User Agreement - JobSite360

JOBSITE360

The cloud software application (the “Application”) known as “JobSite360” (“Jobsite”) is

provided to you by 8650772 Canada Inc. (“we”, “us”, “our”). The Application is comprised of the

website (www.jobsite360.com)(the “Website”) and any associated subdomains or forwarding domains

(including www.jobsite360.com), as well as any successor websites, the Jobsite Bookkeeping Tools

API, associated mobile apps (the “Apps”) and all other services provided by the Application. The

services provided by, or through, the Application shall be referred to as the “Services”.

The Application, and any future versions of the Application, is provided subject to these Terms of Use

and the attached Privacy Policy (collectively the “Terms”). These Terms should be reviewed carefully

before using the Application and its associated Services. Your use of the Application constitutes your

agreement to be legally bound by the Terms and, by accessing or using the Services you acknowledge

you have read and understood the Terms. If you do not understand and agree with the Terms in their

entirety, you may not use the Application and its Services.

Without notice, and at our sole discretion, we may update, change or modify these Terms. Updated

Terms will apply to the use of the Application and its Services from the date of publication on the

Website and on the mobile Apps. We will also make a reasonable effort to notify you of updates to the

Terms via the email address you provide during the creation of your account in the Application. The

date of publication is indicated at the top of the Terms. We recommend you check the Terms regularly

to ensure you are familiar with the current version. Your continued use of the Application and its

associated Services after the publishing of updated Terms will constitute your acceptance in full of the

updated Terms. If you do not agree in full with the updated Terms, you must stop using the

Application and its associated Services immediately.

If you are accepting these Terms on behalf of an employer, corporation, or other entity, you warrant

that you have the required right and authority to agree to these Terms on behalf your employer, the

corporation, or other entity. By accepting these Terms you are legally binding your employer, the

corporation or other entity to these Terms.

By using the Application, you agree that the exclusions and limitations of liability set out in these

Terms are reasonable. If you do not think they are reasonable, you may not use the Application.

The person who creates an account in the Application, whether as an individual, or on behalf of

another company, corporation, or entity, shall be considered the “Account Owner” or “Subscriber” and

shall be responsible for all amounts payable to 8650772 Canada Inc. for that Account Owner’s use of

the Application. In the event there is a dispute over the rights to access an account, we retain the

right to determine, in our sole judgement, and by whatever means we deem appropriate, who is the

rightful owner of the account (Account Owner). We also reserve the right to disable an account until a

resolution between any disputing parties has occurred.

When you sign up for an account in the Application, you are asked for information that is used to

create your account. 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,

Company Name, your 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

Application. You are also responsible for all activity related to your account in the Application and any

charges that may be incurred through the use of your account.

You must be at least 18 years of age to use the Application. By using the Application, and by agreeing

to these Terms, you warrant and represent that you are at least 18 years of age. If it is determined by

us that a Subscriber or Account Owner is under the age of 18, we will terminate that Subscriber’s

license without notice.

Subscribers to the Application and its Services are not entitled to resell or provide the Services in any

other way to anyone else without our expressed written permission, or as permitted through the

Application.

USERS – In some configurations of the Application, the Subscriber may be able to provide secure, and

possibly limited, access to their account by others (including, but not limited to, a Subscriber’s

Customers a Subscriber’s Staff or Employees, Suppliers, or Subcontractors), collectively known as

“Users” of the Subscriber’s account. Without exception, use of the Application and its associated

Services by Users of any kind, shall be subject to these Terms. By using the Application and its

associated Services, the Subscriber acknowledges full responsibility for use of the Application by their

Users. Any breach or infringement of these Terms by Users shall be considered a breach or

infringement by the Subscriber and shall be treated as such as outlined in these Terms. If the

Subscriber does not agree with these Terms and take full responsibility for use of the Application and

its associated Services by their Users as outlined in these Terms, they must cease use of the

Application immediately.

CONTENT - According to these Terms, any type of data, information, mark, design, logo, graphic, or

file of any kind or type, contained within the Application and its associated Services will be deemed

“Content”.

USER CONTENT - Content provided and uploaded to the Application by Subscribers and their Users

shall be referred to as “User Content”. All User Content is the property of the Subscriber and

respective Users. All User Content is used in the Application by 8650772 Canada Inc under limited

license, as described in these Terms. User Content is the sole responsibility of the Subscribers and the

Users who are submitting the User Content to the Application and its associated Services. If the

Subscriber or their Users do not agree to these Terms, they must cease use of the Application

immediately. The Subscriber and Users acknowledge that the Application and its associated Services

allow for the sharing of User Content with others worldwide and that people who have access to User

Content may share, broadcast, save, record, reproduce and transmit this User Content without

compensating the Subscriber or Users who provided the User Content. If the Subscriber or Users do

not wish this to occur, they should not upload their User Content to the Application.

8650772 Canada Inc (JobSite360) has no responsibility or liability for User Content of

any kind and no matter how it is submitted to the Application. We do not control or actively monitor

User Content. As a result, we do not guarantee the accuracy, integrity or quality of such content.

Additionally, 8650772 Canada Inc (JobSite360) shall not be liable in any way for any

loss or damage of any kind incurred as a result of the viewing (by Users or other Viewers) or use of

any materials posted, emailed, transmitted or otherwise made available via the Application.

8650772 Canada Inc (JobSite360) 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 your

User Content and User Data and replacing your content and data in the Application, if required. You

are also fully responsible for the access by, or use, of your User Content by third parties via the

Application as well as obtaining permission from the owners of any copyrighted or personal content of

any kind that you add to the Application. We maintain the right to remove, screen or edit any User

Content at our sole discretion and for any reason, without notice.

APPLICATION CONTENT - Other than User Content, all other content in the Application and its

associated Services, including the JobSite360 API and associated programming code (“Application

Content”), is the property of 8650772 Canada Inc (JobSite360) and is protected by

Canadian and international copyright laws and all rights to such Application Content is expressly

reserved. Intellectual property rights related to the Application and its associated Services are

reserved and are the sole property of 8650772 Canada Inc (JobSite360). All intellectual

property rights related to the service are completely non-transferable without the express written

permission of 8650772 Canada Inc (JobSite360).

All trademarks, product names and company names or logos contained within the Application are the

property of their respective owners and any references to these items within the Application in no way

implies endorsement or recommendation by 8650772 Canada Inc (JobSite360).

USE OF USER CONTENT BY 8650772 CANADA INC - By agreeing to these Terms, you (the Subscriber)

and your Users grant 8650772 Canada Inc (JobSite360) the non-exclusive,

transferable, royalty-free, perpetual, irrevocable, worldwide, right to use, manipulate, copy, transmit,

display, distribute or sublicense your User Content, including, but not limited to, content provided by

your Customers, your Staff or Employees, your Suppliers and your Subcontractors. You grant us the

right to use your User Content as we see fit and/or require (a) in the operation of the Application and

its associated Services; and/or (b) to generate anonymous User statistics according to the terms of

our Privacy Policy. You also warrant you and your Users have complete legal rights to your User

Content and you and your Users have the power and authority necessary to grant the rights granted,

as outlined in these Terms, to any User Content you and/or your Users submit or add to the

Application and its associated Services.

USE OF YOUR SUBMISSIONS, FEEDBACK AND TESTIMONIALS BY 8650772 CANADA INC – We

anticipate receiving communications (“Submissions”, “Feedback”, or “Testimonials”) from people who

have direct or indirect knowledge of the Application and its associated Services. This may take the

form of private or public communications to us via the Application 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, Feedback or

Testimonials to us if you do not agree to these Terms.

ADVERTISING – 8650772 Canada Inc (Jobsite Bookkeeping Tools) may, at its sole discretion and with

no notice or limitations, include advertisements and promotions in the Application. Your business

dealings, or those of your Users, with any third parties who supply advertisements or promotions to

the Application are solely between you and/or your Users and such third parties. 8650772 Canada Inc

(JobSite360) shall not be liable for any loss or damage of any sort related to your

dealings, or those of your Users, with these third parties.

LINKS TO THIRD PARTIES – Your use of links from the Application to third party sites, content or

services are at your, or your Users, sole risk. No endorsement by 8650772 Canada Inc (JobSite360

) is implied by these links. 8650772 Canada Inc (JobSite360) is in no

way liable for losses or damages incurred as a result of interactions of any kind with these third

parties.

UPDATES – JobSite360 is a sophisticated Application that, in an effort to always try to

serve our Subscribers better, is in constant development. For this reason, we may from time to time

need to suspend or discontinue the Application and its associated Services to upgrade or update the

content of the Application and its associated Services. Access to the Application and its Associated

Services may also be suspended or discontinued due to maintenance or other technical issues. We

reserve the right to suspend or discontinue services, at our sole discretion, for any reason, at any time

without notice.

DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS – The Application and its

associated Services is provided on an “As Is” basis, “With All Faults” and “As Available”, without any

representations or warranties, express or implied. We make no representations or warranties in

relation to the Application and its associated Services or the information and materials provided in the

Application and its associated Services. 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 (“User Content” plus “Application Content”) appearing on the Application and its

associated Services could include technical, typographical, or photographic errors. We do not warrant

that any of the Materials in the Application and its associated Services are accurate, complete, or

current. We may make changes to the Materials contained on the Application and its associated

Services at any time without notice. We do not, however, make any commitment to update the

Materials.

We do not warrant that the Application and its associated Services 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.

LIMITATION OF LIABILITY – 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 Application and its associated Services.

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

hereby indemnify 8650772 Canada Inc and the Released Parties and undertake to keep the 8650772

Canada Inc and the Released Parties indemnified against any losses (real or anticipated), 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, including Acts of God beyond the reasonable control of 8650772 Canada Inc, the

Application and its associated Services and 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 three months prior to the date of any claim

($10US maximum if the access to the Application was provided for free).

DISPUTE RESOLUTION – Any disputes relating to these Terms, or your use of the Application and its

associated Services, 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 8650772 Canada Inc (JobSite360) and the Released

Parties for any failure on your part to comply with such local laws.

Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we

may take such action as we deem appropriate to deal with the breach, including suspending your

access to the Application and its associated Services, prohibiting you from accessing the Application

and its associated Services, blocking computers using your IP address from accessing the Application

and its associated Services, contacting your internet service provider to request that they block your

access to the Application and its associated Services 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 Application and its

associated Services.

If any provision of these Terms is, or is found to be, unenforceable under applicable law, that will not

affect the enforceability of the other provisions of these Terms.

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms

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.

These Terms constitute the entire agreement between you and 8650772 Canada Inc in relation to

your use of the Application and its associated Services, and supersede all previous agreements, in

whatever form, in respect of your use of the Application and its associated Services.

If a provision of these Terms 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.

USE OF THE APPLICATION AND ASSOCIATED SERVICES - You may not use the Application and its

associated Services in any way that causes, or may cause, damage to the Application or impairment of

the availability or accessibility of the Application and its associated Services; 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 Application and its associated Services to copy,

store, host, transmit, send, use, publish or distribute any material which we, at our sole discretion,

may deem inappropriate or unacceptable, and/or which may be damaging to the Application or in any

way hamper its use by other Subscribers, or cause harm to other Subscribers. You may not use the

Application and its associated Services to transmit or send unsolicited, inappropriate, or illegal

communications of any kind. Notwithstanding our rights under these Terms 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 Application. As a result of failing to adhere to these Terms, we may disable your

account at our sole discretion, without notice or explanation. When investigating alleged violations of

these Terms, we reserve the right to review your User Content in order to resolve the issue and by

using the Application you agree to these Terms and hereby authorize such a review of your User

Content.

If your bandwidth usage or account storage usage exceeds averages established by other JobSite360

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.

You may not use the Service for anything except its intended purpose. You may not reproduce in any

way the content of the Application and its associated Services without express written permission,

except as outlined in the license below:

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 you violate

the Terms.

The security of your information in the Application and its associated Services is of utmost importance

to us. We will keep your personal information secure using industry-standard SSL (Secure Socket

Layer) protocols to encrypt data transferred between you and the Application and its associated

Services. The Application and its associated Services is also hosted on Amazon servers and, as such,

benefits from the advanced protections they provide as a world-class hosting provider. However,

applications such as JobSite360 are hosted on the Internet, which cannot be

considered a perfectly secure or reliable hosting or operating environment. Your use of JobSite360

, confirms you accept the risks associated with this type of technology and that

there is a risk there could be issues with the reliability and security of an Application that is hosted in

this type of Internet environment.

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. If you do not agree with our

use of cookies, you must cease your use of the Application and its associated Services immediately.

We will communicate with you using the Account Information you provide when you subscribe. We use

MailChimp 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 Application and its associated Services. 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:

JobSite360

17 Greenfield Avenue

Charlottetown, PE

C1A 3M8

Canada