FORENSIC NOTES – Terms and Conditions
Forensic Notes consists of online services and a website located at www.ForensicNotes.com, including subdomains, that provides users with access to the Forensic Notes digital notebook and note taking web application (collectively, the “Service”). The Service is provided by TwiceSafe Software Solutions Inc. (“TwiceSafe”).
3. USING THE SERVICE
The Service may require hardware including, but not limited to, a computer or mobile device with a then-current web browser and an Internet connection. A list of current supported web browsers is available at www.ForensicNotes.com/Supported-Browsers and that may change, without notice, in TwiceSafe’s sole and absolute discretion. You agree to provide all hardware and the Internet connection required to use the Service and to pay all fees incurred by you when accessing the Service through an Internet connection. Additionally, if you are an enterprise subscriber, the Service may require hardware and software to operate a local server containing your data. You are solely responsible for providing and securing the local server and all data it contains.
4. SERVICE TERMS
4.1 Service Subscription.
Except as otherwise provided in the Terms and Conditions, TwiceSafe grants you a non-exclusive, revocable, non-transferrable subscription to access and use the Service through registered accounts (each, an “Account”) (collectively, the “Subscription”). You acknowledge that no title or ownership interest in the Service or Subscription is transferred or assigned to you and that the Terms and Conditions is not a sale of any right to the Service or Subscription. YOU MUST BE OF THE AGE OF MAJORITY IN YOUR JURISDICTION TO ACCESS AND USE THE SERVICE.
The Subscription requires you to register one administrator-level Account (the “Primary Account”) and, if permitted by your Subscription, a number of subordinate Accounts, to access the Service. You are permitted to register the number of Accounts permitted by your Subscription type. An Account may only be used by the person for whom it was registered by the Primary Account holder. You acknowledge that no title or ownership interest in an Account is transferred or assigned to you and that the Terms and Conditions is not a sale of any right to an Account and agree that all rights in an Account shall be owned by TwiceSafe, excluding User Content (as defined below).
4.3 Username and Password.
Registering an Account requires you to select a user name and password (“Login Information”). You are solely responsible for keeping Login Information confidential. YOU AGREE TO BE BOUND BY ANY USE OF YOUR LOGIN INFORMATION, INCLUDING PURCHASES, WHETHER OR NOT YOU AUTHORIZED SUCH USE. If you become aware of, or reasonably suspect, unauthorized use of your Account, you must immediately change the password that is part of your Login Information. Any questions concerning unauthorized use may be emailed to TwiceSafe at [email protected].
4.4 Information Collection.
4.5 Accuracy of Information.
If you provide information to TwiceSafe including, but not limited to, an email address, phone number, address or credit card billing information (collectively, “Account Information”), you represent and warrant that such Account Information is accurate and complete. You shall promptly notify TwiceSafe of any change to your Account Information. TwiceSafe is neither liable nor responsible for the delivery, or receipt, of information sent to you using Account Information.
5. SUBSCRIPTION FEES, PURCHASES AND FEATURES
5.1 Subscription Fees and Add-Ons.
TwiceSafe charges a Subscription fee that varies depending upon the type of Subscription selected (the “Subscription Fee”) and add-ons, such as additional storage or additional Accounts, provided for an additional fee (“Add-Ons”). TwiceSafe will warn the Primary Account holder when an Account is approaching the limit of certain features provided by a Subscription and provide an opportunity to purchase Add-Ons to extend such features. The Primary Account holder shall provide TwiceSafe with a credit card and billing information to process the Subscription Fee and Add-Ons and agrees that TwiceSafe, or any third party acting on TwiceSafe’s behalf, is authorized and has the right to charge the credit card for applicable fees, charges and taxes that TwiceSafe is required to collect on a recurring yearly basis and that shall be billed on the date corresponding to the start of the paid Subscription. Where the Primary Account holder subscribes to an Add-On during an annual Subscription period, the price of such Add-On shall be prorated according to the period remaining in such annual Subscription and, thereafter, Add-Ons will be charged as part of the recurring Subscription fee for each annual period unless the Primary Account holder chooses to modify the Subscription pursuant to section 5.6 below. The Primary Account holder may change billing status details with TwiceSafe, those not yet charged to the applicable credit card, by contacting [email protected]. Please note that the Primary Account holder must cancel a Subscription and/or Add-Ons prior to the next recurring charge occurring in order not to incur charges for the next billing period.
5.2 Subscription Trial.
If a Subscription begins with a free trial, such free trial lasts for thirty (30) days or such other time period specified during sign-up. Whether you are eligible for a free trial is determined by TwiceSafe, in its sole discretion. Unless the Primary Account holder elects to cancel a Subscription prior to expiration of the free trial pursuant to section 5.6, upon completion of the free-trial period, the Primary Account holder will be charged for such Subscription pursuant to section 5.1. Please note that TwiceSafe will not notify you of the end of the free trial.
5.3 Subscription Features.
The Service features available to you vary, including but not limited to Service data storage and security features and certifications, depending upon the terms of your particular Subscription. Where you reach the limit of a particular Service feature (for example, data storage) and do not purchase an Add-On to increase such limit you may not be able to use certain Service features until such limit is decreased or an Add-On subscribed to. The Primary Account holder may add or remove Subscription Add-Ons at any time, subject to the cancellation procedure set forth in section 5.6 below. Service features are subject to change at any time, on one or more occasions, at TwiceSafe’s sole discretion without notice and without any compensation or refund to you. Notwithstanding the foregoing, TwiceSafe shall notify you of any change to Subscription Fees and Add-On fees through an email or Service notification, such changes taking effect 30 days from the date of notice. Current Subscription Fees, Add-Ons, features and terms are detailed at www.ForensicNotes.com.
5.4 Backup and Security.
The Service contains data redundancy features intended to ensure data remains accessible during a Subscription. TwiceSafe cannot guarantee that such redundancy features will always function as intended and STRONGLY RECOMMENDS that you download and backup Service data, especially notes taken using the web application. While the Service uses certain security certifications, TwiceSafe shall not be held liable for the failure of any Service security measures, or the compromising of the Service by a third party, without regard to the extent of the damage suffered.
5.5 Technical Support.
TwiceSafe may provide you with the Service technical support on such terms as set forth at www.ForensicNotes.com/account-pricing (“Support”). TwiceSafe shall suspend provision of Support in the case of your non-payment of any outstanding invoice, until remedied.
5.6 Cancellation of Subscription or an Add-On.
The Primary Account holder may cancel a Subscription or an Add-On by notifying TwiceSafe at [email protected] and, if a cancellation request is submitted within thirty (30) days following TwiceSafe’s receipt of payment for the Subscription or Add-On sought cancelled, the Primary Account holder is entitled to a refund for such payment (the “Refund Period”). the Primary Account holder must submit a cancellation request within the thirty (30) day Refund Period in order to be entitled to a refund of any kind. Notwithstanding the foregoing, TwiceSafe, in its sole and absolute discretion, may elect to issue a refund for cancellation taking place following expiration of the Refund Period of such amount as it deems acceptable. You acknowledge and agree that, upon cancellation, your Subscription and Add-Ons will remain active for thirty (30) days following the end of the billing cycle or, if notice of cancellation was submitted during the Refund Period, fourteen (14) days from the date of cancellation. Thereafter, you shall be denied access to any cancelled Add-Ons or, if your Subscription is cancelled, your Subscription entirely and all associated data will be deleted. Notwithstanding the foregoing, encrypted backups of your data may be stored for up to thirty-five (35) days, following deletion of your data, until deleted in accordance with our information deletion cycles. Please contact [email protected] for any questions concerning access to encrypted data backups.
5.7 Suspension and Termination of Subscription.
TwiceSafe may suspend or terminate your Subscription and any Account associated with your Subscription at any time for any reason including, but not limited to, violation of the Terms and Conditions and whether a suspension is lifted is at TwiceSafe’s sole and absolute discretion. Notwithstanding the foregoing, IF YOUR SUBSCRIPTION IS TERMINATED FOR VIOLATION OF THE TERMS AND CONDITIONS, YOU ARE NOT ENTITLED TO A REFUND OF ANY KIND.
The Subscription granted to you in the Terms and Conditions commences on the date you agree to the Terms and Conditions and terminates upon the earliest of:
- TwiceSafe’s termination of the Terms and Conditions and that may occur without notice or reason;
- your failure to pay any amounts due and owed by you to TwiceSafe;
- termination of your Subscription by you or TwiceSafe;
- your non-compliance with the Terms and Conditions or Code of Conduct (as defined herein).
7. CODE OF CONDUCT
The following Code of Conduct applies to your use of the Service. You agree to not, and not encourage others to, use the Service as follows:
- infringe or violate the right of any third party including but not limited to: (1) contractual rights; (2) copyright, patent, trademark or trade secret rights; (3) privacy rights; (4) publicity rights; or (5) the terms of any confidentiality agreement;
- attempt to gain, or gain, unauthorized access to the Service, including through the use of another user’s Account or through any method not provided by or approved by TwiceSafe;
- use the Service to transmit any data that contains, or redirects to, any malware or other harmful data;
- encumber, sell or license the Service, including a Subscription or Account, in any way;
- copy, damage, decompile, disassemble, impair, modify or reverse engineer the Service or otherwise attempt to derive its source code or meta data files, except as permitted by applicable law; or
- encourage or engage in illegal activities.
8. THIRD PARTY SOFTWARE AND SERVICES
The Service incorporates software and services provided or licensed to TwiceSafe by third parties (“Third Party Technology”). The Terms and Conditions do not grant you any license, right, title or other interest in Third Party Technology. Use of Third Party Technology may require you to enter into agreements between you and a third party. You shall review, and determine whether to agree to, any Third Party Technology agreement. TWICESAFE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY TECHNOLOGY. YOU AGREE THAT TWICESAFE WILL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE RELATING TO THIRD PARTY TECHNOLOGY.
9.1 TwiceSafe’s Ownership Rights.
TwiceSafe retains all right, title and interest in the Service, including, but not limited to, all copyrights, patents, trademarks, trade secrets, industrial designs, utility models and any other rights recognized pursuant to the laws of any country or jurisdiction, whether or not protected by law. TwiceSafe hereby retains all rights not expressly granted in the Terms and Conditions.
9.2 Ownership of User Content.
THE SERVICE IS PROVIDED “AS IS” AND TWICESAFE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE FOREGOING, TWICESAFE MAKES NO REPRESENTATIONS THAT USE OF THE SERVICE WILL NOT INFRINGE ANY COPYRIGHT, PATENT, TRADEMARK OR OTHER RIGHTS HELD BY A THIRD PARTY. FURTHER AND WITHOUT LIMITING THE FOREGOING, TWICESAFE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, IS APPROPRIATE FOR YOUR NEEDS, CREATES DOCUMENTS ADMISSIBLE IN COURTS OF LAW IN YOUR JURISDICTION, THAT OPERATION WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE OR WILL NOT HARM YOUR COMPUTER OR MOBILE DEVICE OR THAT THE SERVICE IS NOT SUSCEPTIBLE TO INTRUSION, ATTACK OR COMPUTER MALWARE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY TWICESAFE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED CONTRACT TERMS AND, AS A RESULT, THIS SECTION 10 MAY NOT APPLY TO YOU IN ITS ENTIRETY.
THE SERVICE HAS NOT BEEN REVIEWED BY ANY LICENSED ATTORNEY OR BY ANY COURT OF LAW, AND NO JUDGMENTS HAVE BEEN RENDERED, AS TO THE ADMISSIBILITY OF NOTES CREATED USING THE SERVICE. TWICESAFE HEREBY ADVISES THAT YOU OBTAIN INDEPENDENT LEGAL ADVICE FROM A LICENSED ATTORNEY REGARDING SUCH MATTERS AS, BUT NOT LIMITED TO, WHETHER DIGITAL NOTES ARE ADMISSIBLE IN, AND WHETHER THE SERVICE’S TIMESTAMPING FEATURES CREATE A CHAIN OF CUSTODY ACCEPTED BY, COURTS OF LAW IN YOUR JURISDICTION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION, QUALITY AND EFFECTIVENESS OF THE SERVICE.
11. LIMITATION OF LIABILITY, INDEMNITY
YOU AGREE THAT TWICESAFE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR USE OF THE SERVICE OR THIRD PARTY TECHNOLOGY AND INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, LOSS OF DATA (INCLUDING BUT NOT LIMITED TO THE LOSS OF DATA THROUGH SUBSCRIPTION OR ADD-ON CANCELLATION), LOSS OF CONTENT, LOSS OF PROFITS, LOSS OF ANY CONTRACT, LOSS OF GOODWILL AND ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF TWICESAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY ALSO APPLIES IF NOTES TAKEN THROUGH THE SERVICE ARE FOUND INADMISSIBLE IN A COURT OF LAW FOR ANY REASON WHATSOEVER. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD TWICESAFE, ITS AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, EMPLOYEES, OFFICERS AND PARTNERS HARMLESS FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, COST, LOSS OR EXPENSE THAT ARISES FROM YOUR USE OF THE SERVICE. THIS LIMITATION APPLIES TO ANY CAUSE OF ACTION OR CLAIMS IN THE AGGREGATE, WHETHER IN AN EQUITABLE, LEGAL OR COMMON LAW ACTION ARISING HEREUNDER AND INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY OR INDEMNITY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY AND OTHER TORTS. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT TWICESAFE’S MAXIMUM AGGREGATE LIABILITY TO YOU IN ANY CASE WHATSOEVER WILL BE THE GREATER OF: (1) THE AMOUNT OF SUBSCRIPTION FEES YOU PAID TO TWICESAFE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION; AND (2) $100 (CAD).
12. EQUITABLE REMEDIES
You agree that TwiceSafe would be irreparably damaged if the Terms and Conditions are not specifically observed and, therefore, you agree that TwiceSafe shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of the Terms and Conditions, in addition to other remedies available to TwiceSafe under applicable law.
13. DISPUTE RESOLUTION
You and TwiceSafe agree that any informal resolution or arbitration of a Dispute will be limited between TwiceSafe and you individually. To the full extent permitted by applicable law, no arbitration will be joint with any other and you have no right or authority to: (a) arbitrate a Dispute on a class-action basis or to utilize class action procedures; and to (b) raise a Dispute in a representative capacity on behalf of the general public or any other persons.
13.3 Exceptions to Informal Resolution and Arbitration.
You and TwiceSafe agree that the following Disputes are not subject to the above provisions concerning informal Dispute resolution and arbitration: (a) Disputes concerning the enforcement, protection or validity of intellectual property rights belonging to you or TwiceSafe; (b) Disputes concerning allegations of piracy, theft or unauthorized use of the Service (including violation of the Terms and Conditions); and (c) claims for injunctive relief.
14.1 Relationship of the Parties.
Nothing in the Terms and Conditions shall be construed to create any partnership, joint venture, employer-employee or agency relationship between you and TwiceSafe.
14.2 Governing law.
The Terms and Conditions are governed by the laws of the province of British Columbia and the laws of Canada applicable therein without reference to principles of conflicts of laws and courts in Vancouver, British Columbia, will have exclusive jurisdiction to hear any proceedings related to the Terms and Conditions and to which the parties irrevocably attorn to the jurisdiction of.
To the extent any section, clause, provision or sentence or part thereof of the Terms and Conditions is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion will be severed and the remainder of the Terms and Conditions given full force and effect.
14.4 No Waiver.
TwiceSafe’s failure to assert or enforce any right contained in the Terms and Conditions does not constitute a waiver of that right.
14.5 Entire Agreement.
Last Updated: 2016-03-12 @ 11:03 AM PST