CONSUMER DISCLOSURE AND CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION
(the "Agreement")
From time to time, NexOne Agent (hereinafter in this Agreement referred to as “we”, “us” or “Company”) may be required by law to provide to you certain notices, disclosures authorizations, acknowledgements and other documents (hereinafter collectively referred to as “Documents”). The Company may also be required to use, collect, store and disclose your personal information in order to facilitate performance of the services offered to you by the Company. Described below are the terms and conditions for electronic delivery of such Documents through the Company’s electronic signing platform (hereinafter referred to as “Repree”) and collection, use, storage and disclosure of your personal information. The delivery of such Documents, the electronic signature platform, and any services ancillary or consequent to, or in support of, the foregoing services are from time to time collectively referred to herein as the “services”. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the “I Agree” button at the bottom of this document.
ALL DOCUMENTS TO BE SENT TO YOU ELECTRONICALLY
Unless you notify us in accordance with the procedures set out herein, you hereby agree and acknowledge that all Documents that are provided or made available to you during the course of your use of our services shall be provided to you electronically through the repree system.
OBLIGATION TO UPDATE THE COMPANY OF CHANGE IN EMAIL ADDRESS
It is your obligation to immediately provide Notice in Writing to the Company in the event that you no longer wish to receive Documents at the email address you provided to us. Notice in Writing shall be provided to the Company in accordance with the section entitled "How to Give Notice to the Company" herein.
You agree to waive any and all claims against the Company, and release protect, defend, indemnify and hold harmless the Company from and against any and all claims by third parties, which claims by you or third parties directly or indirectly arose out of, resulted from, or are in any way connected with or related to your failure to immediately notify the Company as described herein even if such claims were caused by or contributed to by the joint or concurrent negligence of the Company.
WITHDRAWING CONSENT TO RECEIVE DOCUMENTS ELECTRONICALLY
At any time throughout the course of your use of our services you may elect to receive all Documents in paper format through our mail delivery system, however, in no event are we obligated to provide the Documents to you both electronically and in paper format. If you elect to receive Documents in paper format, you are hereby notified that this method of delivery will decrease the speed at which we can provide our services to you. Therefore, you are encouraged to contact a customer service representative before selecting this method of document delivery.
You may withdraw your consent to receive electronic delivery of Documents by using the Repree "Withdraw Consent" form on the signing page of a Repree envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive Documents electronically from us. Alternatively, you may withdraw consent by sending Notice in Writing to the Company as provided in the section entitled "How to Give Notice in Writing to the Company" herein.
Upon withdrawing your consent as hereinbefore described, you acknowledge and agree to the following:
(a) you will no longer be able to use the Repree system to receive Documents electronically; and(b) you will no longer be able to use the Company’s electronic signature services.
REQUESTING PAPER COPIES
At any time after electronic delivery of the Documents, you may request a paper copy, or copies, of such Documents by sending Notice in Writing to the Company. Administrative fees for this service may apply. Notice in Writing shall be provided to the Company in accordance with the section entitled "How to Give Notice in Writing to the Company" herein.
USE AND COLLECTION OF PERSONAL INFORMATION
We may be required to collect, use, store and disclose certain personal information solely for the purposes of offering the services contemplated by this Agreement.
By clicking the “I Agree” button, you hereby represent and warrant that you have carefully reviewed the Company’s privacy policy (https://agent.nexone.ca/account/privacy/) and hereby consent to the collection, use, storage, and disclosure of your personal information on the terms and conditions contained therein.
WARRANTY AND INDEMNITY
You confirm that you are at least 18 years of age and are fully able to enter into the terms, conditions, obligations representations and warranties described in this Agreement, and to abide by and comply with them.
You agree that your use of the Company’s services, content, website or software is at your sole risk. The Company makes no warranty concerning:
(a) the validity and sufficiency of electronic signatures; and
(b)the enforceability of the terms and conditions contained in any third-party document hosted on the
Company's website and provided by the Company to to the Company's customers and members.
In no event shall the Company, its officers, directors, or employees be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred directly or indirectly arising out of, resulting from, or in any way connected with or related to your use of the Company's services, content, website or software, even if such claims were caused by or contributed to by the joint or concurrent negligence of the Company.
You agree to release, protect, defend, indemnify and hold harmless the Company, its officers, directors and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) directly or indirectly arising out of, resulting from, or in any way connected with or related to your use of the Company's services, content, website or software, even if such claims were caused by or contributed to by the joint or concurrent negligence of the Company.
HOW TO GIVE NOTICE IN WRITING TO THE COMPANY
All written notices to be given to the Company under this Agreement (herein referred to as "Notices in Writing") shall be delivered by email to noa.support@nexone.ca.
CHOICE OF LAW AND FORUM
You agree that the Company's website shall be deemed solely based in Alberta, Canada and that this Agreement shall be governed by the laws of the Province of Alberta, Canada whose courts shall have exclusive jurisdiction over any and all claims against the Company resulting from or that are in any way related to this Agreement.
You agree that any cause of action in relation to the Company's services must be commenced within one (1) year after the cause of action accrues, or such cause of action is permanently barred.
SOFTWARE AND HARDWARE REQUIREMENTS
- Most recent versions of any major internet browser (Internet Explorer, Mozilla, Safari, Google Chrome)
- Up to date version of Adobe Acrobat or Adobe Acrobat Reader
ACKNOWLEDGEMENT OF ACCESS TO ELECTRONIC DISCLOSURE AND CONSENT TO ELECTRONIC DELIVERY OF DOCUMENTS
By checking the "I Agree" button below, you hereby confirm the following:
- I can access and read this CONSUMER DISCLOSURE AND CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION;
- I agree to all of the terms and conditions in the CONSUMER DISCLOSURE AND CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION; and
- I can print on paper this CONSUMER DISCLOSURE AND CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION or save and send the document to a place where I can print it for for future reference and access.