As a user of the
Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile,
directly or indirectly, a collection, compilation, database, or directory without written
permission from us.
- Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
- Circumvent, disable, or otherwise interfere with
security-related features of the Services, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Services and/or the Content
contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Services.
- Use any information obtained from the Services in order to
harass, abuse, or harm another person.
- Make improper use of our support services or submit false
reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable
laws or regulations.
- Engage in unauthorized
framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or maintenance of the
Services.
- Engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any
Content.
- Attempt to impersonate another user or person or use the
username of another user.
- Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats ("gifs"), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or
"pcms").
- Interfere with, disrupt, or create an undue burden on the
Services or the networks or services connected to the
Services.
- Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Services to
you.
- Attempt to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any portion of the
Services.
- Copy or adapt the Services' software, including but not limited
to Flash, PHP, HTML, JavaScript, or other
code.
- Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way making up a
part of the Services.
- Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the
Services, or use or launch any unauthorized script or other
software.
- Use a buying agent or purchasing agent to make purchases
on the Services.
- Make any unauthorized
use of the Services, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any revenue-generating endeavor or
commercial enterprise.
- Use the Services to advertise or offer to sell goods and
services.
- Sell or otherwise transfer your profile.
8. USER GENERATED
CONTRIBUTIONS
The Services does not
offer users to submit or post content. We may provide
you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute,
or broadcast content and materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions"). Contributions may be viewable by other users of
the Services and through third-party websites. When
you create or make available any Contributions, you thereby represent and warrant
that:
- The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
- You are the
creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize us,
the Services, and other users of the Services to use your Contributions in any manner
contemplated by the Services and these Legal Terms.
- You have the
written consent, release, and/or permission of each and every identifiable individual person
in your Contributions to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms.
- Your
Contributions are not false, inaccurate, or misleading.
- Your
Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your
Contributions are not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of
people.
- Your Contributions do not violate any applicable law,
regulation, or rule.
- Your Contributions do not violate the privacy
or publicity rights of any third party.
- Your
Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
- Your
Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
- Your
Contributions do not otherwise violate, or link to material that violates, any provision of these
Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the
foregoing violates these Legal Terms and may result in, among other things, termination or
suspension of your rights to use the
Services.
9. CONTRIBUTION LICENSE
You and Services agree that we may
access, store, process, and use any information and personal data that you provide and your choices (including
settings).
By
submitting suggestions or other feedback regarding the Services, you agree that we can use
and share such feedback for any purpose without compensation to you.
We do not
assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with
your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
10.
GUIDELINES FOR REVIEWS
We may provide you
areas on the Services to leave reviews or ratings. When posting a review, you must comply
with the following criteria: (1) you should have firsthand experience with the person/entity
being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hateful language; (3) your reviews should not contain discriminatory references
based on religion, race, gender, national origin, age, marital status, sexual orientation, or
disability; (4) your reviews should not contain references to illegal activity; (5) you should not
be affiliated with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or misleading
statements; and (8) you may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We may
accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions
or the views of any of our affiliates or partners. We do not assume liability for any review or
for any claims, liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable,
and sublicensable right and license to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content relating to
review.
11.
THIRD-PARTY WEBSITES AND CONTENT
The Services may
contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other content
or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the
Services, including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any
Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and
you should be aware these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any website to which
you navigate from the Services or relating to any applications you use or install from the
Services. Any purchases you make through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such purchases which
are exclusively between you and the applicable third party. You agree and acknowledge that
we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm
caused by your purchase of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you relating to or resulting in
any way from any Third-Party Content or any
contact with Third-Party
Websites.
12. SERVICES
MANAGEMENT
We reserve the right,
but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2)
take appropriate legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your Contributions or
any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage the Services in a
manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
13. PRIVACY POLICY
We care about data
privacy and security. By using the Services, you agree to be bound by our Privacy Policy
posted on the Services, which is incorporated into these Legal Terms. Please be advised the
Services are hosted in Canada. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in Canada, then through your continued use of the Services, you are
transferring your data to Canada, and you expressly consent to have your data transferred
to and processed in Canada.
14. TERM
AND TERMINATION
These Legal Terms
shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED
IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
15. MODIFICATIONS AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Services at any time or for
any reason at our sole discretion without notice. However, we have no obligation to update
any information on our Services. We will not be liable
to you or any third party for any modification, price change, suspension, or discontinuance of
the Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.
16. GOVERNING LAW
These Legal Terms
shall be governed by and defined following the laws of Canada. 299 Atlantic Ave and yourself irrevocably consent that the courts of
Canada shall have exclusive jurisdiction to
resolve any dispute which may arise in connection with these Legal Terms.
17. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other
Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any
question regarding its existence, validity, or termination, shall be referred to and finally
resolved by the International Commercial Arbitration Court under the European Arbitration
Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC,
which, as a result of referring to it, is considered as the part of this clause. The number of
arbitrators shall be one (1). The seat, or legal place, or
arbitration shall be Mississauga, Canada. The
language of the proceedings shall be English. The
governing law of these Legal Terms shall be substantive law of Canada.
Restrictions
The Parties agree
that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and (c) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other
persons.
Exceptions to
Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
18.
CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information. We reserve the
right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
19.
DISCLAIMER
THE SERVICES ARE
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES,
ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
20.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
21.
INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) use of
the Services; (2) breach of these Legal Terms;
(3) any breach of your representations and
warranties set forth in these Legal Terms; (4)
your violation of the rights of a third party, including but not limited to intellectual property
rights; or (5) any overt harmful act toward any
other user of the Services with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification
upon becoming aware of it.
22. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although
we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Services,
sending us emails, and completing online forms constitute electronic communications. You
consent to receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
24. SMS TEXT MESSAGING
Program Description
By opting into any GoHighLevel text messaging program, you expressly consent to receive
text messages (SMS) to your mobile number. GoHighLevel text messages may include: appointment reminders, marketing communications, order updates, responses to inquiries and special offers.
Opting Out
If at any time you wish to stop receiving SMS messages from us,
simply reply to the text with "STOP." You may receive an SMS message confirming
your opt out. After this, you will no longer receive SMS messages from us. If you want to join
again, please sign up as you did the first time and we will start sending SMS messages to
you again.
Message and Data
Rates
Please be aware that
message and data rates may apply to any SMS messages sent or received. The rates are
determined by your carrier and the specifics of your mobile plan. Carriers are not liable for
delayed or undelivered messages. If you have any questions about your text plan or data
plan, contact your wireless provider.
Support
If you have any questions or need assistance regarding
our SMS communications, please reply with the keyword HELP. You can also email us at
or call at (647) 852-0210.
25. CALIFORNIA USERS AND
RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
26.
MISCELLANEOUS
These Legal Terms and
any policies or operating rules posted by us on the Services or in respect to the Services
constitute the entire agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver
of such right or provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms and does not affect the validity and enforceability
of any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Legal Terms and the lack of signing by the
parties hereto to execute these Legal Terms.
27. CONTACT
US
In order to resolve a
complaint regarding the Services or to receive further information regarding use of the
Services, please contact us at:
299 Atlantic Ave
3920 Lacman Trail
Mississauga, Ontario L5M6N8
Canada
Phone: (647) 852-0210