By using the Buildwagon.com web site ("Service"), or any services of BinariesLid, LTD ("BinariesLid"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your Account to these terms and conditions, in which case the terms “You” or “Your” shall refer to such entity, its affiliates and users associated with it, and the term Account represents your legal relationship with BinariesLid. If you do not agree with these terms and conditions, you must not accept this agreement and may not use the Service. If BinariesLid makes material changes to these Terms of Service, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account. 1. You must be 13 years or older to use this Service. 2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. 3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. 4. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows. 5. You are responsible for maintaining the security of your account and password. BinariesLid cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. 6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account). Content refers to content featured or displayed through the Service, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, services, and other materials that are available on or through the Service. 7. One person or legal entity may not maintain more than one free account. 8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). 9. You expressly understand and agree that BinariesLid shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BinariesLid has been advised of the possibility of such damages), resulting from your use of the Service. 10. Abuse or excessively frequent requests to BinariesLid may result in the temporary or permanent suspension of your account's access. BinariesLid, in its sole discretion, will determine abuse or excessive usage of the Service. BinariesLid will make a reasonable attempt via email to warn the account owner prior to suspension. 11. All paid plans must enter a valid credit card. Free accounts are not required to provide a credit card number. 12. An upgrade from the free plan to any paying plan will immediately bill you. 13. For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. 14. When changing from a monthly billing cycle to a yearly billing cycle, BinariesLid will bill for a full year at the next monthly billing date. 15. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian taxes. 16. For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle. For upgrades or downgrades while on a yearly plan, BinariesLid will immediately charge the difference in plan cost, prorated for the remaining time in your yearly billing cycle. 17. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. BinariesLid does not accept any liability for such loss. 18. You are solely responsible for properly canceling your account. 19. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. 20. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. 21. BinariesLid, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other BinariesLid service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. BinariesLid reserves the right to refuse service to anyone for any reason at any time. 22. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, as your pages can be viewed publicly, you agree to allow others to view your Content. 23. BinariesLid does not pre-screen Content, but BinariesLid and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. 24. You shall defend BinariesLid against any claim, demand, suit or proceeding made or brought against BinariesLid by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify BinariesLid for any damages finally awarded against, and for reasonable attorney’s fees incurred by, BinariesLid in connection with any such claim, demand, suit or proceeding; provided, that BinariesLid (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases BinariesLid of all liability); and (c) provides to You all reasonable assistance, at Your expense. 25. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from BinariesLid. 26. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. 27. Support for BinariesLid services is only available in English. 28. You agree that these Terms and all court proceedings related thereto be drafted in English. vous êtes d'accord que cette entente et toute procédure y afférente soient rédigées en anglais 29. You understand that BinariesLid uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. 30. You agree to grant us legal right to host your Content, publish it, share it, store it, parse it, display it, copy it as necessary to render and provide the Service. This right does not include the right to sell your Content or otherwise distribute it outside of our provision of the Service. 31. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, BinariesLid, or any other BinariesLid service. 32. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by BinariesLid. 33. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. 34. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any BinariesLid customer, employee, member, or officer will result in immediate account termination. 35. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 36. You must not upload, post, host, or transmit unsolicited or "spam" messages. 37. You must not transmit any worms or viruses or any code of a destructive nature. 38. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by BinariesLid) of other BinariesLid customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. 39. BinariesLid does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. 40. You expressly understand and agree that BinariesLid shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BinariesLid has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. 41. The failure of BinariesLid to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BinariesLid and govern your use of the Service, superseding any prior agreements between you and BinariesLid (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Canadian law. 42. Questions about the Terms of Service should be sent to info@buildwagon.com.