Terms of Use

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site owned and operated by indicee Inc., a Canadian corporation (“indicee”), and located at http://www.indicee.com (“indicee.com”) and related services, on a Preview evaluation basis only.

By using indicee.com you agree to be bound by the terms and conditions of this Agreement and indicee’s Privacy Policy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below).

Accepting the Terms

By using the information, tools, features and functionality located on indicee.com (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse indicee.com website) or you are a “User” (which means that you have signed up with indicee). The term “you” or “User” refers to a Visitor or a User. If you wish to become a User, communicate with other Users and make use of the Service, you must read this Agreement and indicate your acceptance during the Sign up process.

You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with indicee. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

Privacy

For information about indicee’s privacy practices, please read indicee’s Privacy Policy, which is incorporated into this Agreement. This policy explains how indicee treats your personal and corporate information, and protects your privacy, when you access indicee.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

Description of the Service

Subject to the terms and conditions of this Agreement, indicee grants to you, during the term of this Agreement, the nontransferable, non-sublicensable, nonexclusive, revocable right to use the Preview version of the Service and software on indicee.com for the sole purpose of internal pre-release evaluation and testing. 

The Service is a business and personal information service that allows Users to consolidate, analyze, share and collaborate on their information on indicee.com. indicee.com is a paid service. During the Preview and trial phases of the Service, Users can access the Service at no charge. At any time, indicee may require Users to pay to continue using the Service.  indicee will provide written notice to you that payment will be required, and that you may be required to enter into a new agreement with indicee which shall supersede and replace this Agreement

You agree that, if and when the Service, software and indicee.com is made commercially available by indicee, the features, performance and configuration of the Service, software and indicee.com shall be determined by indicee at its sole discretion.

Third Party Sites & Content

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under indicee’s control, and you acknowledge that indicee is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by indicee or any association with its operators. You further acknowledge and agree that indicee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Your Profile Information & Confidentiality

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address, allows you to access the Service. That email address and password, together with any or other user information you provide form your “Profile Information.”

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.

If you become aware of any unauthorized use of your Profile Information, you agree to notify indicee immediately at the email address - .

Your Use of the Service Comprises a Single License Only

Your right to access and use indicee.com and the Service is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are only entitled to access and use indicee.com for lawful purposes.

You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your Profile Information. In order for the Service to function effectively, you must also keep your Profile Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of indicee.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of indicee.com or other actions that indicee, in its sole discretion, may elect to take.

Rights You Grant to Us

As the owner of any information, business data, passwords, usernames, PINs, other log-in information, materials or other content you provide to us through the Service, you are licensing this content to indicee solely for the purpose of providing the Service. By submitting or uploading any content, you represent that you are entitled to submit it to indicee for use for this purpose without violating anyone’s rights or any laws, without any obligation by indicee to pay any fees or other limitations.

You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to indicee related to the Service and indicee.com and indicee or its business (“Feedback”) shall become indicee’s property without any compensation or other consideration payable to you by indicee, and you do so of your own free will and volition.  indicee may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative indicee may decide into its services, software, documentation, business or other products, or any future versions or derivatives of the foregoing. 

You hereby assign all rights on a worldwide basis in perpetuity to indicee in any Feedback and, as applicable, waive any moral rights.

indicee owns any test results, data information and other output generated by your use of the Service or indicee.com during the term of this Agreement.  You may not disclose to any third party any test results or performance information regarding the Software or Hardware, whether generated by you, indicee or a third party.

Nothing in this Agreement shall be deemed to require indicee to make the Service commercially available on any particular date nor does indicee make any such representation or warranty, express or implied, regarding any such commercially available version.  Nothing in this Agreement shall be deemed to convey to you the rights to use a commercially released version of the Service or any components thereof, if and when such are available.  Use of such commercial product shall be subject to a separate agreement between indicee and you.

indicee’s Intellectual Property Rights

The contents of indicee.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under Canada, United States and international applicable copyright, trademark and other laws. The contents of indicee.com belong or are licensed to indicee or its software or content suppliers.  You may download or print a copy of information provided on or by indicee.com for your personal and internal use only . Any distribution, reprint or electronic reproduction of any content from indicee.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.

General Prohibitions

You agree that you will not:

  1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor indicee.com or any portion of indicee.com, without indicee’s express written consent, which may be withheld in indicee’s sole discretion;
  2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search indicee.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
  3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of indicee.com or the Service; or
  4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of indicee.com or the Service.
  5. Attempt to circumvent or hack any security requirement or process in the use of the Service or indicee.com, or attempt to access any part of the Service or indicee.com (or any of their related systems, networks, servers or other equipment) for which the User is not authorized to access, or attempt to disrupt in any manner the operation of the Service or indicee.com, its servers or networks, or disobey any requirements, procedures, policies or regulations of our networks connected to indicee.com, or manipulate identifiers in order to disguise the origin of any content transmitted on or through indicee.com or the Service, or the source of any content.
  6. License, sublicense, rent or lease the Service to third parties, use the Software for third party training, commercial time-sharing or service bureau use, or otherwise make the Service available to third parties or otherwise commercially exploit the Service.

Rules for Submitting Content

As part of the Service, indicee allows Users to submit different types of content and to control the different types of content it submits, which fall into the following categories: (a) User-Generated Content in the form of questions or comments posted to publicly-accessible community groups, (b) Business Data in the form of statistical and numerical reports, spreadsheets, and data submitted to private groups (c) Profile Information for registration, log-in and communication purposes.

  1. You are responsible for all content you submit to indicee.com and all of the results derived the use or non-use of indicee.com or its Service.
  2. By submitting any content to indicee or using the Service, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, process, and prepare derivative works of, modify, display, and perform all or any portion of the content in connection with indicee.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through indicee.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of indicee.com and under this Agreement.
  3. You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate as determined by indicee.
  4. You may not post or transmit any message, data, image or program that would violate the property rights or any other rights of others, including, but not limited to, unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information of third party’s, and trademarks or service marks used in an infringing fashion.
  5. You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of indicee.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
  6. Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club userships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
  7. You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of indicee.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
  8. You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.

Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH INDICEE.COM OR PROVIDED THROUGH THE SERVICE OR INDICEE.COM ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. INDICEE MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE CONTENT OR OPERATION OF INDICEE.COM, INDICEE.COM OR OF THE SERVICE YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

INDICEE MAKES NO REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON INDICEE.COM OR OF THE SERVICE, OR WHICH IS DERIVED FROM OR BY THE USE OF INDICEE.COM OR THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE CONTENT AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

INDICEE IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY INDICEE.

THE SERVICE AND INDICEE.COM IS PROVIDED FOR EVALUATION AND TESTING PURPOSES ONLY, AND OWING TO ITS EXPERIMENTAL NATURE, YOU ARE ADVISED NOT TO RELY ON THE FEATURES OR PERFORMANCE OF THE SERVICE AND INDICEE.COM FOR ANY REASON.  YOU AGREE TO USE THE SERVICE AND INDICEE.COM WITH ALL DUE CAUTION, AND TO TAKE EVERY PRECAUTION TO ENSURE THE INTEGRITY OF YOUR DATA, HARDWARE, SOFTWARE.

Limitations on indicee’s Liability

INDICEE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, DATA, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR USE OR ACCESS TO INDICEE.COM, THE SERVICE OR THIS AGREEMENT, EVEN IF INDICEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, INDICEE’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED, IN AGGREGATE FOR ANY AND ALL CLAIMS ARISING OUT OF, OR RELATED TO THIS AGREEMENT, TO DIRECT DAMAGES OF $100.00. CANADIAN DOLLARS

Your Indemnification of indicee

You shall defend, indemnify and hold harmless indicee and its officers, directors, agents, owners, shareholders and employees, from and against all claims, actions, proceedings, costs, damages and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you or to any use by you of the Service or indicee.com.

Ending your relationship with indicee

This Agreement will continue to apply until terminated by either you or indicee as set out below. If you want to terminate your legal agreement with indicee, you may do so by (i) notifying indicee at any time and (ii) closing your account for the Service. Your notice should be sent via email to: or in writing, to indicee’s address at: 2200 – 1050 West Pender Street, Vancouver, BC Canada V6E 3S7.

Without cost, charge or liability, indicee may at any time, immediately upon notice to the e-mail address provided by you as part of your Profile Information, terminate this Agreement with you:

  1. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
  2. if indicee in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
  3. the date of general commercial availability of the Service. 

Modifications

indicee may modify this Agreement from time to time. You will be notified of any and all changes to this Agreement through a prominent notice on indicee.com site or an email notice. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

Governing Law and Forum for Disputes

If there is any dispute between you and indicee about or involving indicee.com or the Service, by using indicee.com or the Service, you agree that the dispute shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts of the province of British Columbia in respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, indicee.com, or its Service howsoever arising, provided always that indicee may seek and obtain injunctive relief in any jurisdiction in relation to this Agreement.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if indicee does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which indicee has the benefit of under any applicable law), this will not be taken to be a formal waiver of indicee’s rights and that those rights or remedies will still be available to indicee.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and indicee regarding the subject matter of the same, and supersedes and replaces all other previous agreements, including, without limitation all previously posted agreements.

Contacting indicee

If you have any questions about the terms of use agreement, please contact us at . You may also contact us by mail at 2200-1050 West Pender Street, Vancouver, BC, Canada, V6E3S7.