Terms of Use

Acceptance of the Website Terms of Use

Please read these website Terms of Use carefully before you start using www.fieldeffect.com (the “Website”) and any content, functionality or services offered on or through the Website which is made available by Field Effect Software Inc. and its subsidiaries (collectively "Field Effect," "we," "us," "our").

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT HTTPS://FIELDEFFECT.COM/TERMS-PRIVACY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

By using this Website, you represent and warrant that you are of legal age of majority under applicable law to form a binding contract with Field Effect and agree to the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Modifications to the Terms of Use and to the Website

We reserve the right to change and update the terms and conditions for use of the Website from time to time. You agree to periodically review these Terms of Use in order to be aware of any such modifications and your continued use of the Website will be your acceptance of all such changes and modifications.

The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Your Use of the Website, Privacy and Security

The security of your personal information is very important to us and we use and protect your personal information in accordance with our Privacy Policy found here: https://fieldeffect.com/terms-privacy.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website and are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms of Use and comply with them. In order to access and download content on the Website, you will be required to provide certain personal information. It is a condition of your use of the Website that all the information you provide is correct, current, and complete and your provision of this information represents your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) attempting to breach or breaching the security and/or authentication measures which are not authorized; (b) restricting, disrupting or disabling service to users, hosts, servers, or networks; (c) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (d) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (e) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (f) otherwise disrupting network services and attempting to interfere with the proper working of the Website.

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, broadcast, design, presentation, website layout, and selection are owned by Field Effect, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Field Effect name, Field Effect logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Field Effect or its subsidiaries or licensors. You must not use such marks without the prior written permission of Field Effect. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever and for any purpose except: (a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; (b) a single user copy may be downloaded with any proprietary notices intact; and (c) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy, or download any part of our Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Field Effect. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Site Monitoring and Termination

Field Effect has the right, without provision of notice, to terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, (i) any violation of these Terms of Use; or (ii) request by law enforcement or other regulatory authorities.

We have no obligation, nor any responsibility to any party to monitor the Website or its use.

Disclaimer Statement

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

This Website may include content provided by third parties, including third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Field Effect, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Field Effect. Neither Field Effect nor its subsidiaries, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you or any third party for the content or accuracy of any third-party materials.

Third-Party Websites

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

You may link to a page on our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the conditions of use. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND FIELD EFFECT DOES NOT REPRESENT OR WARRANT THAT THE INFORAMTION OR MATERIALS ON THE WEBSITE ARE CORRECT, ACCURATE, CURRENT, RELIABLE OR COMPLETE, THAT THE FUNCTIONS ON THE WEBSITE WILL BE ERROR FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIELD EFFECT SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL FIELD EFFECT NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

Indemnification

You agree to defend, indemnify, and hold harmless Field Effect, its subsidiaries, and their respective directors, officers, employees, service providers, licensees, licensors, successors, and assigns from and against any claims, liabilities, damages, demands, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use.

General Provisions

The Website and these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising out of or relating to this Website and under these Terms of Use will be finally resolved in the courts of competent jurisdiction located in Ottawa, Ontario.

If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Field Effect regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and Contact

This website is operated by Field Effect Software Inc. located at 207-825 Exhibition Way, Ottawa, Ontario, Canada K1S 5J3.

All privacy related questions or requests should be sent to [email protected]. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].

January 20, 2023