TERMS & CONDITIONS
"You" means you individually, any person, company, partnership or sole trader business including any employer that you are acting on behalf of.
"Centigrade Incorporation" is the service mark and trading name of Centigrade Incorporation. All references to Centigrade Incorporation refer to Centigradeinc.com
"Subscription Based Plans"
Subscription Based Plans are tenured Subscription plans offered by Centigrade Incorporation that are active for a specified period and will not include any incident based plans such as Per Incident Plan or the like.
"SERVICES" AND "Centigrade Incorporation PORTAL" All references to "Services" refer to any Centigrade Incorporation service plan that you enter into with Centigrade Incorporation through use of the Centigrade Incorporation web portal located at https://centigradeinc.com (the "Centigrade Incorporation Portal") or by calling the Centigrade Incorporation phone number mentioned on the web portal. These Terms and Conditions govern all plans available through the Centigrade Incorporation Portal, and any use of the Centigrade Incorporation Portal. In the event of any conflict these Terms and Conditions control any Plan Order form that you submit requesting Services ("Plan Order").
"MATERIALS" "Materials" means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Centigrade Incorporation Portal are the proprietary and copyrighted work of Centigrade Incorporation and/or its suppliers. The definition of "Materials" does not include the design or layout of the https://centigradeinc.com Web site or any other Centigrade Incorporation owned, operated, licensed or controlled site.
"SOFTWARE" "Software" means a computer program of any kind, whether owned by Centigrade Incorporation or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both Centigrade Incorporation Software and Third Party Software.
COOLING OFF PERIOD means the period defined in clause 7.2 below.
3. SUBMISSION OF PLAN ORDERS; SERVICE PLANS: You may order Services by submitting Plan Orders through the Centigrade Incorporation Portal or by calling Centigrade Incorporation. Once Centigrade Incorporation accepts the Plan Order submitted by you, then you will receive an email from Centigrade Incorporation at the email address that you provide or have provided to Centigrade Incorporation as part of the Registration Process for the Services. Centigrade Incorporation is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Centigrade Incorporation of a Plan Order, you will have a Service Plan.
4.1 Subject to the Terms and Conditions, and other terms specific to each Service Plan, Centigrade Incorporation will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Centigrade Incorporation will attempt problem diagnosis and a solution over the telephone, through chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to Centigrade Incorporation' Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at our helpline 1-855-202-5900.
5.1 Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Centigrade Incorporation has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
5.2 You understand that certain Service Plans may have onetime fee including, but not limited to Service Fee and/or Activation Fee. This fee will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order or in accordance with the Cooling Off Period (see below).
5.3 When you purchased the Service, you agreed to specific price and plan, which may have included a term of one, two or three years (Term Plan). Similarly, some plans may offer a discount on the Service if you sign up for other Centigrade Incorporation services (Bundle Discount). You agree to the applicable term in relation to the Service and /or the bundled services you have ordered. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the term expires; (2) you drop one of the Centigrade Incorporation services you were required to purchase to receive the special rate; or (3) You terminate the agreement/Service before the expiry of the term.
6. CREDIT CARD BILLING
6.1 You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Centigrade Incorporation to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Centigrade Incorporation and/or any other company who bills products or services, or acts as billing agent for Centigrade Incorporation to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full.
6.2 You agree to provide Centigrade Incorporation with updated credit card information upon Centigrade Incorporation' request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Centigrade Incorporation nor any Centigrade Incorporation affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enrol, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Centigrade Incorporation' option, to the account number provided for such automatic payment or electronic funds transfer plan.
6.3 When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional USD 15.00.
7. CONSUMERS RIGHT TO CANCEL
7.1 You will be dealing with Centigrade Incorporation as a consumer (Consumer) if you purchase the Services for your personal benefit and do not use the Services for commercial purposes in a business.
7.2 Consumers have the right to this Agreement at any time up to the end of seven working days after the day (the Cooling Off Period) on which the Agreement is concluded (i.e Centigrade Incorporation accepts your order), subject to the following provisions. A working day is any day other than weekends and bank or other public holidays.
7.3 The Consumer does not have the right to cancel the Agreement if the supply of the Services begins by the Consumer requesting performance of the Services before the end of the seven working day cancellation period.
7.4 To exercise the right of cancellation, the Consumer must give written notice to the Centigrade Incorporation by email, at the Suppliers email address as follows: setting out your name, address, plan description and any order number.
7.5 Once the Consumer has notified the Centigrade Incorporation that the Consumer is canceling the Agreement, Centigrade Incorporation will within 30 days refund or re-credit to the Consumer any sum that has been paid by the Consumer or debited from the Customers credit card for the Services.
7.6 After the Cooling Off Period you may only terminate the Agreement in line with the refund policy set out below.
8. REFUND POLICY To https://centigradeinc.com customers satisfaction is of great importance. If you are not satisfied with our services then let us know we will try our best to resolve your problem with the highest priority. Customers will not be able to make amendments or cancellations on the service plans unless approved by Centigrade Inc. customer services. Any cancellations made after 30 days from the date of subscription will not be liable for a refund. All transactions including cancellations are subject to the Terms and Conditions of Centigrade Inc. The refund process usually takes two weeks and at times would take one month to forty-five days during peak season from the date of the actual charge. For further information or query please email us at firstname.lastname@example.org.
For urgent refunds; Call us at out Toll Free number 1-855-202-5900 and we will make sure that you will get your refund within 14 days of your request.
9. RENEWAL POLICY
9.1 Centigrade Incorporation will call you prior to the expiry of your Service/plan and inform you that your plan will automatically renew for another year on the anniversary of you contracting with Centigrade Incorporation.
9.2 Your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with Centigrade Incorporation.
9.3 If you would like to opt out of the 'Auto Renewal', please call us at our helpdesk given above and speak with one of our customer service representative at least 30 days prior to your subscription end date to discontinue your Service.
11. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
12. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Centigrade Incorporation Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any Centigrade Incorporation server, or the network(s) connected to any Centigrade Incorporation server, or interfere with any other party's use and enjoyment of any of the Centigrade Incorporation Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any Centigrade Incorporation Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any Centigrade Incorporation server or to any of the Centigrade Incorporation Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Centigrade Incorporation Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
13. FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
13.1 Though Centigrade Incorporation has no limits on the amount of telephone or online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to Centigrade Incorporation' "fair use" policy. Under this policy, if at any time, in Centigrade Incorporation' sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then Centigrade Incorporation reserves the right to suspend or terminate Subscriber's Subscription Services.
13.2 Centigrade Incorporation reserves the right to suspend or terminate any Subscription Services of any Subscriber that Centigrade Incorporation, in its sole discretion, determines are being used:
(b) by any person other than Subscriber, or
(c) for any computer system other than a Registered System.
13.3 User may terminate the Service at any time by giving written or electronic notice to Centigrade Incorporation; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
14. COMMUNICATIONS SERVICES
Centigrade Incorporation may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with Centigrade Incorporation's employees and others as appropriate to your Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.
15. USE OF COMMUNICATIONS SERVICES
15.1 You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
(a) Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
(b) Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
(c) Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
(d) Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trade mark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
(e) Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
(f) Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another's computer or property of another.
(g) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
(h) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
(i) Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
(j) Restrict or inhibit any other user from using and enjoying the Communication Services.
(k) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
(l) Harvest or otherwise collect information about others, including e-mail addresses.
(m) Violate any applicable laws or regulations.
(n) Create a false identity for the purpose of misleading Centigrade Incorporation or others.
(o) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.
15.2 Centigrade Incorporation has no obligation to monitor the Communication Services. However, Centigrade Incorporation reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Centigrade Incorporation reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
15.3 Centigrade Incorporation reserves the right at all times to disclose any information as Centigrade Incorporation deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Centigrade Incorporation' s sole discretion.
15.4 Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
15.5 You will be responsible for Centigrade Incorporation' losses and costs resulting from your breach of this clause 15.
You may not create hyperlinks to any portion of the Centigrade Incorporation Portal, nor any Materials or Software posted therein.
17.GUESTS; LIMITED LICENSE TO USE OF Centigrade Incorporation PORTAL
17.1 If you are not currently subscribed for a Service, then you are regarded as a "Guest". Usage of the Centigrade Incorporation Portal by current Centigrade Incorporation customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a "Guest".
17.2 As a Guest you may use the Centigrade Incorporation Portal and Materials specifically designated as available to guests on the Centigrade Incorporation Portal for the limited purposes of:
(a) deciding whether to subscribe to the Services provided by Centigrade Incorporation,
(b) registering with Centigrade Incorporation and submitting Plan Orders only.
17.3 The foregoing license grant is a non-exclusive revocable license.
18. LIMITED LICENSES TO USE THE Centigrade Incorporation PORTAL, MATERIALS AND SOFTWARE
18. As permitted through a Service, you may use Materials and Software posted on the Centigrade Incorporation Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
19. GENERAL LICENSE RESTRICTIONS
Any other use of the Centigrade Incorporation Portal, Services, Materials or Software, other than as explicitly permitted by Centigrade Incorporation is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Centigrade Incorporation and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
20. USER RESPONSIBILITY
20.1 In connection with obtaining Services, you agree that you will:
(a) Cooperate with the Centigrade Incorporation Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician's instructions. You must confirm that the following conditions are true:
The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with Centigrade Incorporation support personnel.
Software/Data Backup: You understand and agree that Centigrade Incorporation shall under no circumstance be responsible for any lost or corrupted software or data. Centigrade Incorporation strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify Centigrade Incorporation immediately of any unauthorized use of your account or any other breach of security. Centigrade Incorporation will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Centigrade Incorporation or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
21. AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
21.1 You hereby acknowledge that circumstances outside of Centigrade Incorporation' reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Centigrade Incorporation' ability to schedule a support session. You agree that Centigrade Incorporation shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays and Centigrade Incorporation will endeavour to provide the Services as soon as it can and will update you accordingly on the timescale that the Services will be provided.
21.2 Centigrade Incorporation or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
22. EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:
any item or activity not covered by the terms of a Plan Order;
service beyond the duration limitations identified in your Plan Order;
problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
Problems that may and do result from:
External causes such as accident, abuse, misuse, or problems with electrical power;
Usage that is not in accordance with product instructions provided by manufacture;
Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or Problems caused by using accessories, parts, or components not compatible with the product.
Non Compliance with the Centigrade Incorporation technician instructions for resolving the query.
23. END USER LICENSE AGREEMENTS (EULA) - GENERALLY
23.1 In connection with our Service, we may provide to you, the use of certain software which is owned by Centigrade Incorporation or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
23.2 The Software may be accompanied by a EULA from Centigrade Incorporation or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
24. THIRD PARTY SOFTWARE 24.1 As part of the Services, Centigrade Incorporation may suggest that you acquire, install and use certain third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Centigrade Incorporation assists you in the acquisition, installation, and/or use of Third Party Software. Centigrade Incorporation has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
24.2 To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment.
24.3 You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
25. THIRD PARTY AGREEMENTS As part of the Services, Centigrade Incorporation may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that Centigrade Incorporation may elect to make available from time to time. Violation of such third party provider's terms of service may, in Centigrade Incorporation' sole discretion, result in the termination of your customer account and use of service.
26. LIABILITY 26.1 IN NO EVENT SHALL CENTIGRADE INC BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY, IN ANY MANNER (INCLUDING NEGLIGENCE) FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, EVEN IF CENTIGRADE INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL SERVICES, CONTENT, GOODS OR SERVICES AVAILABLE THROUGH THIS WEBSITE. IN THE EVENT THAT THE APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES,
26.2 SOME OF THE CENTIGRADE INC SERVICE PLANS COME WITH A 15- DAYS LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 15- DAYS LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT
26.3 CENTIGRADE INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. CENTIGRADE INC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
26.4 THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CENTIGRADE INC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
26.5 IN NO EVENT SHALL CENTIGRADE INC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
26.6 This clause 26 shall not limit or affect Centigrade Incorporation liability resulting from any products sold through the Website being found to be unsafe or if something Centigrade Incorporation does negligently causes death or personal injury.
27. LIMITATIONS ON ACTIONS 27.1 Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
28. TERM AND TERMINATION 28.1 CENTIGRADE INC at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Centigrade Incorporation:
(a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software;
(b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Centigrade Incorporation' network, or the use and enjoyment of Centigrade Incorporation' other users;
(c) Centigrade Incorporation receives an order from a court to terminate the Service you are availing ;
(d) if Centigrade Incorporation for any reason ceases to offer the Service;
(e) if you are no longer a Centigrade Incorporation customer, or
(f) Centigrade Incorporation determines that you are abusing the Service.
28.2 Centigrade Incorporation, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service. .
29. LAW FORUM