1. START SCIENTIFIC END-USER LICENSE AGREEMENT
The Terms and Conditions in this agreement (the “Agreement”) will govern your (the “User”) access to the Start Technologies Corp website and your use of the data you obtain by use of the Services. Start Technologies Corp grants to the User a non-exclusive right during the term of this Agreement to use the product pursuant to the terms and conditions set out herein.
2. ACCOUNT PASSWORD AND SECURITY
The User is responsible for maintaining confidentiality of its user name and password. Furthermore, the User is entirely responsible for any and all activities that occur under its user name and password. The User is to immediately notify Start Technologies Corp of any unauthorized use of the account or any breach of security.
3. MODIFICATION OF TERMS AND CONDITIONS
Start Technologies Corp may, at any time and at its sole discretion, modify the terms and conditions of this Agreement. Any such modifications will be made available online and will be effective immediately upon posting to Start Technologies Corp’s web site (www.StartScientific.com). The User agrees to assume responsibility for periodically reviewing this Agreement.
4. USAGE RULES
The User represents, warrants, covenants that use of the Services will only be in compliance with this Agreement and all applicable laws.
With regard to website pages, wireless and email campaigns, the User specifically agrees not to:
- Send email to any party who has not given their permission to receive email from the User. The User also acknowledges that it is unlawful to send emails to addresses that were harvested (e.g. obtained from an automated scan of a website) knowingly or unknowingly, and agrees to never send emails to such addresses, and accept any liabilities for misuse. The User understands the repercussions if a complaint or complaints are received.
- Use the services for any unlawful purposes.
- Harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity.
- Send, submit, or publish any sexually explicit images or material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity or any other images or material deemed by Start Technologies Corp to be offensive.
- Send, submit or publish any defamatory, inaccurate, abusive, obscene, profane, or threatening material which is racially or ethnically offensive or which infringes upon the right of any third party as determined by the laws of the Province of Ontario.
- Encourage the use of any controlled substance, transmission of material, information or software in violation of any municipal, provincial or federal law.
- Impersonate any person, including but not limited to, an official of Start Technologies Corp or an information provider, or communicate under a false name or a name that the User is not entitled or authorized to use.
- Upload, post or reproduce in any manner any material protected by copyright without the permission of the copyright owner.
- Send content that promotes or provides instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
- Send content that contains links to web pages that contains nudity, sex, pornography, tasteless images, foul language, hate propaganda, anything illegal, illegal software, serial numbers for unlocking software, mail fraud, pyramid schemes or is otherwise insulting to another person(s).
- Directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to discover source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services of any software, documentation, or data related to the Services. The User also agrees not to remove any proprietary notices or labels from the Services or any software, modify, translate, or create derivative works based on the Services or any software, or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any software. The Services shall be used for the Users own internal business purposes only.
- Remove or export from Canada or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restriction, laws or regulations of Canada or any other country.
In the event that the User violates one of the above usage rules, or for any other reason deemed appropriate by Start Technologies Corp, Start Technologies Corp reserves the right to suspend or terminate, with or without notice, access to the User’s account and all related data. Start Technologies Corp also reserves the right to modify the User’s data with email notice provided to the User within one business day.
5. USE AND STORAGE
On behalf of the User, Start Technologies Corp has obtained server space at commercial service providers. The amount of disc space allocated and the size and number of web page(s) and / or email campaign(s) to be hosted or sent from these servers are outlined in the terms of the contract. Start Technologies Corp has no responsibility or liability for the deletion or failure to store any web page, messages, web content or other information maintained, hosted or transmitted through the Services.
Start Technologies Corp has access to information stored on these servers including how it is used, when and how often campaigns are sent, web usage, data and analytics. Start Technologies Corp requires this access to monitor usage and for billing purposes.
More information on pricing plans is available. Please contact Sales at Start Technologies Corp@shaw.ca
6. OWNERSHIP OF PROPRIETARY INFORMATION
The User acknowledges and agrees that the Services and Start Technologies Corp logos and trade names are the property of Start Technologies Corp or are provided under licence by its affiliates or suppliers. User also acknowledges that Start Technologies Corp owns and/or has all requisite rights in and to any software necessary to provide the Services under this Agreement.
“Start Technologies Corp” and the Start Technologies Corp logo are trademarks of Start Technologies Corp. All other marks that appear throughout the Services are the property of their respective owners. The User fully understands and acknowledges that they are not granted any right or license whatsoever to use any of the marks and logos owned by Start Technologies Corp or of any such other entity, and that all such use of any of the marks appearing throughout the Services is strictly prohibited without prior written consent of Start Technologies Corp.
The User understands that the Start Technologies Corp website also contain or may contain copyrighted or other proprietary materials of Start Technologies Corp, its sponsors, advertisers or other third parties. The User understands and acknowledges that, except as strictly necessary for personal viewing and use of the Services or the Start Technologies Corp website by means of a standard Internet browser (such as Microsoft Internet Explorer and Netscape Navigator), the User is not granted any right or license to use, link to, reproduce, reverse engineer, modify, duplicate, distribute, display or perform any such copyrighted materials used or displayed on this website or to permit others to do the same, and that all such uses are prohibited without the prior written consent of Start Technologies Corp.
7. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND THE INFORMATION ARE PROVIDED BY START SCIENTIFIC ON AN “AS IS” BASIS, AND START SCIENTIFIC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT TO THE SERVICE, INFORMATION OR PRODUCTS.
IN NO EVENT WILL START SCIENTIFIC BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED ON THE WEBSITE. IN PARTICULAR, START SCIENTIFIC WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF START SCIENTIFIC’S SERVICES, ITS WEBSITE OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
START SCIENTIFIC, ITS AFFILIATES ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE SERVICE, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR TORT, WILL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES FOR SERVICES PAID BY THE USER TO START SCIENTIFIC WITH RESPECT TO ANY SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO ANY SUCH CLAIM(S).
This Agreement may be terminated by Start Technologies Corp at any time; and by the User upon prior written or email notice to Start Technologies Corp. The termination of the Agreement by either party will not affect (i) the User obligation to pay the charges incurred for the Services consumed, or (ii) Start Technologies Corp’s responsibility to return the User’s funds for the Services not consumed in the event that the User has prepaid for the Services for a period greater than one month. All terms of this Agreement which by their nature survive termination, will survive termination, including without limitation, ownership, warranty disclaimers and limitations of liability.
Upon termination by Start Technologies Corp, the User’s right to use the Services will terminate immediately. The User acknowledges and agrees that Start Technologies Corp may remove the User’s files and information at its sole discretion.
The User acknowledges that the software, algorithms and other processes used to provide the Services, the content (other than content owned by the User or any third party), User names, passwords, look, feel and functionality of the services are the property of Start Technologies Corp or in the case of the Services being offered under licence by Start Technologies Corp’s partners (under approved and valid distribution agreements), the property of Start Technologies Corp’s partners.
These terms and conditions represent the complete, final and exclusive agreement between Start Technologies Corp and the User, and supersede and merge all prior oral, written or electronically transmitted agreements, representations and understandings between Start Technologies Corp and the User.
The laws of the Province of Ontario will govern this Agreement. If one or more provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein.