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Your Agreement to Terms of Use.
This website (this “Site”) is owned and operated by Red Dot Digital
Inc. (the “Company”, “us”, “we”, “our”, or words of like meaning).
This Site and the Content (as defined herein) and Services (as
defined herein) are made available to you subject to your compliance
with these terms and conditions of use and the terms and conditions
of our Privacy Policy (collectively, these “Terms of Use”). These
Terms of Use constitute a binding legal agreement between you and
the Company. By accessing or using this Site, the Content, or any
Services, you covenant and agree to be bound by, and comply with,
these Terms of Use and represent and warrant to and in favour of the
Company that you have read and understand these Terms of Use. If you
do not agree to be bound by, and comply with, these Terms of Use,
you are not permitted to access or use this Site or any Content or
Services.
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Modifications.
The Company reserves the right (in its sole discretion) to amend,
modify, restate, replace, or supplement these Terms of Use at any
time and from time to time. You should review these Terms of Use
regularly. By accessing or using this Site or any Service after any
such amendments, modifications, restatements, replacements, or
supplements, you agree to be bound by, and comply with, these Terms
of Use, as so amended, modified, restated, replaced, or
supplemented. If any such amendment, modification, restatement,
replacement, or supplement is not acceptable to you, you must
immediately cease accessing and using this Site and any and all
Services.
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Content.
This Site contains content provided by the Company and third parties
(including other users), including editorial content, personal
profiles, articles, publications, pictures, videos, information,
events, data, and other materials (the “Content”) and access to
various products and services provided by the Company (the
“Services”).
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Other User Content.
Other users of this Site or the Services may also share, upload, or
provide content on this Site. All such Content belongs to the user
who posted such Content. You do not have any rights in relation to
the Content of other users, and you may only use the personal
information of other users to the extent that such use complies with
these Terms of Use. Unless and only to the extent otherwise
expressly permitted in any other agreement between you and the
Company, you may not use any Content or personal information of any
other user for commercial purposes or to spam, harass, or make
unlawful threats. We reserve the right to terminate your access to
this Site if you misuse the Content or personal information of any
other user.
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Currency of Content.
The Content is provided for informational purposes only. The Content
should not be relied upon as accurate, reliable, complete, current,
timely, or fit for any particular purpose. To the extent that the
Content is current as of the date of first publication, it may no
longer be accurate as a result of the passage of time.
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Your Content.
This Site allows for you to share, upload, or provide content to
this Site (“Your Content”). You acknowledge and agree that Your
Content may be visible to third parties, including other users and
any person visiting or using this Site, or to whom a Site link is
sent. By uploading or providing Your Content to this Site, you
represent and warrant to and in favour of the Company that you have
all necessary rights and licences to do so, and automatically grant
the Company a non-exclusive, royalty-free, irrevocable,
sub-licensable, perpetual, worldwide right and licence to use, copy,
modify, display, and publish Your Content in any way, without
compensation to you, including editing, copying, modifying,
adapting, translating, reformatting, creating derivative works from,
incorporating into other works, advertising, distributing, and
otherwise making available to the general public such Content,
whether in whole or in part and in any format or medium currently
known or developed in the future. You acknowledge and agree that the
Company may assign, transfer, or sub-license the above licence to
any person, including its affiliates and successors, without any
further approval by you. The Company reserves the right to remove,
edit, limit, or block access to any of Your Content at any time, and
it will have no obligation to display or review Your Content. You
are solely responsible and liable for Your Content. You agree to not
post, provide, or upload any Content to this Site that:
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contains language or imagery that could be deemed offensive or is
likely to harass, upset, embarrass, alarm, or annoy any other
person;
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is obscene, pornographic, violent, or that otherwise may offend
human dignity;
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is abusive, insulting, threatening, discriminatory, or that
promotes or encourages racism, sexism, hatred, or bigotry;
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encourages any illegal activity (including terrorism) or incites
racial hatred or the submission of which in itself constitutes
committing a criminal offence;
- is defamatory or libellous;
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unless and only to the extent otherwise expressly provided in any
other agreement between you and the Company, relates to commercial
activities, including sales, competitions and advertising, or
links to other websites or premium line telephone numbers;
- involves the transmission of “junk” mail or “spam”;
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contains any spyware, adware, viruses, corrupt files, Trojan
horses, worm programs or other malicious code designed to
interrupt, damage, limit the functionality of, or disrupt any
software, hardware, telecommunications, networks, servers or other
equipment; or contains any other material designed to damage,
interfere with, wrongly intercept, or expropriate any data or
personal information whether from the Company or otherwise;
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itself, or the posting of which, infringes any person’s rights,
including intellectual property rights and privacy rights; or
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shows another person if such Content was created or distributed
without that person’s express consent.
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Feedback.
We welcome and encourage you to provide feedback, comments,
suggestions, ideas and materials for improvements to this Site, the
Content, and the Services (“Feedback”). You may submit Feedback by
contacting us via e-mail at
contact@b2beematch.com or via the
Contact section of this Site or by other means of
communication. Any Feedback you submit to us will be considered
non-confidential and non-proprietary to you. By submitting Feedback
to us, you automatically grant the Company a non-exclusive,
royalty-free, irrevocable, sub-licensable, perpetual, worldwide
right and license to use, copy, modify, display, and publish such
Feedback for any purpose, without compensation to you, whether in
whole or in part and in any format or medium currently known or
developed in the future. You acknowledge and agree that the Company
may assign, transfer, or sub-license the above licence to any
person, including its affiliates and successors, without any further
approval by you.
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Communications Not Confidential.
The Company does not guarantee the confidentiality of any
communications made by you via e-mail or otherwise through this
Site. Any e-mail communications made by you via e-mail or otherwise
through this Site will be at your own risk and liability.
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Permitted Uses.
You may access and use this Site and the Content only in accordance
with these Terms of Use and applicable law. Unless and only to the
extent otherwise expressly provided in any other agreement between
you and the Company, subject to these Terms of Use, the Company
grants to you a non-exclusive, non-transferable, revocable right and
licence to access and use this Site and the Content only to display
on your own computer or mobile device for your own personal
non-commercial use, provided that the Content is not modified or
altered in any way whatsoever (“Permitted Uses”). By accessing or
using this Site or any other Company Property (as defined herein) or
by displaying, saving, downloading, or printing a copy of any
Content, you do not acquire any other right or licence to this Site
or any other Company Property. All rights not expressly granted by
the Company are expressly reserved by the Company.
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Linking and Social Media.
This Site may, for convenience, provide links to the Company’s
social media accounts, including Facebook, LinkedIn, Twitter,
Instagram, and Pinterest (“Company Social Media”). You acknowledge
and agree that, to the extent that you access and use Company Social
Media:
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any and all references in these Terms of Use to this Site will
refer to and include Company Social Media;
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your access to, and use of, Company Social Media is governed by
these Terms of Use and the terms and conditions of the
applicable third-party provider thereof (each, a “Third-Party
Provider”);
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in the event of a conflict or inconsistency between these Terms
of Use and the terms and conditions of a Third-Party Provider
with respect to your access and use of Company Social Media, the
terms and conditions of such Third-Party Provider may govern to
the extent necessary to resolve such conflict or inconsistency;
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Company Social Media may contain content of third parties that
may not be subject to the control of the Company; and
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if you choose to access any Company Social Media, you do so
entirely at your own risk and liability.
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Linking and Third-Party Sites.
This Site may, for convenience, provide links to websites or
applications of other parties (each, a “Third-Party Site”). You
acknowledge and agree that:
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the content of Third-Party Sites is not provided by nor under
the control of the Company;
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the Company does not endorse or republish any content of any
Third-Party Site or provide any representation, warranty, or
guarantee regarding the quality, accuracy, reliability,
completeness, currency, timeliness, non-infringement, or fitness
for any purpose of any such Third-Party Site or the content
thereon;
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where you provide a link to this Site from another website, the
Company reserves the right to require you to disable such link;
and
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if you choose to access a Third-Party Site, you do so entirely
at your own risk and liability.
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Trademarks.
Any and all trademarks, corporate names, business names, and other
trade names of the Company, including B2BEE™, B2BEEMATCH™,
B2BEEMATCH.COM™, RED DOT™, RED DOT DIGITAL™, RED DOT DIGITAL INC.™,
and any and all logo, word script, and design versions thereof, in
each case whether registrable or not, owned, or used by the Company
are trade-marks of the Company and/or its affiliates (the “Company
Marks”). Other trademarks, service marks, graphics, and logos used
in connection with Company Property may be the trademarks of their
respective owners. You are not granted any right or license with
respect to any of the foregoing trademarks, including Company Marks,
or any use thereof.
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Company Property.
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“Company Property” means this Site and any and all related: (i)
Content, Services, and Company Marks; (ii) logos, designs,
graphics, images, photographs, artwork, and other artistic
works; (iii) editorial content, text, data, and other literary
works (iv) musical works, performances, and other sounds; (v)
videos and all audio-visual works; (vi) selections,
arrangements, compilations, modifications, and enhancements of
any of the foregoing (vii) software, including scripts and
program code that may execute on this Site’s servers or that may
be embedded or downloadable from individual web pages on this
Site; (viii) the look and feel, architecture, interface,
templates, layout, and web pages of this Site; and (ix)
intellectual property rights in any of the foregoing.
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You acknowledge and agree that all Company Property is protected
by copyright and owned by, or licensed to, the Company and
contains proprietary information and material that owned by the
Company or its affiliates or their respective licensors, and is
protected by applicable law, including copyright law. Any and
all copyrights in and to any Company Property, including the
compilation of content, postings, links to other Internet
resources, and descriptions of those resources and related
software, are owned by the Company and its affiliates and/or
their respective licensors, who in each case reserve all their
rights in law and equity.
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The use of any software or any part of Company Property, except
as expressly permitted pursuant to these Terms of Use, is
strictly prohibited and infringes on the intellectual property
rights of the Company and others and may subject you to civil
and criminal penalties, including monetary damages, for
copyright infringement.
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Notwithstanding any other provision of these Terms of Use, the
Company and its licensors reserve the right to change, suspend,
remove, or disable access to any Company Property at any time
without notice. You acknowledge and agree that, in no event will
the Company be liable for making any such changes. The Company
may also impose limits on the use of or access to certain
features or portions of Company Property, in any case and
without notice or liability.
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To seek permission in respect of any activity involving Company
Property that is not expressly permitted by these Terms of Use,
please contact us via e-mail at contact@b2beematch.com or via
the Contact section of this Site.
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Prohibited Activities.
You may not access this Site or any other Company Property in any
way or for any purpose that is unlawful or that contravenes these
Terms of Use. Unless and only to the extent otherwise expressly
permitted in any other agreement between you and the Company, you
will not access or use any Company Property for any purpose that is
outside the scope of the Permitted Uses or that violates the rights
of the Company, any Company personnel, or any other person. Without
limiting the foregoing, unless and only to the extent otherwise
expressly permitted in any other agreement between you and the
Company, you will not, directly or indirectly, on your own or with
any other person, in any manner whatsoever:
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exploit any Company Property (in whole or in part), including by
trespass or burdening network capacity;
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reproduce any Company Property (in whole or in part) in any form
or by any means;
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make available, distribute, display, post, disseminate, publish,
republish, transmit, re-transmit, communicate to the public, or
broadcast any Company Property (in whole or in part);
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creating derivative works of, modify, translate, select,
arrange, merge, compile, or otherwise combine with other data or
other content or frame from or on another website any Company
Property (in whole or in part);
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scrape, whether by way of screen scraping or database scraping,
any Company Property (in whole or in part) or engage in any
other activity intended to collect, store, reorganize,
summarize, or manipulate any Company Property (in whole or in
part), whether by an automatic program or a manual process;
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sell, licence, sublicence, transfer, rent, lease, loan, or
engage in any other commercial transaction relating to any
Company Property (in whole or in part) or any reproduction of
all or any portion thereof in any medium;
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decompile, disassemble, reverse engineer, or otherwise exploit
any Company Property (in whole or in part), its architecture or
the underlying software or code; or
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engage in any activity that is outside the scope of activity
permitted by these Terms of Use.
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Privacy.
For information about how the Company collects, uses, and shares
your personal information, please review our Privacy Policy.
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Cookies.
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The Company understands that your privacy is important to you
and is committed to being transparent about the technologies it
uses.
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The Company uses cookies, web beacons, pixels, clear gifs, and
other similar tracking technologies (“Cookies”), which may be
stored on or accessed from your device when you use or visit
this Site or any website or app that posts a link to this Site.
A cookie is a small text file that can be stored on and accessed
from your device when you visit this Site. Other tracking
technologies work similarly to cookies and place small data
files on your devices or monitor your website activity to enable
the Company to collect information about how you use this Site.
The use of Cookies on this Site enables us to create a more
customized experience for you. It allows this Site to recognize
your device as distinct from those of other users. Login Cookies
eliminate the need for you to re-enter your username and
password each time you return to this Site. By continuing to
access and use this Site, you agree that the Company can store
and access Cookies.
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You may refuse to accept Cookies by activating or adjusting the
appropriate setting of your Internet browser to reject the
setting of all or some Cookies or alert you when a Cookie is
placed on your device. However, if you refuse to accept Cookies
or use your browser settings to block all Cookies, you may be
unable to access or use this Site or functionalities of this
Site (in whole or part). If you want to remove previously stored
Cookies, you can manually delete these Cookies at any time.
However, this will not prevent this Site from placing further
Cookies on your device unless you adjust your Internet browser
setting so that it will refuse Cookies. Unless you have adjusted
your browser setting so that it will refuse Cookies, this Site
will issue Cookies when you direct your browser to this Site.
The data collected by this Site or through Cookies that may be
placed on your computer will not be kept for longer than is
necessary to fulfil the purposes set out in these Terms of Use.
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The Company uses Cookies to identify you and your interests, to
remember your preferences, and to track your use of this Site.
The Company also uses Cookies to control access to certain
content on this Site, protect this Site, and process any
requests that you make of the Company or other users.
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To administer this Site and for research purposes, the Company
may also contract with third-party service providers to track
and analyze statistical usage and volume information from the
users of this Site. These third-party service providers may use
persistent Cookies to help us improve the user experience on
this Site, manage the Content and Your Content, and analyze how
users navigate and utilize this Site. The Company may contract
with third-party service providers to send e-mails to users who
have provided the Company with their contact information. To
help measure and improve the effectiveness of Company e-mail
communications, or to determine whether messages have been
opened and links clicked on, the third-party service providers
may place Cookies on the devices of these users.
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The Company may use persistent Cookies to improve your
experience of using this Site. This includes recording your
acceptance of our Cookie policy to remove the Cookie message
which first appears when you use this Site. Session Cookies are
temporary and deleted from your machine when your web browser
closes. The Company uses session Cookies to help us track
Internet usage.
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The following types of Cookies are used in connection with this
Site for the following purposes:
Cookie Type |
Purpose |
Necessary |
These Cookies are necessary to allow the Company to
operate this Site and access this Site in the manner you
requested. These Cookies enable the Company to secure
this Site, this Site recognize you, and this Site to
remember your previous actions within the same browsing
session.
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Analytical |
These Cookies are used by this Site or third-party
service providers to analyze the usage and performance
of this Site, including tracking what pages are most
frequently visited, and from what locations our visitors
enter this Site. If you subscribe to a newsletter or
otherwise register with this Site, these Cookies may be
correlated to you.
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Functional |
These Cookies let us operate this Site in accordance
with the choices you make and enable this Site to
remember you in between visits, recognize your username,
and remember how you customized this Site or the
Services.
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Third-party advertising |
These Cookies let us operate this These Cookies collect
information about your activities on this Site and
third-party websites to provide you targeted
advertising. We may also allow our third-party service
providers to use Cookies on this Site for the purposes
identified in these Terms of Use, including collecting
information about your online activities over time and
across different websites.
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If you have any questions regarding this Cookie policy, please
contact us via e-mail at contact@b2beematch.com or via the
Contact section of this Site.
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DISCLAIMER.
YOU ACKNOWLEDGE AND AGREE THAT: (A) THIS SITE AND ANY AND ALL
CONTENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR
CONDITION OF ANY KIND WHATSOEVER; (B) ACCESS TO, AND USE OF, THIS
SITE OR ANY CONTENT OR SERVICES IS ENTIRELY AT YOUR OWN RISK AND
LIABILITY; (C) TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY
DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF
ANY KIND (WHETHER EXPRESS, IMPLIED, OR COLLATERAL) AND ANY AND ALL
LIABILITY WITH RESPECT TO THIS SITE AND THE CONTENT AND ALL
SERVICES, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, OR
THAT THIS SITE OR THE CONTENT OR ANY SERVICE WILL MEET ANY PERSON’S
NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE
UNINTERRUPTED OR ERROR-FREE; (D) THE COMPANY WILL NOT BE RESPONSIBLE
FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY ERRORS,
OMISSIONS, OR INACCURACIES IN THIS SITE OR ANY CONTENT OR SERVICES;
(E) THE COMPANY DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THIS
SITE OR ANY CONTENT OR SERVICES IS OR WILL BE COMPATIBLE WITH YOUR
COMPUTER SYSTEMS, ERROR-FREE, OR FREE OF VIRUSES, WORMS, TROJAN
HORSES, DISABLING DEVICES, OR OTHER CODE THAT MANIFESTS
CONTAMINATING OR DESTRUCTIVE PROPERTIES OR HAS HARMFUL EFFECTS; (F)
THE COMPANY WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY
AND ALL LIABILITY FOR, AND YOU ARE SOLELY RESPONSIBLE FOR,
IMPLEMENTING APPROPRIATE SAFEGUARDS TO PROTECT THE SECURITY AND
INTEGRITY OF YOUR COMPUTER SYSTEMS AND THE ENTIRE COST OF ANY
SERVICE, REPAIRS, OR CONNECTIONS OF AND TO YOUR COMPUTER SYSTEMS
THAT MAY BE NECESSARY AS A RESULT OF YOUR USE OF THIS SITE OR ANY
CONTENT OR SERVICES; AND (G) THE COMPANY WILL NOT BE RESPONSIBLE FOR
AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY PROBLEM OR
TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE
SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR
FAILURE OF ANY E-MAIL OR ANY OTHER COMMUNICATION BETWEEN YOU AND THE
COMPANY ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION
ONLINE OR ON THE INTERNET OR THIS SITE OR ANY OTHER WEBSITE, OR ANY
COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S
COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING OR STREAMING ANY
MATERIALS CONSISTENT WITH THIS AGREEMENT OR USE OF THIS SITE.
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Violation of the Law.
You acknowledge and agree that any attempt by you or on your behalf
to deliberately damage this Site or any other website or links or to
undermine the legitimate operation of this Site or any Content or
Services may be a violation of criminal and/or civil laws and should
such an attempt be made, the Company reserves the right to seek
damages from you to the fullest extent permitted by law.
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Indemnity.
You agree to indemnify, defend, and hold the Company and its
affiliates and their respective directors, officers, employees,
personnel, contractors, subcontractors, agents, and representatives
harmless from and against any and all actual, threatened or
potential civil, criminal, administrative, regulatory, arbitral, or
investigative claims, demands, allegations, actions, suits,
investigations, or proceedings and any and all losses, liabilities,
and damages (including taxes and related penalties) and related
costs or expenses, including legal fees (on a full indemnity basis),
and expenses and costs of litigation, settlement, judgement, appeal,
interest and penalties (on a full indemnity basis) that may be
suffered or incurred by any of them arising out of or as a result of
or relating in any manner whatsoever to:
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any breach by you or on your behalf of these Terms of Use or any
of your obligations pursuant to or in connection with these
Terms of Use;
- Your Content;
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any loss of, damage to, or destruction of Company Property or
the property of any other person;
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personal injury (including death) in connection with this Site,
the Content, or Services to the extent caused by you; or
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your negligence or criminal, willful or intentional misconduct.
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LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING ANY OTHER PROVISION
OF THESE TERMS OF USE, TO THE FURTHERST EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ANY COMPANY
PERSONNEL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY
DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES,
PENALTIES, TANGIBLE OR INTANGIBLE HARM, IRREPERABLE HARM, LEGAL
FEES, OR ANY LOSS OF ANY KIND WHATSOEVER, OR OTHER LIABILITIES,
WHETHER OR NOT THE COMPANY OR ANY COMPANY PERSONNEL IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR LOSS, RESULTING FROM THE USE OF,
OR THE INABILITY TO MAKE USE OF, THIS SITE OR ANY CONTENT OR
SERVICES.
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Injunctive and Equitable Relief.
You acknowledge and agree that:
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your compliance with your obligations pursuant to these Terms of
Use is necessary to protect personal information and/or the
intellectual property, confidential information, proprietary
information, business, goodwill, and/or proprietary interests of
the Company and its affiliates and third parties;
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your breach of any such obligations will give rise to
irreparable harm or injury to the Company that will not be
adequately compensable with monetary damages;
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the Company may, in addition to any other remedy, enforce the
performance of these Terms of Use by way of equitable relief,
including interim, interlocutory and/or final injunctive relief,
specific performance, or such other and further relief as a
court may deem just and proper, upon application to a court of
competent jurisdiction without proof of actual damages, without
a requirement that a finding of irreparable harm or other
criteria for the awarding of injunctive relief be made, and
without the requirement of posting a bond or other security; and
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notwithstanding that damages may be readily quantifiable, you
will not plead sufficiency of damages as a defence in any such
proceeding.
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Entire Agreement.
These Terms of Use, including any documents expressly referenced in
these Terms of Use, constitute the entire agreement between the
Company and you pertaining to the subject matter thereof and
supersede all prior communications, proposals, agreements, or
understandings, whether electronic, oral, or written, between you
and the Company with respect to this Site or any Content or Services
or Company Property.
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Headings.
The division of these Terms of Use into Articles and Sections and
the insertion of headings are for convenience of reference only and
will not affect the construction or interpretation of these Terms of
Use. The terms “these Terms of Use”, “hereof”, “hereunder”, and
similar expressions refer to these Terms of Use and not to any
particular Article, Section or other portion of these Terms of Use
and include any agreement supplemental hereto. Unless something in
the subject matter or context is inconsistent therewith, references
in these Terms of Use to Articles and Sections are to Articles and
Sections of these Terms of Use.
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Extended Meanings.
In these Terms of Use, unless the context requires otherwise, words
importing the singular include the plural and vice versa and words
importing gender include all genders and the terms “include” and
“including” will also mean “include without limitation” and
“including without limitation” respectively.
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Statute References.
Any reference in these Terms of Use to any statute or any section
thereof will, unless otherwise expressly stated, be deemed to be a
reference to such statute or section as amended, restated, or
re-enacted from time to time.
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Assignment.
Neither these Terms of Use nor any of the rights or obligations
pursuant hereto may be assigned, transferred, or delegated by you
without the prior written consent of the Company. The Company may
without restriction assign, transfer, or delegate these Terms of Use
and any rights and obligations hereunder, at its sole discretion, to
any person without notice to you.
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Waiver.
The waiver by the Company of a breach or default of any provision of
these Terms of Use by you or any delay or omission on the part of
the Company to exercise or avail itself of any of its rights,
remedies, powers, or privileges will not be effective unless in
writing and will not be construed as a waiver of any succeeding
breach of the same or any other provision of these Terms of Use.
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Severability.
In the event that any provision (or any portion of a provision) of
these Terms of Use will for any reason be held by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for
any reason, such invalidity, illegality, or unenforceability will
not affect any other provision of these Terms of Use and these Terms
of Use will be construed as if such invalid, illegal, or
unenforceable provision (or portion of a provision) had never been
contained in these Terms of Use in regards to that particular
jurisdiction.
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Relationship.
Nothing in these Terms of Use or your use of this Site or any
Content or Services will be deemed to constitute either party hereto
as an agent, representative, or employee of the other party or both
parties as joint venturers or partners for any purpose.
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No Third Party Rights.
These Terms of Use do not and are not intended to confer any rights
or remedies upon any person other than the Company and you.
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Governing Law.
The interpretation, validity, effect, and enforcement of these Terms
of Use, and any and all disputes arising out of or in connection
with these Terms of Use, or in respect of any legal relationship
associated with or derived from these Terms of Use, will be governed
by the laws of the Province of Ontario and the federal laws of
Canada applicable therein without giving effect to any principles of
conflicts of law. For greater certainty, these laws apply to the
access and use of this Site, the Content, the Services and Company
Property by you, notwithstanding your domicile, residency, or
physical location, or the location of the Company office or any
Company personnel with whom you may communicate or deal. The United
Nations Convention on Contracts for the International Sale of Goods
(CISG) or any similar or successor convention or law, will not be
applied to these Terms of Use or any transactions conducted pursuant
to this Site. This Site and the Content are intended for use only in
jurisdictions where they may be lawfully provided for use.
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Forum.
You hereby unconditionally and irrevocably consent and agree to
submit to the exclusive jurisdiction of the courts of the Province
of Ontario in the City of Toronto in any action or proceeding
involving this Site, the Content, the Services, or Company Property
and waive any objection relating to improper venue or forum non
conveniens to the conduct of any proceeding in any such court.
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Jury Trial Waiver.
Each of the Company and you acknowledge and agree that, to the
fullest extent permitted by applicable law, each of you and the
Company waive the right to a trial by jury in respect of any and all
disputes arising from or in connection with these Terms of Use or
the Site.
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No Class Actions or Representative Proceedings.
Each of the Company and you acknowledge and agree that, to the
fullest extent permitted by applicable law, each of the Company and
you waive the right to participate as a plaintiff or class member in
any purported class action lawsuit, class-wide arbitration, private
attorney general action, or any other representative proceeding in
respect of any and all disputes arising from or in connection with
these Terms of Use. Unless and only to the extent otherwise
expressly agreed to in writing by both the Company and you, the
adjudicator of any dispute may not consolidate more than one party’s
claims and may not otherwise preside over any form of any class or
representative proceeding.
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Notices.
Unless and only to the extent otherwise specified by the Company,
any notices or other communications to you permitted or required
under these Terms of Use, will be provided electronically and given
by the Company via e-mail or other electronic notification or
messaging service (including SMS).
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Admissibility.
A printed version of these Terms of Use and of any notice given in
electronic form will be admissible in judicial or arbitral
proceedings based upon or relating to these Terms of Use to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
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Contact Us.
If you have any questions regarding these Terms of Use, please
contact us via e-mail at
contact@b2beematch.com or via the
Contact section of this Site.