Terms of Service
Last Updated: February 1, 2020
These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet websites owned and operated by Netmechanics Inc. (“Netmechanics”, “we”, “our” or “us”) located at Thecybersavvystartup.com, Netmechanics.ca, (the “Site”) and the services available thereon. This Agreement forms a legally binding contract between you and Netmechanics.ca. Please review this Agreement carefully.
If you do not agree to this Terms of Service, you should not continue to set up your account on thecybersavvystartup.com or any of the related sites mentioned above.
1. Ability to Use the Site and Services
The Site and the Services are available to users who have reached the legal age of majority in their jurisdiction, and are not under the age of 13. By using the Site or the Services, you represent and warrant that you meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Site or Services. In order to use the Site or the Services, you must have reached the legal age of majority in your jurisdiction of residence or otherwise be legally eligible to be bound by this Agreement (e.g., by being an emancipated minor), and you must be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it. If you are under the age of 13 or are not of the age of majority or otherwise legally eligible to be bound by this Agreement, you may not use the Site or the Services.
2. Your Profile Information and Account
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address, allows you to access the Services. That e-mail address and password, together with any or other user information you provide, form your “Profile Information” and allow you to access your account (“Account”). You agree to provide true, accurate, current and complete information about yourself and to immediately provide updated information as your circumstances change. You may not misrepresent your Profile Information.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying us immediately.
By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change your e-mail address, as appropriate.
3. Submission of Content
The Site and the Services available thereon enable you to provide or upload content, including but not limited to text, images, video, data, and other information or content (collectively, “Content”), to us for the purpose of providing the Services. You acknowledge and agree that you are solely responsible for all Content you submit, provide or upload and any consequences of submitting, providing or uploading it.
We will use Content you upload in connection with providing the Services to you, to maintain and operate the Site, to cooperate with any governmental investigation or as required by law or legal or administrative process, and to protect the rights and property of Startups.com, its users and other third parties.
You represent and warrant that you own your Content, or have all the necessary licenses, rights, consents and permissions to grant the license set forth herein, and that its provision to us or our use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
WE HAVE NO RESPONSIBILITY FOR AND NO OBLIGATION TO MONITOR FOR APPROPRIATENESS, AND DOES NOT RECOMMEND OR ENDORSE, ANY CONTENT POSTED OR UPLOADED BY USERS ON THE SITE.
We retain the right to use or distribute any Aggregated Data generated by our customers or users. “Aggregated Data” means records which have been stripped of information potentially identifying Site users, and which have been manipulated or combined to provide generalized, anonymous information. Aggregated Data will not disclose you as the source or subject of the information.
4. Intellectual Property Rights
All right, title, interest and ownership and intellectual property rights in and to the trademarks and the Site, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, other than user Content, are and will remain the property of Startups.com or its software or content suppliers. The Site is protected under Canada, United States and international copyright, trademark and other laws and treaties.
Subject to the terms and conditions of this Agreement, we grant to you, during the term of this Agreement, a personal, non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access the Site and use the Services that are subject to a valid Subscription.
You acknowledge that any ideas, suggestions, concepts, processes or techniques (other than your Content) which you provide to us related to the Services, the Site or Startupsl.co or its business (“Feedback”) shall become our property without any compensation or other consideration payable to you by us, and you do so of your own free will and volition. We may or may not, in its sole discretion, use or incorporate the Feedback (in whatever form or derivative we may decide) into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to us in any Feedback and, as applicable, waive any moral rights.
We own any test results, data information and other output (other than your Content) generated by your use of the Site and/or the Services during the term of this Agreement. You may not disclose to any third party any test results or performance information regarding the Site or the Services, whether generated by you, us or a third party, except where expressly permitted.
5. Confidential Data
You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from us during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any non-public information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs, technical documentation and data, and inventions, discoveries, and improvements of any kinds.
6. Acceptable Use and Conduct
You agree that that you will not publish or make available any Content that (or promotes or links to content or materials that), use the Site in a manner that, or use information obtained from the Site (including email addresses) in a manner that:
- infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
- contains software viruses, Trojan horses, worms, Easter eggs, spyware, malware, or any other computer code, files or programs that are designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that are designed to access, disclose, monitor or destroy data without authorization;
- is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy; collects personally identifiable information from children under the age of thirteen (13);
- is harmful to minors in any way;
- is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by us;
- impersonates a Netmechanics Inc employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, for any reason, including to obtain access to the Site or a portion thereof without proper authorization;
- interferes or attempts to interfere with the proper working of the Site or prevents others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site, or inadvertently or intentionally disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or any other site or system in use by another user of the Site;
- uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or the information or content contained therein (including any form of e-mail address harvesting);
- facilitates the unlawful distribution of copyrighted Content;
- licenses, sublicenses, rents or leases the Services to third parties, uses the Services for third party training, commercial time-sharing or service bureau use, or otherwise makes the Services available to third parties or commercially exploits the Services;
- includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers, in order to disguise the origin of Content transmitted through the Site to users;
- constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests (including, without limitation, any form of spamming);
- stalks or otherwise harasses anyone on the Site or with information obtained from the Site;
- collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
- requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site for the purposes of automating logins to the Site;
- attempts to gain unauthorized access to the computer systems of the Site or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
- contains adult or pornographic Content;
- decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services or any other technology, or that merges or combines any such software or technology with any other data or materials to form a new product or service;
- copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivative works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site;
- accesses the Site for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site;
- accesses the Site for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
- accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach of security to the Site; (ii) interfering with the proper working, functionality or performance of the Site; or (iii) preventing others from accessing or using the Site; or
- promotes any business or business activity other than the launch of the business that is the stated purpose of your launch page (including creating a launch page for a fictitious business, product, service or event in order to create a marketing list by collecting email addresses).
7. Disclaimer of Warranties
YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
WE DISCLAIM ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, THE FAILURE OF THIRD-PARTY SERVICE PROVIDERS, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT WE, IN OUR SOLE DISCRETION, MAY ELECT TO TAKE, AS WELL AS THE MALICIOUS ACTIONS OF HACKERS AND OTHER THIRD PARTIES. WE MAKE NO GUARANTEE REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITE, (B) THE RESPONSE TO OR DEGREE OF INTEREST IN YOUR BUSINESS PLAN; OR (C) THE COMPATIBILITY OF YOUR SOFTWARE, HARDWARE OR CONTENT WITH THE SITE.
WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY STARTUPS.COM, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY US.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE. WE DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE SITE IS OFFERED AND CONTROLLED BY STARTUPS FROM ITS FACILITIES IN THE UNITED STATES. STARTUPS MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
8. Third Party Sites and Content
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under our control, and you acknowledge that we are not responsible or liable for any third party content, products or services, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content, products or services or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by us or any association with its operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.
9. Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, SHALL NETMECHANICS INC., ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OWNERS, INVESTORS, CONTRACTORS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, LICENSORS, SUPPLIERS, CUSTOMERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE SITE, OR FOR ANY DIRECT DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY SUBSCRIPTION EXCEEDING THE LESSER OF: (A) $100; AND (B) THE TOTAL AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY AS PROVIDED IN THIS PARAGRAPH, OUR LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED BY ANY THIRD PARTIES OTHER THAN US AND RECEIVED BY YOU THROUGH THE SITE. YOU ALSO AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS, THE PRESENCE OF SUCH ADVERTISERS ON THE SITE, OR ANY CONTENT OR SERVICES RECEIVED BY YOU ON ANY THIRD PARTY SITES.
We reserve the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, we may at any time, with or without notice, suspend or terminate your Account and your ability to access the Services and your Content and data, if we, in our sole and absolute discretion, believes that you have violated the terms of this Agreement or applicable law or that you are engaging in activity that may harm the Site, us, our reputation, our customers or users, or other third parties; in such event, we may immediately delete your Content and data. We shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension, termination, discontinuance or deletion.
You agree to indemnify, defend, and hold harmless Netmechanics Inc., its affiliates and its and their respective owners, investors, contractors, officers, directors, members, managers, partners, shareholders, licensors, suppliers, customers, employees, agents, third-party advertisers, technology providers and service providers from and against any loss, damage, cost, or liability (including, reasonable attorneys’ fees) resulting from or relating in any way to a third-party claim, demand, action or proceeding that arises out of this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content (including without limitation your Content and any third party Content) forming part of the Site; (b) your breach or alleged breach of this Agreement; (c) your violation of any rights, including intellectual property rights, of a third party; (c) your violation or alleged violation of any laws; or (d) your use or exploitation of any information obtained from the Site (including, without limitation, any use or transfer of e-mail addresses in violation of CAN-SPAM or other anti-spam laws and regulations). We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Netmechanics Inc. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. Cancellation and Termination
We reserve the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Notice of termination will be provided to the e-mail address you currently have on file with us. We also reserve the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the United States. We reserve the right to terminate any portion of the Site at any time, for any reason, with or without notice.
If there is any dispute between you and us about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of Canada and of the Province of Ontario, without regard to its conflict of law provisions. You hereby consent to the exclusive jurisdiction and venue of the provincial and federal courts located in Ontario with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided, however, that we may seek and obtain injunctive relief in any jurisdiction.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages or the necessity of posting bond.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Any waiver of our rights or remedies, or of any breach of this Agreement, must be in writing and signed by us.
The sections of “Submission of Content”, “Intellectual Property Rights”, “Digital Millennium Copyright Act”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Limitation of Liability”, “Indemnity” and “Miscellaneous” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.
If we made a mistake somewhere, we’ll work with you to quickly resolve the matter. The Site does not offer refunds outside of an internal error.
Under no circumstances shall the Site or its affiliates be held responsible for overdraft charges incurred from your financial institution as a result of any purchases or renewals through or in connection with our websites. It is the sole responsibility of you as a customer to ensure “overdraft fees,” “overage fees,” or “overlimit” or any other fees from your financial institution do not occur by taking the necessary action to avoid them. Furthermore, Startups.com is not liable for any fees incurred due to billing errors.
Subscriptions are billed on an annual basis. Your credit card will be debited the full purchase amount on the date of your purchase. For an annual plan, the subsequent renewals will be billed annually, until your annual Subscription is cancelled. We will not refund “unused” portions of a Subscription.
A user may receive a refund of his/her initial signup payment if and only if they cancel the applicable paid service within 3 calendar days of account creation.
No other refunds or credits for any paid Site service are provided by the Site, unless otherwise required by law.
You may contact us by email at firstname.lastname@example.org or by mail at:
Attn: Terms of Service
270 George St N.
Copyright © 2020 Netmechanics Inc. All rights reserved.