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A minimum subscription commitment of twenty-four (24) months is to be purchased by the subscriber. After that period, the subscription contract is month-to-month and you can cancel at any time. Should the buyer want to end the subscription within the 24-month period, the contract can be "bought out" for the total price of the remaining months in the 24-month term.
Your subscription is renewed on the same date each month, except if the current month does not have the same number of days. For example, a subscription beginning on the 31st of January is renewed on Feb 28th.
You are also responsible for regularly reviewing the Privacy Statement and related documents. We reserve the right to modify this Privacy Statement at any time. No amendment to or modification of this Statement will be binding unless in writing and signed by a duly authorized representative of Quiet City Design or posted to the Site by a duly authorized representative of Quiet City Design.
In the event that Quiet City Design goes through a business transition, such as a merger, an acquisition by another company, or a sale of a portion of its assets, users’ personally identifiable information will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the site for 30 days after a change of ownership or control of their personally identifiable information. If, as a result of the business transition, a user’s personally identifiable information will be used in a manner different from that stated at the time of collection, users will be given a choice consistent with our notification of changes section.
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WITH THE EXCEPTION OF A LEGAL ACTION BY US TO COLLECT PAYMENT OF FEES DUE FOR LEADS DELIVERED FOR WHICH SUCH ACTION MAY BE BROUGHT WITHIN THREE (3) YEARS OF THE DEBT BEING INCURRED, NO OTHER ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION OCCURS.
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NEITHER PARTY SHALL BE LIABLE IN ANY WAY FOR ITS FAILURE TO PERFORM HEREUNDER, OTHER THAN ITS FAILURE TO PAY ANY MONIES DUE AND OWING HEREUNDER, IF SUCH FAILURE IS OCCASIONED BY ANY OF THE FOLLOWING: WAR; FIRE; FLOOD; INTERRUPTION OF TRANSPORTATION; EMBARGO; ACCIDENT; EXPLOSION; GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS, PRIORITIES OR RATIONING; STRIKE, LOCKOUT OR OTHER LABOUR PROBLEMS; OR ANY CAUSE BEYOND THE REASONABLE CONTROL OF THE NON-PERFORMING PARTY PROVIDED, HOWEVER, THAT THE NON-PERFORMING PARTY SHALL MAKE A GOOD FAITH EFFORT TO PERFORM.
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TERM OF AGREEMENT AND TERMINATION:
THIS AGREEMENT IS NON-CANCELLABLE BY YOU THE BUSINESS OWNER or RENEWED ACCOUNT FOLLOWING ACTIVATION AND SOFTWARE RECEIVED.
This Agreement shall remain in force and effect as long as you hold an account with QUIETCITYDESIGN.COM. You may close your account at any time following your initial twenty-four-month subscription term and terminate this Agreement by providing a email within 48 hours to QUIETCITYDESIGN.COM BEFORE YOUR NEXT BILLING CYCLE, WITH YOUR EXPLICIT REQUEST TO CANCEL your account. The use of software memberships are available on a monthly basis. There are no refunds on purchased subscriptions on QUIETCITYDESIGN.COM or between billing cycles.
1) In the event the other party suffers any insolvency proceeding, either voluntary or involuntary, or is adjudicated bankrupt or makes any assignment for the benefit of creditors. Such termination shall not relieve the party in proceedings from liability for the performance of its obligations arising prior to such termination and shall be in addition to all other rights and remedies the terminating party may have available to it under this Agreement, at law or in equity; or
2) At any time upon written notice (including electronic mail) with or without cause by QUIETCITYDESIGN.COM in the event of a material breach by you of any of the Terms of Service set forth herein.
3) Upon written notice to the other party if such party reasonably believes that (i) performance of this Agreement violates or is being conducted in a manner that does not comply with any applicable law, regulation, licensing requirement, ordinance or order, and (ii) that such violation or non-compliance cannot be remedied or that the cost of remediation or compliance is prohibitive.
GOVERNING LAW AND CHOICE OF VENUE
Ontario law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction’s laws and without regard to conflicts of law principles. In any litigation, arbitration, or other proceedings by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liability clause. The parties consent to the exclusive jurisdiction and venue of the courts of the Province of Ontario, City of Toronto or to any Federal Court located within Canada.
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.