Terms of Service
Updated March 15, 2020
1. Acceptance of Terms
BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SITE.
2. Site Uses and Conduct
This Site is intended for your personal, non-commercial use. Your use of the Site is subject to all applicable laws and regulations. You will not collect or store personal information or data associated with other users of the Site. You will not publish, post, upload, email or otherwise transmit any advertising or promotional materials, including junk or bulk email (“spam”), chain letters or any other form of unauthorized communication. You will use and access this Site for lawful purposes only. You will not access or use this Site for any purpose that is unlawful, threatening, harassing, abusive, defamatory, deceptive, tortious, fraudulent, invasive of another’s privacy, hateful, obscene or abusive. If you submit content to the Site, you will not submit any content that is illegal, expressly or implicitly profane, derogatory or otherwise injurious to Betterworth or its Affiliates. You will not use or access the Site to victimize an individual or group of individuals. You will not access or use the Site to infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. You will not access or use this Site in a way that could damage, disrupt, or limit the functionality of this Site or otherwise interfere with or cause damage to Betterworth or the Site, including but not limited to uploading computer codes, files or programs that may interfere with the Site, the Site’s functionality, or any hardware, software or telecommunications equipment. You will not access or use the Site to attempt to or to actually obtain unauthorized access to the Site, computer systems and networks associated with the Site, or data or other information of any third party by any means. You will not access or use the Site to breach the security of, compromise or otherwise gain access to secured, protected or inaccessible areas of this Site. You will not impersonate any other person or entity, including our employees or representatives. You are solely responsible for your use and access to the Site.
3. Intellectual Property
Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
The Rights Holder’s contact information so that we can contact them (including, for example, the Rights Holder’s address, telephone number, and email address); and
A statement that the Rights Holder has a good faith belief that the use of the alleged infringing material is not authorized by the copyright owner, its agent, or the law.
4. Privacy and Security
5. Warranty Disclaimer and Limitation of Liability
YOU UNDERSTAND AND ACKNOWLEDGE THAT WE CANNOT PROMISE OR GUARANTEE SPECIFIC RESULTS FOR USING THE SITE OR ANY OFFERINGS AVAILABLE ON THE SITE. THE CONTENT AND OFFERINGS ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. BETTERWORTH DOES NOT WARRANT, EXPRESSLY OR IMPLIEDLY, THE SITE OR OFFERINGS MADE AVAILABLE ON THE SITE FOR ANY PARTICULAR PURPOSE. BETTERWORTH EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE OR ITS CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. BETTERWORTH CANNOT AND DOES NOT GUARANTEE THE VALIDITY, ACCURACY, TIMELINESS, COMPLETENESS OR RESULTS OF THE SITE OR ITS CONTENT OR OFFERINGS. BETTERWORTH OR ITS AFFILIATES IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT MAY RESULT FROM A THIRD-PARTY’S INTERCEPTION OF THE CONTENT OR OFFERINGS MADE AVAILABLE TO YOU ON THE SITE. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. BETTERWORTH MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE AT ANY TIME WITHOUT NOTICE.
THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY SITE CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. BETTERWORTH AND ITS AFFILIATES WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY OF ANY KIND WHATSOEVER FOR ANY DAMAGE OR LOSS IN THE EVENT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: ANY FAILURE OR INTERRUPTION OF THIS SITE; ANY ERROR, ACT OR OMISSION IN THE TECHNICAL CONTENT AND OPERATION OF THE SITE; ANY ERROR IN THE SITE CONTENT; ANY OFFERINGS OR SERVICE MADE AVAILABLE IN THE SITE; ANY CONDUCT OF SITE USERS; ANY ACTION TAKEN WITH RESPECT TO RIGHTS HOLDERS; OR ANY OTHER CAUSE RELATED TO YOUR ACCESS OR THE INABILITY TO ACCESS THE SITE OR ITS CONTENT IRRESPECTIVE OF WHETHER THE CIRCUMSTANCES GIVING RISE TO ANY OF THE FOREGOING MAY HAVE BEEN WITHIN THE CONTROL OF BETTERWORTH OR ITS AFFILIATES THAT PROVIDE SERVICES OR SOFTWARE. IN NO EVENT WILL BETTERWORTH OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM
THIS SITE. THIS LIMITATION OF LIABILITY INCLUDES BUT IS NOT LIMITED TO ANY ELECTRONIC EQUIPMENT FAILURE, ELECTRONIC VIRUS TRANSMISSION, CONNECTIVITY ISSUES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE INCLUDING BUT NOT LIMITED TO: LABOR DISTURBANCE, WAR, FIRE, ACCIDENT, ADVERSE WEATHER, INABILITY TO SECURE TRANSPORTATION, GOVERNMENTAL ACT OR REGULATION, AND OTHER CAUSES OR EVENTS BEYOND OUR REASONABLE CONTROL.
BETTERWORTH NEITHER ENDORSES NOR ASSUMES ANY LIABILITY FOR ANY MATERIAL (INCLUDING BUT NOT LIMITED TO FACTS, STATEMENTS, AND OPINIONS) UPLOADED OR SUBMITTED BY ANY THIRD-PARTY ON ANY PART OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE UPON SUCH MATERIAL IS AT YOUR SOLE RISK. IN NO EVENT WILL BETTERWORTH OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD- PARTY FOR ANY INJURY OR LOSS. We and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES HARMLESS FROM AND AGAINST ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, THAT MAY ARISE FROM OR RELATE TO ANY ALLEGED OR ACTUAL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR USE OR MISUSE OF THIS SITE; (B) YOUR BREACH OF THIS AGREEMENT; (C) YOUR VIOLATION OF ANY LAW OR REGULATION; (D) A THIRD-PARTY’S CLAIM THAT IS BASED ON YOUR USE OR MISUSE OF THE SITE; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER SITE USER; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
6. Termination of Use
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
7. Miscellaneous Provisions
International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside Canada. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside Canada, you are responsible for compliance with local laws in your jurisdiction. Any offering made in connection with this Site is void where prohibited.
Governing Law. This Site (excluding any Third Party websites) is controlled by us from our offices in Waterloo, Canada and the statutes and laws of Canada shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of the Ontario or Supreme Court of Canada with respect to such matters controlled by that court.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence. If you have any questions regarding these Terms, the Site, the Site content or offerings, please contact us at: firstname.lastname@example.org