Freedom Passport Terms of Service (the “Agreement”)

Effective Date:

Bio90 Manufacturing Canada Inc. (hereinafter “Bio90”, “we“, “us“, or “our“) provide a service that provides users access to third-party legal materials and documents. This service is provided and may be accessed through our website, www.FreedomPassport.ca (the “Site”), through our software application Freedom Passport (the “Application”) and through other associated software, products and services (the Site, Application and related services collectively referred to as the “Services”).

All content, information, products and services provided on and through the Services may solely be used under the following terms of service (the “Terms”). This Agreement sets forth the binding terms and conditions for users (“you”, “your” or a “user”) of the Services. Your use of the Services constitutes your acceptance of the Terms, as well as any other terms, guidelines or rules that apply to any portion of the Site, as established from time to time, including but not limited to our Privacy Policy. If you do not agree to these Terms, you must exit and immediately discontinue your use of the Services.

1. License for Access and Use and Acceptance

Subject to your compliance with these Terms, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Services. You may use the Services for your own personal use only, and only in compliance with all privacy, data protection, intellectual property, and other applicable laws. We may terminate this Agreement at any time for any reason. You agree to abide by this Agreement and other terms and conditions that we establish from time to time. You represent, warrant and covenant that your use of the Services and our products will be for legal, authorized and acceptable purposes.

2. Prohibitions

This grant does not allow you to use the Services for commercial exploitation or other uses that are inconsistent with these terms. In particular, you may not:

  • Resell or make any commercial use of the Services or any of the products or contents thereof;
  • Sell, transfer, or assign any of your rights to use the Services to a third-party without Bio90’s prior written consent;
  • Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into any readable form any of the contents of the Services not intended to be read or used;
  • Attempt to interfere with, harm, reverse engineer, misappropriate, or gain unauthorized access to the Services, user accounts, or technology, software and equipment supporting the Services;
  • Copy, reproduce, republish, download, display, distribute, modify, publish, post or transmit any of the contents of the Services (including the Site, Application any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
  • Frame or link to the Services without Bio90’s permission;
  • Access the Services from a jurisdiction where it is illegal or unauthorized;
  • Use the Site or Services in an illegal, immoral, or unauthorized manner or to commit an illegal act or that otherwise results in fines, penalties, damages or other liability to Bio90, its licensors, shareholders, directors, partners, affiliates and others;
  • Use any data mining, robots, spiders, automated tools, software or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Services;
  • Post incomplete, false, or misleading information, or impersonating another person, or misrepresenting your affiliation with a person or entity;
  • Disclose personal information about another person;
  • Post harassing, abusive, or objectionable material; or
  • Post advertising or marketing links or content, except as specifically allowed in these Terms.

See also the section below entitled User Submitted Content.

3. Modification

We reserve the right to update and revise these Terms at any time. You will know if the Terms have been revised since your last visit by referring to the “Effective Date” noted at the top of this document. We reserve the right, at our sole discretion, to change, suspend, or discontinue the Site, our Services and any features thereof at any time for any reason, without notice or liability.

4. Registration and Accounts

Certain sections of the Services that you provide information to Bio90. You represent and warrant that all the information you provide is true, accurate, current and complete. In order to use the Application, you must register an account.

By using the Services, you represent and warrant that all information that you provide is complete, accurate, current, and valid. If any information changes, you must promptly update the details of your account. We reserve the right to temporarily suspend or permanently terminate your account at any time for any reason. Account information, including email addresses, is confidential and will not be given, sold or shared with third parties.

Purchases can be made through the Site without creating an account. You may choose to register an account to facilitate future purchases on the Site. If you create an account, the account is personal to you and you may not share your account information with, or allow access to the account, any third-party.  You are solely responsible for the losses incurred by Bio90 and others resulting from any unauthorized use of your account.

In the event you wish to participate in the Partnership Program, you must review and agree to our Partnership Program Agreement also available on our website. This agreement is incorporated into this Agreement by reference.

5. Fees and Payments

The prices for products available for purchase through the Services are displayed on the Site. Unless otherwise stated, the prices do not include taxes or shipping fees. Any applicable taxes or shipping fees will be communicated to you before you place an order.

The Services uses third parties to process payments. We do not warrant or represent that each of these payment methods will continue to be supported on the Site. Such third-party payment providers may change from time to time.

6. Gift and Promo Codes

Bio90 may offer qualified consumers gift codes, promotion codes or offer codes through promotional activities and communications that are redeemable towards a purchase on the Site, subject our restrictions as may be determined at our sole discretion. Only valid offer codes provided, promoted or authorized by Bio90 will be honoured at checkout. Unauthorized offer codes are not valid and will not be accepted. Expiry dates may apply to each offer code. Authorized offer codes are non-transferable and valid for single use on a product or Service as determined by Bio90. Offer codes may not be combined and may not be used in conjunction with other special offers or discounts offered by Bio90. Offer codes are valid online only. We are not responsible for lost, stolen, expired or corrupted codes or any unauthorized use of offer codes. Offer codes cannot be redeemed for cash or any cash equivalent. The dollar value of any offer code will not be refunded or credited back if any or all of the purchased Products are returned. Offer codes are void if copied, transferred, sold, exchanged, expired or prohibited.  See our Partnership Program Agreement for further information.

7. Orders, Delivery and Refunds

You must ensure that the information you submit is accurate and complete before payment. Once you have placed an order, we will send you an email confirming your order details and that the order has been dispatched. Only when you have received this confirmation will there be an agreement between you and Bio90.

On placing an order, details relating to delivery and time frame will be given to you by email. Bio90 is not responsible for shipping delays beyond its control.

We will work with you on a case-by-case basis and attempt to resolve any issues with regards to the Freedom Passport products or other related Services. You must notify Bio90 of any damages or defects within 72 hours of receipt of goods.   In the event that a Freedom Passport product needs to be replaced, you must purchase a reprint. Bio90 does not offer refunds.

8. Privacy

We have adopted a Privacy Policy that is hereby incorporated into these Terms by reference. You should refer to the Privacy Policy to fully understand how Bio90 collects and uses your information when using the Services.

9. Disclaimer

The content and links to other content on the Site and the Services are provided for informational purposes only and do not constitute or replace professional or legal advice, use of the Site and the Services is at your own risk.   Freedom Passport (physical or electronic) products are not official or valid passport and may not be used a substitute for a validly issued government passports.

Bio90 makes no representation about accuracy, reliability, completeness or timeliness of any of the contents on the Site or Services.   Bio90 makes no representation about the accuracy, reliability, completeness, or timeliness of any data or content from a third-party service provider or the quality or nature of third-party content, products or services obtained through the Site. Bio90 disclaims all liability of specific results from use of the Site or Services.

Third-party content may appear on, linked to or be accessible from the Services. Bio90 does not represent or guarantee the truthfulness, accuracy, accessibility or reliability of content posted by third parties. You accept that any reliance of material posted by third party-service providers will be at your own risk.

You assume all risk associated with interacting with third parties or third-party sites. You agree to resolve disputes directly with other third parties. When you use third-party sites and services, their terms and privacy policies govern your use of those services. You release us of all claims, demands and damages in relation to disputes among other third-party users of the Site. We are not responsible for any disputes or disagreements between you and any third-party you interact with using the Site.

EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY HEREIN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SITE, APPLICATION AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND BIO90, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (“RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

10. Limitation on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIO90 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH), RESULTING FROM: (i) ANY ERRORS OR OMISSIONS FROM THE SITE, SERVICES OR ANY PRODUCTS OR SERVICES THEREFROM; (ii) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (iii) THE CONTENT CONTAINED ON THE SITE OR SERVICES; (iv) ANY DELAY OR FAILURE OF PERFORMANCE OF THE SITE OR SERVICES; (vi) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SITE OR SERVICES; (vii) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON THE SITE OR SERVICES; OR (viii) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR BIO90 CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE0, WILL NOT EXCEED $100.

11. User Submitted Content

From time to time, Bio90 may allow you to post reviews, comments, photos or similar material on the Site (collectively, “Review” or “Reviews”). You agree that any Reviews posted on the Site will not be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, vulgar, offensive, obscene, hateful or promote discrimination, bigotry, racism or hatred as determined by Bio90 in its sole discretion. You also agree that the Reviews submitted will not introduce or contain any viruses, time-bombs, worms, cancel bots, Trojan Horses, and other harmful or malicious code.

By posting a Review on the Site, you hereby grant Bio90 an unrestricted, assignable, royalty-free, perpetual, non-exclusive right and license to use, reproduce, distribute, publicly display, transmit, communicate to the public, modify, edit, translate, create derivative works from, and otherwise exploit (collectively “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing Bio90 and the Services. You further grant Bio90 an unrestricted, assignable, royalty-free, perpetual, non-exclusive right and license to Use the name, image and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy, moral rights, or other rights of a similar nature you have in your Review.  You represent and warrant that (i) you are the sole and exclusive owner of the Review that you posted to the Site, or that you have all rights, licenses, consents and releases necessary to grant Bio90 the rights in your Reviews, and (ii) the Review that you posted does not infringe, misappropriate or violate the rights of any third party or entity, constitute or result in defamation, libel, slander or any similar offense, or require Bio90 to obtain any licenses from or make any payments in any amounts to any third-party.

12. Intellectual Property

Unless otherwise noted, all content included on the Services, the Site, including images, illustrations, designs, icons, photographs, video clips, charts, written and other materials (collectively, with “Marks” defined below, the “Content”) is the property of Bio90 or Bio90’s licensors, partners or affiliates. The Content is protected by Canadian, United States and international copyright and trademark laws, as applicable. Any unauthorized use of any of the Content on this Site is strictly prohibited and may violate copyright and trademark laws, and or/ the laws of privacy, publicity, and/or communication regulations and statutes. The Content on the Site may only be used with Bio90’s prior written consent.

All trademarks, design marks, logos, taglines, service marks, trade names, and trade dress (collectively the “Marks”) that appear on this Site or the Services are owned and are proprietary to Bio90, or the respective owner of such Marks. You may not display, copy, misappropriate, reproduce or pass-off the Marks in any manner without the prior written consent of Bio90. You may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

13. Dispute Resolution

All disputes between you and Bio90 relating to these Terms or your use of the Services will be resolved by arbitration. You agree to waive your right to initiate a court proceeding to assert or defend your rights under these Terms, except for matters that may be taken to small claims. Your rights will be determined by a neutral arbitrator.   Unless we mutually agree on a different location, arbitration shall occur in Toronto, Ontario, Canada. Nothing in these Terms will be deemed to waive or limit the right of Bio90 to pursue an enforcement action to address an intellectual property infringement claim.

14. Governing Law

These Terms shall be governed by the Province of Ontario and the federal laws of Canada applicable therein.

15. Termination

Bio90 reserves the right, without notice or liability, in Bio90’s sole discretion to terminate your license to use this Services, delete your account, remove your reviews, and to block or prevent future access to and use of this Site for any reason. These Terms will survive termination.

16. Waiver

Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms.

17. Severability

If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.

18. Force Majeure

We will not be held liable for any delays or failure in performance of any part of the Application, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, viral or bacterial pandemic, medical emergency, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

19. Entire Agreement

These Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between the user and Bio90 with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

20. General

This Agreement constitute the entire agreement between you and Bio90 concerning your access and use of the Site. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited or modified as necessary to eliminate its invalidity or unenforceability without in any way affecting the remaining portion of the Agreement.