Terms and Conditions
By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and www.activelinksoftware.com in relation to your use of the Website and/or the Services and apply to all users of the Services, whether registered or not, on the Website.
Users are hereinafter referred to as “You, Users.” As used in this Agreement, "www.activelinksoftware.com", "we," "us," and "our" shall mean Active Link Software and its subsidiaries and affiliates. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Active Link Software for its services or otherwise.
We may, at our sole discretion, modify or revise these Terms and Conditions and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although Active Link Software may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically check our Terms and Conditions to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits hereunder.
Active Link Software may review and delete any User Content that, in its sole judgment, violates these Terms and Conditions, applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of Active Link Software. The Active Link Software reserves the right to expel Users and prevent their further access to Active Link Software for violating the Terms and Conditions or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms and Conditions, abusive, illegal, or disruptive.
Account shall mean the Account created by the User on the Active Link Software website or on App.
Applicable Laws shall mean and include all applicable statutes, enactments, acts of legislature or parliament, provincial laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Canada.
App means the Software which can be operated and/or installed on the mobile device or computer.
Representative is an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, and attorney associated with the Active Link Software.
Content means report text, web chat, graphics, emoji's, images, music, Software, audio, video, information or other materials.
Collective Content means User Content and Active Link Software's Content.
Domain means all domains owned and operated by Active Link Software. Including but not limited to the parent domain www.activelinksoftware.com and all subdomains.
Account Registration
By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your Account; and (iii) promptly provide notice to Active Link Software if you discover or otherwise suspect any security breaches related to the Services.
We allow You to open only one Account in association with the Registration Data provided by You.
You agree and accept that all of the information you provide to Active Link Software when setting up your User Account and at any other time shall be true, correct, complete and accurate in all respects.
Ownership and Intellectual Property
Active Link Software owns all rights, including intellectual property rights, in the source code, object code or underlying structure, ideas or algorithms, API, and any additional App/Software, documentation or data related to the Services ("App"). You will not, directly or indirectly, via a third party or otherwise: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the App; (b) modify, translate, or create derivative works based on any App; (c) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to any App; (d) use any App/Software for timesharing, service bureau purposes, or otherwise for the benefit of a third party; or (e) remove any proprietary notices or labels.
If you are a User, Active Link Software, has no proprietary rights in any work you produce as part of completing any task.
This Website and all content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trademark and other intellectual property laws of Canada.
You acknowledge and agree that Active Link Software owns, controls or is licensed all legal rights, title and interest in and related to the Website, including all intellectual property rights. You may not:
modify or copy the idea of trade, layout or appearance of the Website or of App or code contained in the Website/App; and/or
decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website/App.
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at info@activelinksoftware.com.
Obligations Of The Content
Active Link Software allows you to upload, submit, store, send and receive content. Your content remains yours. We do not claim ownership in any of your content, including any text, data, information, and files that you upload, share, or store in your Account.
You acknowledge and agree that you are solely responsible for your own content, uploaded, posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all content that you upload, e-mail or otherwise make available via the Service. In connection with such content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website. You are solely responsible for the development, content, operation, maintenance, and use of your data. Furthermore, you are responsible for properly configuring and using the Service and taking your own steps to maintain the appropriate security of your data.
Payment
The Services are available under subscription plans of various durations. Payments for subscription plans can be made only by credit card. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the credit card last used by you. We provide you with the option of changing the details if you would like the payment for the renewal to be made through a different credit card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. Payment for a subscription, shall be non-refundable, that is there will be no refunds, full or partial.
For instance, if you cancel your subscription before it ends, you will still be responsible for paying any applicable fees for the remainder of the selected subscription period. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities; you are responsible for paying any such applicable tax.
You acknowledge that the amount billed for the subscription may vary for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your Account, or changes in the amount of applicable sales tax, and you authorize us to bill you for such varying amounts.
From time to time, we may change the price of any Service or charge for the use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
By registering for a subscription, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your subscription Account. In consideration of the availability, and your use, of a subscription, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant subscription Description, (b) that you are solely responsible for all acts or omissions that occur through your subscription Account, and (c) that Active Link Software reserves the right to suspend or terminate your subscription Account and your use of a subscription at any time, including without limitation, where Active Link Software has determined, in its sole discretion, that your use of the subscription is, or was, in breach of these Terms and Conditions. Any such termination by Active Link Software shall be in addition to and without prejudice to such rights and remedies as may be available to Active Link Software, including injunction and other equitable remedies. Your ability to use the subscription is also subject to any limits established by Active Link Software or by your credit card issuer. If fees cannot be charged to your credit card or your charge is returned for any reason, including chargeback, Active Link Software reserves the right to either suspend or terminate your subscription Account and your access to the subscription.
App
Both the App and any documentation made available through this Website are the copyrighted works of Active Link Software. You must agree to the terms of the applicable end user license agreement prior to use of such Software.
Warranties, if any, with respect to such App shall only apply as expressly set forth in the applicable end user license agreement. Active Link Software hereby expressly disclaims all further representations and warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose or non-infringement with respect to the App.
Without limiting the foregoing, Active Link Software makes no warranty that: either the Services or Software will meet your requirements; either the Services or App will be uninterrupted, timely, secure, or error-free; results that may be obtained from the use of the Services or App will be effective, accurate, or reliable; the quality of any Services or App purchased or accessible by you through the Website will meet your expectations; any errors in the Services or App, or any defects in the Website, Services or App will be corrected.
Subscription to Beta Service
We shall offer certain Services as beta services ("Beta Service" or "Beta Services") for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Active Link Software will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Service and Software Updates
You recognize and agree to the condition that the Services will be updated and modified from time to time. These modifications may take the form of bug fixes, enhanced functions, new modules, changes in the user interface, conformity to new regulations, or other forms. Such updates and modifications can be made without advanced notice.
These updates are designed to improve, enhance and further develop the App and may take the form of bug fixes, enhanced functions, new App modules and completely new versions. You agree to receive such updates (and permit Active Link Software to deliver these to you) as part of your use of the App.
Third-Party Websites
The Service and Content available through the Website and Software may integrate with other third-party service providers such as third-party payment processor Services. If you link to Third Party Websites, you may be subjected to those Third-Party Websites' terms and conditions and other policies. Active Link Software makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, data protection and your linking to any other Website is completely at your own risk, and Active Link Software disclaims all liability thereto.
Any and all contents and services (including advertising) within Active Link Software that are not owned by Active Link Software are "third-party content and services." Active Link Software acts merely as an intermediary user of, and accepts no responsibility or liability for third-party content and services. In addition, and without limiting the generality of the foregoing, Active Link Software may include links to Websites operated by third parties, including advertisers and other content providers. Those Websites may collect data or solicit personal information from you. Active Link Software does not control such Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Websites may collect.
Confidentiality
The term "Confidential Information" shall mean any and all of Active Link Software's trade secrets, confidential and proprietary information, and all other information and data of Active Link Software that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, Software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Active Link Software or Active Link Software’s business, operations or properties, including information about Active Link Software’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
The User acknowledges that pursuant to this Agreement, the User will have access to Confidential Information of Active Link Software and its affiliates. The User undertakes to keep confidential all data and other confidential information of Active Link Software and shall not sell or otherwise make that information available to any third party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the User by Active Link Software but not be limited to Website users details (i.e., Personal Information and sensitive personal information as defined under the PIPEDA phone numbers, market information, all work products and documents related thereto, the contents of the Website / Portal or any other information, whether provided orally or in writing, received or to be received by the User. Further, the Confidential Information at no time can be disclosed to any party in the same or similar business as that of Active Link Software (“Competitor”). In the event, Active Link Software becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, Active Link Software can claim such direct and indirect damages as it may suffer due to such losses.
Indemnification
The User agrees and undertake to indemnify and to hold harmless Active Link Software and other parties determined by Active Link Software, Active Link Software affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any data loss, financial losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by the User of the User’s obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or User Terms and Conditions; (ii) any infringement or unauthorized use of intellectual property rights of Active Link Software including but not limited to infringement of intellectual property rights of Active Link Software in the Website (iii) any breach of the confidentiality obligations of the User under this Agreement or User Terms and Conditions; (iv) any violation of Active Link Software policies by the User; (v) any harm to the reputation and goodwill of Active Link Software directly attributable to the User; and (vi) damage, unauthorized use or loss of the Website.
Electronic Communications
When you send an e-mail or chat electronically with Active Link Software, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone calls or sms text messages. You agree that all agreements, notices, disclosures and other communications that Active Link Software provides to you electronically satisfy legal requirements that such communications be in writing.
Use Of The Services
Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access and use the Platform. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by Active Link Software or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Active Link Software will not be liable on Account of any inaccuracy of information on its Website. It is the responsibility of the visitor to further research the information on the Website. The User undertakes not to duplicate, download, publish, modify and distribute the material on Active Link Software unless specifically authorized by Active Link Software in this regard.
In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conductor of anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
Limitation of Liability
ACTIVE LINK SOFTWARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY(I) DATA LOSS (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACTIVE LINK SOFTWARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT ACTIVE LINK SOFTWARE SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY ACTIVE LINK SOFTWARE FROM ITS FACILITIES IN CANADA OR OTHER COUNTRIES. ACTIVE LINK SOFTWARE MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ACTIVE LINK SOFTWARE IS TO STOP USING THE ACTIVE LINK SOFTWARE PLATFORM, AND TO CANCEL ANY AND ALL OF YOUR ACTIVE LINK SOFTWARE ACCOUNTS, IF APPLICABLE.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ACTIVE LINK SOFTWARE NOR ANY PERSON ASSOCIATED WITH THE ACTIVE LINK SOFTWARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. We shall not be liable to you for any loss suffered in relation to your use or inability to use the Website without limiting the foregoing, neither the Active Link Software nor anyone associated with the Active Link Software represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR USERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF ACTIVE LINK SOFTWARE AND ACTIVE LINK SOFTWARE CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.
THE ACTIVE LINK SOFTWARE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
HE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Entire Agreement/Severability
These Terms and Conditions incorporate our Privacy Policy which together constitutes the entire agreement between You and Active Link Software, in relation to Your use of the Website and/or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms and Conditions are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms and Conditions are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms and Conditions, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Active Link Software relating to this subject matter, and cannot be changed or terminated orally.
Assignment
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Active Link Software, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Non-waiver
Failure by either Active Link Software or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Force Majeure
Active Link Software shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law And Arbitration
The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Edmonton, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Alberta. Therefore, you agree that: Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Alberta. This Agreement shall be governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Canada, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Arbitration Procedures:
Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or e-mails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or e-mail. Ex parte communications are not permitted with any arbitrator.
Confidentiality. Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
Contact Us
If you have any questions or concerns regarding these Terms or our Services, please contact us through e-mail at info@activelinksoftware.com.