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Scope of Agreement
Unless otherwise indicated, this Subscription Agreement (the “Agreement”) applies to your use of the TireKicker Inspections website (the “Website”), mobile application (the “App”), and related services to obtain access to creating vehicle inspection reports (the “Reports”).
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Binding Agreement
We reserve the right, in our sole discretion, to change, add or remove provisions of this Agreement at any time. You should review this Agreement periodically for changes. You may find it through the "Subscription Agreement" link at the bottom of each page on our Website or on the App. By using the Website or the App, including after any changes are posted to this Agreement or you are otherwise notified of such changes, you agree to this Agreement and accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use or access the Website or the App and you should cancel your subscription. YOUR RIGHTS OF CANCELLATION ARE SET FORTH IN SECTION 5 OF THIS AGREEMENT
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Subscription
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and the App and the material provided thereon, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a subscriber. You agree to be financially responsible for your subscription.
If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your use of and access to the Website and/or the App (or any part thereof) without prior notice. In our sole discretion and without prior notice or liability, we may discontinue or modify any aspect of the Website and/or the App, including, but not limited to, (i) restricting the time the Website or the App are available, (ii) restricting the amount of use and/or access permitted, and (iii) restricting or terminating anyone's right to use and/or access the Website and/or the App.
Further, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to or use of the Website and/or the App.
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Subscription Fees
You are charged a monthly fee for your use of the App to obtain Reports. You may choose the payment tier which best suits your purposes, as outlined in Schedule “A”. If you exceed the number of Reports permitted under your payment tier, your account will be charged the current rate for each individual report. For any upgrade or downgrade in payment tier, you will automatically be charged the new rate on your next billing cycle.
As a subscriber, you agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), such fees, applicable taxes, and other charges and fees incurred in order to use or access your subscription. We reserve the right to increase fees, or to institute new fees at any time, upon advance notice communicated to you through a posting on the Website and the App, or such other means as we may deem appropriate (including email or conventional mail).
We will automatically charge your credit card up to 15 days prior to the start of each renewal period, unless you have cancelled your subscription before you are charged for the relevant renewal period. The renewal charge will be the same as the prior period's charge, unless we notify you prior to the beginning of the renewal period as described above, in which case your subscription will automatically be renewed at our standard subscription rates.
Each time you obtain a Report from the Website and/or App you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your subscription.
You agree to provide us with true, accurate and complete information as required by the sign-up process ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account.
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Cancellation
You may cancel your subscription by providing thirty (30) days’ notice of cancellation to cancellation@tirekickerinspections.com.
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Refund Policy
Fees, including the full monthly fee for any month (or portion thereof) elapsed, are non-refundable.
Indemnification
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, service providers, and assignees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Tire Kicker Inspections Content, the Website, or the App.
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General
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario.
This Agreement and all rights and obligations arising from same shall extend to, be binding upon and ensure to the benefit of the parties hereto and their respective heirs, legal personal representatives, successors and assigns.
(last updated on November 29, 2017)
Terms of Service
In addition to the terms set forth herein, use of the Website and/or the App shall be subject to additional terms and conditions found in our Terms of Service which may be accessed by the “Terms of Service” link at the bottom of each page on our Website or on the App.
Schedule “A”
Payment Tiers