MWiz is not obligated to provide any assistance to you, including
technical or customer support, and your use of MWiz is at your own risk.
You acknowledge that MWiz may add your return e-mail address and a signature file (including a link to
be used by individuals interested in using MWiz) to the end of email messages sent by you.
To ensure the integrity of MWiz, you agree to: (1) provide certain current and accurate
information about yourself as prompted to do so by MWiz and (2) maintain
and update this information as required to keep it current and
accurate. All information requested on original sign up and afterwards shall be referred to as
"Contact Info". You agree that MWiz has the right to disclose to third parties any or
all Contact Info about service membership in the aggregate;
however, such disclosures will exclude your name, mailing address, email
address, account and phone number, unless: (1) you expressly direct the
Service, or any other person you may specifically designate to disclose such
information through MWiz as provided by MWiz, or (2) MWiz
is required to disclose such information by any applicable law or legal process
served on MWiz.
If any information provided by you to MWiz is found to be incomplete or inaccurate, the
Service retains the right to terminate your membership and rights to use the
You are solely responsible
for the contents of your transmissions through MWiz. Your use of the
Service is subject to all applicable local, state, national and international
laws and regulations.
You agree: (1) to comply
with US law regarding the transmission of technical data exported from the United
States through MWiz; (2) not to upload or distribute in any way files
that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer; (3) not to use
MWiz for illegal purposes; (4) not to interfere or disrupt networks
connected to MWiz; (5) to comply with all regulations, policies and
procedures of networks connected to MWiz; and (6) not to use MWiz
to collect or harvest personal information, including, without limitation,
financial information about other users of MWiz.
The Service makes use of
the Internet to send and receive certain messages; therefore, your conduct is
subject to Internet regulations, policies and procedures. You will not use the
Service for chain letters, junk mail, spamming or any use of distribution lists
to any person who has not given specific permission to be included in such a
process. If you send spam, your account will be terminated immediately. The
Service will turn over any and all information regarding the incident to any
person who requests it.
You agree not to transmit
through MWiz any unlawful, harassing, discriminatory, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material of
any kind or nature. You further agree not to transmit any material that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national or
international law or regulation. Attempts to gain unauthorized access to other
computer systems are prohibited. You agree not to send transmissions through
MWiz which attempt to hide your identity or represent yourself as
You shall not interfere
with another member's use and enjoyment of MWiz or another entity's use
and enjoyment of similar services.
The Service may, at its sole discretion, immediately terminate your access to MWiz should your
conduct fail to conform with these terms and conditions of this ToU.
Since it is MWiz's policy to respect your privacy, MWiz will not monitor, edit, or disclose
the contents of a your private communications unless required to do so by law or in the good
faith belief that such action is necessary to: (1) conform to the requirements
of the law or comply with legal process served on MWiz; (2) protect and
defend the rights or property of MWiz; or (3) act under exigent
circumstances to protect the personal safety of its members or the public.
You acknowledge and agree
that MWiz neither endorses the contents of your or a third party's
communications nor assumes responsibility for any threatening, libelous,
obscene, harassing or offensive material contained therein, any infringement of
third party intellectual property rights arising therefrom or any crime
You acknowledge and agree
that certain technical processing or reformatting of scheduling data or email
messages and their content may be required to: (1) send and receive messages;
(2) perform planning and scheduling functions; (3) conform to connecting
networks' technical requirements; (4) conform to the limitations of the
Service; or (5) conform to other similar requirements. For more information see
the MeetingWizard Privacy Statement.
In addition MWiz
may provide encryption software in order to protect the privacy of your
communications. However, MWiz shall not be liable if such encryption
software fails to protect the privacy of your communications. You agree that
you are solely responsible for ensuring that your use of any encryption
software provided to you by MWiz is, at all times, in compliance with
the export control laws of the United States and any other applicable
User account, password, and security
Your MWiz account
is identified by an email address that you provide. You certify that you are
the rightful recipient of emails sent to this address. Once you become a member
of MWiz, you shall specify a password. If you are already a registered
Service user, you may log in using your email ID and MWiz Password.
You are entirely responsible if you do not maintain the confidentiality of your
password and account. Furthermore, you are entirely responsible for any and all
activities which occur under your account. You agree to immediately notify the
Service of any unauthorized use of your account or any other breach of security
known to you.
Errors and Disclaimers of Warranties
We and our content suppliers ("Content Providers") endeavor to provide a convenient, accurate and functional web-based service. All of the information contained on MWiz is obtained from sources that we believe are accurate and reliable. However, the Content Providers do not guarantee that the information provided will be sufficient or appropriate for every individual or situation. Consequently, you use the site at your own risk. The information provided may not be accureate, work for your particularl situation, be suitable or appropriate for you. We also do not guarantee that MWiz will be error free or that it or the server that operates it are free of viruses or other harmful components. We urge you to keep backup copies of material, if any, that you maintain on or use with MWiz. If Your use of MWiz results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs.
Without limiting the foregoing, everything on MWiz is provided to your "as is" and as available without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of availability, accuracy, reliability, timeliness, security, completeness, merchantibility, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
MWiz also makes no warranty that it will meet users' requirements nor does MWiz make any warranty regarding any goods or services purchased or obtained through MWiz or any transactions entered into through MWiz. No advice or information, whether oral or written, obtained by the user by you from MWiz or the through MWiz shall create any warranty not expressly made herein.
Limitation of Liability
Our aggregate liability, if any, to you for all claims arising out of or in connection with MWiz or MWiz content is limited to one hundred Canadian Dollars (CDN $100.00). Neither MeetingWizard nor any other party involved in creating, producing, or delivering MWiz shall be liable for any incidental, special, consequential or indirect damages resulting from your access to, or use of, or inability to use MWiz and MWiz content, whether based on warranty, contract, tort(including negligence) or any other legal theory, and whether or not we know of the possibility of such damage. You acknowledge that without these limitations, we could not provide low cost and/or free access to MWiz. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You.
No Resale or Reverse Engineering
You agree not to
translate, reverse engineer, reverse compile, disassemble or make derivative
works from programming contained in MWiz. You agree not to modify
programming contained in MWiz in any manner or form, or to use modified
versions of the programming contained in MWiz including (without limitation)
for the purpose of obtaining unauthorized access to MWiz.
You agree not to access
MWiz by means other than through the interface that is provided by the
Service for use in accessing MWiz.
You agree not to
sublicense or assign the license granted under this agreement, without prior
written authorization from MWiz.
Content, including but not
limited to text, software, music, sound, photographs, graphics, video, or other
material contained in sponsor advertisements or information presented to you by
MWiz or its advertisers may be protected by copyrights, trademarks, or
other intellectual property rights and laws. You may use this material only as
expressly authorized by MeetingWizard or its advertisers, and may not copy,
transmit, or create derivative works of such content or information without
Data Storage and Other Limitations
The Service assumes no
responsibility for the deletion or failure to store data or other information
included by you on the service. The Service may publish from time to time an
upper limit on the amount of memory and the number of address entries,
participants or events each member may schedule through MWiz.
MWiz retains the right, at its sole discretion, to determine whether or not your conduct is
consistent with the letter and spirit of the ToU and may terminate MWiz if
your conduct is found to be inconsistent with the ToU.
Since you are responsible
for your transmissions and their consequences, you agree to indemnify and hold
MeetingWizard, its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use of MWiz, your
violation of this ToU, or your infringement, or another user of MWiz
using your computer or password, of any intellectual property or other right of
any person or entity.
Either you or
MeetingWizard may terminate MWiz with or without cause at any time and
effective immediately. MeetingWizard shall not be liable to you or any third
party for termination of MWiz.
You acknowledge and agree
that any termination of service under any provision of this Agreement may be
effected without prior notice, and acknowledge and agree that MWiz may
immediately delete and discard all information and files in your account and
bar any further access to such files of MWiz.
Should you object to any
terms and conditions of the ToU or any subsequent modifications thereto or become
dissatisfied with MWiz in any way, your only recourse is to immediately
discontinue use of MWiz or notify MWiz of termination.
Upon termination of the
Service, your right to use MWiz and Software immediately ceases. You
shall have no right and MWiz will have no obligation thereafter to
forward any unread or unsent messages or data to you or any third party.
All notices to a party
shall be in writing and shall be made either via email or conventional mail. The
Service may broadcast notices, links to notices, or messages through the
Service to inform you of changes to the ToU, MWiz, or other matters of
importance; such broadcasts shall constitute notice under the terms of the ToU.
Participation in Advertiser Promotions
You may enter into
correspondence with or participate in promotions of the advertisers showing
their products on MWiz. Any such correspondence or promotions, including
the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such correspondence
or promotions, are solely between you and the advertiser. The Service assumes
no liability, obligation or responsibility for any part of any such correspondence
The ToU shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada
excluding its conflict of law provisions.
You agree that the laws of British Columbia and Canada apply to any issue that may arise with Codence Innovations Corp. regarding this site, and to settle disputes in the courts of British Columbia.
If any provision of the ToU is held by a court of competent jurisdiction to be contrary to law, then
such provision shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full force and
MWiz's failure to exercise or enforce any right or provision of the ToU shall not constitute a
waiver of such right or provision unless acknowledged and agreed to by the
Service in writing.
You and MWiz agree
that any cause of action arising out of or related to this Service must
commence within one (1) year after the cause of action arose; otherwise, such
cause of action is permanently barred.
The parties have agreed that the present Agreement shall
be written in the English language. Les parties ont convenus que la présente
convention sera rédigée en anglais.
Copyright and Trade Marks
You should assume that everything you see or read on
this Site is copyrighted unless otherwise noted. The copyright in this site and
the underlying code files which implement the processes and graphic features of
the pages are the property of MWiz and its licensors unless otherwise stated.
The reproduction or use of part or all of the content of this Site in any way
(including without limitation viewing, down loading, printing and saving) is
prohibited except in accordance with the following conditions: Whenever you
reproduce or use any part, you must include this notice, acknowledge MWiz as the
source, and include the www.meetingwizard.com address. You may download
material displayed on this
Site for noncommercial, personal use only provided you also retain all
copyright and other proprietary notices contained on the materials. You may not
distribute, modify, transmit, reuse, re-post, or use the content of the Site
for any public or commercial purposes without written permission from an authorized respresentative of
MWiz. In general, you may reproduce these pages for the purpose of
browsing them, or providing hypertext links to them. All content contained in
pages that are linked to does not belong to MWiz and is the property of their
respective owners. We have not reviewed the content linked to. Your right to
reproduce and use the content linked to is (1) subject to the conditions that
the respective owners may impose, and (2) is at your own risk. MWiz reserves the
right to revoke these permissions at anytime without reasonable notice.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Site are registered and unregistered trademarks of MWiz and others. Your use of the trademarks displayed on the Site is strictly prohibited.
You may link to the pages on this site, although we would appreciate it if you would let us know that you have done so.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
© 2001-2012 Codence Innovations Corp. All rights