Website Terms of Use
OWNERSHIP OF SITE – TERMS OF USE
These Terms and Conditions of Use apply to the
www.bullitproof.ca web site and all
associated sites linked to it, its subsidiaries and affiliates, including all
other Bullitproof Group of Companies web sites around the world (collectively,
the Site"). The Site is the property of Bullitproof Canada Inc. and is
used under license agreement.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, IF YOU DO
NOT AGREE, DO NOT USE THE SITE. THANK YOU FOR YOUR ATTENTION TO THIS MATTER.
The Bullitproof Group of Companies (collectively,
"Bullitproof") reserves the right, at its sole discretion, to change, modify,
add or remove portions of these Terms of Use, at any time. It is your responsibility to check
these Terms of Use periodically for changes. Your continued use of the Site
following the posting of changes will mean that you accept and agree to the
changes. As long as you comply with these Terms of Use, Bullitproof grants you a
personal, non-exclusive, non-transferable, limited privilege to enter and use
the Site.
CONTENT
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music, artwork and computer code
(collectively, "Content"), including but not limited to the design, structure,
selection, coordination, expression, "look and feel" and arrangement of
such Content, contained on the Site is owned, controlled or licensed by or to
Bullitproof, and is protected by trade, copyright, patent and trademark laws,
and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part
of the Site and no Content may be copied, reproduced, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted or distributed in
any way, (including "mirroring") to any other
computer, server, Web site or other medium for publication or distribution or
for any commercial enterprise, without Bullitproof’s prior expressed written
consent.
You may use information made available by Bullitproof for
downloading from the Site, provided that you (1) not remove any proprietary
notice language in all copies of such documents, (2) use such information only
for your personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media, (3)
make no modifications to any such information, and (4) not make any additional
representations or warranties relating to such documents.
Your Use of the Site
You may not use any automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the Site or any Content, or in any way reproduce
or circumvent the navigational structure or presentation of the Site or any
Content, to obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the Site. Bullitproof
reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any
portion or feature of the Site, or any other systems or networks connected to
the Site or to any Bullitproof server, or to any of the services offered on or
through the Site, by hacking, password mimicking or any
other illegitimate means.You may not probe, scan or test the vulnerability of
the Site or any network connected to the Site, nor breach the security or
authentication measures on the Site or any network connected to the Site.
You may not reverse look-up, trace or seek to trace any
information on any other user of or visitor to the Site, or any other customer
of Bullitproof’s, including any Bullitproof’s account not owned by you, to its
source, or exploit the Site or any service or information made available or
offered by or through the Site, in any way where the purpose is to reveal any
information, including but not limited to personal identification or
information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of the Site
or Bullitproof’s systems or networks, or any systems or networks connected to
the Site or to Bullitproof.You agree not to use any device, software or
routine to interfere or attempt to interfere with the proper working of the Site
or any transaction being conducted on the Site, or with any other person’s use
of the Site.You may not forge headers or otherwise manipulate identifiers in
order to disguise the origin of any message or transmittal you send to
Bullitproof on or through the Site or any service offered on or through the
Site. You may not pretend that you are, or that you represent, someone else, or
impersonate any other individual or entity.You may not use the Site or any
Content for any purpose that is unlawful or prohibited by these Terms of Use, or
to solicit the performance of any illegal activity or other activity which
infringes the rights of Bullitproof or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of
goods or services and to specific portions or features of the Site, including
contests, promotions or other similar features, all of which terms are made a
part of these Terms of Use by this reference. You agree to abide by such other
terms and conditions, including where applicable representing that you are of
sufficient legal age to use or participate in such service or feature. If there
is a conflict between these Terms of Use and the terms posted for or applicable
to a specific portion of the Site or for any service offered on or through the
Site, the latter terms shall control with respect to your use of that portion of
the Site or the specific service.
Bullitproof’s obligations, if any, with regard to its
products and services are governed solely by the agreements pursuant to which
they are provided, and nothing on this Site should be construed to alter such
agreements. Bullitproof may make changes to any products or services offered
on the Site, or to the applicable prices for any such products or services, at
any time, without notice. The materials on the Site with respect to products and
services may be out of date, and Bullitproof makes no commitment to update the
materials on the Site with respect to such products and services. These policies may be changed from
time to time and are effective immediately upon posting such changes on the
Site.
Accounts, passwords, security, certain features or services
offered on or through the Site may require you to open an account (including
setting up an Bullitproof ID and password). You are entirely responsible for
maintaining the confidentiality of the information you hold for your account,
including your password, and for any and all activity that occurs under your
account as a result of your failing to keep this information secure and
confidential. You agree to notify Bullitproof immediately of any unauthorized
use of your account or password, or any other breach of security. You may be
held liable for losses incurred by Bullitproof or any other user of or visitor
to the Site due to someone else using your Bullitproof ID, password or account
as a result of your failing to keep your account information secure and
confidential.You may not use anyone else’s Bullitproof ID, password or account
at any time without the express permission and consent of the holder of that
Bullitproof ID, password or account. Bullitproof cannot and will not be liable
for any loss or damage arising from your failure to comply with these
obligations.
PRIVACY POLICY
The Bullitproof Privacy Policy applies to use of this Site,
and its terms are made a part of these Terms of Use by this reference. To view
the Bullitproof Privacy Policy, click
here.
Additionally, by using the Site, you acknowledge and agree that Internet
transmissions are never completely private or secure. You understand that any
message or information you send to the Site may be read or intercepted by
others, even if there is a special notice that a particular transmission (for
example, credit card information) is encrypted.
LINKS TO OTHER SITES
The Bullitproof site may contain links to other independent
third-party web sites (collectively, "Linked Sites"). These Linked
Sites are provided solely as a convenience to our visitors. Such Linked Sites
are not under Bullitproof control, and Bullitproof is not responsible for and
does not endorse the content of such Linked Sites, including any information or
materials contained on such Linked Sites. You will need to make your own
independent judgment regarding your interaction with these Linked Sites.
DISCLAIMERS
BULLITPROOF DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF
THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE
CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE
AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO
CHANGE WITHOUT NOTICE. BULLITPROOF CANNOT ENSURE THAT ANY FILES OR OTHER DATA
YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES. BULLITPROOF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. BULLITPROOF 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 SITE AND/OR ANY BULLITPROOF SERVICES. YOU ASSUME
TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE
REMEDY AGAINST BULLITPROOF FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS
TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART
OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or
injuries caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction of or unauthorized access to,
alteration of, or use, whether for breach of contract, tort, negligence or any
other cause of action. Bullitproof
reserves the right to do any of the following, at any time, without notice: (1)
to modify, suspend or terminate operation of or access to the Site, or any
portion of the Site, for any reason; (2) to modify or change the Site, or any
portion of the Site, and any applicable policies or terms; and (3) to interrupt
the operation of the Site, or any portion of the Site, as necessary to perform
routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Bullitproof
be liable to you for any indirect, consequential, exemplary, incidental or
punitive damages, including lost profits, even if Bullitproof has been advised
of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Bullitproof is
found to be liable to you for any damage or loss which arises out of or is in
any way connected with your use of the Site or any Content, Bullitproof’s
liability shall in no event exceed the greater of (1) the total of any
subscription or similar fees with respect to any service or feature of or on the
Site paid in the six months prior to the date of the initial claim made against
Bullitproof (but not including the purchase price for any Bullitproof products
or services any), or (2) US$100.00. Some jurisdictions do not allow limitations
of liability, so the foregoing limitation may not apply to you. Indemnity You agree to indemnify and
hold Bullitproof, its officers, directors, shareholders, predecessors,
successors in interest, employees, agents, subsidiaries and affiliates, harmless
from any demands, loss, liability, claims or expenses (including attorney’s
fees), made against Bullitproof by any third party due to or arising out of or
in connection with your use of the Site.
Violation of These Terms of Use
Bullitproof may disclose any information we have about you
(including your identity) if we determine that such disclosure is necessary in
connection with any investigation or complaint regarding your use of the Site,
or to identify, contact or bring legal action against someone who may be causing
injury to or interference with (either intentionally or unintentionally)
Bullitproof’s rights or property, or the rights or property of visitors to or
users of the Site, including Bullitproof’s customers. Bullitproof reserves the
right at all times to disclose any information that Bullitproof deems necessary
to comply with any applicable law, regulation, legal process or governmental
request. Bullitproof also may disclose your information when Bullitproof
determines that applicable law requires or permits such disclosure, including
exchanging information with other companies and organizations for fraud
protection purposes.You acknowledge and agree that Bullitproof may preserve
any transmittal or communication by you with Bullitproof through the Site or any
service offered on or through the Site, and may also disclose such data if
required to do so by law or Bullitproof determines that such preservation or
disclosure is reasonably necessary to (1) comply with legal process, (2) enforce
these Terms of Use, (3) respond to claims that any such data violates the rights
of others, or (4) protect the rights, property or personal safety of
Bullitproof, its employees, users of or visitors to the Site, and the
public.You agree that Camlachie Properties may, in its sole discretion and
without prior notice, terminate your access to the Site and/or block your future
access to the Site if we determine that you have violated these Terms of Use or
other agreements or guidelines which may be associated with your use of the
Site. You also agree that any violation by you of these Terms of Use will
constitute an unlawful and unfair business practice, and will cause irreparable
harm to Bullitproof, for which monetary damages would be inadequate, and you
consent to Bullitproof obtaining any injunctive or equitable relief that
Bullitproof deems necessary or appropriate in such circumstances. These remedies
are in addition to any other remedies Bullitproof may have at law or in
equity.You agree that Bullitproof may, in its sole discretion and without
prior notice, terminate your access to the Site, for cause, which includes (but
is not limited to) (1) requests by law enforcement or other government agencies,
(2) a request by you (self-initiated account deletions), (3) discontinuance or
material modification of the Site or any service offered on or through the Site,
or (4) unexpected technical issues or problems.If Bullitproof does take any
legal action against you as a result of your violation of these Terms of Use,
Bullitproof will be entitled to recover from you, and you agree to pay, all
reasonable attorney’s fees and costs of such action, in addition to any other
relief granted to Bullitproof. You agree that Bullitproof will not be liable to
you or to any third party for termination of your access to the Site as a result
of any violation of these Terms of Use.
Governing Law & Dispute Resolution
You agree that all matters relating to your access to or use
of the Site, including all disputes, will be governed by the laws of Canada and by the laws of the
Province of Ontario
without regard to its conflicts of laws provisions. You agree to the personal
jurisdiction by and venue in the Province and federal courts in Ontario, Canada
and waive any objection to such jurisdiction or venue. The preceding provision
regarding venue does not apply if you are a consumer based in the European
Union. If you are a consumer based in the European Union, you may make a claim
in the courts of the country where you reside. Any claim under these Terms of
Use must be brought within one (1) year after the cause of action arises, or
such claim or cause of action is barred. Claims made under the separate terms
and conditions of purchase for goods and services are not subject to this
limitation. No recovery may be sought or received for damages other than
out-of-pocket expenses, except that the prevailing party will be entitled to
costs and attorney’s fees. In the event of any controversy or dispute between
Camlachie Properties and you arising out of or in connection with your use of
the Site, the parties shall attempt, promptly and in good faith, to resolve any
such dispute. If we are unable to resolve any such dispute within a reasonable
time (not to exceed thirty (30) days), then either party may submit such
controversy or dispute to mediation. If the dispute cannot be resolved through
mediation, then the parties shall be free to pursue any right or remedy
available to them under applicable law.
Void Where Prohibited
Bullitproof administers and operates the
www.bullitproof.ca Site from
Ontario, Canada; other
Bullitproof sites may be administered and operated from various locations
outside Canada.
Although the Site is accessible worldwide, not all features, products or
services discussed, referenced, provided or offered through or on the Site are
available to all persons or in all geographic locations, or appropriate or
available for use outside Canada. Bullitproof reserves the right to limit, in
its sole discretion, the provision and quantity of any feature, product or
service to any person or geographic area. Any offer for any feature, product or
service made on the Site is void where prohibited. If you choose to access the
Site from outside
Miscellaneous
You may not use or export or re-export any Content or any
copy or adaptation of such Content, or any product or service offered on the
Site, in violation of any applicable laws or regulations, including without
limitation to Canadian export laws and regulations.If any of the provisions of
these Terms of Use are held by a court or other tribunal of competent
jurisdiction to be void or unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary and replaced with a valid provision
that best embodies the intent of these Terms of Use, so that these Terms of Use
shall remain in full force and effect. These Terms of Use constitute the entire
agreement between you and Bullitproof with regard to your use of the Site, and
any and all other written or oral agreements or understandings previously
existing between you and Bullitproof with respect to such use are hereby
superseded and cancelled. Other than as provided in a purchase agreement you
enter into with Bullitproof, Bullitproof will not accept any counter-offers to
these Terms of Use, and all such offers are hereby categorically rejected.
Bullitproof’s failure to insist on or enforce strict performance of these Terms
of Use shall not be construed as a waiver by Bullitproof of any provision or any
right it has to enforce these Terms of Use, nor shall any course of conduct
between Bullitproof and you or any other party be deemed to modify any provision
of these Terms of Use. These Terms of Use shall not be interpreted or construed
to confer any rights or remedies on any third parties. Bullitproof provides
access to Bullitproof international data and, therefore, may contain references
or cross references to Bullitproof products, programs and services that are not
announced in your country. Such reference does not imply that Bullitproof in
your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be
Any feedback you provide at this site shall be deemed to be
non-confidential. Bullitproof shall be free to use such information on an
unrestricted basis.The information contained in this web site is subject to
change without notice.
Last Updated: December 4, 2011