Terms of Service
Website Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE.
These terms of service and all documents referenced in it, including the Privacy Notice (as defined in Section 5) (collectively, “Terms of Service”), represent a legally binding agreement between you (“You” or “Your”) and Blindside Networks Inc. (“Blindside”) with respect to Your access to and use of https://blindsidenetworks.com/, including its subdomains, components, the Content (as defined in Section 6), and all enhancements, updates, versions and modifications thereto (collectively, the “Website”).
By accessing or otherwise using the Website, You acknowledge that You have read these Terms of Service and that You understand and agree to be legally bound by them. If You do not accept and agree to be legally bound by and comply with these Terms of Service, You are not permitted to access or otherwise use the Website.
Blindside may, in its sole discretion and for any reason, modify, supplement or amend these Terms of Service from time to time, without any notice or liability to You or any other person, by posting revised Terms of Service on the Website. Your continued access to and/or use of the Website after any such change signifies Your acceptance of, and agreement to be bound by, the revised Terms of Service.
1. Website Use
You may not use the Website if You live in a jurisdiction where access to or use of the Website may be illegal or prohibited. It is solely Your responsibility to determine whether Your use of the Website is lawful, and You must comply with all applicable laws.
You are prohibited from using the Website in any manner that interferes with another user’s use or enjoyment of the Website and/or is designed to compromise the security or integrity of the Website, such as hacking, corrupting or destroying Content (as defined in Section 6), or the intentional introduction of viruses. You agree that You will not use the Website for any purpose that is unlawful.
In its sole discretion, in addition to any other rights or remedies available to Blindside and without any liability whatsoever, Blindside may at any time and without notice terminate or restrict Your access to any component of the Website.
The transmission of data or information over the Internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. Blindside cannot guarantee security of any communication to or from the Website. Blindside does not assume any liability for any damage You may experience or costs You may incur as a result of any electronic transmissions over the Internet, other forms of networks, or otherwise while using the Website. You should take reasonable and appropriate precautions to ensure compatibility of any website You visit with Your specific computer, mobile or other device. Blindside does not assume any responsibility or risk for Your use of the Internet.
2. Account Set-Up
In order to access or utilize certain aspects of the Website, You may be required to establish and maintain an account (“Account”). In order to create an Account, You will be required to provide certain personal data, all of which is subject to the Privacy Notice (as defined in Section 5). You must provide accurate and complete information when creating Your Account. Blindside reserves the right to suspend or terminate Your Account if You, intentionally or otherwise, provide inaccurate or incomplete information or fail to comply with the account creation requirements. By using the Website, You represent and warrant that You have reached the age of majority in the jurisdiction in which You reside, otherwise You may not register for or use an Account.
Your Account may be accessed only by use of Your login name and password. You will choose Your own username and password upon registration for the Website. You are solely responsible and liable for any use and/or misuse of Your login name and password and for all activities that occur under them. For security reasons, You must keep Your login name and password confidential, and not disclose them to any person or permit any other person to use them, except an authorized representative of Blindside. Blindside recommends that You choose a password that is unique to You and not easily guessed by others. You should change Your password on a regular basis, and You should log out at the end of each session. Blindside reserves the right to require You to change Your username and/or password, from time to time, as applicable.
All Accounts, login names and passwords remain the property of Blindside, and may be cancelled or suspended at any time by Blindside without any notice or liability to You or any other person. Blindside is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify Blindside of any unauthorized use of Your login name or password, or if You know or suspect that Your login name or password has been lost, stolen, has become known to any other person, or has been otherwise compromised.
Your Account may be accessed only by use of Your login name and password. You will choose Your own username and password upon registration for the Website. You are solely responsible and liable for any use and/or misuse of Your login name and password and for all activities that occur under them. For security reasons, You must keep Your login name and password confidential, and not disclose them to any person or permit any other person to use them, except an authorized representative of Blindside. Blindside recommends that You choose a password that is unique to You and not easily guessed by others. You should change Your password on a regular basis, and You should log out at the end of each session. Blindside reserves the right to require You to change Your username and/or password, from time to time, as applicable.
All Accounts, login names and passwords remain the property of Blindside, and may be cancelled or suspended at any time by Blindside without any notice or liability to You or any other person. Blindside is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify Blindside of any unauthorized use of Your login name or password, or if You know or suspect that Your login name or password has been lost, stolen, has become known to any other person, or has been otherwise compromised.
3. Accuracy of Information
Blindside relies on the information You provide through the Website, including Your Account information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that You, Blindside or any other person may incur as a result of Your submission of any false, incorrect or incomplete information or Your failure to keep Your Account information up to date.
4. Technical Requirements
Your use of the Website may require the device You use to access the Website (“Device”) to be connected to the Internet. You are solely responsible for the cost and maintenance of any such Internet connection, including any data usage, roaming or other charges that You incur. Further, You acknowledge that, from time to time, You may be unable to access or use the Website.
Your access or use of the Website may be subject to certain minimum technical requirements. It is Your responsibility: (a) to ensure that You have access to the hardware and/or software platforms required to access and use the Website; and (b) for updating and maintaining Your Devices or Internet connection. Blindside reserves the right to change or cease support of any hardware or software platforms at any time.
5. Privacy Notice
You acknowledge that You have read and understood Blindside’s privacy notice, available at https://blindsidenetworks.com/privacy/, as updated from time to time (the “Privacy Notice”), the terms of which are incorporated into these Terms of Service.
You understand that Blindside may monitor and track Your usage of the Website, including after the termination of Your Account. You acknowledge that, subject to the Privacy Notice, Blindside may disclose information relating to Your use of, or access to, Your Account and the Website that is necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction.
6. Intellectual Property
The Website consists of various graphics, texts, icons, buttons, videos, software, audio and other files, images and other materials that have been provided by Blindside and/or its various subsidiaries, affiliates and third party providers (collectively, “Third Parties”). Blindside and the applicable Third Parties own all right, title, and interest in and to any and all content provided by such parties for the Website, including all such information in text, graphical, video, audio and other formats, images, icons, designs, trademarks, brand names and software (collectively, the “Content”). You acknowledge that the Website, including, for clarity, the Content, is protected to the fullest extent permitted by applicable law, including copyright, trademark, patent and all other applicable intellectual property laws. Your use of the Website does not grant or transfer to You any ownership or other rights in the Website and, except as expressly provided herein, nothing herein or within the Website shall be construed as conferring on You or any other person any license under any of Blindside’s or any Third Party’s intellectual property or other rights. Any rights not expressly granted to You in these Terms of Service are expressly reserved by Blindside and/or the applicable Third Party. None of the Content may be reproduced, adapted, stored, altered, republished, distributed, displayed, sold, transferred or modified without the express written permission of Blindside or the applicable Third Parties.
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Website may constitute trade names, registered or unregistered trademarks or service marks of Blindside (“Blindside Marks”). All trademarks not owned by Blindside are the property of their respective owners (“Third Party Marks”, together with the Blindside Marks, the “Trademarks”), and, where used by Blindside are used under license or with permission. All Trademarks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trademarks, except as expressly provided for herein, without the express written consent of the applicable owner, is strictly prohibited. Nothing contained herein or on the Website may be construed as granting, by implication or otherwise, any license to use any of the Trademarks. You agree that You will not take any actions inconsistent with Blindside’s or any third party’s ownership of the applicable Trademarks.
7. Right to Use
Upon Your acceptance of these Terms of Service, You are granted a limited, non-sublicensable, non-assignable, non-exclusive, non-transferrable and revocable right and licence to view, use and access the Website for personal use (“Licence”) on any Device that You own or control and as permitted by and subject to any applicable third party usage rules (“Usage Rules”). This Licence does not include any rights not specifically enumerated herein. You agree that You shall not take or permit any action with respect to the Website that is not expressly authorized under this Licence. Your Licence to the Website is automatically revoked upon termination of these Terms of Service.
Without limiting the generality of any other aspect of these Terms of Service, You agree that You shall not:
(a) use, copy (except as expressly permitted by these Terms of Service and the Usage Rules), modify, download, reproduce, republish, post, transmit or transfer the Website, in whole or in part;
(b) (i) reverse engineer, disassemble, decompile, or translate the Website; (ii) attempt to derive the source code of the Website; (iii) create any derivative work from the Website; (iv) use the Website to create a competing product; and/or (v) authorize or assist any third party to do any of the foregoing;
(c) circumvent any technical measures Blindside uses to provide the Website, including violating the security of any computer network, cracking any passwords or security encryption codes, or using any robot, spider, scraper or any other means, manual or automated, to access the Website for any purpose;
(d) rent, lease, loan, share, resell, distribute or otherwise engage in any commercial use of the Website;
(e) remove or alter any proprietary notice or legend regarding Blindside’s or any Third Party’s proprietary rights in the Website;
(f) provide, post, list or upload content that infringes or violates the intellectual property rights or any other rights of anyone else, including Blindside;
(g) use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content; and/or
(h) contribute, post or transmit to, by or through the Website any infringing, unlawful, fraudulent, threatening, libelous, defamatory, offensive, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, or any content consisting of or containing software viruses, malicious exploits or other malicious code, political campaigning or opinion, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
Unauthorized use of the Website may violate applicable copyright, trademark or other intellectual property laws or other applicable laws, rules or regulations.
8. Liability Disclaimer – READ THE FOLLOWING CAREFULLY
While Blindside will take reasonable steps to ensure that the Website will be fit for the purposes, as advertised, except as explicitly provided in these Terms of Service and to the fullest extent permitted by applicable law, Blindside and the Third Parties make no representations or warranties of any kind, express or implied, regarding the Website, which is provided on an “as is” and “as available” basis. Blindside and the Third Parties expressly disclaim all representations, warranties, guarantees, covenants and conditions with respect to the Website, including all implied warranties or implied conditions of merchantability, fitness for a particular purpose, title, accuracy, completeness and non-infringement. Without limiting the generality of the foregoing, Blindside and the Third Parties make no representation or warranty that: (a) the Website will be compatible with Your Device and/or software; (b) the Website will be accurate, reliable, complete, current, timely, useful or suitable for any particular purpose; (c) the operation of or access to the Website will be uninterrupted, timely, secure or error-free; (d) defects or errors in the Website will be corrected; (e) the Website will be free from infections, viruses, Trojan horses, malware, worms or other harmful components or code; (f) communications to or from the Website will be secure and/or not intercepted; and (g) the use of the Website will meet any user requirements.
You acknowledge and agree that (i) that Your use of the Website is at Your sole discretion and risk, and (ii) You are solely responsible for any damage You may sustain, whether relating to (A) Your computer system, or any loss of data that results from the download of any Content, (B) Your reliance on any information or data obtained as a result of Your use of or access to the Website, or (C) any other form of damage that may be incurred. In no event will Blindside or the Third Parties be liable for the conduct of users of the Website.
9. Maximum Liability
In no event will Blindside or any of the Third Parties be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages, damages for loss of use, data, information or profits, or business interruption, or any other damages whatsoever arising out of or in any way related to the use or performance of the Website, any linked website, or otherwise arising out of Your use or inability to use the Website or any decision made or action taken by You in reliance on any of the Content, and/or any errors or omissions in such Content, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Blindside has been advised of the possibility of such damages. You acknowledge and agree that You are using the Website at Your own risk and liability.
If Blindside or any of the Third Parties should be found liable for any loss or damage, which arises out of or is in any way connected with any of the functions or uses of the Website, the liability of Blindside and the Third Parties will in no event exceed $20.00 CAD.
10. Indemnification
You agree to indemnify, defend (at Blindside’s option) and hold harmless Blindside, the Third Parties and their respective directors, officers, employees, agents, contractors and other representatives from and against all liabilities, losses, claims, damages, penalties, actions, suits, demands, levies, costs and expenses (including reasonable legal and adviser fees) of whatever kind or nature (collectively, “Claims”), arising from or related to: (a) Your use of and reliance on the Website; (b) Your violation of these Terms of Service; and (c) Your violation of any rights, including any intellectual property rights, of another person or entity in connection with Your use of and/or access to the Website.
You agree that Blindside may assume the defense and control of any Claim for which You are required to indemnify Blindside and You agree to cooperate, at Your own cost, with Blindside’s defense of such Claim. You agree not to settle any Claim without the prior written consent of Blindside.
You agree that Blindside may assume the defense and control of any Claim for which You are required to indemnify Blindside and You agree to cooperate, at Your own cost, with Blindside’s defense of such Claim. You agree not to settle any Claim without the prior written consent of Blindside.
11. Feedback
Blindside welcomes Your feedback and comments regarding the Website. By submitting or providing Blindside with comments, messages, suggestions, ideas, concepts, feedback or other information about the Worksite, Blindside and/or its operations (collectively, “Submissions”), You: (a) represent and warrant that none of the Submissions are confidential or proprietary to You or to any other party; (b) represent and warrant that none of the Submissions breach any agreement to which You are a party; and (c) grant Blindside an exclusive fully paid-up, royalty-free, perpetual, irrevocable, unrestricted, transferable, sub-licensable, worldwide right and license to do with the Submissions anything that You could do, including use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and commercialize the Submissions in any way and for any purpose whatsoever. You also waive in favour of Blindside and its successors and assigns any and all of Your moral rights in and to all Submissions. Furthermore, You agree that Blindside is not responsible for the confidentiality of any Submissions.
12. Links
The Website may, from time to time, contain links to websites not maintained by, related to or affiliated with Blindside. These links are provided solely for Your convenience and the inclusion of any link does not constitute or imply Blindside’s endorsement, approval, affiliation, sponsorship, investigation or verification of the linked website or information contained in the linked website, or of their security or privacy practices. It is Your responsibility to review and comply with the terms and conditions of any linked websites and to take the necessary precautions to protect Yourself from malicious, disruptive or otherwise harmful software or data, including using anti-virus software. Linking to any other website is at Your sole risk and Blindside will not be responsible or liable for any damages in connection with such linking.
Blindside is not responsible for the content of any third party website, nor does it make any representation or warranty of any kind regarding any other websites or the contents on those websites including any representation or warranty: (a) regarding the legality, accuracy, reliability, completeness, timeliness, security, suitability of any content on any third party website; (b) regarding the merchantability and fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third party websites; and/or (c) that the operation of the third party website will be uninterrupted or error free, that defects or errors in such third party websites will be corrected, or that such third party websites will be free from viruses or other harmful components.
13. Termination
If You breach any provision of these Terms of Service, then You may no longer use the Website. Blindside may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any of its features or Your use of the Website at any time, for any reason, without any notice or liability to You or any other person. If these Terms of Service or Your permission to use the Website is terminated by Blindside for any reason, the agreement formed by Your acceptance of these Terms of Service will nevertheless continue to apply and be binding upon You in respect of Your prior use of the Website and anything relating to or arising from such use. If You are dissatisfied with the Website, then Your sole and exclusive remedy is to discontinue using the Website. You are prohibited from establishing a new account if Your Account is deactivated, suspended or otherwise terminated by Blindside for any reason.
14. Survival
Any obligations that by their nature survive the expiry or termination of these Terms of Service shall continue thereafter in full force, and shall bind the parties and their respective successors and permitted assigns.
15. Entire Agreement
These Terms of Service, together with any rules, policies, notices, agreements or guidelines posted on the Website by Blindside or incorporated or referred to herein, including the Privacy Notice, constitute the entire agreement between You and Blindside with respect to the subject matter hereof, and supersede all other or prior communications, representations or agreements, whether electronic, oral or written, regarding the subject matter of these Terms of Service, and may not be amended or modified except by Blindside as set out above.
16. Governing Law; Jurisdiction
These Terms of Service and Your use of the Website shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to any conflicts of law principles. You expressly attorn to the exclusive jurisdiction of the courts located in the Province of Ontario with respect to any dispute arising under these Terms of Service, unless otherwise agreed by Blindside in its sole discretion.
17. Interpretation
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service. Every use of the words “including” or “includes” in these Terms of Service is to be construed as meaning “including, without limitation” or “includes, without limitation”, respectively.
If any term or provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.
These Terms of Service are binding upon You, Your heirs, executors, beneficiaries, successors and assigns and You may not assign these Terms of Service to any other party without Blindside’s prior written consent, which consent may be withheld in Blindside’s sole and absolute discretion. You are responsible for all charges and necessary permissions related to accessing the Website through Your Internet service or mobile access provider.
Blindside will not be considered to have waived any of its rights or remedies described in these Terms of Service unless the waiver is in writing and signed by Blindside. No delay or omission by Blindside in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. The failure of Blindside to enforce the strict performance of any provision of these Terms of Service will not constitute a waiver of the right of Blindside to subsequently enforce such provision or any other provisions of these Terms of Service.
18. Contacting Blindside
If You have any questions about these Terms of Service or the Website, please contact Blindside at:
Blindside Networks Inc.
116 Albert St, Suite 901
Ottawa, Ontario, Canada, K1P 5G3
Email: privacy@blindsidenetworks.com