TechNewsBytes is a unique website in that it is not just a website it’s a service. It is a free IT management application that provides tools you need to manage your network, with information about IT products and services, and advice and expertise from other IT professionals and news services.
SALESPIDER MEDIA INC DOES NOT PROMISE THAT THE SERVICE OR ANY CONTENT, COMPONENT, SITE OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SITE, ITS CONTENT AND COMPONENTS, AND THE SERVICE ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON OR VIA THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. SALESPIDER MEDIA INC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SALESPIDER MEDIA INC AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SALESPIDER MEDIA INC AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE AND SUCH THIRD-PARTY SOFTWARE OR CONTENT. SALESPIDER MEDIA INC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SALESPIDER MEDIA INC FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF REMEDY IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICE AND ALL THIRD-PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICE AND SUCH THIRD-PARTY SOFTWARE AND CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SALESPIDER MEDIA INC OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE BE LIABLE TO YOU OR ANY OTHER USER ON ACCOUNT OF ANY USE OR MISUSE OF THE SERVICE OR SUCH THIRD-PARTY SOFTWARE OR CONTENT. NEITHER SALESPIDER MEDIA INC NOR ANY THIRD-PARTY SOFTWARE OR CONTENT PROVIDER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF SALESPIDER MEDIA INC AND/OR A THIRD-PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE AND ALL THIRD-PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, FROM INABILITY TO USE THE SERVICE AND ALL THIRD-PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE AND ALL THIRD-PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR ANY RELIANCE BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.
Without limiting the generality of the foregoing, you agree that SaleSpider Media Inc is not responsible for any loss arising out of, or in any way connected with (a) delay or inability to access or use the Service; (b) reliance on any Content or User Content; (c) the transmission of any computer virus, however occurring; (d) any unauthorized access to, modification or alteration of Content or User Content; (e) any Content or User Content sent or received or not sent or received; (f) any transaction entered into through the Service; (g) any infringement of rights, including Intellectual Property Rights; (h) any threatening, defamatory, obscene, offensive, harmful, inappropriate or illegal Content or User Content or conduct of any party; (i) any User Content sent by any third party using and/or included in the Service; (j) termination of your user account or membership; or (k) any delays, interruptions, inaccuracies, errors, omissions or cessation of the Service.
the avoidance of doubt, you acknowledge that SaleSpider Media Inc is a provider of an interactive computer service and not a publisher under Section 230 of the Communications Decency Act of 1996, and therefore not responsible for any of the User Content or other third-party postings.
If, notwithstanding the provisions of this section, a court of competent jurisdiction holds SaleSpider Media Inc liable in respect of any matters arising under or incidental to this Agreement, SALESPIDER MEDIA INC’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, WILL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USING THE SERVICE DURING THE 12 MONTHS PRECEDING YOUR CLAIM, OR, IF NO AMOUNT WAS PAID, SUCH LIABILITY WILL BE LIMITED TO $500.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law; Disputes
This Agreement and any dispute that may arise related to this Agreement are governed by Texas law. All claims arising out of or relating to this Agreement must be litigated exclusively in the federal or state courts of Toronto, Ontario, Canada and you consent to venue and personal jurisdiction there for the purposes of litigating all claims related to this Agreement. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by SaleSpider Media Inc.
SaleSpider Media Inc includes a family of social networks, websites, and advertising network, a data management platform, and mobile application publisher. Included in the SaleSpider Media Inc's family is the following:
SaleSpider Media Inc.'s Use of Email Addresses
technewsbytes.com is a part of SaleSpider Media Inc. Network
Registration Data and Account Security
In consideration of your use of SaleSpider Media Inc., you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place arising from the use of your account.
Proprietary Rights in Site Content
The SaleSpider Media Inc. logo and any Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in Canada, the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Use of Site
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use SaleSpider Media Inc. to:
a)harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
b)use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
c)use automated scripts to collect information from or otherwise interact with the Service or the Site;
d)upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
e)register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
f)impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
g)upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
h)solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
i)upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j)intimidate or harass another user;
k)upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
l)use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site;
m)upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of SaleSpider Media Inc., the SaleSpider Media Inc. affiliates, users and the public.
You are solely responsible for your interactions with other members. SaleSpider Media Inc. reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate or suspend your account if SaleSpider Media Inc. determines, in its sole discretion, that doing so is prudent.
User Content Posted on the Site
You are solely responsible for information and content that you upload, publish or display (hereinafter, "post") on or through SaleSpider Media Inc., or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site or networks affiliated with the Company. By posting User Content to any part of SaleSpider Media Inc., you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with SaleSpider Media Inc. or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content you acknowledge that the Company may retain archived copies of your User Content.
It is hereby specifically acknowledged by the user that SaleSpider Media Inc. is a social network and does not provide any assurances as to the accuracy of any information posted by its users. Moreover, SaleSpider Media Inc. is not liable for the accuracy or content of the information that is provided by SaleSpider Media Inc. or its or users. Any information obtained from SaleSpider Media Inc. or its users, is to be used exclusively at the recipient's own risk. Without limiting the generality of the above Sales Spider provides no assurances or warranties in respect to the use of or reliance upon any information that SaleSpider Media Inc. or its users provide. By furnishing information, SaleSpider Media Inc. does not grant any licenses, copyrights, patents or any other intellectual property rights. Any product or service is obtained from SaleSpider Media Inc. is provided on an "as is" basis without any warranties whatsoever, express or implied, and the use of that product or service is at your own risk. SaleSpider Media Inc. is also not responsible in law for any comments or opinions expressed by any of its users at the SaleSpider Media Inc. website. This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors. SaleSpider Media Inc. may make improvements and/or changes in the products and information without notice. SaleSpider Media Inc. specifically reserves the right to cancel a user's membership or restrict the use of the site by any user in its sole discretion and without cause.
Information published by SaleSpider Media Inc. on the World Wide Web may contain references or cross references to SaleSpider Media Inc. products, programs or services that may not be available in your country. Such references do not imply that SaleSpider Media Inc. intends to announce such products, programs or services in your country or that such products or services will ever be available in your country.
SaleSpider Media Inc. Links
SaleSpider Media Inc. makes no representations whatsoever about any other Web site which you may link or access through from SaleSpider Media Inc.. When you access a non-SaleSpider Media Inc. Web site, even one that may contain the SaleSpider Media Inc.-logo, it is independent from SaleSpider Media Inc. and SaleSpider Media Inc. has no control over the content of that Web site. Any link to a non-SaleSpider Media Inc. Web site is not an indication that SaleSpider Media Inc. endorses or accepts any responsibility for the content or the use of such Web site. SaleSpider Media Inc. does not warranty the safe use of any site which is linked to or accessible from SaleSpider Media Inc. .The user acknowledges that they must take adequate precautions to ensure that any links, programs or websites accessed from or at SaleSpider Media Inc. is free of viruses, worms, trojan horses or anything which may be harmful to your security or your computer.
Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
SaleSpider Media Inc. does not assume any responsibility for the infringement of or conflict with any other agreements to which the user may be a party. SaleSpider Media Inc. is not liable and shall be held harmless to the extent that the use of the SaleSpider Media Inc. website may be in conflict with or an infringement of any other agreements to which the user may be a party. The user has agreed to the terms of this agreement and the use of the SaleSpider Media Inc. website without any inducement from SaleSpider Media Inc. whatsoever. The user agrees to hold harmless and indemnify Sales Spider from any claims that SaleSpider Media Inc. may have induced the user to use the services provided by this website and the user assumes full responsibility and any liability which may arise due to any use of this website which may be in conflict with or an infringement of any other agreements which the user may be a party to.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with SaleSpider Media Inc., whether posted or caused by users of the Site, by SaleSpider Media Inc., by third parties or by any of the equipment or programming associated with or utilized by SaleSpider Media Inc..
SaleSpider Media Inc. does not control and are not responsible for what users post, transmit or share on the SaleSpider Media Inc. website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the SaleSpider Media Inc. Website or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
SaleSpider Media Inc. is not responsible, and makes no representations or warranties for the delivery of any messages , content of sales leads, business leads or other user generated content (such as messages, posting of answers or transmission of any other user generated content) sent through linked in to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed to us such material, service, or technology.
SaleSpider Media Inc. does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, SaleSpider Media Inc. declines all liability for identity theft or any other misuse of your identity or information.
THE SITE, THE SERVICE ,ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY SALESPIDER MEDIA INC. OR ANYTHING RELATED TO SALESPIDER MEDIA INC. YOU MAY EMAIL SALESPIDER MEDIA INC. AT
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $100.00. YOU ACKNOWLEDGE FURTHER THAT IF NO FEES ARE PAID TO COMPANY THAT YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice.
Governing Law; Venue and Jurisdiction
In consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto agree as follows:
1. You, and the legal entity to which you represent, if any (collectively referred to as "you"), agree to be bound by all of the terms of this agreement including the above and any additional terms.
2. You acknowledge and agree that neither SaleSpider Media Inc. nor any other person has made any representation to you relating to compensation payable by SaleSpider Media Inc. to you under this Agreement or for your use of the SaleSpider Media Inc. website. You further covenant and agree that you will not make any representations to any other person relating to compensation or commissions payable by SaleSpider Media Inc. to you under this Agreement or for their use of SaleSpider Media Inc..
4. You have and will not contravene any non-competition agreement, non-solicitation agreement, confidentiality agreement, employment agreement or other agreement with your employer or with any other person to which you are a party, nor shall you contravene any of the policy or rules of your employer.
5. You have not and will not provide any data, content or information to Sales Spider that infringes any Intellectual Property Right of any other party and you shall have the sole responsibility for any infringement of any Intellectual Property Right of any third party in respect of all or any part of the Data. For the purposes of this Agreement, an "Intellectual Property Right" includes any right or protection existing from time to time in a specific jurisdiction, whether registered or not, under any intellectual property law including patent or invention law, copyright or moral rights law, privacy, confidential information law, trademark law, or other similar laws and includes legislation by competent governmental authorities and judicial decisions under common law or equity.
6. You will not harass another person or interfere with another person's use of SaleSpider Media Inc..
7. You hereby grant to SaleSpider Media Inc. an irrevocable, non-exclusive, perpetual, royalty-free and worldwide license to access, reproduce, distribute, publicly display, and otherwise use the Data and all Intellectual Property Rights therein for SaleSpider Media Inc.'s own purposes and for the purposes of the Sales Spider System, together with the rights to sublicense such rights to the Data to other parties who utilize the SaleSpider Media Inc. System.
8. You represent and warrant to SaleSpider Media Inc. and acknowledge that SaleSpider Media Inc. is relying on such representations and warranties that any and all data inputted by you into the SaleSpider Media Inc. System is either owned by or proprietary to you or that you have all necessary consents, licenses, rights and waivers, to grant the license to use the Data and all Intellectual Property Rights therein as set out above.
9. You hereby consent to the disclosure and use of such Data by SaleSpider Media Inc.
10. You hereby acknowledge that SaleSpider Media Inc. reserves the right to refuse membership or terminate membership at its sole discretion.
11. You hereby acknowledge that SaleSpider Media Inc. reserves the right to review and to edit, in whole or in part, any posts submitted by members if, in the sole discretion of SaleSpider Media Inc., the posting as submitted by the member is inappropriate , offensive, false or misleading or otherwise fails to meet the standards of SaleSpider Media Inc.. If taxes of any sort (other than taxes based solely on the net income of SaleSpider Media Inc.), including goods and services taxes, sales taxes, value added taxes, assessments, charges, levies, duties and export taxes, are imposed by any taxing authority (including federal, state, provincial, local or other governmental agencies or bodies), in respect of any amounts payable hereunder, such taxes shall be paid by, and shall be the sole responsibility of you.
12. You are responsible for all of your own expenses in connection with your performance of this Agreement.
13. The term of this Agreement shall begin on the date that you confirm your acceptance by clicking the "Sign Up Now!" button and shall continue until terminated by either party. SaleSpider Media Inc. may terminate this Agreement in its sole discretion, without reason or cause and without notice to you. Any such termination by SaleSpider Media Inc. shall be in addition to and without prejudice to such rights and remedies as may be available to SaleSpider Media Inc.. Upon termination of this Agreement for any reason whatsoever, you shall thereafter refrain from accessing, browsing or otherwise using the SaleSpider Media Inc. System or Data provided therein. SaleSpider Media Inc. shall not, by reason of the termination of this Agreement be liable to you for compensation, reimbursement or damages.
15. You agree not to furnish any person, user or entity any warranties, undertakings or guarantees of any nature whatsoever which may involve the responsibility or liability of SaleSpider Media Inc.. This Agreement does not and shall not be construed to create any partnership or agency whatsoever as between you and SaleSpider Media Inc..
16. Notwithstanding any other provision of this Agreement, if by reason of Force Majeure, either party is wholly or partly unable to perform certain of its obligations under this Agreement, it shall be relieved of those obligations to the extent, and for the period, that it is affected by Force Majeure, provided that the affected party gives the other party prompt notice of such inability and nature, cause and expected duration of the Force Majeure. For the purposes of this Agreement, "Force Majeure" means an event, the cause of which is beyond the reasonable control of the party affected thereby and which could not reasonably have been foreseen and provided against.
17. Any claim, dispute, or controversy of whatever nature arising out of or relating to this Agreement and any of the documents contemplated by or delivered under or in connection with this Agreement shall be governed by and construed under the laws of the Province of Ontario, Canada without giving effect to any choice of law principles that would require the application of the laws of a different state and or province, and shall be brought exclusively in a court of competent jurisdiction, federal or state or provincial, located with the Province of Ontario, City of Toronto. The parties hereby consent to personal jurisdiction and venue in, and agree to services of process issued or authorized by, such court.
18. This Agreement (including the documents and instruments referred to herein or therein and the schedules and exhibits hereto or thereto) constitutes the entirety of the agreement between SaleSpider Media Inc. and the user and supersedes all prior representations, arrangements, negotiations, understandings and agreements, if any , between the parties.
19. You agree that SaleSpider Media Inc. may change, amend or replace all or any part of this Agreement at any time, that such changes, amendments or replacements shall be effective as of the time of posting of the changes, amendments or replacements to the website. SaleSpider Media Inc. will provide notice on the website of any material changes made to this Agreement and your continued use of the Sales Spider System after the time of posting of such notice will constitute evidence of your acceptance of the changed, amended or replaced Agreement. Otherwise, no change, modification, extension, termination, waiver or other amendment of this Agreement or any of the provisions contained herein, shall be valid unless made in writing and signed by a duly authorized representative of each party. No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be construed as a further or continuing waiver of any such term, provision, or condition of this Agreement unless reduced to writing signed by an authorized representative of each party.
20. Time is of the essence.
21. You shall not assign this Agreement in whole or in part without SaleSpider Media Inc.'s approval. Notwithstanding anything else in this Agreement, SaleSpider Media Inc. may assign its interest in this Agreement to an affiliate of SaleSpider Media Inc. or to any entity with which it may merge or consolidate or which acquires substantially all of its business. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.
22. Notices shall be delivered to SaleSpider Media Inc. at 101 Duncan Mill, Suite 405, Toronto, Ontario, M3B 1Z3. SaleSpider Media Inc. may provide you notice or change its address for purposes of this Agreement by posting its address at this website. You shall be solely responsible for ensuring that SaleSpider Media Inc. is provided with your current address from time to time and SaleSpider Media Inc. may rely on the last address provided by you to Sales Spider for such purposes. For clarity, written notice shall include notice by e-mail or other electronic means.
IN WITNESS WHEREOF the parties hereto have agreed to be bound by this Agreement effective as at the date that you confirm your acceptance by checking the "I AGREE" checkbox.