Find Bob grants you a non-exclusive, non-transferable limited license to use the Find Bob App when you complete and submit the sign-up form on the Website. The completed sign-up form for any of the available plans indicates your acceptance of this Agreement. 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 and its affiliates to this Agreement, in which case the terms "you" or "your" shall refer to such entity and its affiliates and not to you personally. If you do not have such authority you must not accept this Agreement and may not use the Find Bob App or the Services. You agree not to infringe our intellectual property or the intellectual property of any of our licensors or third parties with whom we have partnerships, and you will comply with the terms of any applicable license agreement which is provided to you by us. You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you. Find Bob may, without notice or liability, limit the geographic locations or jurisdictions where some or all of the Services may be available; add, discontinue or revise any aspect, mode or design of the Find Bob App or the Services, which include but are not limited to the scope of service, time of service, or to the software required for access to the Services. If any such additions or revisions results in a failure of, or error, omission, defect, deficiency, delay causing downtime, or inability of you to access the Services for any length of time, including as a result of the permanent termination of the Services, you acknowledge, with no prejudice to the foregoing, and agree that the only remedy for any error, omission, defect, deficiency, delay or other failure of the Find Bob App or the Services whatsoever is to discontinue using the Find Bob App and the Services. Find Bob accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using the Find Bob App or the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials by us does not constitute our endorsement or warranty as to the compliance of such information or materials with applicable privacy legislation, or to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials. The Services allow you to: engage with other financial advisors and or entities for the purpose of discovering transition opportunities. Find Bob works with financial firms and institutions for the purpose of providing the Services. However, Find Bob does not review this information for any purpose, including but not limited to accuracy. It is entirely your responsibility to ensure the accuracy, completeness and timeliness of any information required by us or any third party service providers in connection with any of the Services. You are responsible for maintaining the confidentiality of usernames and passwords you use to access the Find Bob App or the Services and all activity, including unauthorized use, performed using such usernames and passwords is your responsibility. You are solely responsible for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created using the Find Bob App or in connection with the Services is accurate, reliable and complete and does not violate our content guidelines. You represent and warrant that you have obtained all required consents and comply with all applicable privacy legislation in connection with any use and disclosure of information relating to the use of the Find Bob App and the Services.
Conditions of Usage.
Updates to software
Find Bob will endeavour to continuously improve its software for better usage by its users. As such, we may remotely update any version of our software with or without prior notice to you. The updates may occur automatically or may be caused to occur through operation of prompts that appear on the user interface within the Find Bob App. The updated version will be subject to the current Agreement and any other additional terms that may also be included in the current terms with or without notice. Find Bob may send emails to its users explaining the new features of the updated version of the software or may simply post such updates on the most appropriate portion of its website.
Limitation of Liability; Indemnity
Ownership and Disclosure of Information.
You own all of your business's private data, content and all information which you enter and use in connection with the Services. You retain copyright You already hold in business data which You submit, post or display on or through, the Services on the Find Bob website or App. By submitting, posting or displaying the Content You give Find Bob and its affiliated companies, sublicensees (including third parties whose products, technologies and services use or interface with any specific parts of a Find Bob software or service that includes the Content) and other Users of the Website, a perpetual, irrevocable, transferable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which You submit, post or display on or through, the Services. All reproduction, adaption, modification, translation, publishing, public performance, public display and distribution will be done without disclosing the identify of the User.
Notwithstanding the above, there may be circumstances in which we may be required to disclose your data, such as the following:
- a. for the purposes of fraud prevention and law enforcement;
- b. to comply with any legal, governmental or regulatory requirement;
- c. to our lawyers in connection with any legal proceedings; and
- d. to comply with a court order.
You shall not disclose and shall keep confidential any data or information of or concerning any other user that you may come across in the course of using the Find Bob app, the Website or the Services, except in accordance with any legal, governmental or regulatory requirement, or court order or subpoena.
Copyrights, Trade-Marks and Intellectual Property.
Find Bob and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, webpage designs, webpage layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using the Find Bob App. The technical procedures, processes, concepts and methods of operation that are inherent within the Find Bob App constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using the Find Bob App by you or otherwise provided for accessing the Find Bob App on your behalf shall at all material times remain your property. You hereby grant to Find Bob a worldwide, perpetual, royalty free, non-exclusive right and licence to use all content provided by you in connection with the Find Bob App and the Services for uses related to the delivery of the Services. Materials on and relating to the Find Bob App, including the content and any software of the Find Bob App are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your content and data, Find Bob reserves all rights in and to such materials. The subscriber will not make, store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer, or copy the Services or any of the materials or software or any part of the Find Bob App or any content therefrom without Find Bob's express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to your Account. Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screen shots) which you generate as a subscriber using the Services. Your use of screen shots is subject to the following:
- a. no screen shot may be used from any beta version of the Find BoB App unless it has been commercially released to the public;
- b. the use is for illustrative purposes only;
- c. the use may not imply any endorsement or affiliation by or with Find BoB;
- d. the screen shot does not contain any commentary which may appear to have been attributable to us;
- e. the screen shot does not contain any third party content; and
Find Bob has rights to several trade-marks which it uses in connection with the operation of the Find Bob App. Find Bob does not grant you any right or license to use the Find Bob trade-marks or any logo, trade-name or other intellectual property other than as expressly set out herein and in other licenses between you and us.
You shall pay Find Bob for the Services it provides according to the fee schedule found at www.findbob.io/pricing, or at another location on the Website. Find Bob Ltd. expressly reserves the right to change the fees listed on the pricing web page at any time, with or without notice to you.
Collection and Taxes.
All Fees, Taxes and other charges shall be billed to your credit card at the current international currency conversion rate. You shall be responsible for and shall pay Find Bob all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon ("Taxes"), whether imposed now or hereinafter by any governmental entity. User shall promptly pay Find Bob in the event of any refusal of your credit card issuer to pay any amount to Find Bob for any reason. You agree to pay interest at the rate of 1.5% per month on any outstanding balance, together with costs of collection, including attorney's fees and costs. In the event you fail to pay any amount in advance, Find Bob may immediately suspend or terminate this Agreement and your access to the Services.
You may access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. You agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience. You shall not use any means to restrict or prevent another user from accessing the Find Bob App. You shall not submit or post or deliver to other persons any unlawful, unsolicited, unauthorized or annoying material through the use of the Services, or send any promotional materials, advertise, engage in phishing, spamming, sending out of chain letters or engage in any form of improper solicitation. You may not upload material into the Find Bob App that you ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use the Find Bob App in a manner which could block access to, impair, damage or otherwise disable the Find Bob App or any of our servers. You may not attempt to gain unauthorized access to the Find Bob App or to any other user's accounts, computer systems or networks through password miming, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. You shall not lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to Find Bob in a manner that is inconsistent with our intellectual property rights over the software. You may not create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication. You shall not promote any commercial interest, falsify or delete any information on the Find Bob App, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize the Find Bob App under false pretences. You may not engage in any other activity deemed by the Find Bob to be in conflict with the spirit or intent of this Agreement, or deemed by any and all applicable laws and/or regulations to be unlawful.
Termination of Service.
Third Party Links and Content.
This Website and the Services contain links to other websites provided by third parties who offer products and services. Such sites are completely independent of Find Bob and as we have no control over them, we accept no liability in respect of your use or inability to use them or any of the content of such sites. We likewise accept no liability in respect to any of the products, information, materials or services offered or provided by other organizations listed or linked to the Find Bob App, nor do we endorse any of these sites or their products and services. Should you elect to enter into a binding contract with any such site, you agree to hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for any liability, claim, injury, loss or damage suffered as a result of you or anyone else offering to accept any products or service that are available from those sites.
Neither party should be held liable for a delay or failure in performance of this Agreement caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
Governing Law and Dispute Resolution.
Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein as applied to agreements entered into and to be performed entirely within Ontario, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with any Service, software, tool, application or functionality, will be deemed to have been performed in Ontario, Canada. The parties hereto irrevocably submit to the exclusive jurisdiction and venue of the courts of the Province of Ontario, Canada. You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.
You and we expressly acknowledge and agree that this Agreement and all related agreements, schedules, materials, licenses and policies be drafted in the English language only. Il est convenu que cette convention et tous les annexes, documents, licences et politiques s'y rattachant soient rédigés en anglais.
We would be happy to clarify the terms and agreements contained within this document. You may reach us at the information below:
Roland Chan, CEO @Find BoB
204 - 13311 Yonge St.,
Richmond Hill, ON
This document was last updated on November 21, 2017.