TERMS AND CONDITIONS AND PRIVACY POLICY – As of October 20, 2017

The cloud software service known as “JobSite 360” (the “Service”) is provided to you by 8650772 Canada Inc. (“we”, “us”, “our”) and includes this website (www.jobsite360.com) (the Website) and its associated mobile software application (the “App”) known as “JobSite 360”.

The Service, and any future versions of the Service, is provided subject to these Terms and Conditions. These Terms and Conditions should be reviewed carefully before using the Service. Your use of the Service constitutes your agreement to be legally bound by the Terms and Conditions. If you do not agree with the Terms and Conditions in their entirety, you may not use the Service.

By using the Service, you agree that the exclusions and limitations of liability set out in these Terms and Conditions are reasonable. If you do not think they are reasonable, you may not use the Service.

You must be at least 18 years of age to use the Service.  By using the Service, and by agreeing to these Terms and Conditions, you warrant and represent that you are at least 18 years of age.

Users of the Service are not entitled to resell or provide them in any other way to anyone else without our expressed written permission, or as permitted through the Service.

Without notice, and at our sole discretion, we may update or change these Terms and Conditions. Updated Terms and Conditions will apply to the use of the Service from the date of publication on the Service (Website and the App). The date of publication is indicated at the top of the Terms and Conditions. We recommend you check the Terms and Conditions regularly to ensure you are familiar with the current version. Your continued use of the Service after the publishing of updated Terms and Conditions will constitute your acceptance in full of the updated Terms and Conditions. If you do not agree in full with the updated Terms and Conditions, you must stop using the Service immediately.

When you sign up for an account with the Service, you are asked for information that is used to create your account on the Service. It is your responsibility to ensure this information is complete and correct. It is also your responsibility to update this information as required should any of the information change over time. You are responsible for the security of this information, including, but not restricted to, the unique JobSite 360 URL for your Company, Company Name, your Email, and your Password. You are solely responsible for any risks or damages related to unauthorized access to your account or your information contained in the Service. You are also responsible for all activity related to your account on the Service and any charges that may be incurred through the use of your account.

You may not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You may not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which we, at our sole discretion, may deem inappropriate or unacceptable. You may not use the Service to transmit or send unsolicited, inappropriate, or illegal communications of any kind. Notwithstanding our rights under these Terms and Conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the Service. As a result of failing to adhere to these Term and Conditions, we may disable your account at our sole discretion, without notice or explanation.

If your bandwidth usage or account storage usage exceeds averages established by other JobSite 360 users (as determined solely by us and at our sole discretion), we reserve the right to disable your account without notice, or to throttle down your account hosting services, until the issue is resolved to our sole satisfaction.

According to these Terms and Conditions, any type of data, information, or file added or uploaded by a customer to the service will be deemed “User Content”. User Content is the property of the User.

All other components and content of the services are the property of JobSite 360 and are protected by copyright.

JobSite 360 has no responsibility or liability for User Content, or for the loss, for any reason, of User Content. You are solely responsible for maintaining copies of user data and replacing the data on the service, if required.

By agreeing to these Terms and Conditions, you grant JobSite 360 the right to use or manipulate, as we see fit and require, your User Content. This right is royalty-free and transferable. You warrant you have complete legal rights to your User Content.

Intellectual property rights related to the Service are reserved and are the sole property of JobSite 360. All intellectual property rights related to the service are completely non-transferable without the express written permission of JobSite 360.

You may not use the Service for anything except its intended purpose. You may not reproduce in any way the content of the Service without express written permission, except as outlined in the license below:

You may view, download for caching purposes only, and print pages or pre-formatted reports from the Service for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions. 

You must not:

·       republish material from the Service (including republication on another website or service);

·       sell, rent or sub-license material from the Service;

·       show any material from the Service in public;

·       reproduce, duplicate, copy or otherwise exploit material on the Service for a commercial purpose;

·       edit or otherwise modify any non-user content on the Service; or

·       redistribute material from the Service except for content specifically and expressly made available for redistribution.

 

Where content is specifically made available for redistribution, it may only be redistributed within your organization, or to your own customers.

Failure to adhere to the terms of this license will result in the immediate termination of this license and your account on the service will be disabled.

Your use of links from the Service to third party sites (including advertisers on the Service) and third party content or services (including content and services offered by advertisers) are at your sole risk. No endorsement by JobSite 360 or the Service is implied by these links. JobSite 360 is in no way liable for losses or damages incurred as a result of interactions of any kind with these third parties.

The Service is provided “as is” without any representations or warranties, express or implied.  We make no representations or warranties in relation to the Service or the information and materials provided in the Service.  Additionally, we disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

The materials appearing on the Service could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Service are accurate, complete, or current. We may make changes to the materials contained on the Service at any time without notice. We do not, however, make any commitment to update the materials.

We do not warrant that the service will meet your specific requirements. We do not warrant the service will be uninterrupted, timely, or secure. It is possible all or some of your User Content could be lost.

Nothing in the Service constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or business matter you should consult an appropriate professional.

You use the Service and its content at your own risk.

Under no circumstances shall we, our employees, suppliers, affiliates, subsidiaries, advertisers, contractors, sub-contractors, or other partners, any of their successors or assigns, or any of their respective officers, directors, agents, or employees (the “Released Parties”), be liable (whether under the law of contact, the law of torts, or otherwise) for any damages (including, without limitation, damages for business interruption, or any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data related to your use, or inability to use, for any reason whatsoever, the Service.

These limitations of liability apply even if we have been expressly advised of the potential loss.

You hereby indemnify the Released Parties and undertake to keep the Released Parties indemnified against any losses, damages, costs, liabilities or expenses resulting from your use (or use by your employees, use by your customers, or use by anyone who you have given access to your account), or inability to use, under any circumstances, the Service and its content.

Our aggregate liability, under any circumstances, shall not ever exceed any compensation paid by you for access or use of the Service and its content during the six months prior to the date of any claim.

We anticipate receiving communications (“Submissions”) from people who have direct or indirect knowledge of the Service. This may take the form of private or public communications to us via the Service itself, or otherwise. These Submissions may be solicited by us, or they may be unsolicited. The Submissions may take the form of comments, ideas, suggestions, patents, concepts, designs and the like. By sending these Submissions, you acknowledge that we can use, without restriction and in any manner we choose, the content of these Submissions without acknowledgement or compensation to you, and you waive all rights you may have related to these Submissions. Do not send Submissions to us if you do not agree to these terms.

Any disputes relating to these Terms and Conditions, or your use of the Service, shall be governed by the laws of the Province of Prince Edward Island and the federal laws of Canada. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. You are always solely responsible for compliance with local laws and you agree to indemnify the Released Parties for any failure on your part to comply with such local laws.

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, to change, impose limits on, suspend, or discontinue any aspect of the Service.

If any provision of these Terms and Conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms and Conditions.

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

These Terms and Conditions constitute the entire agreement between you and 8650772 Canada Inc in relation to your use of the Service, and supersede all previous agreements, in whatever form, in respect of your use of the Service.

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Privacy Policy

Your privacy is very important to us.

We will never sell your information to anyone.

Unless you specifically request it, or agree to it in advance, will never share your user data with others unless it is in an anonymous and aggregated (grouped with other user data) form. The only exception to this is in the case of special circumstances – such as to comply with subpoenas, or when your violate the Terms of Service.

We will keep your personal information secure using industry-standard SSL (Secure Socket Layer) protocols.

We will keep track of how users navigate the Service using website cookies. We do this to facilitate analysis of site use and in an effort to make the Service better over time.

We will communicate with you using the Account Information you provide when you subscribe. We use iContact email software for email communications. You are able to unsubscribe from this service at any time.

Without notice, and at our sole discretion, we may update or change the Privacy Policy. The date of publication will be included at the top of the Privacy Policy. The updated Privacy Policy will apply to the use of the Service from the date of publication on the Service (Website and the App). We recommend you check the Privacy Policy regularly to ensure you are familiar with the current version. Your continued use of the Service after the publishing of the updated Privacy Policy will constitute your acceptance in full of the updated Privacy Policy. If you do not agree in full with the updated Privacy Policy you must stop using the Service immediately.

Your use of the Service constitutes your agreement to be legally bound by the current Terms and Conditions and the Privacy Policy.

 

If you have any questions, please contact us:

JobSite 360
17 Greenfield Avenue
Charlottetown, PE
C1A 3M8
Canada
902-629-9671
peterrdouglas@gmail.com