Terms of Use:
1. General:
These Terms of Use ("Terms") constitute the legal agreement ("Agreement") between you ("YOU") and Technology Associates Inc. ("TECHNOLOGY ASSOCIATES") regarding your use of the TECHNOLOGY ASSOCIATES website ("Website") and any other TECHNOLOGY ASSOCIATES product or service ("TA Offerings") available through the Website. By accessing or using any TA Offerings, you agree to be bound by these Terms without modification. If you do not agree to these Terms, you may not access or use any TA Offerings.
While TECHNOLOGY ASSOCIATES strives to ensure the accuracy and currency of all materials, images, documentation, information, and written content ("TA Web Content") provided on the Website, TECHNOLOGY ASSOCIATES does not guarantee the accuracy or completeness of the TA Web Content. Products and services advertised on the Website may not be available or accurate. TECHNOLOGY ASSOCIATES reserves the right to correct errors, inaccuracies, or omissions at any time without prior notice or liability. TECHNOLOGY ASSOCIATES may also change the products, services, prices, fees, charges, and specifications without notice or liability. TECHNOLOGY ASSOCIATES can reject, correct, cancel, or terminate any order, including accepted orders, and limit quantities available for sale.
TA Web Content is subject to change without notice, and such changes may not be immediately reflected on the Website.
SAll TA Web Content is provided "AS IS" without warranty of any kind, whether expressed or implied, including but not limited to satisfactory quality, merchantable quality, fitness for a particular purpose, and those arising by statute or otherwise in law.
2. Privacy Policy:
Your use of TA Offerings is governed by the TECHNOLOGY ASSOCIATES Privacy Policy, which is incorporated into these Terms by reference. It is your responsibility to review the Privacy Policy, and if you have any questions or concerns, please contact TECHNOLOGY ASSOCIATES at privacy.policy@technologyassociates.ca.
3. Password Security:
You are responsible for protecting your passwords and keeping them secure. You are solely responsible for any activity that occurs through the use of your accounts or under your username, whether authorized or not. Notify TECHNOLOGY ASSOCIATES immediately if your passwords are lost or if you suspect unauthorized use of your accounts. Failure to do so may result in immediate suspension or termination of your accounts.
4. Data Backup and Private Cloud Hosting:
While TECHNOLOGY ASSOCIATES takes reasonable measures to provide data backup and cloud hosting services, TECHNOLOGY ASSOCIATES does not guarantee the preservation, integrity, or security of any data, information, documentation, or content backed up or hosted by TECHNOLOGY ASSOCIATES. If any loss, corruption, damage, or removal of such data were to occur, TECHNOLOGY ASSOCIATES' liability to you for direct compensatory loss or damages under any theory of law or equity, whether for breach of contract, tort, or otherwise, shall be strictly limited to the amount of one month's fee for the specific service used by you.
5. Restrictions on the Use of E-Mail, Data Backup and Private Cloud Hosting:
You are solely responsible for any liability, loss, or damage associated with the use of E-Mail, hosted data, or data backups. You agree to use these services lawfully, and you are solely responsible for managing the data stored on or transmitted through E-Mail.
You warrant that you will not engage in the following activities:
- Selling unlawful products or services.
- Incorporating obscene, defamatory, harassing, offensive, or malicious material into E-Mail.
- Posting content that advocates or promotes violence against governments, organizations, groups, or individuals or provides instruction, information, or assistance in carrying out such violence.
- Introducing viruses, worms, harmful code, or trojan horses on the internet or attempting to interfere with the proper functioning of servers or internet facilities.
- Harassment.
- Sending E-Mail to individuals who do not wish to receive it.
- Sending unsolicited bulk mail messages ("spam") that are disruptive or generate user complaints.
- Forwarding or propagating chain letters, pyramid schemes, or malicious email.
- Forging header information.
- Collecting replies to messages in violation of this Agreement or the Acceptable Use Policy of another provider.
- Hosting data that infringes the copyrights, trade secrets, proprietary information, or intellectual property rights of third parties.
- Hosting data that is libelous, invades third-party privacy, or is pornographic in nature.
YOU also warrant to Technology Associates that YOU shall not host the following in connection with Data Backup or Hosted Data:
- Data that compromises the copyrights, trade secrets, proprietary information and other intellectual property rights of third parties;
- Data that is libelous or would constitute a defamation of character;
- Data that would be deemed an invasion of third party privacy; or
- Data that would be construed as pornographic in nature.
While TECHNOLOGY ASSOCIATES does not routinely monitor accounts for violations, TECHNOLOGY ASSOCIATES reserves the right to investigate suspected violations. If TECHNOLOGY ASSOCIATES finds that TA Offerings are being used in violation of this Agreement, necessary actions may be taken, including immediate suspension or termination of services, without prior notification. TECHNOLOGY ASSOCIATES shall not be liable for such actions taken in response to violations.
TECHNOLOGY ASSOCIATES will cooperate with law enforcement as required by law.
6.TERMINATION:
If you wish to terminate this Agreement for your use of the Website or any freely available TA Offerings, you may discontinue your use. For purchased TA Offerings with a monthly fee, you must provide TECHNOLOGY ASSOCIATES with at least thirty (30) days' notice of termination. TECHNOLOGY ASSOCIATES may terminate your access to the Website or any freely available TA Offerings without cause or notice at their discretion. For purchased TA Offerings with a monthly fee, TECHNOLOGY ASSOCIATES may terminate your access with 30 days' notice, with or without cause.
7. Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL TECHNOLOGY ASSOCIATES, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, COMPENTATION, LOSS OF PROFITS, ANTICIPATED REVENUE, TAVINGS, GOODWILL, OR OTHER ECONOMIC LOSS, OR ANY COSTS, EXPENSES, OR INTEREST RELATED THERETO, UNDER ANY THEORY OF LAW OR EQUITY ARISING FROM OR RELATED TO THIS AGREEMENT.
YOU SHALL NOT SEEK EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES, OR HOWSOEVER INCURRED, IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER.;
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND TECHNOLOGY ASSOCIATES AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY ACTION, CLAIM, DEMAND, OR LIABILITY, INCLUDING LEGAL FEES AND COSTS, ARISING FROM OR RELATING TO YOUR USE OR ACTS WITH RESPECT TO TECHNOLOGY ASSOCIATES SERVICES.
8. No Waiver:
TECHNOLOGY ASSOCIATES' failure to exercise or delay in exercising any right, power, or remedy shall not preclude any further exercise thereof or the exercise of any other right, power, or remedy.
9. Severability:
If any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be severed from the rest of this Agreement, and the remaining provisions shall not be affected.
10. Contra Proferentum Rule:
In the event of judicial interpretation, mediation, or arbitration of any provision in this Agreement, it is agreed that the court, mediator, or arbitrator shall not apply a presumption that the terms shall be strictly construed against one party because that party or its agent prepared the same. Both parties have participated in the preparation of this Agreement.
11. Governing Law:
The construction, validity, and performance of this Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties irrevocably agree to the jurisdiction of the courts of the Province of Ontario.
12. Survival:
Sections 1, 2, 3, 4, 5, 7, 8, 9, 10, 11 and this Section 12 shall survive termination of this Agreement.
Copyright:
All TA Web Content on the Technology Associates website is the property of Technology Associates and is subject to copyright, unless otherwise indicated
Reproduction, copying, or redistribution of TA Web Content in any manner without prior written approval from Technology Associates is prohibited. Nothing herein shall be construed as granting a right or license under any Technology Associates copyright.
All TA Web Content is Copyright © 2023 Technology Associates Inc. All Rights Reserved.
Trademarks:
All trademarks and logos used on the Technology Associates website are owned by their respective owners. Use or reproduction of these trademarks or logos without the express permission of the owner is prohibited.