By using the RememBear applications, service and website (collectively, the "Services") you agree and acknowledge that you have read, accept and are bound by this Agreement.
This Agreement applies to everyone who uses our Services and you cannot use our Services unless you accept this Agreement.
We maintain the right to change the terms of this Agreement at any time. If changes are made, we will post a link to the updated Agreement on RememBear.com. You are responsible for reviewing and becoming familiar with any changes. Using our Services following notification of a change to this Agreement will confirm that you've accepted the updated Agreement.
When you use our Services, you will likely store important things in RememBear. These items may include passwords, credit card numbers, notes and more (collectively, we call the items you store in RememBear "Your RememBear"). The contents of Your RememBear is yours. You own the contents of Your RememBear, not us. We have designed RememBear in such a way that we can't access the contents of Your RememBear. This Agreement doesn't give us any rights to the contents of Your RememBear.
As part of our Services, we offer the ability to sync Your RememBear and make it available across the computers, tablets or mobile devices that you approve. To do this, we need, and you agree that we have, your permission to store an encrypted version of Your RememBear on our servers. When Your RememBear is transferred or stored on our network, it will always be encrypted so that you are the only one who can access it.
Your RememBear is secured by a master password ("Master Password") that you select. Entering your Master Password is the only way for you or anyone else to access Your RememBear. You can change this password at any time. You are responsible for keeping your Master Password a secret by storing your Master Password in a secure location.
As part of our Services, TunnelBear will never be able to read or use your Master Password. We designed our Services this way to ensure that you are the only one who is able to access Your RememBear. However, this also means that we're unable to restore or change your Master Password if you forget it. If you forget your Master Password and wish to continue using our Services, we can reset your account, but in doing so the backup of Your RememBear on our servers will also be deleted.
So long as you agree to and comply with the terms of this Agreement, TunnelBear gives you a limited, nonexclusive, nontransferable, revocable right and license to (a) access and use the Services, and (b) download, install and use the client software (the "Software") solely to access the Services; subject to the terms of this Agreement. TunnelBear and/or third parties own all right, title and interest in and to the Services and Software, including all intellectual property rights. All rights not granted to you are reserved for TunnelBear and its licensors.
To the extent that any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of the terms of this Agreement.
You are responsible for ensuring that your use of the Services is in compliance with all applicable laws and regulations. You agree not to sublicense, lease, rent, loan, transfer or distribute any portion of the Services. You agree not to modify, adapt, translate or create derivative works from the Services. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
These Services are protected by trademark, copyright and other Canadian and foreign laws. Please respect our Bears and our rights. To that end, you agree not to remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in the Services, Software or on the RememBear website.
TunnelBear is providing the Services on an "as is, as available" basis, without representation or warranty of any kind to the fullest extent permitted by law. TunnelBear does not guarantee the continuous availability of the Services or of any specific feature(s) of the Services.
TunnelBear may modify the Services or any feature of the Services, impose usage or service limits, suspend Services or any feature of the Services permanently or temporarily, or block certain kinds of usage, at our sole discretion. We will inform you of any significant changes to the Services we may make. We may notify you of such changes by sending you an e-mail or by posting relevant information on the RememBear website.
You are free to stop using the Services at any time. You also agree that we can suspend or end your access to the Services at any time. For example, we may suspend or end your access to the Services if we find you to not be complying with the terms of this Agreement. In any case where we suspend or end your access, we will try to contact you by email to notify you of the details.
If you'd like to have the contents of Your RememBear deleted from our servers, please contact the RememBear support team who can help you delete Your RememBear.
To the maximum extent permitted by law, TunnelBear makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. TunnelBear does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Services will meet your requirements or expectations, (c) errors or defects will be corrected, or (d) the Services are or will be free of viruses or other harmful components. The Services are provided by TunnelBear on and "as is" "as available" basis without warranties or conditions of any kind, either express or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, all of which are hereby disclaimed to the maximum extent permitted by law. You expressly agree that use of the Services is at your sole risk. Some jurisdictions do not allow the type of exclusions listed above, so some of these exclusions may not apply to you.
To the fullest extent permitted by law, in no event shall TunnelBear be liable under contract, tort (including negligence), strict liability, or any other legal theory with respect to any claims arising out of or related to the Services or this Agreement for (a) any lost profits, revenue, data, business or goodwill, or (b) any special, indirect, incidental, punitive, exemplary, aggravated or consequential damages of any kind whatsoever; whether or not TunnelBear has been warned of the possibility of such damages. To the fullest extent permitted by law, in no event shall the total liability of TunnelBear, for all damages, losses and causes of action whether in contract, tort (including negligence), or otherwise, exceed the aggregate dollar amount paid by you to TunnelBear in the twelve months prior to the event that gave rise to the claimed loss, damages or cause of action. Some jurisdictions do not allow the type of exclusions or limitations listed above, so some of these exclusions or limitations may not apply to you.
You hereby agree to indemnify and hold harmless TunnelBear, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, special and indirect damages), and reasonable legal fees, resulting from or arising out of (i) a breach by you of this Agreement, (ii) the use of the Services by you or any person using your account, or (iii) any violation by you of any law or regulation or any rights of a third party. This indemnity obligation will survive the termination or expiration of your account and this Agreement.
This Agreement and the use of the Services will be governed by the laws of the Province of Ontario, Canada (excluding its conflicts of laws principles). You agree to resolve any claim you have with us arising out of or relating to this Agreement or the Services exclusively in the federal or provincial courts located in the Province of Ontario, Canada, and you consent to venue and personal jurisdiction there.
This Agreement constitutes the entire and exclusive agreement between you and TunnelBear with respect to the Services, and supersedes and replaces any other agreements, terms and conditions applicable to the Services. This Agreement creates no third party beneficiary rights. TunnelBear's failure to enforce a provision of this Agreement is not a waiver of its right to do so later. If a provision of this Agreement is found unenforceable, the remaining provisions of the Agreement will remain in full effect. You may not assign this Agreement or any of your rights under this Agreement, and any attempt to do so is void. TunnelBear may assign this Agreement and its rights and obligations hereunder to any of its affiliates or to any successor in interest of any business associated with the Services.