Terms and Conditions
PLEASE READ THIS END USER AGREEMENT CAREFULLY. THIS END USER AGREEMENT (“AGREEMENT”) GOVERNS YOUR USE OF TRAILBLAZER MASTERY MARKETING SERVICES, AN ONTARIO SOLE PROPRIETORSHIP (“TRAILBLAZER MASTERY”), SOFTWARE, ASSOCIATED UPGRADES AND UPDATES, AND RELATED SERVICES (THE “SERVICES”). BY ACCEPTING AN ORDERING DOCUMENT OR CLICKING “CONFIRM PURCHASE” or “TWO WEEK TRIAL” OR BY OTHERWISE ACCESSING, DOWNLOADING, INSTALLING OR OTHERWISE USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS, DOWNLOAD, INSTALL, OR OTHERWISE USE ANY OF THE SERVICES.
Definitions
- “Confidential Information” means any information, maintained in confidence by the disclosing party, communicated in written or oral form, marked as proprietary confidential or otherwise so identified, and/or any information that by its form, nature, content or mode of transmission would to a reasonable recipient be deemed confidential or proprietary.
- “Company” means your employer entity which entered into a master agreement with TRAILBLAZER MASTERY.
- “Ordering Document” shall mean an order form, purchase order, or statement of work by and between Company and TRAILBLAZER MASTERY delineating the specific Services.
- “Program” shall mean registration and consent for the access and use certain features of the Services.
- “Privacy Policy” shall mean the privacy statement available at trailblazermastery.com/privacy-policy/
- “Term” shall mean the Services period as set forth in the Ordering Document.
- “Third Party Services” means any third-party person or entity that provides services to you or your Company, separately from TRAILBLAZER MASTERY, but in connection with the Services, including without limitation social media platforms.
- “You” or “yours” shall mean the undersigned party.
Access; Right to Use
Subject to the terms and conditions of this Agreement, TRAILBLAZER MASTERY grants you a limited, non-exclusive, non-transferable right to use the Services, during the Term of this Agreement. Before using the Services, you must create an account. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. You authorize us to use any information you provide us to verify your antecedents. You are responsible for maintaining the confidentiality of your account username and password. You agree to (a) immediately notify us of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You will be solely responsible for safeguarding your password and also for any actions under your password and account, whether authorized by you or not.
Restrictions
You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Services or any of its parts commercially, other than as specified herein (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of the Services, in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for the Services; (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within the Services and (v) export or re-export the Services or any copy of adaptation in violation of any applicable laws or regulations. While using the Services, you agree to comply will all applicable laws, rules and regulations. You shall not, without limitation: (a) create, use, share and/or publish by any means in relation to the Services any material which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act; (b) modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Service, or their accessibility to other users, or the functioning of the Services, or attempt to do any of the above; (c) transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Services; (c) create, supply or use alternative methods of using the Services; (d) spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature; (e)transmitting or communicating any material or content which is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable; (f) harassing or threatening any other users; or (g) access or use (or permit a third party to access or use) the Services for any unlawful purpose or for any other benchmarking or competitive purposes.
Third-Party Service
As applicable, the Services require using Third-Party Services, some of which are regulated by additional terms and conditions. Please review such additional terms and conditions carefully. You shall not use the Services in violation of such applicable terms and conditions. Your relationship with the applicable Third-Party Service provider is an agreement between you and them. The Services may include functionality that allows you to access or post content to Third Party Services platforms regarding your information. Subject to all the applicable Third-Party Service’s terms and conditions and privacy policies, you hereby grant us permission to access and use the information that you make available through the Third-Party Service platform at issue. To manage the information provided to us, please review the applicable privacy settings. Additionally, you agree and acknowledge that the collection of any information and your participation in the Program is for the sole benefit of the Company’s business. You will not sell, transfer or assign any information that has been collected through the Services to any third person or entity without TRAILBLAZER MASTERY, data subject, or Third-Party Service’s consent, as applicable. WE MAKE NO REPRESENTATION AND WILL HAVE NO LIABILITY OR OBLIGATION WHATSOEVER IN RELATION TO THE CONTENT OR USE OF, OR CORRESPONDENCE, AGREEMENTS OR TRANSACTIONS WITH, ANY THIRD-PARTY SERVICES. YOU MUST COMPLY WITH ALL AGREEMENTS AND OTHER LEGAL REQUIREMENTS THAT APPLY TO THIRD-PARTY SERVICES. FOR AVOIDANCE OF DOUBT, THE SERVICES ARE NOT ENDORSED BY LINKEDIN NOR THEY FORM A PART OF LINKEDIN PRODUCTS.
Confidentiality
Recipient will hold in confidence and use no less than reasonable care to avoid disclosure of any Confidential Information to any third party, except for its employees, affiliates, and contractors who have a need to know (“Permitted Recipients”). Recipient: (a) must ensure that its Permitted Recipients are subject to written confidentiality obligations no less restrictive than the Recipient’s obligations under this Agreement, and (b) is liable for any breach of this Section by its Permitted Recipients. Such nondisclosure obligations will not apply to information that: (i) is known by Recipient without confidentiality obligations; (ii) is or has become public knowledge through no fault of Recipient; or (iii) is independently developed by Recipient. Recipient may disclose Discloser’s Confidential Information if required under a regulation, law or court order provided that Recipient provides prior notice to Discloser (to the extent legally permissible) and reasonably cooperates, at Discloser’s expense, regarding protective actions pursued by Discloser. Upon the reasonable request of Discloser, Recipient will either return, delete or destroy all Confidential Information of Discloser and certify the same.
Data Security
TRAILBLAZER MASTERY takes the security of your information seriously. For additional information about how TRAILBLAZER MASTERY will access, process and use data in connection with your use of the Services in accordance with the Privacy Policy.
Ownership
Except where agreed in writing, nothing in this Agreement transfers ownership in, or grants any license to, the Services or any TRAILBLAZER MASTERY intellectual property rights. You retain any ownership of your own content. TRAILBLAZER MASTERY may use any feedback you provide in connection with your use of the Services as part of its business operations. You are solely responsible for your conduct, the content of your information and your communications with others while using the Services.
Warranties; Disclaimer; Limitation of Liability
Each party represents and warrants that it has full power and authority to enter into this Agreement, and it has all adequate licenses or consents to grant the rights hereunder, and to carry out its obligations hereunder. EXCEPT AS OTHERWISE PROVIDED HEREUNDER, THE SERVICES ARE PROVIDED “AS IS” AND TRAILBLAZER MASTERY MAKES NO, AND EXPRESSLY DISCLAIMS ANY, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE FUNCTIONALITY, NUMBER OF LEADS, PERFORMANCE OR RESULTS OF USE THEREOF. TRAILBLAZER MASTERY SHALL NOT BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, ARISING OUT OF THIS AGREEMENT, REGARDLESS OF WHETHER TRAILBLAZER MASTERY WAS ADVISED, HAD OTHER REASON TO KNOW, OR KNEW OF THE POSSIBILITY THEREOF. IN ANY EVENT, TRAILBLAZER MASTERY MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID AND PAYABLE BY YOU HEREUNDER.
Governing Law
This Agreement will be governed by the laws of Ontario, Canada. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
General Provisions
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. In the event of any conflict between the terms of the Ordering Document, or the terms of the Agreement, the Agreement shall govern. You shall not ship, transfer or export the Services into any country or use them in any manner prohibited by the United States Export Administration Act or any other applicable export control law, restriction or regulation. This Agreement may not be assigned by either party without the prior written consent of the other party, which consent shall not be unreasonably withheld, except no consent shall be required if either party assigns to an affiliate or should it undergo a change of control. This Agreement shall be binding upon and inure to the benefit of the successors and assignees. The termination of this Agreement will not affect the survival and enforceability of any provisions of this Agreement which are expressly or impliedly intended to remain in force after such termination or expiration. TRAILBLAZER MASTERY will have no obligation to perform its obligations hereunder to the extent and for the period that it is prevented from doing so by reason of force majeure or any cause beyond its reasonable control. All notices, requests, demands and other communications required or permitted under this Agreement shall be deemed to have been delivered to a party at the address indicated in the Ordering Document or set forth otherwise in writing (i) when actually received in the case of hand delivery as evidenced by a signed receipt; (ii) the business day after being given to a reputable overnight courier service, with a reliable system for tracking delivery, for delivery the following day; (iii) when sent by confirmed e-mail with a copy sent by Canada Post mail within two (2) business days of the transmission; or (iv) upon receipt, when mailed by Canada Post mail, registered or certified mail, return receipt requested, postage prepaid with copy sent via e-mail address provided (if applicable). This Agreement sets forth the entire agreement between the parties hereto pertaining to the subject matter hereof and terminates supersedes all prior agreements. The terms of the Agreement may only be amended by mutual written agreement of the parties. Any preprinted terms or conditions on any purchase order issued are null and void and will not be binding upon TRAILBLAZER MASTERY unless specifically agreed to, in writing, by the parties pursuant to this Agreement.
If you feel that we are not abiding by these Terms and Condition, you should contact us immediately via telephone at +1 518 291 4779 or via email at derek@trailblazermastery.com