Last Update: January 2015
Application of this policy
The Company is committed to protecting the privacy of our users, It is our policy to comply with applicable privacy laws and to use your personal information with your consent for reasonable purposes related to the Services, to provide you with the Services, to enhance your experience with all of our products and services, and to improve our offerings. We do not sell, rent or lease our customer lists to third parties. It is our policy to only disclose your personal information as required or authorized by law.
What is personal information?
Consent and Collection, Use and Disclosure of Personal Information
We may collect personally identifiable information (“PII”) from, which may include your name, date of birth, sex, email address, locations, address, phone number, marital status, children and ages, household income, credit card information, unique device identifiers and preferences, among other things, in order to provide the Services to you. We may use analytics and consumer behaviour data to make the Services more convenient or more efficient, or to monitor use of the Services in order to improve the Services.
When you provide your personal information to us, you provide us with your consent to use and, to the extent reasonably required, to disclose your personal information as described in this Policy or as described in any applicable consent you may provide.
We may collect, use and disclose your personal information for the following purposes:
To provide the Services to you;
To make enhancements to the Services to provide a better experience for you;
To create, manage and control your account information;
To communicate with you for the purpose of informing you of changes or
additions to the Services, or of the availability of any products or services we provide;
To provide you with targeted ads, offers, coupons and other products and services based on your preferences and channels of interest;
To process payments for any offers, coupons and other products and services purchased via the Application;
To assess service levels, monitor traffic patterns and measure usage of different service options;
To verify access rights to the Services, or other products, services or software;
To conduct market research from time to time;
To enforce the provisions of our legal relationship with you;
To respond to your requests for the Services, including but not limited to customer service or information;
To respond to claims of any violation of our rights or those of any third parties;
To respond to your requests for the Services, including but not limited to customer service or information;
To protect the rights, property or personal safety of you, us, our users and the public;
As required or authorized by law, your consent may be withdrawn at any time. Should your consent be withdrawn, we will advise you of any consequences, which may include our being unable to provide all or part of the Services to you. The law allows us to retain personal information following withdrawal of consent for reasonable business or legal purposes, following which personal information is securely destroyed or rendered anonymous.
You may have the option of registering with us to create an account so that we may better serve your needs and enhance your experience with our applications and services. Installing and/or using the Applications and Services may not require that you provide any personal information to us. However, the operation of the Application and Services may result in your receiving offers, coupons or other information that we feel may be of interest to you, based on any stated preferences you may provide to us or on your location. To cease receiving such information, you may uninstall the relevant Application or stop using the Application or Services at any time.
In some cases our industry partners may have agreed to pre-load the Application on their mobile devices. If your mobile device has the Application pre-loaded, the Application cannot be uninstalled. However, you will not receive the above information as long as you do not utilize the Application.
Information, including personal information, is currently stored on our secure servers located worldwide. We may provide some of your personal information to our service providers to process payments for any offers, coupons or transactions you purchase through the Application.
You agree that Company may disclose your personal information in the circumstances set out below:
Company may disclose your personal information with your prior consent;
a) Company may be required by law to disclose personal information without your consent in the event of emergency situations or when required by government or other legal authority;
d) We share the information we collect with third-party business partners who commit to comply with applicable laws concerning their usage of the information. Our third-party business partners may share the information with their own third party business partners and use the information either for themselves or on behalf of their own business partners to:
Operate and improve their services;
Provide you with advertisements and information for products and services or send you other notifications based on variables such as your location, and assess your level of engagement with them; and
Carry out other purposes that are disclosed to you and to which you consent.
Company stores and process your personal information on our computers in Canada and the U.S. Company employs reasonable managerial and technical measures to ensure that your personal information is secure. In addition, our dedicated team of information technology professionals works to maintain data accuracy and prevent unauthorized access to sensitive information. Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your personal information and cannot assume liability for improper access to it. The Internet is not a secure medium and you acknowledge and agree that the privacy of your e-mail communication and personal information can never be guaranteed as any e-mail communication may be lost, intercepted or altered. By using our Site, or providing personal information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Site and our Services.
In the unfortunate event that we suffer a loss of personal information, or unauthorized access to or disclosure of personal information, we will notify any affected individuals as required by law.
Anonymized and Aggregated Data
“Anonymized Data” means records which have been stripped of personally identifying information, and which have been manipulated or combined to provide generalized, anonymous information. Your identity and personal information are not available in Anonymized Data. We may combine or aggregate Anonymized Data with other anonymized data or with other information to generate “Aggregated Data”. Anonymized Data and Aggregated Data may be used by us for any purpose including but not limited to internal and commercial use and for sharing with affiliates, subsidiaries and business partners and for planning and marketing purposes.
Our Sites are connected by “hyperlinks” to other websites. You acknowledge and agree that Company makes no representation, warranty, covenant, or claim regarding, and Company expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices on any third-party website or resource accessible by hyperlink from our Site. You agree that the inclusion of any such hyperlink does not suggest, represent, warrant, covenant or imply that Company monitors, endorses or exerts any control over such website or linked resource whatsoever. You agree that Company provides these hyperlinks to you only as a convenience, and the inclusion of any hyperlink does not suggest, represent, warrant, covenant or imply affiliation, endorsement or adoption by Company of any such website or linked resource whatsoever.
When you leave our Site, you acknowledge and agree that our terms and policies do not govern your access to, and use of, other websites. You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any website or linked resource to which you navigate from our Site.
If you have any questions or suggestions regarding this Policy or our practices regarding personal information, if you wish further information, if you wish access to your personal information, or if you wish to modify or correct your personal information, please email our privacy officer at email@example.com. You may also write to us at: 64 Jardin Drive, Unit 2A Concord, Ontario, Canada L4K 3P3 or send a fax to (905) 761-8976.
This Site and Service is not intended for use by children, especially those under age 13. No one under age 13 is allowed to register for the Service or provide any personally identifiable information or use our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, and elsewhere. You affirm that you are 13 years of age or older, or an emancipated minor, or, if between the ages of 13 and 17, possess legal parental or guardian consent, including permission of parent(s) or legal guardian(s) before making purchases, including subscriptions, on this Service. In addition, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
Access to your personal information
You are responsible for updating and maintaining the truth and accuracy of the personal information you provide to us relating to your Account. If you want to update the personal information, you have provided to us, you should do so by visiting the “Account” section of the Web site. You must be signed in to access your Account.
There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. If we do not provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.
Collection of non-personal information
Any services provided by Company is controlled and operated by us from Canada, and we do not intend that our services subject us to the laws or jurisdiction of any state, country or territory other than that of Canada. We do not represent or warrant that the services, or any part of the services, are appropriate or available for use in any particular jurisdiction. Those who choose to access the services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
© Breaking Data International Corp. December 2014
TERMS AND CONDITIONS
Last Update: January 2015
YOUR (COLLECTIVELY “YOU” OR “YOUR”) USE OF BREAKING DATA CORP (“COMPANY”) SITE OR ANY OF THE SOFTWARE SUBSCRIPTION SERVICE OFFERINGS OR OTHER SERVICE OFFERED ON THE SITE (OR THE SATELITE PRODUCT SITES WWW.POYNT.COM AND WWW.BREAKINGSPORTSAPP.COM), APPLICATION AND ALL CONTENT, SERVICES AND PRODUCTS AVAILABLE AT OR THROUGH THE SITE (OR THE SATELITE PRODUCT SITES WWW.POYNT.COM AND WWW.BREAKINGSPORTSAPP.COM), OR APPLICATIONS IS SUBJECT TO THESE TERMS AND CONDITIONS (“AGREEMENT”) IF YOU DO NOT AGREE TO THIS AGREEMENT YOU ARE NOT TO USE OR ACCESS THE SERVICES AND THE SITE (OR THE SATELITE PRODUCT SITES WWW.POYNT.COM AND WWW.BREAKINGSPORTSAPP.COM). YOUR REGISTRATION FOR, OR USE OF, THE SERVICES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THIS AGREEMENT.
IN ADDITION TO THE FOREGOING, SOME OF THE SERVICES MAY BE SUBJECT TO ADDITIONAL CONDITIONS EITHER POSTED ON THE SITE OR PROVIDED BY LINKS TO THIRD PARTIES’ WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY THE COMPANY. THE COMPANY HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD PARTY CONTENT OR WEBSITES. IN ADDTION, THE COMPANY WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE SERVICE, YOU EXPRESS ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, CLAIMS OR OTHER LIABILITY ARISING FROM OR RELATED TO YOUR USE OF ANY THIRD-PARTY WEBSITE.
IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU CANNOT DOWNLOAD THE APPLICATION AND YOU CANNOT USE THE SERVICES. THE SERVICES ARE ONLY AVAILABLE THROUGH THE APPLICATION. TO RECEIVE THE SERVICES, YOU MUST DOWNLOAD THE APPLICATION FROM THE SITE.
THE APPLICATION MAY BE PRE-LOADED ON CERTAIN DEVICES AND CANNOT BE UNINSTALLED FROM THESE DEVICES. IF YOU DO NOT USE THE PRE-LOADED APPLICATION OR THE SERVICES, YOU DO NOT ENTER INTO A BINDING LEGAL AGREEMENT WITH THE COMPANY AND YOUR PERSONAL INFORMATION WILL NOT BE COLLECTED, USED OR DISCLOSED.
THE COMPANY’S ACCEPTANCE OF THIS AGREEMENT AND PROVISION OF THE SERVICES IS EXPRESSLY CONDITIONAL UPON YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS AND CONDITIONS, EXPRESS OR IMPLIED. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER MADE BY THE COMPANY, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. THIS AGREEMENT IS FOR LICENSES AND SERVICES AND IS NOT A SALE OF GOODS.
DEFINITIONS. In this Agreement:
a) the “Application” means the Poynt Mobile Application or the Breaking Sports mobile application, as upgraded, enhanced or modified by the Company from time to time, and which may be downloaded from the Site or preloaded on your mobile handset;
b) the “Content” means and includes any and all materials, information or data displayed, distributed, provided or performed on the Site or through the Application, which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, interactive features and other materials;
c) the “Services” are more fully described on the Site and/or in the Application and may include, but not be limited to, downloading, installation and/or use of the Application and access to or use of the Site, and mobile applications that are intended to provide a rich mobile user experience, together with any other products or services the Company makes available or agrees to perform for or on behalf of you, as well as the offering of any Content on the Site or through the use of the Services. All references to the Services shall include the Application, the Content and the Site where the context requires; and
d) the “Site” means and includes a number of web sites available at or through various domains used, owned or operated by the Company from time to time (including any and all sub-domains, directories, sub-directories, files, folders and related URL’s).
2. LIMITED LICENSE. The Services are licensed, not sold. You do not own the Services. Subject to the terms and conditions of this Agreement, the Company grants you a limited, personal, revocable and non-exclusive license to access, use and receive the Services as made available and permitted by the Company from time to time. The Services may be utilized by you through the processes provided on the Site, through installation and use of the Application, or through the use of a phone or other communication device only for your own personal, non-commercial use, and not for the use or benefit of any third party. You will not sell, copy, transfer, make available, rent, lease, license, sub-license or lend the Services to any third party and you will not use the Services as a service bureau or application service provider providing products, services, information or Content to third parties. This Agreement and the license granted is void where prohibited by law, no offer to you to enter into this Agreement is valid in such jurisdictions, and any license granted to you to use the Services is void and, if necessary to give effect to the foregoing, revoked in such jurisdictions, provided that, notwithstanding the foregoing, all disclaimers and limitations in this Agreement in favour of the Company shall in all cases apply. You may not modify, publish, transmit, participate in the transfer, rental or sale of, reproduce (except as provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, the Services in whole or in part. You may not utilize the Services in any way other than as expressly provided in this Agreement. You shall not retain or store any significant portion of any Content in any form other than such portion as may be reasonably necessary for limited periods of time to use the Services. Copying, retention or storing of any Content for other than personal, non-commercial use as permitted in this Agreement is expressly prohibited without prior written permission from the Company, or from the copyright holder identified in such Content’s copyright notice.
3. RIGHT TO MODIFY, SUSPEND OR TERMINATE. The Company may, in its sole discretion, change, modify, suspend or discontinue the Services at any time, including the availability of any feature, service, or Content, or amend or terminate this Agreement at any time without notice and without liability to you. The Company may also impose limits on certain features and services or restrict your access to the Services, or any one or more components or parts of the Services, without prior notice or any liability whatsoever. The Company shall have the right, at its sole discretion, to modify or terminate this Agreement and/or the Services at any time by posting a notice on the Site, or by sending you a notice via email or other form of written notice.
4. ELECTRONIC COMMUNICATION AND CONTACT INFORMATION. If requested or required by the Company, you agree to continuously maintain and regularly access a valid and active email address and account for the purposes of the Company notifying you of any modification or termination of this Agreement or and changes, modifications, suspension or discontinuation of the Services. You agree that you will in all cases be responsible for reviewing and becoming familiar with any such modifications by the Company. Use of the Services by you following posting of a notice on the Site, or in the Services, or sending such notice in the Application, or sending email notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You agree that any notice, agreement, disclosure or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to contract electronically.
6. DATA USAGE Minimal data transfer occurs while performing location searches in the Application, however, when downloading and viewing movie trailers or using push messaging data transfer rates will be higher. Higher data pricing occurs when roaming – check with your carrier for data pricing.
7. YOUR OBLIGATIONS. You agree as follows:
a) You warrant, represent and certify to the Company that you are an individual and not a corporation or other legal entity, you are of full legal age and have full capacity in your jurisdiction of residence, location or domicile to form a binding and enforceable contract, you are legally permitted to use the Services, this Agreement is valid and enforceable in your jurisdiction, and, whether or not you access the Services through the account of a third party, including without limitation, your employer or a corporate entity, you take full personal responsibility and will be fully and personally liable for your selection and use of the Services;
b) You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Services, including, without limitation, hardware devices, software, and other Internet, wireless, broadband, phone or other mobile communication device connection services;
c) You shall be exclusively responsible for ensuring that such equipment or ancillary services are compatible with the Services and you shall be responsible for all charges incurred in connection with use of the Services in connection with all such equipment and ancillary services;
d) You are responsible for all of your activity in connection with the use of Services;
e) You agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties and regulations in connection with the Services and with any acceptable use policy the Company may publish from time to time;
f) Any fraudulent, vulgar, offensive, harassing, objectionable, abusive, tortuous, criminal or otherwise illegal activity will be grounds for immediate suspension or termination by the Company of this Agreement and/or access to the Services, without notice or liability of any kind to you;
g) Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other “phishing”, “pharming” or “whaling” message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the Services or any other third party whatsoever;
h) You acknowledge and agree that the Company has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to you; and
i) The Company does not promote, recommend or condone use of the Services during certain activities, such as, without limitation, automobile driving, bicycle riding, skating, skate-boarding or walking, where there is risk of accident, personal injury, property damage or death. You agree not to use the Services during such activities, and warrant, represent and certify that you will not do so.
8. INDEMNIFICATION OF COMPANY. YOU SHALL INDEMNIFY, DEFEND AND FOREVER HOLD THE COMPANY, AND THE COMPANY’S LICENSORS, SUPPLIERS, CONTRACTORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES, SUITS AND EXPENSES (INCLUDING LAWYERS’ FEES AND COSTS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES OR TO THE CONTENT, OR ANY BREACH OF THIS AGREEMENT BY YOU. THE FOREGOING SHALL SURVIVE ANY TERMINATION OR EXPIRY OF THIS AGREEMENT, HOWSOEVER CAUSED.
9. PERSONAL INFORMATION AND COMPANY COMMUNICATIONS. You consent to any collection, use or disclosure of personal information or personally identifiable data required to provide you with access to the Services or to deliver the Services to you, and further to such collection, use or disclosure pursuant to any further consent or “opt in” arrangement between you and the Company.
The operation of the Application includes periodic delivery to you of offers, coupons or other information that may be of interest to you based on your stated preferences or your location. Downloading, installing and/or using the Application does not require you to provide the Company with any personal information but does constitute your consent to receiving such offers, information and coupons in the Application. You may discontinue receiving such information at any time by uninstalling the Application or as long as you do not utilize the Application.
10. INTELLECTUAL PROPERTY RIGHTS. The Services are protected by copyright, trademark, and other intellectual property rights under the laws of the United States of America, Canada and other countries, and international conventions and treaties. Except as expressly permitted herein, you shall abide by all copyright notices and trademark information, and all other restrictions contained in the Services. Without limitation, the Services are protected by copyright as a work, collective work and/or compilation, pursuant to U.S. copyright laws, Canadian copyright and moral rights laws, international conventions, and other intellectual property laws.
11. DISCLAIMER OF WARRANTIES AND CONDITIONS. THE SERVICES ARE PROVIDED STRICTLY ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. THE COMPANY DOES NOT MAKE, AND YOU DO NOT RECEIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT REPRESENT OR WARRANT, OR GIVE ANY CONDITION THAT: (I) THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE, DEVICE, PHONE, COMPUTER, SYSTEM OR DATA, (II) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, OR, (V) THE SERVICES OR THE COMPUTERS AND SYSTEMS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJANS, MALICIOUS CODE, SPYWARE, MALWARE OR OTHER HARMFUL COMPONENTS OF ANY KIND. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING FROM A COURSE OF CUSTOM OR TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, ANY IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OR CONDITION OF COMPLIANCE WITH ANY DESCRIPTION, OR ANY IMPLIED WARRANTY OR CONDITION OF NON-INFRINGEMENT, VIOLATION AND/OR NON-MISAPPROPRIATION OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY THE COMPANY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE FOREGOING SHALL SURVIVE ANY TERMINATION OR EXPIRY OF THIS AGREEMENT, HOWSOEVER CAUSED.
12. LIMITATION OF LIABILITY. NEITHER THE COMPANY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, CONTRACTORS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES SHALL BE LIABLE TO YOU OR ANYONE CLAIMING THROUGH YOU FOR ANY LOSS OF PROFITS OR REVENUE, DAMAGE TO PROPERTY OR PERSON, LOSS OR INACCURACY OF DATA OR DETRIMENTAL RELIANCE THEREON, FAILURE TO REALIZE EXPECTED RESULTS, REVENUES OR SAVINGS, ECONOMIC LOSS OF ANY KIND, OR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), RESULTING FROM YOUR OR ANY THIRD PARTY’S ACCESS TO, RELIANCE ON, OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES, WHETHER BASED ON OR IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. THE FOREGOING SHALL APPLY WHETHER OR NOT THE COMPANY KNOWS OF THE POSSIBILITY OF SUCH DAMAGE OR HAS BEEN ADVISED OF SUCH POSSIBILITY, OR SUCH POSSIBILITY IS REASONABLY FORESEEABLE. THE COMPANY SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS IN THE SERVICES GENERALLY OR SPECIFICALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN OR SUPPLIED SUBSEQUENTLY BY AGREEMENT BETWEEN YOU AND THE COMPANY. YOU AGREE THAT, IN ALL CASES, ANY CLAIM BY YOU FOR DAMAGES AGAINST THE COMPANY ARISING FROM ANY ACCESS TO, USE OF OR RELIANCE ON THE SERVICES, OR OTHERWISE ARISING UNDER THIS AGREEMENT OR OTHERWISE, SHALL BE LIMITED TO YOUR PROVABLE DIRECT DAMAGES IN THE MAXIMUM AGGREGATE SUM OF ONE HUNDRED DOLLARS ($100.00) IN LAWFUL CURRENCY OF THE UNITED STATES OF AMERICA. THE FOREGOING SHALL SURVIVE ANY TERMINATION OR EXPIRY OF THIS AGREEMENT, HOWSOEVER CAUSED.
If you have a dispute with one or more users, you release Company (and Company’s officers, directors, agents, affiliates and employees) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
13. LINKS. The Services may include links to third party products, services, resources or websites. The Company has no control over such third parties. Any and all such links are provided to you as a convenience only, without any warranty, condition, guarantee or representation by the Company whatsoever. You use or access any such links solely at your own risk.
14. GOVERNING LAW. This Agreement shall in all cases be deemed an Agreement made in the province of Ontario, Canada regardless of your place of residence, domicile or physical location, where the Application was used, accessed or downloaded; and where the Services were received from or provided to you. All questions concerning the validity, construction and operation of this Agreement and the performance of the obligations of the Parties hereunder shall be governed by the laws of the Province of Ontario and the laws of Canada applicable in Ontario. You irrevocably attorn to the non-exclusive jurisdiction of the Ontario Superior Court of Justice, or its successor, without regard to its conflicts of laws rules, and promise and undertake to bring no action or proceedings in any other court whatsoever. You agree that you will not commence any action as a class action, or seek to have any action to which you are a party certified as a class action, or join in any class action as a party. You agree that any Judgment or Order of a court of competent jurisdiction shall be fully registrable and enforceable against you in your jurisdiction of residence, location or domicile. Notwithstanding the foregoing, in the event of breach of this Agreement by you requiring the Company to seek injunctive or other equitable relief, the Company shall be entitled to seek such injunctive relief in any court of competent jurisdiction without the necessity or requirement of posting bond or undertaking as to damages or showing that money damages are not an adequate remedy. In the event that your place of residence, domicile, physical location or jurisdiction does not recognize or permit enforcement of the foregoing, you may not use the Services.
© Breaking Data International Corp. January 2015