These Terms of Use (these “Terms”) are legally binding and they contain several clauses that affect you. They must be accepted for you to use and access our website. In them, among other things, we grant you a license to use our website and its contents on terms herein. All website content remains our intellectual property and we retain all rights to that content. Please let us know if you have any questions or concerns about these Terms.
OVERVIEW
The website located at www.t-net.ca or such other domain addresses provided or made available from time to time, including the proprietary portal known as “HaloPSA”, which may be accessed at https://halo.t-net.ca (the “Portal”), and all content, services and products available at or through such website and the Portal, including, but not limited to, associated information, content, and websites, among others, (collectively the “Website”), are copyrighted works belonging to Tenacious Networks Inc. (the “Company”). The Website provides users (“Users” or “you”) with engineering technology services and information technology services, and related information, delivered via the Website and associated media and communication methods, including, without limitation, email, and articles (collectively, the “Services”). For greater certainty, these Terms apply to the Services, as applicable, even when not otherwise specified.
These Terms set forth the legally binding terms and conditions that govern your use of the Website and the Services. Certain features of the Website and the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. Without limitation to the preceding sentence, your submission of information, including personal information, through or in connection with the Website is governed by the terms of our privacy policy (the “Privacy Policy”), as may be updated from time to time, which is available at www.t-net.ca/privacy-policy/.
By accessing or using the Website, you are accepting the current version of these Terms and all policies posted to the Website from time to time (the “Policies”), including our Privacy Policy, on behalf of yourself or the entity that you represent, and you represent and warrant that you have the right, authority, and capacity to agree to and be bound by these Terms, on behalf of yourself or the entity that you represent. If you do not agree with all of the provisions of these Terms, do not access or continue to use the Website.
ACCESS AND USE
TENACIOUS LICENSE GRANT
Subject to these Terms, the Company grants you a non-transferable, non-assignable, non-exclusive, revocable, limited licence to use and access the Website solely for your own use.
CERTAIN RESTRICTIONS
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, or any content displayed on the Website, in whole or in part; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website, or on any content displayed on or in the Website, must be retained on all copies thereof.
MODIFICATION
The Company reserves the right, at any time, to modify, suspend, or discontinue the Website, these Terms, the Policies, and Services offered in whole or in part, with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website, these Terms, the Policies, or Services offered or any part thereof.
NO SUPPORT AND MAINTENANCE
You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Website.
OWNERSHIP
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Neither these Terms nor your access to the Website transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited rights expressly set forth in these Terms. The Company reserves all rights not granted in these Terms. There are no implied licences granted in or under these Terms.
REGISTRATION
In order to use the Services, Users may be required to provide certain information, including their name, email address and other personal information. Users may also be required to enter into agreements with the Company in connection with receiving the Services. Use of a User’s information is governed by these Terms and by our Privacy Policy.
ACCEPTABLE USE
The following constitutes our “Acceptable Use Policy”:
You agree not to: (i) upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Website to harvest, collect, gather, or assemble information or data regarding other Users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, Policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Website or to other computer systems or networks connected to or used together with the Website, whether through password mining or any other means; (vi) harass or interfere with any other User’s use and enjoyment of the Website; or (vii) use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to, or to strip, scrape, or mine data from, the Website.
FEEDBACK
If you provide the Company with any feedback, testimonials, or suggestions regarding the Website (the “Feedback”), you hereby assign to the Company all rights in the Feedback and agree that the Company shall have the right to exercise, implement and use the Feedback and related information in any manner it deems appropriate. The Company will treat the Feedback you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company, for the purposes of providing feedback or suggestions, any information or ideas that you consider or reasonably ought to have known to be confidential or proprietary.
ENFORCEMENT
the Company reserves the right, but has no obligation, to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. Such action may include suspending or terminating your rights to use the Website, or, if necessary, reporting you to law enforcement authorities.
THIRD PARTIES AND OTHER USERS
THIRD PARTY CONTENT
The Website may contain links or references to third party websites, content, goods and services, and/or display advertisements for third parties (collectively, “Third Party Content”). Third Party Content is not under the control of the Company, and the Company is not responsible for any Third Party Content. The Company may provide access to Third Party Content only as a convenience to Users, and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Content. Your use of Third Party Content is at your own risk, and you should apply a reasonable level of caution and discretion in doing so. When you access any Third Party Content, the applicable third party’s terms and policies may apply, including such third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Content.
NO LIABILITY FOR USER CONTRACTS
Users recognize that the Company is not a party to any agreements that may be entered into between Users, or between Users and third parties (“User Contracts”). Users assume sole responsibility for dealings with User Contracts and other Users and/or third parties, including third parties that may be associated with any Third Party Content.
RELEASE
Subject to applicable law, you hereby release and forever discharge the Company and its affiliates and their respective directors, officers, shareholders, employees, contractors, agents, advisors, successors and assigns (the “Released Parties”), from, and hereby waive and relinquish each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature that has arisen or may arise directly or indirectly out of, or that relates directly or indirectly to, the Website or the Services, including any interactions with, or act or omission of, other Users or third-parties, and any interactions or acts or omissions associated with Third Party Content or User Contracts.
INDEMNIFICATION
You agree to indemnify the Company and the Released Parties, including costs and legal fees, from any claim or demand made by any third party due to or arising out of your: (a) use of the Website; (b) violation of these Terms; or (c) violation of applicable laws or regulations. The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify herein, and you agree to cooperate with our defence of any such matter. You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding, upon becoming aware of it.
DISCLAIMERS
NO EXPRESS OR IMPLIED WARRANTIES
The Website and the Services are provided on an “as is” basis to the extent permissible by law, and the Company expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. The Company makes no warranty that the Website or the Services will meet any User’s requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Testimonials or endorsements on the Website have not been scientifically evaluated and results experienced by Users vary significantly. Many statements outlined on the Website are simply opinion, Users rely on these opinions at their own risk.
LIMITATIONS
EXCLUSIONS OF CERTAIN DAMAGES
UNDER NO CIRCUMSTANCES SHALL TENACIOUS OR THE RELEASED PARTIES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER TORT, CONTRACT, INDEMNITY OR OTHERWISE) ARISING OUT OF THE SITE AND/OR THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
LIMITATION OF LIABILITY
In no event shall the Company’s or the Released Parties’ cumulative liability to you (including liability to a person or persons whose claims(s) is based on or derived from a right or rights claimed by you), in connection with the Website or the Services contemplated hereunder, exceed the lesser of the total consideration paid by you to the Company in the preceding [12 months or $100]. In those jurisdictions that do not allow the exclusion or limitation of liability for damages, the Company’s liability is limited to the fullest extent permitted by law.
GENERAL
ENTIRE TERMS
These Terms and the Policies constitute the entire agreement between you and the Company regarding your use of the Website and our provision of the Services contemplated herein, and these Terms and the Policies supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter.
CHANGES
These Terms, the Policies, and Services offered in whole or in part are subject to occasional revision. Continued use of the Website following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
GOVERNING LAW AND JURISDICTION
These Terms and any dispute or claim arising out of or in connection with their subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. You agree that the courts of the Province of British Columbia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation, including non-contractual disputes or claims, of these Terms.
SEVERABILITY
If any provision of these Terms or the Policies is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms or the Policies will, as applicable, be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
ASSIGNMENT
These Terms and the Policies, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms and the Policies, in whole or part, without notice. These Terms and the Policies shall be binding upon any assignees and successors.
HEADINGS AND INTERPRETATION
The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
COPYRIGHT AND TRADEMARK INFORMATION
The Company name, the Company’s logos, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, may be an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
CONTACT INFORMATION
If you wish to contact the Company or any of its representatives in writing, or if these Terms require you to give notice in writing, please contact us on the Website through the Contact Us page.