[Last updated on June 3, 2016]
CAMPAIGN GEARS LTD. ("Campaign Gears", "we", "us" and terms of similar meaning) provide the Services, including access to the Application subject to these terms and conductions of use (these "Terms"). An updated copy of these Terms will be available through the Application and on www.campaigngears.com (the"Site").
Throughout these Terms, we will refer to the Campaign Gears web application and any additional software we will provide as the “Application”. We refer to the services provided by the Application and on the Site as the "Services". All users of the Services are called “Users”. Content on the Application, including all text, information, data, logos, marks, designs, graphics, pictures and other files, and their selection and arrangement, is called “Content”.
Please read through these Terms carefully before using the Application. By using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.
1. Campaign Gears Services
The Campaign Gears Contact Your Legislator Tool is a web application made available on the Site or on third party host sites (“Host Sites”) that permits Users to input their address information, identify their riding and trigger a contact method to their local representative.
In addition to the Application, Campaign Gears may provide additional services through the Site.
The Services are not intended to be used by children. You must be at least eighteen (18) years of age to use the Services.
3. Accurate Information
To use the Application, you will be required to input the information requested from registration forms on the Application (“User Data”). Accurate, current and complete information is required to ensure proper functionality of the Application.
4. Ownership, Copyright and Trademarks
All Content and any other software used to create and operate the Services is the property of Campaign Gears or its licensors, and is protected by Canadian and international copyright laws, and all rights to Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Application are the property of their respective owners.
5. License to Use the Application and License Restrictions
Campaign Gears grants to you a revocable, non-exclusive, non-sublicensable license to use the Application, access the Services and to view the Content available to you through the Services (“License”).
Other than as expressly permitted in these Terms, the Content and the License are subject to the following restrictions and account terms:
6. Security of the Application
To ensure reliability and to protect the User Data, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, all Content and information on the Application is encrypted using SSL certificates.
However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Application, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.
7. Warranty Disclaimer
THE APPLICATION, THE CONTENT AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM CAMPAIGN GEARS OF ANY KIND, EITHER EXPRESS OR IMPLIED. CAMPAIGN GEARS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CAMPAIGN GEARS DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION, CONTENT OR THE RESULTS OBTAINED FROM THE APPLICATION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE APPLICATION, THE CONTENT OR ANY PORTION THEREOF.
WHILE CAMPAIGN GEARS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE APPLICATION SAFE, CAMPAIGN GEARS DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Campaign Gears, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Application or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content or results obtained from your use of the Application, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Application. You use the Application at your own risk.
Without limitation of the foregoing, neither Campaign Gears nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Application or the Content, including without limitation any damages caused by or resulting from your reliance on the Application or other information obtained from Campaign Gears or any other Released Party or accessible via the Application, or that result from mistakes, errors, omissions, interruptions, deletion of data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Campaign Gears, any User, or any other Released Party's records, programs or services.
In no event shall the aggregate liability of Campaign Gears, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Application or the Services exceed any amount paid by you for access to the Application or Services during the three months prior to the date of any claim, if any.
You shall defend, indemnify and hold harmless Campaign Gears and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Application and from the use of the Application by any person to whom you give access to your account.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in Section 12 below) may be provided by a posting on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
10. Applicable Law and Venue
The Application is controlled by Campaign Gears Ltd. and is operated by it from its offices in Toronto, Ontario. You and Campaign Gears both benefit from establishing a predictable legal environment in regard to the Application. Therefore, you and Campaign Gears explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Application will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Application or Content; (c) oral or written statements relating to these Terms or to the Application; or (d) the relationships that result from these Terms or the Application or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Campaign Gears related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Campaign Gears. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Application from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Campaign Gears and the other Released Parties for your failure to comply with any such laws.
11. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Campaign Gears reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Application, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Application or Content; (c) change, suspend or discontinue any aspect of the Application or Content; and (d) impose limits on the Application or Content.
If these Terms expire or terminate for any reason, Sections 7, 8, 10, 11, 12 and 13, and any representation or warranty you make in these Terms, shall also survive indefinitely.
12. Modification of Terms
Campaign Gears reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will update the Terms on the Site. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Application after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Application. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Application. If you have any questions about the Terms, please email us at the contact address below.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Campaign Gears may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Campaign Gears, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Campaign Gears regarding your use of the Application, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Campaign Gears regarding your use of the Application. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
Questions and Comments
If you have any questions regarding these Terms or your use of the Application, please contact us here:
Campaign Gears Ltd.
54 Osler Street
Toronto, ON M6P 4A2