TERMS OF USE

IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND AGREE TO ACCESS OR OTHERWISE USE THE SERVICES IN ACCORDANCE WITH THESE TERMS OF USE. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE SERVICES.

1. General. Your access and use of TopSavings Inc. ("TopSavings") and any of its affiliates' software, website, applications or online services (collectively, the "Services") constitutes your full acceptance of this terms of use agreement (the "Terms of Use").

2. Acceptance. You acknowledge that: (i) you have read and agree to be bound by the Terms of Use; and (ii) you consent to the collection, use and disclosure of your personal information as permitted by the TopSavings privacy policy, available at www.TopSavings.com/mobile_privacy.html (the "Privacy Policy"). Please read the Privacy Policy carefully. By accessing or otherwise using the Services you signify that you have read, fully understand and agree to be legally bound by the Privacy Policy.

By accessing or using the Services in any manner, you represent, warrant and covenant that you: (i) are at least the age of majority in your province or territory; and (ii) are fully able and competent to enter into the Terms of Use. If you are a minor in your province or territory of residence, your parent or legal guardian has consented to your use of the Services and accepted the Terms of Use on your behalf. If a minor for whom you are legally responsible accesses or uses the Services, you agree to be fully responsible for: (i) the conduct, use or misuse of such minor; (ii) supervising and controlling the minor's access to and use of the Services; and (iii) any breach of the Terms of Use by such minor.

3. Right to Use. TopSavings grants you a limited, non-exclusive and non-transferable licence to use and access the Services solely for your personal and non-commercial use, provided that you are not in breach of the Terms of Use. You acknowledge and agree that the Services are intended exclusively for the purpose of having individual users compare product prices between various grocery stores, drug stores, and other stores. The information obtained from or provided through the Services are for informational purposes only and should not be relied upon or be interpreted as a recommendation for any specific product or course of action.

TopSavings reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services, with or without notice, or to establish general guidelines and limitations on their use. You acknowledge and agree that: (i) you have no ownership rights in the Services; and (ii) you only have a limited licence to use the Services. Ownership of the Services and all intellectual property rights therein remain at all times with TopSavings. Any other use of the Services by any person, business, corporation, government or any other entity is strictly prohibited and is a violation of the Terms of Use. Further, any copying of the Services or any portion thereof will constitute a violation of copyright. Violation of the Terms of Use and/or any applicable laws in any manner automatically terminates the rights granted to you herein and obligates you to cease all use of the Services.

4. Promotional Material and Advertising. The Services may include promotional material and advertisements for third party products and services. By using the Services and agreeing to the Terms of Use, you are acknowledging and agreeing that you may be able to view such content, promotional materials and advertising as may be displayed and included within the Services. You understand and agree that by clicking on a banner advertisement or link from TopSavings' advertisers and sponsors, you may be taken to other websites, which are not operated by TopSavings or under its control. TopSavings does not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services are solely between you and such advertiser. You agree that TopSavings will not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on the Services.

5. Intellectual Property Rights. You agree that the Services contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, trade-mark or patent or other proprietary rights of TopSavings. Except as expressly provided, nothing in the Terms of Use or within any of the Services will be construed as conferring any license under any of TopSavings' intellectual property rights, whether by estoppel, implication, waiver, or otherwise. You will not adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Services. You will not copy, modify, alter, remove, or deface any of the trade-marks, service marks, or other proprietary content, information or materials displayed or made available through the Services, or use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to users of the Services.

You acknowledge that, in the event of any third party claim that the Services or your use of the Services infringes a third party's intellectual property rights (an "Infringement Claim"), you will promptly advise TopSavings. In the event of any Infringement Claim, you agree to provide, at TopSavings' cost, all reasonable assistance requested by TopSavings in TopSavings' defense or settlement efforts and TopSavings shall, in its sole discretion, have the sole authority to defend or settle such claim. In connection with any Infringement Claim, TopSavings may, at its expense and sole option, obtain for you the right to continue using the Services or replace or modify the Services so that it becomes non-infringing.

6. Modifications. TopSavings reserves the right, from time to time, with or without notice to you, to modify the Terms of Use in its sole and absolute discretion. The most current version of the Terms of Use will supersede all previous versions. Your use of the Services after modifications have been made means that you agree to be bound by such changes.

7. Termination. TopSavings, in its sole discretion, reserves the right to cancel, terminate, restrict or suspend your access to the Services, with or without notice to you, for any reason whatsoever, and without any liability or obligation to you or any third party. If TopSavings cancels, terminates, restricts or suspends your access to the Services due to TopSavings' reasonable belief that you are in violation of the Terms of Use and/or any applicable laws, such cancellation, termination, restriction, suspension or deletion are in addition to, and not in lieu of, any rights and remedies available to TopSavings under the Terms of Use or any applicable laws. Your obligations under the Terms of Use and the Privacy Policy, including, without limitation, any indemnifications, warranties and limitations of liability, remain in effect following any such cancellation, termination, restriction, suspension or deletion.

8. Customer Service. You will direct to TopSavings, as set out below, any question, complaint or claim you may have (or any claims of any third party) relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

TopSavings Inc.
Box 52072 - RPO Rideau East.
Ottawa, ON, K1N 1B4, Canada

Phone: 613-724-6240

Email: service@TopSavings.com

9. Collection of Information Through Automatic Means. TopSavings uses Crashlytics and Answers, analytics services provided by Google, Inc. ("Google"), to better understand how individuals use the Services, and to improve the Services to better meet your needs. Crashlytics and Answers may use mechanisms such as application data caches to collect standard user behaviour information in an anonymous form. The anonymous information generated by Crashlytics or Answers about your use of the Services is transmitted to and stored by Google on its servers in the United States and processed to compile aggregated statistical reports that are used by TopSavings to improve the Services. By using the Services, you consent to the collection and use of such user behaviour information.

10. Disclaimer of Warranties. ANY AND ALL INFORMATION OBTAINED FROM OR PROVIDED THROUGH THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY, IS NOT INTENDED TO PROVIDE A SPECIFIC RECOMMENDATION AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD. YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL TOPSAVINGS HAVE ANY LIABILITY FOR DECISIONS MADE OR ACTIONS TAKEN BY YOU AS A RESULT OF USING THE SERVICES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TOPSAVINGS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF QUIET ENJOYMENT, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND OF AUTHENTICITY ACCURACY, RELIABILITY COMPLETENESS OR TIMELINESS OF THE MATERIALS, SOFTWARE, SOUND, TEXT, GRAPHICS, LINKS OR INFORMATION IN THE SERVICES. TOPSAVINGS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN, PERFORMED OR PROVIDED BY, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TOPSAVINGS SHALL CREATE A WARRANTY.

11. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TOPSAVINGS, ANY OF ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND SUBCONTRACTORS (COLLECTIVELY, "TOPSAVINGS' PROVIDERS") BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TOPSAVINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TOPSAVINGS' (OR THAT OF TOPSAVINGS' PROVIDERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity. You agree to indemnify and hold TopSavings and its affiliates, and the officers, directors, employees, agents and representatives of each of them harmless from any and all claims, losses, liabilities, damages, suits, actions, costs, penalties and demands arising out of or relating, directly or indirectly, to: (i) the fact that you have accessed or otherwise used the Services (ii) your violation of any of the terms and conditions of the Terms of Use; and/or (iii) the infringement by you of any intellectual property or other right of any person or entity.

General. The Terms of Use, your use of the Services, and all related matters shall be governed solely by the domestic laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in relation to all disputes arising from or related to the Terms of Use, your use of the Services and any related matters. The Terms of Use and the documents referenced herein constitute the entire agreement between the parties with respect to the subject matter herein and cancel and supersede any prior understandings and agreements between the parties with respect to the subject matter herein. If any provision of the Terms of Use are held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of the Terms of Use shall continue in full force and effect. No failure to exercise or waiver of any provision of the Terms of Use shall be deemed to be a further or continuing waiver of such provision or any other provision of the Terms of Use. The Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns.
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