2018.01.30

Terms of Service - BLTBY, BLTBY Solutions Inc.


These Terms of Service (the “Terms”), as amended from time to time, apply to your access to and use of: all services provided to you by BLTBY Solutions Inc., bltby.com (the “Website”), the online products, blog, or services which may be accessed therein, bltby.com (“BLTBY”), any Account you use to access BLTBY or the Website (collectively, the “Service”), all of which are offered by BLTBY Solutions Inc. (“BLTBY” or “we” or “our” or “us”).

All references to “user”, “you”, “your”, “Owner”, or “Named Individual”, as applicable, mean the person and/or the owner, company, organization, enterprise, establishment or business (the “Owner”) the person represents (including any successors and assigns thereof) that access and/or use the Service in any manner. By accessing and using the Service, you hereby confirm that you have all necessary and legal authority to bind the Owner. Your acceptance of these Terms will be deemed acceptance by the Owner of these Terms.

YOU ARE ONLY AUTHORIZED TO USE THE SERVICE IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD NOT ACCESS OR USE THE SERVICE.

BY CLICKING “LOGIN”, “SIGNUP”, OR BY ACCESSING THE SERVICE, YOU HEREBY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OR ACCESS THE SERVICE.

1 Privacy Policy

Use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference. Our Privacy Policy contains important information about how we collect, store and use your personal data and we encourage you to read the Privacy Policy carefully.

2 Description of Service

You acknowledge and agree that the Service includes administrative, managerial, operational, and other services incidental to running a company digitally.

3 Licence for Use of the Service; Restrictions

Subject to these Terms, BLTBY hereby grants you a limited, non-exclusive, non-sublicenseable, revocable and nontransferable license to download, install, display, perform, access and use the Service, and to create and use an account on the Service (“Account”) for your own use. You shall use the Service only in compliance with these Terms, BLTBY's standard policies then in effect and all applicable laws (including but not limited to policies and laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity and defamation).

You acknowledge that the Service is licensed, not sold, to you. BLTBY reserves all rights in and to the Service not expressly granted to you under this Agreement. You do not acquire any ownership interest in the Service under these Terms. BLTBY and its licensors and service providers reserve and retain the entire right title and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. The word marks “BLTBY”, the “BLTBY” logo, “BLTBY”, and the “BLTBY” logo and all associated marks and logos displayed within the Service are our trademarks (unless otherwise noted).

Upon registration, you will identify the individuals that are authorized to use the Service on behalf of the Owner (“Named Individuals”). The Service may not be used or otherwise accessed by (a) individuals who are not Named Individuals; or (b) any software or hardware devices not being used by a Named Individuals. BLTBY reserves the right at any time to require you to provide an updated list of Named Individuals.

You shall not: a) have more than one Account at any given time, and you shall not create an Account using a false identity or information, or on behalf of someone other than you;
b) use your Account to transmit unauthorized communications, advertise, solicit, or transmit any commercial advertisements, including chain letters, junk email or repetitive messages (spim and spam) to anyone;
c) collect, harvest or post anyone's private information, including Personally Identifiable Information of any kind through the Service;
d) use the Service in a manner that infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
e) use the Service, intentionally or unintentionally, in violation of any applicable law or regulation;
f) use, reuse, repost, distribute, provide access to others to, copy, modify, or transmit the Service and related information for any commercial purpose or for public use;
g) attempt to gain access to the Service, Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by BLTBY and through your Account, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, server or software that is part of the Service;
h) interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms; or
i) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by BLTBY.

4 Disclaimer of Warranties and Limitation of Liabilities

This section is important - please read it carefully - it limits BLTBY's liability (and the liability of our affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so parts of this section may not apply to you.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. BLTBY CANNOT AND DOES NOT WARRANT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. AS SUCH, YOU SHALL NOT RELY EXCLUSIVELY ON THE SERVICE FOR ANY REASON. THE SERVICE AND ANYTHING RELATED THERETO ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, AND BLTBY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND ANYTHING RELATED THERETO, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLTBY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BLTBY, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS (COLLECTIVELY, “BLTBY PARTIES”) SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOU OR ANY THIRD PARTIES CAUSED BY THE SERVICE, ERRORS IN THE SERVICE, OR INFORMATION CONTAINED IN THE SERVICE. YOU WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST BLTBY PARTIES ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICE. YOU SPECIFICALLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST BLTBY PARTIES AS A RESULT OF INCORRECT OR INACCURATE INFORMATION OR CONTENT DISPLAYED OR DELIVERED BY THE SERVICE, INCLUDING IN THE DELIVERY OF ADMINISTRATIVE, MANAGERIAL, AND OPERATIONAL SERVICES. BLTBY PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE SERVICE OR ANY PERFORMANCE OF THESE TERMS, 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 THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IN THE EVENT OF ANY OF BLTBY PARTIES HAVING BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BLTBY PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO BLTBY PARTIES FOR THE SERVICE IN THE 365 DAYS IMMEDIATELY PRECEEDING THE DATE THAT BLTBY RECEIVES NOTICE OF A CLAIM IN WRITING FROM YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

5 Changes to the Service

BLTBY may change, suspend of discontinue the Service or any portion thereof at any time, including the availability of any feature, database, or Content by giving the Owner advanced notice of such change, suspension or discontinuance either, at our sole discretion, via email or through the Service. We reserve the right to establish limits to the nature or size of any storage available to you as part of the Service, the number of transmissions received or sent in the provision of the Service, the nature or size of any index or library information, the nature of, or the User's continued ability to access or assemble or copy or distribute, any Content and other data, and impose other limitations to the Service at any time, with or without notice, subject to these Terms.

6 Account Information

When creating or updating an Account, you may be required to provide BLTBY with certain personal information (“Login Information”) which will be held and used in accordance with these Terms and BLTBY's Privacy Policy.

The following rules govern the security of your Login Information:
a) you will not share your Login Information, let anyone else access your Account, or do anything else that might jeopardize the security of your Account;
b)you are required to provide accurate Account information and update that information promptly after it changes;
c)in the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Login Information, you must immediately notify BLTBY and modify your Login Information; and
d) you are responsible for maintaining the accuracy, completeness and confidentiality of your Login Information, and you will be responsible for all activities that occur under your Account, including activities of others to whom you have provided your Login Information. BLTBY will not be liable for any loss or damage arising from your failure to provide accurate information or to keep your Login Information secure. If you discover any unauthorized use of your Login Information or suspect that anyone may be able to access your Content, you should immediately change your password and notify our Customer Support team.

7 Fees

Fees (the “Fees”) set by BLTBY exclude any taxes or duties payable in respect of the goods or service supplied in the jurisdiction where the payment is either made or received. You are responsible for such taxes or duties in addition to the Fees. Provided prior notice of pricing is given to you, BLTBY reserves the right to charge Fees to Owner for use of the Service on a periodic (e.g., weekly or monthly) basis or otherwise, as determined by us, in our sole discretion. BLTBY reserves the right to suspend or terminate the Service for failure to pay any Fees . Delinquent accounts are subject to interest charges of 12% per annum on any outstanding balance, or the maximum permitted by law, whichever is less, plus any and all expenses incurred in the collection of outstanding Fees and other amounts owing.

8 User Content

By displaying, submitting, emailing, communicating, making available, uploading, or publishing questions, suggestions, content, feedback, or other information about the Service (“User Content”) on, about, or via Service, you expressly grant a worldwide, perpetual, irrevocable, transferrable, royalty-free, sublicenseable, licence to us to display the User Content and to use, copy, modify, distribute, or otherwise exploit such User Content for any of our business purposes now known or hereafter devised without further notice to, payment to, or consent from you or any other entity. You represent and warrant that (i) you either are the sole and exclusive owner of all User Content or they have all rights, licenses, consents and releases necessary to grant us the foregoing licence; and (ii) neither the User Content, nor the uploading, publishing or posting of the User Content, nor our use of the User Content will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree not to publish or post on or through the Service any User Content that is defamatory, misleading, hateful, pornographic, unlawful or offensive content (as determined by us in our sole discretion), whether or not such material may be protected by law. We do not accept liability in respect of any User Content. You will be personally liable for any damages or other liability arising from your User Content and you agree to indemnify us in relation to any liability we may suffer as a result of any such content. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without any notice to you.

9 Consent to Use of Data

You agree that BLTBY may collect and use technical data and related information, including, but not limited to, technical information and corporate information, that is gathered periodically to facilitate the provision of customization, updates, and other service to you (if any) related to the Service. BLTBY may use this information, to improve the Service or to provide service or technologies to you. BLTBY treats Personally Identifiable Information differently from General Information. “Personally Identifiable Information” means information that can be used to identify, locate or contact you. “General Information” means information that is not Personally Identifiable Information and is not associated with Personally Identifiable Information. BLTBY may convert Personally Identifiable Information into General Information by excluding information that is personally identifiable. You acknowledge and agree that General Information belongs to BLTBY and that BLTBY has the right to create, compile and use such General Information as it determines in its sole discretion. BLTBY may process information in the country where it was collected, as well as other countries (including the United States) where laws regarding processing of personal information may be less stringent than the laws in your country. BLTBY uses Personally Identifiable Information for its own internal purposes, including contacting you via email to inform you about updates to the Service and providing you with information relating to transactions that you conduct on the websites operated by BLTBY. BLTBY provides Personally Identifiable Information to third parties who process it in accordance with BLTBY's instructions in order for BLTBY to provide service to you (including processing payments for use of the Service). BLTBY reserves the right to disclose your information if BLTBY has a good-faith belief that such disclosure is (a) required by law, regulation, or legal process; (b) appropriate to detect, prevent, or remedy violations of these Terms, fraud, security or technical issues; or (c) required in order to protect BLTBY, other Users, or the public. If BLTBY is involved in a change of control through sale of assets or otherwise, BLTBY will give notice before your Personally Identifiable Information is transferred or becomes subject to a different privacy policy. As you browse BLTBY's website, advertising cookies may be placed on your computer. Advertising partners enable us to present you with retargeted advertising on other sites based on your previous interactions with the BLTBY's website.

10 Linking to Other Websites

The Service may enable access to the parties' websites, as well as to websites of third parties (collectively, “Other Websites”). Other Websites may display, include, or make available content, data, information, applications or materials from third parties, including your data, or provide links to additional third-party websites (“Data and Materials”). By using the Service, you acknowledge and agree that BLTBY is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect of Other Websites. BLTBY does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Data and Materials. To the extent you choose to access Other Websites, you do so at your own risk and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. BLTBY reserves the right to change, suspend, remove, or disable access to Other Websites at any time without notice. In no event will BLTBY be liable for the removal of or disabling of access to any Other Websites. BLTBY may also impose limits on the use of or access to certain Websites, in any case and without notice or liability. You agree to use Other Websites at your sole risk and that BLTBY shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

11 Electronic Communications and Cloud Computing

BLTBY may exchange electronic versions of documents and e-mails with you using commercially available software. BLTBY does not guarantee that all communications and documents will be received, or that such communications and documents will be virus free. BLTBY makes no warranty with respect to any electronic communications between you and BLTBY, including the security of such communications. You consent to the exchange of electronic communications, including confidential documents, in unencrypted formats. BLTBY stores all documents on its online document management system and virtual desktop. You consent to BLTBY storing all your documents on cloud computing service. Some of the cloud computing service used by BLTBY may store data on servers outside Canada. BLTBY makes no warranty with respect to any online storage, processing, transmission or security of your documents. You consent to the use of these cloud computing service and storage of your data outside Canada.

12 Term and termination

These Terms shall commence when you start using the Service and shall continue until terminated by you or by BLTBY. You are responsible for all fees due to BLTBY prior to the termination date.

You may terminate this agreement by ceasing to utilize the Service. We may terminate this agreement at any time without notice in our sole discretion, withdraw your Account and suspend, restrict or withdraw any or all of the Service to you, including if we cease to offer the Service, or if you fail to comply with one or more terms of these Terms. Upon termination of these Terms: (i) all license and other rights granted to you under this Agreement will terminate, and (ii) you must cease all use of the Service and destroy all copies, full or partial, of any related software or apps. You acknowledge that BLTBY may restrict, modify, or terminate these Terms, without liability, for its convenience, or if you violate these Terns or any law, rule, or regulation.

13 Hardware

You shall be responsible for obtaining and maintaining any equipment, including any Hardware, and ancillary service needed to connect to, access or otherwise use the Service, including, without limitation, hardware, server, software, operating system, networking, web servers and web service (collectively, the "Equipment"). You shall be responsible for ensuring that such Equipment and service are compatible with the Service and comply with all configurations and specifications set forth in our published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, ancillary service, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account, the Service or the Equipment with or without your knowledge or consent.

14 Legal Relationship

The Owner acknowledges and agrees that Owner's relationship with BLTBY is that of principal and independent contractor, respectively. Nothing in these Terms creates an employment relationship, agency relationship, partnership, joint venture, or any other relationship between any Owner or User and BLTBY.

15 Release; Indemnities

You agree to indemnify, save, and hold BLTBY Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, violation of these Terms, or breach of the representations, warranties, and covenants made by you herein. BLTBY reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. BLTBY will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

16 No Rights Granted; Non-Assignability

These Terms do not constitute a grant or an intention or commitment to grant any right, title, or interest in the Service or BLTBY's trade secrets to you. You shall not sell or transfer any portion of the Service to any third party without prior express written permission of BLTBY. You shall not identify the Service as coming from any source other than BLTBY. You shall not assign or otherwise transfer any rights or obligations under these Terms.

17 Miscellaneous Provisions

Entire Agreement. These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including BLTBY's Privacy Policy), contain the entire understanding between you and BLTBY with respect to the Service, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and BLTBY with respect to the Service.

Choice of Law. Regardless of the place of execution, delivery, performance or any other aspect of these Terms, these Terms and all of the rights of the parties under these Terms shall be governed by, construed under, and enforced in accordance with the procedural and substantive law of the Province of British Columbia, Canada, to the exclusion of any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of these Terms to the procedural or substantive law of another jurisdiction.

Jurisdiction. You consent to submit to the personal jurisdiction in of the courts located within Vancouver, Province of British Columbia, Canada, and agree that any claim or dispute arising under these Terms shall exclusively be commenced and resolved in such courts.

Waiver and Severability. Any failure by BLTBY to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any portion of these Terms is found to be illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other jurisdiction and without affecting the validity or enforceability of the remaining provisions of these Terms, which shall continue to be in full force and effect.

18 Refund Policy

You may cancel your Account at any point in time through the Service, or by sending an email to contact@bltby.com with the subject line “Cancel”, and by then following the instructions provided to you in response. You acknowledge and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with BLTBY, including any dispute related to, or arising out of: (1) these Terms or the enforcement or application of these Terms; (2) the Service or any change thereto; (3) your ability to access and/or use the Service; or (4) the amount or type of Fees, surcharges, applicable taxes, billing methods, or any change to the Fees, applicable taxes, surcharges or billing methods of the Service. There will be no refunds given except for specific situations BLTBY, in its sole discretion, deems necessary.

19 Legal Notice

BLTBY may modify these Terms or any additional terms, and such modification shall be effective and binding on you upon notice by BLTBY via email to the email account provided by you upon registration for the Service. Communications made through BLTBY's websites or any email or contact links provided thereon shall in no way be deemed to constitute legal notice to BLTBY or any of its officers, employees, agents, or representatives, such as where notice to BLTBY is required by contract, or any federal, provincial, or local laws, rules, or regulations.

You may provide notice to BLTBY at:

PO Box 3681 Station Terminal
Vancouver, BC V6B 3Y8
contact@bltby.com