ID Caddie
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ID Caddie – Terms of Service
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Effective Date: Wednesday, December 27th, 2023
Last modified: Monday, March 18th, 2024
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ID Caddie – Terms of Service
1. Applicability of these Terms
(a) These Terms of Service (the “Terms”) are a binding agreement between you, the user or authorized representative of the company you represent (“You” or “Your”) and ID Caddie Inc. a company incorporated pursuant to the laws of the Province of Ontario and/or its Affiliates (“ID Caddie”, “We”, “Our”), which governs Your access and use of ID Caddie Web Application located at app.idcaddie.com and the ID Caddie Google Chrome Extension (collectively, the “ID Caddie Product”).
(b) By using the Services (defined below), registering for the ID Caddie Product, clicking “I accept the Terms of Service”, making payment of an invoice from ID Caddie, paying for the ID Caddie Product, or using or accessing the ID Caddie Product (the earliest instance of which shall be referred to as the “Effective Time”), you hereby expressly represent that you:
(i) have carefully read, understand, accept, and agree to be bound by, these Terms as well as ID Caddie’s current Privacy Policy, which can be accessed at https://www.IDCaddie.com/privacy (the “Privacy Policy”), which is incorporated in these Terms by reference;
(ii) meet all of the eligibility requirements listed in section 2; and
(iii) have "electronically” accepted these Terms pursuant to the Electronic Commerce Act, 2000, S.O. 2000, c. 17, as amended from time to time, and its regulations, or any other applicable legislation or regulations.
(c) If you do not accept (or cannot comply with) these Terms or if you do not meet the eligibility requirements listed in section 2, you may not use or access the ID Caddie Product and you should not use, download or install the ID Caddie Product (and you should delete it from your devices if it is already downloaded or installed).
2. Right to modify.
(a) ID Caddie reserves the right, at any time and without notice, to add to, change, update, or modify the ID Caddie Product or these Terms, simply by posting such addition, change, update, or modification on the ID Caddie Product. If ID Caddie makes material changes to the terms, ID Caddie will provide You with prominent notice as appropriate under the circumstances, either by displaying a prominent notice within the ID Caddie Product, requesting Your consent to such changes when You access the ID Caddie Product, or by sending an e-mail to Your Account's registered e-mail address. You are responsible for monitoring the ID Caddie Product for such changes. Any such addition, change, update, or modification will be effective immediately upon posting on the ID Caddie Product, or Your consent thereto (as applicable). Your continued use of the ID Caddie Product following posting or providing of any such addition, change, update, or modification will constitute Your consent to be bound by the addition, change, update, or modification. If You do not agree to be bound by the addition, change, update, or modification, You cannot use the ID Caddie Product and You must immediately cease all use and access of the ID Caddie Product.
(b) ID Caddie reserves the right to modify or terminate or the Services, or Your use of the Services defined in Section 4, to limit or deny access to the Services, at any time, in our sole discretion, for any reason, with or without notice and without liability to You. You understand and agree that if You use the Services after the date on which the Terms have changed, we will treat Your use as acceptance of the updated Terms. In the event that You are no longer a user of ID Caddie, Your use of all Services will be terminated.
3. Your Representations and Warranties
You represent and warrant that:
(a) you have the appropriate authority to validly accept these Terms and are able to, and will meet your obligations in relation to these Terms;
(b) are the legal age of majority under applicable law to form a binding contract with ID Caddie; and
(c) you shall update all information to keep your account current, complete and accurate (i.e., a change in billing address, credit card number, or credit card expiration date).
You acknowledge that failure to adhere to the above noted representations, warranties and covenants may result in the suspension or termination of your access to the Services and your account with ID Caddie pursuant to section 10 of these Terms of Service.
4. Definitions
(a) “Account” means an individual user defined in an Identity Provider.
(b) “Affiliate” means, with respect to a specified Person, another Person that directly, or indirectly through one or more intermediaries, Controls or is Controlled by or is under common Control with the Person specified.
(c) “Billing Cycle” means the calendar month for which billing fees are assessed and invoices are issued. In instances where the Services are used for only a portion of a calendar month, the fees will be adjusted proportionally to reflect the actual number of days for which Services are utilized during such calendar month.
(d) "Control" (and the terms "Controlled by" and "under common Control with") means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract, or otherwise.
(e) “Identity Provider” means a system or service that creates, maintains, and manages identity information for individuals, computer programs, or devices and provides authentication services to relying applications within a federated identity system. For example, Azure, Google, Okta, or a manually uploaded .csv file.
(f) “Data” within the context of ID Caddie services refers to any digital information that is entered, processed, stored, or transmitted through the ID Caddie Product. This encompasses, but is not limited to, user credentials, personal identification details, email addresses, access logs, security tokens, authentication records, and configuration settings. The data is integral to the provision of ID Caddie’s services, enabling user authentication, authorization, and audit functions that are essential for secure access management.
(g) "Person" means an individual, corporation, partnership, unlimited liability company, unincorporated organization, trust, association, or any other entity.
(h) “Price” refers to USD$1.00 per Unique User, unless otherwise agreed to between You and ID Caddie.
(i) "Services" denotes the suite of identity management solutions offered by ID Caddie through the ID Caddie Product, a subscription-based software presently in beta testing. This suite encompasses an array of functionalities and tools, each of which may be designated as alpha, beta, experimental, pilot, limited release, developmental, developer preview, early access, non-production, or for evaluation purposes.
(j) “Unique User” means an account in an Identity Provider. Notwithstanding the foregoing, if an account shares the same email address across multiple Identity Providers, it shall count as one Unique User.
5. Disclaimer
(a) Since the ID Caddie Product is in beta phase, ID Caddie is actively engaged in a process of rigorous testing and enhancement. Users of the ID Caddie Product are hereby informed that, due to its beta status, the ID Caddie Product may exhibit anomalies, lack consistency, and present shortcomings that are typically absent in a finalized, market-ready product.
(b) You acknowledge that the Services and ID Caddie Product are provided "as is" and "as available," without any representations or warranties of any kind. You bear all risks and costs associated with the use of the Services, including any internet access fees, back-up expenses, and potential damage to your devices, software, or data. We do not offer maintenance or support for these Services. Your use of the ID Caddie Product is at your own risk. ID Caddie disclaims all warranties, whether express or implied, to the fullest extent permitted by law, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title, or quiet enjoyment. ID Caddie does not guarantee that the ID Caddie Product will be accurate, uninterrupted, error-free, or meet your requirements. Under no circumstances will ID Caddie or any related parties be liable for any damages arising from your use of the ID Caddie Product. You are solely responsible for any loss or damage incurred, including any misuse of account information or passwords. You understand and agree that we may change, withdraw, terminate Your access to, testing of and/or use of, or discontinue the ID Caddie Product (or any portion thereof) at any time in our sole discretion, with or without notice to You.
6. Payment
(a) By entering your credit card and billing details (“Billing Information”), you authorize and consent to your Billing Information being provided by ID Caddie to its credit card payment processing service provider for the sole purpose of offering and administering online payments of invoices and saved for future transactions on a secure payment vault platform provided to us by a third party credit card processing merchant.
(b) You acknowledge that ID Caddie takes all industry standard measures to ensure credit card payments are secure, including using Secure Socket Layer (SSL) technology. However, you agree, understand and confirm that your Billing Information transmitted over the Internet may be susceptible to misuse, hacking, theft and/or fraud and that ID Caddie or the any payment service provider(s) it uses have no control over such matters.
(c) By entering credit card details onto the ID Caddie Product to pay for the Services, you understand, agree and give express written consent to and authorize ID Caddie or its respective designated representatives or agents to automatically continue charging that card (or any replacement credit card account if the original card is renewed, lost, stolen, or changed for any reason by the credit-issuing entity, and such entity informs ID Caddie of such new replacement card account) until all amounts due for the specified Services are paid in full.
(d) After the Free Trial Period is over, ID Caddie shall charge you the Price per Unique User per Billing Cycle. Clarifications or inquiries regarding our pricing model are encouraged and can be directed to our customer support team through the provided contact information.
7. Feedback
(a) You agree to provide ID Caddie with feedback, including comments, suggestions, and ideas, regarding your use of the ID Caddie Product. Such feedback is offered freely, without any expectation of compensation. You grant ID Caddie a perpetual, irrevocable, royalty-free license to use, modify, and incorporate this feedback in any of its products or services worldwide. This license includes the right to copy, publish, and distribute the feedback in any media or format.
(b) The Services are provided to you for evaluation purposes. By using the Services, you consent to receiving communications from ID Caddie related to your feedback and updates on the Services. Opting out of these communications may result in termination of your access to the Services. Additionally, ID Caddie may monitor your use of the Services to improve its offerings.
8. Intellectual Property
(a) Ownership. You acknowledge and agree that (a) the ID Caddie Product is licensed to You as provided in these Terms and are not sold, (b) You do not acquire any ownership interest in the ID Caddie Product, and (c) all use of the ID Caddie Product is in accordance with the license rights granted herein and subject to all terms, conditions and restrictions in these Terms. ID Caddie and its affiliates and, to the extent applicable, its and their licensors and service providers reserve and retain their entire right, title, and interest in and to the ID Caddie Product and all intellectual property rights (including, as applicable and without limitation, copyrights, trademarks, patents (and patent applications), trade secrets and other proprietary and intellectual property rights) related thereto. For the avoidance of doubt, all trademarks, trade names, service marks and names, logos, banners, and page headers displayed in, on, or through the ID Caddie Product (collectively, the “Marks”) are the property of ID Caddie and its affiliates. Except as expressly set forth in these Terms, You may not display, link to, or otherwise use the Marks without the prior written permission of ID Caddie. You agree that all goodwill that arises in connection with Your use of Marks inures exclusively to ID Caddie, and You agree not to challenge ID Caddie’s ownership or control of any Marks, nor use or adopt any trademarks that might be confusingly similar to any Marks.
(b) Usage Rights. ID Caddie grants You a limited, revocable, non-exclusive, non-sublicensable, non- transferable right for the term of these Terms to access and use the ID Caddie Product in accordance with these Terms. Except as expressly set forth in the foregoing sentence, You are not granted any licenses or rights, whether by implication, estoppel, or otherwise, in or to any ID Caddie Product or any intellectual property rights therein or related thereto, and You may not modify, copy or reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the ID Caddie Product without the prior written permission of ID Caddie. For software distributed under a third-party license (referred to as “Third-Party Software”), Your use of the Third-Party Software will be governed by the applicable third-party license. In the event of an express conflict between a third-party license and these Terms, such third-party license shall control solely with respect to the specific Third-Party Software.
(c) Use Restrictions. Except to the extent permitted by law, You agree not to do the following:
(i) modify, reverse engineer, or attempt to derive the source code of ID Caddie technology or Services;
(ii) use the ID Caddie Product unlawfully or in a manner that could harm its infrastructure;
(iii) employ automated scripts for information collection or interaction with the Product;
(iv) circumvent any digital protections, remove copyright notices, or upload harmful code intended to disrupt the ID Caddie Product;
(v) reveal personal information of others without authorization, disparage ID Caddie, or violate any applicable laws, regulations, or terms;
(vi) use, develop, or distribute unauthorized software, including bots and scrapers, or anonymize your IP address to access the Product;
(vii) sell or resell the ID Caddie Product or its data for monetary value;
(viii) modify the ID Caddie Product or use it in any manner that infringes on intellectual property rights or violates any third-party rights;
(ix) disable or interfere with features or security controls of the ID Caddie Product;
(x) integrate or use the ID Caddie Product with AI platforms or models in an unauthorized manner, or share sensitive data through unapproved AI models or platforms;
(xi) make changes to the Data that adversely affect its integrity or disclose it without ID Caddie's consent; or
(xii) make unauthorized modifications to the ID Caddie Product .
9. Term
(a) Free Trial.
ID Caddie is pleased to offer You a complimentary access period for ninety (90) days from the date the first user from your company signs up for the product ("Free Trial Period"). This exclusive opportunity is extended solely to new users who have not previously engaged in a free trial of ID Caddie services. Should You wish to discontinue the Services during the Free Trial Period, You may cancel Your account at any stage during the Free Trial Period by reaching out to support “at” IDCaddie “dot” com. Should You opt to cancel the Services, Your access to the Services during the Free Trial Period will terminate immediately. ID Caddie maintains the discretion to modify or cease the Free Trial Period at any time without prior notification, although any amendments will not impact users who have already commenced their Free Trial Period. Any extension or modification to the Free Trial Period, including the commencement of the Renewal Term, shall be mutually agreed upon in writing and duly executed by both You and ID Caddie to be effective.
(b) Transition to Renewal Term.
Upon the expiration of the Free Trial Period, You are invited to continue enjoying ID Caddie services without interruption by making payment of the subscription fee as stipulated by ID Caddie in accordance with these Terms. The Renewal Term commences immediately after the Free Trial Period and remains in effect until terminated. If you wish to opt-out of transitioning to the Renewal Term, you are required to issue a cancellation notice. Without such notice, or a separate written agreement, the progression to the Renewal Term is automated, and the relevant subscription fees will be incurred. The Free Trial Period and the Renewal Period shall be collectively referred to as the “Term").
10. Termination.
(a) Termination for Cause. ID Caddie reserves the right to suspend or terminate this Agreement with immediate effect upon written notice if You:
(i) fail to make any due payment and do not rectify the situation within five (5) days after receiving written notice from ID Caddie;
(ii) materially breach any obligations under this Agreement, and the breach is either (A) beyond remedy or (B) if the breach can be remedied, it remains unremedied thirty (30) days after provide written notice of the breach;
(iii) become insolvent or is generally unable to pay, or fails to pay, its debts as they become due;
(iv) file or has filed against You, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law;
(v) make or seek to make a general assignment for the benefit of its creditors; or
(vi) apply for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
(b) Termination Without Cause. Either party may terminate this Agreement without cause upon giving thirty (30) days written notice to the other party. During the notice period, all rights and obligations under this Agreement shall remain in effect.
(c) Effects of Termination.
Upon any termination of these Terms,
(i) all rights granted to You and all benefits accrued by You under these Terms will cease; and
(ii) if You are a Registered User, Your Account will be closed, and You must promptly discontinue all use of the ID Caddie Product.
(iii) Upon expiration of the notice period, this Agreement shall terminate, and both parties shall be released from all further obligations and liabilities to each other, except for those obligations that are intended to survive termination or that arise at or after termination.
11. Disclaimer of Warranties
All Services provided to You by ID Caddie are based on the assumption of the validity of the information provided by you being fully accurate and correct in all circumstances.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED BY ID CADDIE ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO, PARTICIPATION AND/OR USE OF THE ID CADDIE PRODUCT OR SERVICES, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ID CADDIE EXPRESSLY DISCLAIMS ALL WARRANTIES AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ID CADDIE MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES ID CADDIE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ID CADDIE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Confidential Information
You acknowledge and agree that: (i) the Services constitute Confidential Information as defined in the Terms of Service (ii) the successful market launch of commercial versions of the Services requires You to keep all ID Caddie data and information discussed and/or made available through your use of the Services, including, without limitation, the Services strictly confidential; (iii) the premature release of any of the Confidential Information would damage ID Caddie’s competitive and intellectual property interests; and (iv) information about the Services shall not be shared with anyone other than other authorized users of the Services, which may include users in Your ID Caddie Account.
“Confidential Information” means all information disclosed by ID Caddie to You, or accessed or provided by You, relating to the ID Caddie Product, including but not limited to, Your use, Your relationship with ID Caddie, feedback, and any other information made available for Beta Testing, except to the extent made public by ID Caddie. You agree to: (i) only use the Confidential Information as necessary to use or test the ID Caddie Product; (ii) will maintain Confidential Information in strict confidence and use the same degree of care that You use to protect Your own Confidential Information, which shall be at least reasonable care; and (iii) not disclose the Confidential information to any third party unless authorized under this Agreement and who are bound by written confidentiality obligations at least as protective as those set forth in this section (and be responsible for each such third party’s compliance and breach of any confidentiality terms herein). You agree to not make public any information related to the ID Caddie Product without ID Caddie’s prior written approval, which ID Caddie may grant or withhold, in its sole discretion. This confidentiality provision supersedes any prior agreements between the parties solely with respect to Confidential Information exchanged under the terms of these Terms.
13. Compliance with Laws
You agree to comply with all applicable local, provincial, national, and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content, in connection with their performance, participation, access and/or use of the Services.
14. Entire Agreement
These Terms supersede any prior agreements between the parties.
15. Privacy.
When You register as a user of the ID Caddie Product (a “Registered User”), You must submit certain information about Yourself (“Registration Information”), and You hereby authorize ID Caddie to process such Registration Information as described in its Privacy Policy.
Click here or direct Your web browser to https://www.IDCaddie.com/privacy to view a copy of ID Caddie’s current privacy policy (the “Privacy Policy”), which is incorporated into these Terms by reference.
16. Your Account.
If You are approved as a Registered User, You will be asked to create a password-protected account to access the ID Caddie Product available to Registered Users (an “Account”), which will also include a user ID to identify Your account.
When You create an Account, You agree:
• To keep Your Account information and password confidential.
• To notify ID Caddie immediately of any actual or suspected unauthorized use of Your Account.
• To not sublicense, distribute, sell, lease, rent, loan, or otherwise transfer Your Account or the right to access Your Account to any third party.
• To be solely responsible for all activities that occur through Your Account.
• To provide only true, accurate, current, and complete Registration Information and always keep it up-to-date.
• To not: (1) select or use a user ID (which may be an email address) of another person with the intent to impersonate that person; (2) use a user ID in which another person has rights without such person’s authorization.
ID Caddie will not be responsible for any loss to You caused by Your failure to comply with any of the foregoing rules. Any failure to comply with the foregoing rules shall constitute a breach of these Terms, which may result in suspension or immediate termination of Your Account, at ID Caddie’s discretion.
17. Limitation of Liability.
IN NO EVENT WILL ANY RELEASEE BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL AND OTHER INTANGIBLE LOSSES), WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, RESULTING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE ID CADDIE PRODUCT, EVEN IF ID CADDIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ID CADDIE’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ADDITIONAL TERMS IS LIMITED TO $100.
18. Indemnification.
By agreeing to these Terms, you commit to defend, indemnify, and hold ID Caddie and the Releasees harmless against all claims, losses, liabilities, damages, fees, expenses, and costs (including reasonable legal fees and court costs) that arise from your breach of these Terms, violation of any law or regulation, the content you provide, or your use of the ID Caddie Product. ID Caddie will inform you of any such claims and reserves the right to assume the defense at its own expense. Furthermore, you agree to indemnify ID Caddie and its officers, directors, agents, and employees against any third-party claims related to your breach of the Terms, your use of the Services, or your violation of laws, rules, or regulations in connection with the Services.
19. Linked Sites and ID Caddie Product.
The ID Caddie Product may contain links to third-party sites or services that are not under the control of ID Caddie, and ID Caddie is not responsible or liable for any such linked site or service (including any content therein). If You access a third-party site or service through the ID Caddie Product, You do so at Your own risk. ID Caddie provides links only as a convenience, and the inclusion of the link does not imply that ID Caddie endorses or accepts any responsibility for the third-party site or service.
20. Notices.
Except as expressly stated otherwise, any notices required or allowed under these Terms will be given to ID Caddie by postal mail to ID Caddie, Inc., 18 King E St, Suite 1400, Toronto, Ontario, Canada, M5C 1C4, or You may send ID Caddie an e-mail notice at support “at” IDCaddie “dot” com.
21. Survival.
The terms and conditions of these Terms which by their nature should survive termination of these Terms shall survive any termination of these Terms.
22. Third-Party Beneficiaries.
ID Caddie’s affiliates are intended third-party beneficiaries under these Terms with the right to enforce the provisions that directly concern the ID Caddie Product or other ID Caddie technologies to which they have rights.
23. Assignment.
You may not assign, delegate or transfer these Terms or any of Your rights hereunder, and any attempt to do so will be null and void.
24. Choice of Law, Jurisdiction, Venue and Class Action Waiver.
These Terms will be governed by the laws of the Province of Ontario, without giving effect to any conflict of laws principles that would require application of the laws of another jurisdiction or application of the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the courts sitting in Toronto, Ontario for any dispute arising in connection with these Terms. In any such dispute, the prevailing party will be entitled to recover its reasonable legal fees and expenses from the other party. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR ID CADDIE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. To the maximum extent permitted by law, You permanently and irrevocably waive the right to bring any claim in connection with these Terms in any forum unless You provide ID Caddie with written notice of the events or facts giving rise to the claim within one (1) year of their occurrence.
25. International Users.
The ID Caddie Product is operated out of Canada and any Data may be stored and processed internationally. ID Caddie does not represent that the content presented in the ID Caddie Product is appropriate (or, in some case, available) for use in locations outside of the Canada. If You access any the ID Caddie Product from a jurisdiction other than the Canada, You agree that You do so on Your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to Your use of the ID Caddie Product. The information provided in the ID Caddie Product is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ID Caddie to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the ID Caddie Product from locations outside of Canada do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The ID Caddie Product may be subject to Canada export controls. By using, downloading, or installing the ID Caddie Product or otherwise accessing the ID Caddie Product, You represent and warrant that You are not located in, under the control of, or a national or resident of, any country for which the ID Caddie Product cannot be exported to in accordance with Canadian laws.
26. Third Party Platform and Store Terms and Policies.
If and to the extent the Google Chrome Web Store or other relevant third-party store or platform modify their rules for downloading or using mobile applications including the ID Caddie Product, ID Caddie shall not be responsible or liable for any such modifications, including any that vary from this Terms. Certain products, services, content, or functionality provided through the ID Caddie Product (or otherwise provided by ID Caddie) may include products, platforms, content, functionality or software provided by Google Inc. (“Google”). By using such Google-provided materials, You hereby agree to be bound by Google’s Terms of Use located at https://www.google.com/intl/en/policies/terms/.
27. Miscellaneous.
These Terms sets forth the entire understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral and written terms or understandings between the parties regarding such subject matter. The waiver by either party of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.