1.	Scope
1.1	1.1 These TOS shall apply to all AmikaMobile.net services and any other services which may be offered to You from time to time by Amika Mobile Corporation ("Amika Mobile") for use with Your AmikaMobile.net service (hereinafter together or individually referred to as the "Services"). All use of the Services shall be governed by the terms and conditions of this TOS, including but not limited to limitation of liability, warranty disclaimer, governing law and venue and other important terms. Amika Mobile may amend these terms and conditions without notice to You. The most current version of the TOS shall be posted at http://www.amikamobile.net/afc1/corporate/terms.jsp. You should periodically check this location to determine if these terms and conditions have been amended. BY CLICKING THE "I ACCEPT" BUTTON YOU ARE STATING THAT YOU CERTIFY TO AMIKA MOBILE ON BEHALF OF YOURSELF AND/OR YOUR COMPANY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TOS.
2.	Subscriber Sign-up Obligations
2.1	To become a subscriber to the Services, You must first complete the sign up process by providing current, complete and accurate information where prompted. You must choose a User ID and password. You are solely responsible for maintaining the confidentiality of Your User ID, Your password, access codes and the like in Your possession or under Your control that are used to access the Services. You are entirely responsible for all activities occurring as a result of the use of Your User ID and password including all damages or losses caused or arising by the use of Your User ID and password. Unless otherwise notified in writing by You, Amika Mobile shall be entitled to assume that communication from Your account (including configuration information) originated from You or persons authorized by You to access the Services.
2.2	You agree to notify Amika Mobile immediately of any unauthorized use of Your User ID or any other breach of security as soon as You become aware of such unauthorized use or breach.
2.3	You agree that Amika Mobile may access Your account as stated in Section 3 or to respond to service or technical issues.
2.4	You represent that You are at least 18 years of age and have achieved the age of majority in the province, state or country in which You reside or if You are minor You have parental permission to maintain a User ID and password.
2.5	You agree that You will not use the Service in any way that is unlawful, or harms Amika Mobile, as determined in Amika Mobile?s sole discretion. Amika Mobile may tell You about certain specific harmful uses in a code of conduct or other notices available through the Services, but has no obligation to do so. You may not use the Services in any way that breaches any code of conduct or other notice applicable to the Services.
2.6	Without limiting the generality of Section 2.5, You will not use the Services to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
3.	Subscriber Privacy
3.1	It is the policy of Amika Mobile to respect the privacy of its subscribers. None of Your personal identification information will be intentionally disclosed without Your prior permission unless Amika Mobile reasonably believes that such action is necessary to a) conform to legal requirements or comply with legal process; b) protect and defend the rights and/or property of Amika Mobile; or c) enforce these TOS. For further information please read the Privacy Statement of Amika Mobile located at http://www.amikamobile.net/afc1/corporate/privacy_statement.jsp.
4.	Fees
4.1	There are no fees payable for the Services, however Your service provider may charge You for text messages that You send or receive while using the Services. Refer to Your wireless service plan for more information.
5.	User Suggestions
5.1	You agree that if You provide feedback to Amika Mobile on the Services, Amika Mobile is free to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate any suggestions or submissions that You may make for improvements or changes to the Services without any obligation to You. Amika Mobile may sublicense these rights. You also agree that Amika Mobile shall have no obligation to pay You or to use any or all of the suggestions You may provide. For any submission that You make You represent that You have all rights necessary for You to make the grants in this Section.
6	Intellectual Property
6.1	You acknowledge and agree that Amika Mobile or its licensors are the exclusive owners of all right, title and interest in and to the Services, products or documentation supplied under these TOS, including without limitation, all copyrights, patents, trade secrets, trademarks and any other intellectual or industrial property rights in or related to the Services, products and documentation. You shall not copy, make extracts from, create derivative works, translate or otherwise modify any of the Services, products, or documentation provided by Amika Mobile, You recognize and acknowledge the great value of the goodwill associated with the name, service marks, logos and trademarks of Amika Mobile and the identification of the Services therewith. You shall do nothing to prejudice the value or validity of the rights of Amika Mobile therein or ownership thereof, and including without limitation, You shall not obscure, effect or permit the removal or alteration of any patent numbers, trade names or marks, copyright markings or other proprietary rights markings, warning labels, serial numbers, or the like affixed to the products or documentation or associated with the Services.
6.2	The provision of Services by Amika Mobile does not convey any license by implication, estoppel, or otherwise, under any patent, copyright, trade secret, trademark or any other intellectual property right whatsoever.
7	Warranties and Exclusions of Warranties
7.1	The services are provided "AS IS" and "AS AVAILABLE" and there are no warranties, representations, conditions or covenants, express or implied, written or oral, arising by statute, operation of law, usage of trade or otherwise regarding the Services or any product, documentation or other service provided hereunder or in connection herewith. Amika Mobile expressly disclaims all implied warranties or conditions of merchantable quality, merchantability, satisfactory quality, accuracy, title, durability, fitness for a particular purpose or non-infringement or for any warranties arising from statute or usage of trade. Amika Mobile does not warrant that the Service will operate without interruption. Amika Mobile shall have no liability for any failure of the Service to operate as intended or for any incorrect or incomplete information provided through the use of the Service.
7.2	You acknowledge that the Service may contain bugs, errors and other problems that could cause system failures or that the Service may not perform all functions for which it is intended or represented and the use of the Services is entirely at Your risk. This disclaimer is in addition to the other exclusions of warranties in this Section 7.
8	Limitation of Liability
8.1	The total, aggregate liability of Amika Mobile for all claims, costs, losses or damages howsoever caused or arising under these TOS or in respect of the Services or any malfunction of the Services however caused or arising including negligence by Amika Mobile, breach of contract (including fundamental breach), misrepresentation or strict liability, shall in no circumstances exceed five dollars ($5.00). In no event shall Amika Mobile be liable for any punitive, indirect, incidental, special or consequential damages suffered by You or any third party or for Your failure to realize expected savings, loss of revenues, loss of profits, loss of data, unauthorized access to Your data, loss of privacy or confidentiality of Your data, or any commercial or economic loss, even if Amika Mobile has been advised of the possibility of such damages or such damages were reasonably foreseeable.
9.	Term and Termination
9.1	These TOS shall come into effect on the date these TOS are accepted by You and shall continue unless otherwise terminated in accordance with this Section 8.
9.2	Amika Mobile may terminate these TOS (i) on the fifth (5th) day after notice to You of a material breach of these TOS by You, unless such breach is cured before that day; or (ii) immediately and without notice, if You use the Services for illegal, immoral or unlawful purposes or for purposes which, in the sole opinion of Amika Mobile, may affect the goodwill or reputation of Amika Mobile. Upon the occurrence of any of these events, Your access to the Services shall be terminated immediately.
9.3	Either party may terminate these TOS at any time without cause upon giving the other party one (1) days notice. Upon termination of these TOS and the Services neither party shall any liability of any kind whatsoever to the other party.
10.	Changes to the Services; Additional Liability Limitation
10.1	AMIKA MOBILE MAY CHANGE THE SERVICES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON.
10.2	All information obtained or provided through the use of the Services or as part of the Services are provided on an ?AS IS? basis and Amika Mobile shall not be held responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Services, and shall not be responsible or liable for any decisions made or actions taken including without limitation trading or investment decisions made based on such information.
10.3	WITHOUT LIMITING THE GENERALITY OF SECTIONS 7 AND 8, YOU ACKNOWLEDGE AND AGREE THAT AMIKA MOBILE IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY?S UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR SERVICES ACCOUNT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 7 AND 8, YOU ACKNOWLEDGE AND AGREE THAT AMIKA MOBILE IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SERVICES AND OTHER SERVICES, SOFTWARE AND HARDWARE, OR (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICES IN AN ACCURATE OR TIMELY MANNER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 7, 8 AND 10 OF THESE TOS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
10.4	You acknowledge that it is possible that the portion of Your email message selected by the Services may be incomplete and may result in the wrong interpretation of the message. You agree that You will check Your email before taking any action based on the text message sent to Your mobile device by the Services. You also acknowledge and agree that it is possible that the original email may be inadvertently deleted by the Services or that other malfunctions of the Services may occur which may cause You harm.
11.	Miscellaneous
11.1	Entire Agreement. These TOS constitutes the entire agreement between the parties concerning the subject matter hereof and the provision of Services by Amika Mobile and supercede all prior statements, representations, discussions, negotiations and agreements, both oral and written. Neither party's rights to enforce provisions of these TOS shall be affected by any prior course of dealing, waiver, delay, omission or forbearance. In the event that any one or more of the provisions of these TOS shall be found to be illegal or unenforceable, these TOS shall nevertheless remain in full force and effect, and such term or provision shall be deemed severed. These TOS and the rights granted hereunder shall not be assigned, encumbered by security interest or otherwise transferred by You without the prior written consent of Amika Mobile. The parties agree to do all such things and to execute such further documents as may be reasonably required to give full effect to these TOS.
11.2	Notices. Unless otherwise agreed to in writing by Amika Mobile, all notices and other communications from Amika Mobile to You shall be sent to the email address You configured.
11.3	Governing Law and Venue. These TOS shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, excluding that body of law applicable to choice of law and the United Nations Convention on Contracts for the International Sales of Goods and all legislation implementing such convention. You hereby consent and attorn to the jurisdiction of such province. Each party waives any right, and agrees not to have any dispute under this agreement tried or otherwise determined by a jury, except where required by law.
11.4	Survival. The provisions of Sections 2.5, 2.6, 3 to 8 inclusive, Section 9.3 and Sections 10 and 11 shall survive the termination of these TOS until expressly waived in writing by the party for whom they are of benefit or terminated by a further written agreement of the parties.
11.5	Subcontracting. You acknowledge that Amika Mobile may subcontract or assign all or part of its rights and obligations under these TOS.
11.6	English Language. The original of these TOS has been written in English and You waive any right it may have under the laws of Your territory to have these TOS written in any other language. You represent that You have the ability to read and write in English and have read and understood these TOS. If these TOS are translated into a language other than English, the English version and interpretation shall govern and prevail. All communications between the parties hereunder shall be in English.