Terms of Use
Website Terms of Use
The {{sCore.getSiteName()}} website located at {{sCore.getSiteName()}} is a copyrighted work belonging to Yellowjacket Software Ltd. (Yellowjacket). Certain features of the website may be subject to additional guidelines, terms, or rules, which will be posted on the website in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use (Terms) describe the legally binding terms and conditions that oversee your use of the website. BY LOGGING INTO THE WEBSITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE WEBSITE.
These Terms require the use of arbitration section (see below) to resolve disputes and also limit the remedies available to you in the event of a dispute.
Access to the website
Subject to these Terms: Yellowjacket grants you a non-transferable, non-exclusive, revocable, limited license to access the website solely for your own personal, non-commercial use.
Certain Restrictions: The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the website; (b) you shall not change, 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; 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 of the website shall be subject to these Terms. All copyright and other proprietary notices on the website must be retained on all copies thereof.
Yellowjacket reserves the right to change, suspend, or cease the website with or without notice to you. You approve that Yellowjacket will not be held liable to you or any third party for any change, interruption, or termination of the website or any part of the website.
No Support or Maintenance: You agree that Yellowjacket will have no obligation to provide you with any support in connection with the website.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the website and its content are owned by Yellowjacket or Yellowjacket's suppliers. Note that these Terms and access to the website do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Yellowjacket and its suppliers reserve all rights not granted in these Terms.
User Content
User Content: User Content means any and all information and content that a user submits to the website. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Yellowjacket Because you alone are responsible for your User Content, you may expose yourself to liability. Yellowjacket is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to Yellowjacket an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the website. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our Acceptable Use Policy:
You agree not to use the website to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the website 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; (iii) use the website to harvest, collect, gather or assemble information or data regarding other users 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, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the website; or (vi) use software or automated agents or scripts to produce multiple accounts on the website, or to generate automated searches, requests, or queries to the website.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with the Term and Termination section of this document, and/or reporting you to law enforcement authorities.
If you provide Yellowjacket with any feedback or suggestions regarding the website, you hereby assign to Yellowjacket all rights in such feedback and agree that Yellowjacket shall have the right to use and fully exploit such feedback and related information in any manner it believes appropriate. Yellowjacket will treat any feedback you provide to Yellowjacket as non-confidential and non-proprietary.
You agree to indemnify and hold Yellowjacket and its officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the website, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Yellowjacket reserves the right 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 Yellowjacket; Yellowjacket will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Content
Third-Party Links and Ads: The website may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links and Ads are not under the control of Yellowjacket, and Yellowjacket is not responsible for any Third-Party Links and Ads. Yellowjacket provides access to these Third-Party Links and Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links and Ads. You use all Third-Party Links and Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links and Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
Other Users: Each website user is solely responsible for any and all of their own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Yellowjacket will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other website user, we are under no obligation to become involved.
You hereby release and forever discharge the Yellowjacket and our officers, employees, agents, successors, and assigns 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 arises directly or indirectly out of, or that relates directly or indirectly to, the website. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states:a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Cookies and Web Beacons: Like any other website, Yellowjacket uses cookies. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.
Disclaimers
The website is provided on an 'as-is' and 'as available' basis, and Yellowjacket and our suppliers expressly disclaim 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. We and our suppliers make not guarantee that the website will meet your 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. If applicable law requires any warranties with respect to the website, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall Yellowjacket or our suppliers be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or incapability to use the website even if Yellowjacket has been advised of the possibility of such damages. Access to and use of the website is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty Canadaian dollars (CDN $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination: Subject to this Section, these Terms will remain in full force and effect while you use the website. We may suspend or terminate your rights to use the website at any time for any reason at our sole discretion, including for any use of the website in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the website will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Yellowjacket will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, many of the provisions of these Terms will remain in effect.
Copyright Policy
Yellowjacket respects the intellectual property of others and asks that users of our website do the same. In connection with our website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online website who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us and/or by prominently posting notice of the changes on our website. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the changes on our website. These changes will be effective immediately for new users of our website. Continued use of our website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Arbitration: If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of these Terms, the Parties agree to resolve the dispute by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. The parties agree that the Canadian Arbitration Association Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Calgary, Alberta and shall proceed in accordance with the provisions of the Arbitration Act in Alberta. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Electronic Communications: The communications between you and Yellowjacket use electronic means, whether you use the website or send us emails, or whether Yellowjacket posts notices on the website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Yellowjacket in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Yellowjacket provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms: These Terms constitute the entire agreement between you and us regarding the use of the website. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word 'including' means 'including without limitation'. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will 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. Your relationship to Yellowjacket is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Yellowjacket's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Yellowjacket may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Your Privacy: Please read our Privacy policy for more information.
Copyright and Trademark Information: All trademarks, logos and service marks displayed on the website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Us
Please email us if you have any questions about our Terms of Use.