TERMS OF USE

Last updated: March 30, 2020

TrustAnalytica Information Services Ltd. (“TrustAnalytica,” "we," "us," or "our") owns and operates the trustanalytica.com website and all related subdomains (the "Site"), and any content and software made available through the Site (“TrustAnalytica Content”).  Collectively, the Site and Content shall be referred to herein as the “Services.” Your use of and access to the Services is governed by these terms of service (the “Terms”). Please read them carefully before using the Services.

1. Acceptance of Terms

1.1 You acknowledge and agree that by accessing or using the Services, or posting or accessing any content on the Site or otherwise through the Services, you are indicating that you have read, understand, and agree to be bound by these Terms.  If you do not agree to these Terms, then you have no right to access or use the Services.   The Terms may be modified by us from time to time, such modifications to be effective upon posting by us on the Services.  We shall notify you of changes to the Terms or Privacy Policy through notices on the Services or by email, or both.  To withdraw your consent, you must cease using the Services and terminate your Account.

1.2 If you breach any provision of these Terms, your right to access and use the Service shall cease immediately.

1.3 If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms. In such case, “you” and “your” will refer to that organization.

2. User Accounts

2.1 Prior to using the Services, you may be required to register for a user account (an “Account”). It is your responsibility to ensure that all information, content, material, or data you provide in your Account is at all times correct, complete, accurate, and not misleading. We accept no responsibility for any loss or damage to you arising from Account information that is not correct, complete, and accurate, or is misleading.

2.2. During the Account registration process, you will select login credentials (“Credentials”). It is your responsibility to keep all of your Account information confidential, including but not limited to your Credentials. You are solely responsible for all activities undertaken through your Account. You must notify us immediately of any unauthorized or suspected unauthorized use of your Account. We accept no responsibility for loss or damage resulting from failure to keep your information confidential or from failing to notify us of unauthorized use of your Account.

2.3 We may, in our sole discretion, terminate your Account and your access to the Services at any time if you are in breach of the Terms.

3. User Content

3.1 You shall retain ownership of any content or material you submit, display, distribute, upload, post, share, publish or otherwise make publicly available on or through the Services (the “User Content”). User Content includes, but is not limited to, any trade names, logos, images, and other proprietary property you make available or link through the Services. By making available any User Content through the Services, you hereby grant (and you represent and warrant that you have the right to grant) to TrustAnalytica a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content. You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to the User Content.

3.2 Without limiting the generality of the foregoing, you grant us the license to use your trade names, logos, images, and other proprietary property in the Services.

3.3 You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. You are not to upload, transmit, display, or distribute any User Content that:

  1. violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  2. is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
  3. is harmful to minors in any way; or
  4. is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

3.4 TrustAnalytica reserves the right (but shall have no obligation) to remove any or all User Content from the Services in its sole discretion. You agree to immediately take down any User Content that violates the Terms, including pursuant to a takedown request from TrustAnalytica. In the event that you elect not to comply with a request from TrustAnalytica to take down certain User Content, TrustAnalytica reserves the right to directly take down such User Content.

3.5 We are not obligated to keep a backup of the User Content. We accept no liability for lost User Content.

4. Third Party Materials

4.1 The Services incorporate certain third-party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third-party licensing such Third Party Software. Nothing in these Terms grants you rights that supersede the terms and conditions of any applicable license for such Third Party Software.

4.2 You may be able to access or use third-party services, Third Party Software, resources, content, documentation or materials (“Third Party Materials”) as part of or during your use of the Services. The inclusion of any Third Party Materials does not imply endorsement by TrustAnalytica of those materials. You acknowledge and agree to sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and TrustAnalytica disclaims any liability that you man incur from your access to or use of such Third Party Materials or any User Content through the Services. You acknowledge and agree that TrustAnalytica: 

  1. is not responsible for the availability or accuracy of such Third Party Materials or the products or services or available from any third parties;
  2. has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials;
  3. does not make any promises to remove Third Party Materials from being accessed through the Services and your ability to access or link to Third Party Materials does not create or imply any endorsement by TrustAnalytica of Third Party Materials or any such third party services; and
  4. has no responsibility or liability for the deletion or failure to store any Third Party Materials maintained or transmitted through use of the Services. You further acknowledge and agree that you are solely responsible for backing up and making copies of any Third Party Materials that you wish to preserve.

5. Compliance with Third Party Review Site Policies

5.1 All users of the Services agree to adhere to the terms of service of all major third-party review sites, including but not limited to Google, Facebook, and Yelp (“Review Sites”). 

5.2 Review Gating: You must not implement any form of review gating. Review gating is a process where businesses send a message to customers asking if their experience was positive or negative. Those who had a positive experience are directed to leave an online review. Those who had a negative experience are typically sent to a form to leave comments that are not made public. When soliciting reviews using the Services, you must provide all recipients the same options to provide feedback, regardless of their sentiment. This applies to review requests sent via standard review templates, custom email templates, and surveys.

5.3 Sites Prohibiting Solicitation of Reviews: When using the Services, you must fully comply with Review Sites such as Yelp that prohibit review solicitation. You must not misuse the Services to bypass Review Sites’ policies.

5.4 Failure to Comply with Review Site Policies: You circumvent, or attempt to circumvent, the terms of service of a Review Site, TrustAnalytica will notify you and allow you 30 days take corrective action. Should you fail to comply within the 30-day notice period, your Account and right to use the Services will be suspended.

6. Permitted Use

6.1 TrustAnalytica grants you a personal, royalty-free, non-assignable, non-exclusive, revocable, limited license to use and access the Services. Please note that you may use the Services for internal business purposes only, and only in the manner permitted by the Terms. You may not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services, or any content provided by or on behalf of TrustAnalytica through the Services, in any way, except as permitted by the Terms.

6.2 You may not use the Services if you are a person barred from receiving the Services under the laws of Canada or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are at least 19 years old, as the Services are not intended for minors under 18.

6.3 You agree not to do any of the following while using the Services:

  1. Use the Services in any unlawful or fraudulent manner, or any other manner prohibited by the Terms;
  2. Use, display, mirror, frame or utilize framing techniques to enclose the Services or any individual element or materials within the Services, TrustAnalytica’s name, any TrustAnalytica trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without TrustAnalytica’s express written consent;
  3. Access, tamper with, or use non-public areas of the Services, TrustAnalytica’s computer systems, or the technical delivery systems of TrustAnalytica’s providers;
  4. Attempt to probe, scan, or test the vulnerability of any TrustAnalytica system or network or breach any security or authentication measures;
  5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TrustAnalytica or any of TrustAnalytica’s providers or any other third party (including another user) to protect the Services;
  6. Attempt to access or search the Services or download TrustAnalytica Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TrustAnalytica or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
  7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  8. Use any meta tags or other hidden text or metadata utilizing a TrustAnalytica trademark, logo URL or product name without TrustAnalytica’s express written consent;
  9. Use the Services for the purpose of bringing an intellectual property infringement claim against TrustAnalytica or for the purpose of creating a product or service competitive with the Services;
  10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source- identifying information;
  11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  12. Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Services, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
  13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  14. Impersonate or misrepresent your affiliation with any person or entity;
  15. Violate any applicable law or regulation; or
  16. Encourage or enable any other individual to do any of the foregoing.

6.4 TrustAnalytica will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. TrustAnalytica may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that TrustAnalytica has no obligation to monitor your access to or use of the Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. TrustAnalytica reserves the right, at any time and without prior notice, to remove or disable access to any TrustAnalytica Content and any User Content that TrustAnalytica, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services.

7. Privacy Policy

7.1 The collection, use and storage of your personal information is governed by our Privacy Policy located at  https://TrustAnalytica.com/privacy. The Privacy Policy is incorporated into these Terms in its entirety. For questions regarding the Privacy Policy, please send an email to  info@TrustAnalytica.com.

8. Pricing and Billing

8.1 Please see the Site for information regarding pricing and billing for these Services. Unless otherwise states, all prices listed on the Site are in Canadian dollars. Taxes and other charges may be added to all listed prices prior to payment. TrustAnalytica reserves the right to change prices at any time. Notice of such changes will be posted to the Site in advance.

8.2 If you have any questions about TrustAnalytica’s billing policies, please contact TrustAnalytica at info@TrustAnalytica.com.

9. Intellectual Property

9.1 The Services contain our copyrighted material, trademarks, and other proprietary information. We own and retain all proprietary rights in the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Services. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

9.2 Subject to the limited licenses granted in these Terms, no license is granted to you or any other party for the use of our intellectual property.

9.3 Any third-party trademarks, service marks or other intellectual property displayed on through the Services are used with the authorization of the owner of the intellectual property, subject to their guidelines for use. We cannot authorize you to use, reproduce or modify any third party intellectual property used in the Services, and are not responsible for any loss or damage you may suffer or incur in connection with your use of any third party intellectual property for your own purpose.

10. Warranties

10.2 You agree that:

  1. If you use the Platform, you do so at your own and sole risk. The Platform is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.
  2. If you access or transmit any content through the use of the Platform, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. We are not responsible for any incorrect or inaccurate content in connection with the Platform, whether caused by Users or by any of the programming associated with or utilized in the Platform. We are not responsible for the conduct, whether online or offline, of any User of the Platform. We assume 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.

10.2 Without limiting the generality of the foregoing, TrustAnalytica, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

  1. the Services will meet your requirements;
  2. access to the Services will be uninterrupted, timely, secure or free from error;
  3. usage data provided through the Services will be accurate;
  4. the quality or reliability of the Platform will meet your expectations
  5. any information you provide or we collect will not be disclosed to third parties;
  6. any account on the Platform is accurate, up to date or authentic; or
  7. third parties will not use your confidential information in an unauthorized manner.

10.3 Under no circumstances will we be responsible for any loss or damage, including monetary loss or personal injury or death, resulting from anyone's use of the Services or any conduct or interactions between users of the Services, whether online or offline.

10.4 Nothing in these Terms shall exclude or limit TrustAnalytica’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law.

11. Indemnification

11.1 You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers' fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Service, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Service or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above.

12. Limitation of Liabilities

12.1 You agree that neither we nor our affiliates, officers, directors, employees, agents and licensors will be liable for any damages whatsoever, including direct, indirect, incidental, punitive, special, consequential or exemplary damages, in connection with, or otherwise resulting from, any use of the Service, even if we have been advised of the possibility of such damages. We shall not be liable for any damages, liability, or losses arising from, relating to, or connected with:

  1. the use or inability to use the Services;
  2. disclosure of, unauthorized access to or alteration of your Account;
  3. actions or inactions of other users or any other third parties for any reason; or
  4. any other matter arising from, relating to or connected with the Services or these Terms.

12.2 In any event, our aggregate liability for damages pursuant to any breach of these Terms will not exceed the amount paid by you for the Services for the three months preceding the event from which the claim arises.

12.3 We will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.

12.4 You acknowledge and agree that the disclaimers of warranties above and these limitations of liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to access the Services. You acknowledge and agree that such provisions are reasonable and fair.

13. Termination

13.1 Without limiting other remedies, TrustAnalytica may at any time suspend, terminate, or refuse to provide you with access to the Services. In addition, TrustAnalytica may notify authorities or take any actions it deems appropriate, without notice to you, if TrustAnalytica suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms or any policies or rules established by TrustAnalytica; or (ii) engaged in actions relating to or in the course of using the Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, TrustAnalytica users, TrustAnalytica or any other third parties, or the Services.

13.2 Without limiting any other provisions of these Terms, you may stop using the Services at any time.

13.3 After any termination, you understand and acknowledge that we will have no further obligation to provide the Services and all licenses and other rights granted to you by these Terms will immediately cease. TrustAnalytica will not be liable to you or any third party for termination of the Services or termination of your use such. Upon any termination or suspension, any content, materials or information (including User Content) that you have submitted on the Services will no longer be accessible by you. However, TrustAnalytica shall continue to have a license to utilize the User Content.

13.4 Any suspension, termination or cancellation will not affect your obligations to TrustAnalytica under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

14. Changes to Services or Terms

14.1 TrustAnalytica reserves the right, in its sole discretion, to modify, discontinue or terminate the Services, or any part thereof, or to modify these Terms, at any time. Changes to the Services may include the modification or discontinuation of any “review aggregation” services currently offered as part of the Services. If we modify these Terms, we will post the modification on the Site or otherwise provide you with notice of the modification. By continuing to access or use the Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. Please visit this page regularly to review these Terms for any changes.

15. Dispute Resolution

15.1 In the event a dispute arises out of or in connection with these Terms, the parties shall attempt to resolve the dispute through friendly consultation.

15.2 If the dispute is not resolved within a reasonable period, then any or all outstanding issues shall be referred to arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre (the “BCICAC”). The appointing authority shall be the BCICAC and the case shall be administered by the BCICAC in accordance with its Rules.

16. Feedback

16.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at info@TrustAnalytica.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of TrustAnalytica and you hereby irrevocably assign to TrustAnalytica and agree to irrevocably assign to TrustAnalytica all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At TrustAnalytica’s request and expense, you will execute documents and take such further acts as TrustAnalytica may reasonably request to assist TrustAnalytica to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

17. General

17.1 These Terms, together with our Privacy Policy, constitute the entire agreement between the parties relating to the Services and all related activities.

17.2 If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

17.3 The failure of TrustAnalytica to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by TrustAnalytica must be in writing and shall only apply to the specific instance identified in such writing.

17.4 You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.

17.5 These Terms and any action related thereto will be governed by the laws of the Province of British Columbia without regard to its conflict of laws provisions.

18. Contact Us

18.1 If you have any questions about these Terms, please contact TrustAnalytica at info@TrustAnalytica.com.

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