EFFECTIVE DATE – July 1, 2020
Your Acceptance of These Terms of Service
These Terms of Service (hereinafter “Terms” or “Agreement”) are a contract between you and Cashflow Tribe Inc., as a corporation duly incorporated under the laws of the Province of Ontario and doing business at 1145 Erie Street East, Windsor On, N9A 3Z4, and its affiliates and subsidiaries. Other than as expressly stated herein, there are no third-party beneficiaries of this Agreement.
Your use or access of this Site represents to Cashflow Tribe that you have read, understood, and expressly agree to be bound by this Agreement and the Terms, conditions, and notices contained or referenced herein and any other applicable laws, statutes, and/or regulations, whether you have registered as a user (and agree to this Agreement at the time you registered as a user) or whether you simply browse, use or access the Site offered directly by Cashflow Tribe or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the Site). If you do not agree with any part of the Agreement, you may not access or use the Site.
This Agreement governs the Site in general. More specific and/or supplemental terms and conditions may apply to other products and services of Cashflow Tribe, including but not limited to a particular contest, application, promotional code, service, or other activity; availability of certain content, programs, podcasts, sponsorships, passes, or other activities. Any supplemental terms and conditions are in addition to this Agreement and, in the event of a conflict, the supplemental terms will prevail over this Agreement. If you do not agree to the applicable supplemental terms and conditions disclosed, you may not use the Site.
We may need to make changes to any portion of this Agreement from time to time and for many reasons, including to reflect updates to the Site or changes in law. We reserve the right to modify this Agreement at any time without giving you prior notice. You are responsible for periodically reviewing this Agreement for updates and amendments. By using the Site, you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to this Agreement, you must discontinue using the Site. Our customer service representatives are not authorized to modify any provision of this Agreement, either verbally or in writing.
Accounts, Passwords, and Security
Some aspects of the Site permit or require you to register as a user and create an account to participate or to secure additional benefits. You agree that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that we may take steps to verify the accuracy or information you provide.
You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Site.
You consent to receive notices, including agreement, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
Termination or Suspension
We may terminate or suspend your access to our Site, and/or terminate this Agreement, immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of this Agreement and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the Site.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Site, including, but not limited to, any names, logos, images, artwork, information programming, podcasts, product and service names, graphics, button icons, trademarks, and service marks appearing within the Site, unless otherwise noted, are the trademarks (whether registered or not), service marks and/or trade dress of Cashflow Tribe and/or its affiliates and partners, and/or of our licensors (who may be third-party beneficiaries of this contract) and are protected by the copyright, trademark and other laws of Canada and international treaties. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Site are the property of their respective owners. You are not authorized to display or use our trademarks in any manner without our prior written permission. You are not authorized to display or use the trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of our marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Members of Cashflow Tribe can elect to upgrade their free account to a paid account level (Bronze, Silver or any subscription level that may be offered by Cashflow Tribe). Members can also elect to purchase a Pro Add-on.
Cashflow Tribe reserves the right to change the fees at any time, with advance notice to you and an opportunity for you to cancel your subscription. By registering for a paid account, or other subscription service, or a Pro Add-on, you agree to pay Cashflow Tribe the applicable fees for the services you have chosen. For any upgrade or downgrade in account level, other subscription service, or a Pro Add-on, the payment method that you provided will automatically be charged at the new rate immediately.
All fees are paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, refunds for accounts that have had access to particular services restricted, refunds for accounts that have had upgrades canceled for any reason including violations of these Terms, or refunds for months unused. We reserve the right to deactivate your access to the Site and any services provided by us for your failure to pay applicable fees or for violations of these Terms. If you provide us with a credit card as your payment method and that expires during the term of this Agreement, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay Cashflow Tribe in the event of any refusal of your credit card issuer to pay any amount to Cashflow Tribe for any reason. You agree to pay all costs of collection, including legal fees, on any outstanding balance. In the event you fail to pay any amount when due, Cashflow Tribe may immediately suspend or terminate your access to any or all of our services.
By signing up for a paid subscription (Bronze, Silver or a Pro Add-on), or other any subscription, you agree that your subscription will be automatically renewed, and unless you cancel your subscription (see Cancellation on how to cancel), you authorize us to charge your payment method for the renewal term. You acknowledge, accept and understand that you must cancel your subscription at least two weeks before the calendar day it renews (the day of the month you are to be charged) to avoid us charging the subscription fees for the renewal term to your payment method. Additionally, we may terminate your subscription at any time and without notice to you should we have any reason to believe that you have violated these Terms.
The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you. The renewal rate will be no more than the rate for the immediately prior subscription period, unless we notify you of a rate change prior to your auto-renewal, in which case you will have the right to cancel the renewal of your subscription.
Promotional or Trial Period Pricing
From time to time, Cashflow Tribe may elect to offer free or discounted pricing for use of the paid services (Bronze, Silver, Gold), or other subscription services, or for the Pro Add-on. Free or discounted pricing shall be considered a “Trial”. If you register for a Trial and you do not cancel your subscription prior to the expiration of the Trial, then your payment method will be billed for the subscription fees when the Trial expires. You agree to comply with any additional terms, restrictions or limitations we impose in connection with any Trial. You may not sign up for multiple Accounts in order to receive additional benefits under any Trial. Should we have any reason to believe that you are abusing the benefit of the Trial, we reserve the right to terminate your subscription at any time and without notice to you.
You may cancel your paid subscription(s) at any time by logging into account, going to your account preferences and clicking on the “Please cancel my account” link. Other subscriptions may be cancelled via the settings on the pages associated with their features. If you cancel the services before the last day of your current paid up month for the monthly membership, your cancellation will take effect immediately and you will not be charged again. When your monthly subscription is cancelled, you will receive a prorated refund based on the day of cancellation. When an annual subscription is canceled, you will not receive a prorated refund, but you will continue to have access to our services until the end of the term during which you canceled the subscription. If you cancel your subscription, you will still be obligated to pay other charges incurred by you in the course of using the Site prior to the date of cancellation. If you pay a periodic subscription fee for a subscription, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change.
Payments and Billing
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.
You understand that the Site is for your personal, non-commercial use and is intended for informational purposes only; the content available does not constitute legal, financial, or professional advice and cannot be used for such purposes.
Sale of Goods and Services
Cashflow Tribe may sell goods or services or allow third parties to sell goods or services on the Site. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
Affiliate Marketing and Advertising
Our Site allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User-Generated Content”, hereafter referred to as “UGC”). You are responsible for the UGC that you post. Under no circumstances will Cashflow Tribe be liable in any way for any UGC. As such, you defend and indemnify Cashflow Tribe and any of its affiliates and partners and hold us harmless against any and all legal claims and demands, including reasonable legal fees, which may arise from or relate to your UGC or your use of any other UGC.
This means that you, not Cashflow Tribe, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
Because we cannot control the UGC posted on or through the Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of any UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through the Site. The UGC posted on or through the Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Cashflow Tribe or any person or entity associated with Cashflow Tribe.
If you use any UGC for any purpose or follow any suggestions provided in any UGC we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or similar loss.
You own your User-Generated Content, but we may use it. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using the Site you are granting us and our partners, subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize any UGC that you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you do not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
Cashflow Tribe, its partners, and any of its affiliates reserve the right to display advertisements in connection with your UGC and to use your UGC for advertising and promotional purposes.
Cashflow Tribe has the absolute right to disclose and/or remove UGC. Cashflow Tribe has the right (but we do not assume the obligation) to:
- monitor all UGC;
- require that you avoid certain subjects;
- remove or block any UGC at any time without notice at our sole and absolute discretion;
- disclose any UGC and the identity of the user who posted the UGC whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Cashflow Tribe or others, or to enforce these Terms; or
- terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto, for any reason and in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
We reserve the right to maintain restrictions on UGC. It is a condition of these Terms that you do not:
- upload, post, transmit or otherwise make available any or all of the following:
- any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
- UGC that constitutes or encourages activity illegal under criminal or civil law;
- UGC that is false, misleading, or fraudulent;
- UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
- GC that contains the image, name or likeness of anyone other than yourself, unless that person is at least eighteen years old and you have first obtained his/her express permission or
- that person is under eighteen years old but you are his/her parent or legal guardian, or
- that person is under eighteen years old but you have the express written permission of his/her parent or legal guardian;
- any request for or solicitation of any personal or private information from any individual to the extent such request is not consistent with the networking goals of this Site;
- any request for or solicitation of money, goods, or services for private gain, except such requests/solicitation that are permitted through your purchase of the Pro Add- on, any paid advertising, or any promotions that are agreed to by Cashflow Tribe;
- any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose, except for those portions or features of the Site that expressly allow advertising, promoting, or marketing your services, products or business; or
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- violate any local, provincial, national or international law, rule or regulation.
By posting UGC, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Service; (ii) the UGC is accurate, and (iii) you have read and understood—and your UGC fully complies with—these Terms of Service and applicable laws and will not cause injury to any person or entity.
We reserve the right to remove any UGC. You can seek removal of objectionable UGC, and lodge complaints against particular users, by contacting us at firstname.lastname@example.org. We will endeavour to review such requests and to remove UGC and users that we determine should be removed, in our sole discretion and in accordance with these Terms and applicable law. However, by providing a mechanism for the submission of complaints, we make no promises that we will review all such complaints or that we will take any action in response to such complaints. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from the Site may remain on back-up servers.
Violation of copyrights. Cashflow Tribe does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Site or has been otherwise copied and made available on the Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your statement must be sent electronically to email@example.com or to the following physical mailing address:
- Attention: Corporate Communications
- Cashflow Tribe Inc.
- 1145 Erie Street East,
- Windsor On, N9A 3Z4
Please be advised that we are only able to accept notices in the languages in which this Agreement is made available by us.
Account and Account Use
- You are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission.
- You agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account.
- You agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete, and accurate.
Links to Other Websites
Our Site may contain links to third-party websites or services that are not owned or controlled by Cashflow Tribe.
Cashflow Tribe has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Cashflow Tribe 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 use of or reliance on any such content, goods or services available on or through any such websites or services.
Reverse Engineering and Security
You may not undertake any of the following actions:
- Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on our Site; or
- Violate the security of the Site through any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.
We are not responsible for the security of your Account or Content. Your use of the Site is at your own risk.
You defend and indemnify Cashflow Tribe and any of its affiliates and partners and hold us harmless against any and all legal claims and demands, including reasonable legal fees, which may arise from or relate to your use or misuse of the Site, your breach of these Terms, or your conduct or actions. We will select our own legal counsel and may participate in our own defense if we wish to do so.
Your use of this Site is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or imputed warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Site will meet your needs or that the Site will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Site or obtained through services. Any damages that may occur to you, through your computer system or any mobile application, or as a result of loss of your data from your use of the Site is your sole responsibility and we are not liable for any such damage or loss.
Limitation on Liability
Cashflow Tribe is not liable for any damages that may occur to you as a result of your use of the Site, to the fullest extent permitted by law. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE GREATER OF ONE HUNDRED ($100) CANADIAN DOLLARS OR THE AMOUNT YOU PAID TO Cashflow Tribe IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE RELATED CLAIM. This applies to any and all claims by you, including but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Furthermore, we are not liable for business losses. We only supply products and services for your personal, non-commercial, and domestic use. If you use the products for any other purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or similar loss.
WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF THE PRODUCT(S) OR SERVICE(S), OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION; OR YOUR FAILURE TO COMPLY WITH SPECIFIED COMPATIBILITY REQUIREMENTS.
Changes to these Terms of Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 10 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
This Agreement is governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada, without giving effect to any conflict of law principles.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, that that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver of any Term of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
© Cashflow Tribe Inc., 2020