These Terms of Service are applicable to the Windshieldink website, all related affiliates, sub-domains and sub-directories and Windshieldink Corp. (hereinafter referred to as “Windshieldink”).
BY ACCESSING THIS WEBSITE AND/OR USING THE WINDSHIELDINK SERVICES (AS HEREINAFTER DEFINED) YOU ACCEPT ALL OF THE TERMS AND CONDITIONS HEREINAFTER SET FORTH AND AGREE TO COMPLY WITH SAME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY CEASE USING AND ACCESSING THE SERVICES.
These Terms of Service (“Terms”) govern access and use of Windshieldink’s services, including the website, SMS, APIs, email notifications, applications (mobile or otherwise), buttons, widgets, ads, and commerce services (collectively the “Services”), and any information, text, graphics, messages, photos, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You agree that by clicking “Join Now”, “Join Windshieldink”, “Sign Up” or any such similar, registering, accessing or using the Services (including but not limited to the related mobile app, developer platforms, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, provincial, national, and international laws, rules and regulations.
1. Basic Terms
You are responsible for your use of the Services, for all content posted using the Services, and for any and all consequences thereof. You should only provide content and information that you are comfortable sharing with other users under these Terms.
The Services that Windshieldink provides are continually evolving, and the form and nature of the Services that Windshieldink provides may be amended and/or ceased (permanently or temporarily) from time to time without prior notice to you. We also retain the right to create limits on use and storage at our sole discretion at any given time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Windshieldink or the Services are subject to change. In consideration for Windshieldink granting you access to and use of the Services, you agree that Windshieldink and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions taken under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Windshieldink cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Content on the Services
All Content, whether publicly or privately transmitted, is the sole responsibility of the person from who such Content originated. We will not monitor or control the Content transmitted via the Services and we will not take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. Abusive behavior will not be tolerated, please review the Abusive Behavior Policy.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications transmitted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, transmissions that have been mislabelled or are otherwise deceptive. Under no circumstances will Windshieldink be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Your Rights
You retain your rights to all Content you submit, transmit, or display on or through the Services. Windshieldink will not make Content submitted to or through the Services available to any other companies, organizations or individuals unless required to do so by law or by an order of a court of competent jurisdiction.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners.
6. Your License To Use the Services
Windshieldink gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Windshieldink as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Windshieldink, in the manner permitted by these Terms.
7. Windshieldink Rights
All rights, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Windshieldink (and its licensors as the case may be). Nothing herein gives you or shall be construed to give you a right to use the Windshieldink name or any of the Windshieldink trademarks, logos, domain names, and other distinctive brand features. All feedback, comments, or suggestions you may provide regarding Windshieldink , or the Services is entirely voluntary and we have the right to use such feedback, comments or suggestions as deemed appropriate and without any obligation to you and you hereby consent to our said use.
8. Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim subscriptions without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Windshieldink, its users and the public.
You may not do any of the following while accessing or using our Services: (i) access, tamper with, or use non-public areas of the Services, Windshieldink's computer systems, or the technical delivery systems of Windshieldink ’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise), unless you have been specifically allowed to do so in a separate agreement with Windshieldink ; (iv) forge any part of the header information in any email or transmission, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Copyright Policy
Windshieldink respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
10. SMS, Messaging, Text Messages, and other Communications
In engaging our Services you may be sent emails or text messages. You will be charged your mobile telephone network provider's standard rate for receiving all SMS messages and standard wireless and data charges will apply to all e-mails. Windshieldink does not charge you for this correspondence. Your mobile telephone network provider may impose message, standard wireless and/or data charges or charge limitations which are beyond our control and for which you are solely responsible. Windshieldink shall not, under any circumstances, be responsible for any such charges.
By engaging our Services, including registering, you agree to receive text messages and e-mails relating to our Services.
You hereby represent and warrant that you are the owner of the mobile device to which you have requested the SMS messages be sent to, that you have full authority to authorize such SMS messages and any associated charges related thereto and that you are and will be solely responsible for such charges, if any, charged to you by the relevant mobile device network provider.
Windshieldink is not liable for any delays or failures in your receipt of any SMS messages or e-mails as delivery is subject to effective transmission to and from your mobile device network provider and processing by your mobile device.
Windshieldink reserves the right to suspend or terminate SMS service without prior notice to you.
11. Termination of Terms
These Terms are applicable until terminated by either you or Windshieldink as follows:
You may terminate your legal agreement with Windshieldink at any time and for any reason by deactivating your account(s) and discontinuing your use of the Services. You do not need to inform Windshieldink when you cease use of the Services. If you cease using the Services without deactivating your account(s), your account(s) may be deactivated after prolonged inactivity. If you do not deactivate your account, then you may continue to receive communications either by e-mail or SMS or otherwise.
Windshieldink can suspend or terminate your account(s) or cease providing you with all or part of the Services at any time and for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make all reasonable efforts to notify you by the email address associated with your account or the future attempts to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services.
Nothing in this section shall affect Windshieldink’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
12. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Windshieldink and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Windshieldink Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the generality of the foregoing, to the maximum extent permitted under applicable law, THE WINDSHIELDINK ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Windshieldink Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system or mobile device, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Windshieldink Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain offers and links to third-party websites or resources. You acknowledge and agree that the Windshieldink Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Windshieldink Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WINDSHIELDINK ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WINDSHIELDINK ENTITIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS IN CANADIAN CURRENCY (CAD. $100.00) OR THE AMOUNT YOU PAID WINDSHIELDINK, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE WINDSHIELDINK ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
13. General Terms
A. Waiver and Severability
The failure of Windshieldink to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to or application of its conflict of law provisions or your place or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or provincial courts located in Toronto, Ontario Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum or jurisdiction.
C. Entire Agreement
Windshieldink reserves the right to amend these Terms from time to time. Current Terms will be available at all times at Windshieldink.com. If the revision, in our sole discretion, is material we will notify you via a Windshieldink update or e-mail to the email address associated with your account. By continuing to access or use the Services after any revisions come into effect, you agree to be bound by the Terms as revised or amended from time to time.
The foregoing policies are effective as of August 19, 2015.