7Geese – General User Terms

These General Terms and Conditions (the “General Terms”)-together with the other documents referenced and linked below (collectively, the “Agreement”) – describe your rights and responsibilities concerning your use of the services offered by Paltech Solutions Inc. dba 7Geese (“7Geese”), including via the www.7geese.com website and all associated services (collectively, the “Services”). Your use of the Services constitutes your acceptance of the Agreement. Therefore, please take the time to review these terms carefully.

If you do not agree with some or all of these terms, do not use the Services.

Last revised January 5, 2012.

  1. Operator

    The Services, including the 7Geese.com website are provided by 7Geese. In this Agreement, the terms “we”, “our” and “us” refer to 7Geese.

  2. Modifications and Updates to These Terms and Conditions

    We reserve the right to update or modify (collectively “change”) the terms of this Agreement (including those documents that are incorporated herein by reference) at any time and from time to time, without prior notice to you. Your use of the Services following any such change constitutes your agreement to follow and be bound by such changes. For this reason, we encourage you to review this Agreement (and all documents incorporated by reference, as set out below) whenever you visit the 7Geese.com website. We will include a “last revised” date on this Agreement as displayed on the website.

  3. Termination of Your Use of the Services

    In addition to any other rights or remedies available to us, in our sole discretion we may terminate or restrict your access to this Services or any component thereof at any time, without notice or liability to you.

  4. Ownership

    All of the content on or made available via the Services, including without limitation all of the page headers, images, illustrations, graphics, audio clips, video clips, multimedia clips, interfaces and text (collectively “Material”) is the property of 7Geese or its licensors-as are all trade-mark, copyright, patent and/or other intellectual property rights arising therefrom.

    The Material is protected under copyright, trade-mark and other laws of Canada and other countries, and 7Geese owns all copyright in the selection, co-ordination, arrangement and enhancement of the Material.

    7GEESE, and the 7 GEESE & SOCIAL PERFORMANCE PLATFORM Design are trade-marks and/or trade names of 7Geese. All other company names, brand names, trade-marks and logos are the property of their respective owners. Nothing made available via the Services or contained on the website will be construed as granting any license or right to use any trade-marks (whether by implication or otherwise), including 7Geese’s trade-marks, except with the express written permission of 7Geese or such other party that may be the owner thereof.

  5. Permitted Use of the Services; Prohibitions

    You may download, print and store selected portions of the Material provided that you: (a) only use these copies of the Material for your own personal, non-commercial use; (b) do not copy or post the Material on any network computer, or broadcast or redistribute the Material in any media or through any other channel; (c) do not modify or alter the Material in any way; and (d) do not delete, obscure or change any copyright, trade-mark or other proprietary notice contained in the Material. Additionally, you understand that by using the Services that you may be exposed to Material that you may find offensive or objectionable and that, in this respect, you use the Services at your own risk.

  6. Prohibitions

    Except to the limited extent expressly permitted above, any other use of any of the Material (whether in whole or in part) is strictly prohibited. Without limiting the foregoing, you must not frame, mirror, scrape, or mine any of the Material except with our prior written consent. Additionally, without limiting the foregoing, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Material (whether in whole or in part) unless you have been specifically told that you may do so by 7Geese or by the owners of that Material in a separate agreement. Except as indicated by our robots.txt or similar file, you may not use any robot, spider, other automatic device or manual process to monitor or copy web pages or the Material. You may not, whether directly or indirectly, use any device, software or routine or otherwise interfere or attempt to interfere with the proper working of the Services. You may not take any action that places a disproportionately large load on the infrastructure of the Services.

    We may enforce our rights to the fullest extent of the law should you breach any of these terms and conditions.

  7. Feedback

    We seek and welcome your feedback regarding the Services. In the event you provide us with any such material (whether through the Services, by electronic mail or otherwise) including any questions, comments, suggestions, testimonials or the like (all of which are collectively called “Feedback”), you retain ownership of all rights in such Feedback. However, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to delete, reproduce, modify, adapt, publish, translate, share, rent, lend, create derivative works from, distribute, commercialize, communicate by telecommunication, display and otherwise use such Feedback throughout the world in any media, now known or hereafter developed for any purpose, and you waive any and all moral rights in the Feedback. You also agree that we are free to use any ideas, concepts, know-how, or techniques contained in any Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. You also grant us the right to use the name you submit (if any) with such Feedback in connection with our rights hereunder. By providing Feedback, you warrant that the content of such Feedback is not subject to any third party copyright or any other proprietary rights, and that you have full capacity and authority to provide such Feedback and this license to the Feedback.

  8. Privacy

    You have read, understood and agreed to our Privacy and Security Policy, the terms of which appear on the Website and are incorporated by reference into this Agreement, and agree that the terms of such Privacy and Security Policy are reasonable. You consent to the use of your personal information by 7Geese and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy and Security Policy.

  9. Links

    The Website may contain, and the Services may make available, links to other web sites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by 7Geese of the linked web site or information contained therein. Your use of such sites and your dealings with the owners or operators thereof are at your own risk.

  10. Errors and Corrections; Disclaimers

    The Services, including the 7Geese.com website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you.

    All Material is provided “as is”, “where is”, “as available”, without representations or warranties of any kind. TO THE FULL EXTENT PERMITTED BY LAW, 7GEESE, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, MEMBERS AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE. Without limiting the foregoing, we do not represent or warrant that the Material is accurate, complete, reliable, useful, timely or current or that the Services will operate without interruption or error. We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to or use of the Services or your downloading of any Material, or inability to do any of the foregoing. We make no representation that the Material provided via the Services is applicable or appropriate for use in locations outside of Canada.

  11. Limitation of Liability

    Your use of the Services is undertaken at your own risk. Under no circumstances will 7Geese, our affiliates or agents be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Services, your reliance on any Material, or any consequences flowing therefrom. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

    Notwithstanding the foregoing, if for any reason we are found liable for any loss or damage which arises out of or is in any way connected to your use of (or inability to use) the Services or Material, then our total aggregate liability under such circumstances will not exceed two Canadian dollars (CAD $2.00), in aggregate.

    If you are dissatisfied with the Services, any Material or with this Agreement, your sole and exclusive remedy is to discontinue using the Services.

  12. Indemnification

    You agree to indemnify and save harmless 7Geese, our affiliates, and their respective directors, officers, agents, members and suppliers (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Services or your breach of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who Is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive termination of this Agreement and your cessation of use of the Services.

  13. Governing Law and Courts; Timing of Claims

    This Agreement and your use of the Services (including access to the 7Greese.com website) will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further agree that despite being available from a variety of jurisdictions, the Services (including access to the 7Greese.com website) will be deemed solely based in the Province of British Columbia, Canada; and that the Services (including access to the 7Greese.com website) shall be deemed to be passive in nature and not giving rise to personal jurisdiction over 7Geese in jurisdictions other than the Province of British Columbia. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Services and this Agreement. However, you agree that nothing herein precludes 7Geese’s application for injunctive remedies or other urgent legal relief in any jurisdiction. You agree that any claim or cause of action you may have arising from, connected with, or relating to this Agreement or the Services must be commenced in a court of competent jurisdiction in the Province of British Columbia within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.

  14. Severability

    The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.

  15. Other Jurisdictions

    Use of the Services is unauthorized in jurisdictions that do not give effect to this Agreement or where access to or use of the Services may be illegal or prohibited. Those who choose to access the Services from such locations do so on their own initiative, at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.

  16. Waiver

    No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

  17. Enurement

    The provisions of this Agreement will enure to the benefit of and be binding upon each of 7Geese and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of 7Geese which may be withheld in 7Geese’s sole discretion. 7Geese may assign this Agreement and its rights and obligations under this Agreement without your consent or notice to you.

  18. Survival

    The provisions of Sections 4, 6-8 and 10-19 will survive termination of the Agreement, howsoever occasioned.

  19. Entire Agreement

    This Agreement, together with those documents incorporated or referred to herein, constitutes the entire agreement between you and 7Geese relating to your use of the Services and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by the express and explicit agreement of 7Geese to modify this Agreement in writing, or by 7Geese making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. No 7Geese employee or agent has the authority to vary this Agreement.
     

Registered User Terms

These User Terms and Conditions (the “User Terms”)-together with the other documents referenced and linked below (collectively, the “Agreement”)-describe your rights and responsibilities concerning your use of the services offered by Paltech Solutions Inc. dba 7Geese (“7Geese”), including via the 7geese.com website and all associated services (collectively, the “Services”).

If there are any provisions with which you do not agree, you may not use this website or any aspect of the service.

Last revised January 5, 2012.

  1. Operator and Provider

    The Services are provided by 7Geese. In this Agreement, the terms “we”, “our” and “us” refer to 7Geese.

  2. Modifications and Updates to This Agreement and Conditions

    We reserve the right to unilaterally update or modify (collectively “change”) this Agreement at any time and from time to time. We will notify you of any changes to this Agreement by posting notice of such changes on the 7Geese.com or otherwise via the Services, or sending notice to you via email. You agree that we have this right, and that your continued use of the Services following notice of such change means that you agree to and accept the amendments. If you do not agree, you must immediately stop using the Services, and notify us that you are terminating this Agreement.

  3. Other Terms

    You understand and acknowledge that your use of the Services is also governed by the General Terms, which you have read and understand, and to which you agree. In addition, you understand and acknowledge that your use of the Services is also governed by the 7Geese Privacy and Security Policy, which you have read and understand, and to which you agree. You consent to the collection, use and disclosure of your personal information by us and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy and Security Policy, and you agree that the terms of such Privacy and Security Policy are reasonable.

    In addition, you also agree that your use of the Services will also be subject to such other policies and procedures as may be conveyed to you by us from time to time, including via the Services. Such policies and procedures, together with the General Terms and Privacy and Security Policy are herein incorporated by reference, mutatis mutandis. Capitalized terms not otherwise defined herein have the meanings attributed to them in the User Terms and the Privacy and Security Policy.

  4. Description of Services

    We provide access to software and related services available via the Website and through other channels. You are responsible for providing, at your own expense, all equipment necessary to use the Services, at your sole cost. Subject to this Agreement, you may access and use the services you have been authorized or licensed by 7Geese to access and use, during the term of this Agreement. Unless we have given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services, or grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services to any third person.

  5. Account Eligibility

    You may create an account to access the Services only if you:

    (a) can lawfully enter into and form contracts in accordance with local laws; and

    (b) you have not previously opened an account on the Services.

    Additionally, to the extent that you are using a paid version of our services, you must also have arranged for a valid form of payment that is expressly accepted by 7Geese. You represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and the corporation or other organization named in the account sign-up process.

  6. Account Sign-Up

    When you sign up for an account you will be required to provide a work email address, to provide your name, title and phone number, and to indicate the size of your company. You will also be given the opportunity to provide certain optional information. You may acquire an account either directly from 7Geese, or through an employer’s corporate license. A corporate license is a license granted to an employer by 7Geese which allows the employer to authorize 7Geese accounts for a specified number of employees. If your employer acquires a corporate license and you already have a 7Geese account, your existing personal account may be ported to your employer’s corporate license. If you have an account under your employer’s corporate license and you cease to be an employee for such employer, your account may be ported to a personal account in which your access to the Services shall continue. In such case, you may be provided with new log-in credentials.

    We reserve the right to refuse to permit the opening of an account, or the provision of service, to anyone at any time for any reason.

  7. Your Account Data

    You agree to: (a) provide true, accurate, current and complete information as prompted by all Service-related registration forms and account settings (“Data”); and (b) maintain and promptly update the Data to keep it true, accurate, current and complete.

    You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your account; you may not transfer or share your account with anyone. Accordingly, you acknowledge that you will be solely responsible to 7Geese for all activities that occur with the use of your account credentials-whether financial or otherwise. If you provide any Data that is (or which we have reasonable grounds to suspect is) untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our services (including the Services) or any portion thereof.

  8. Submissions

    With respect to material or data of any kind uploaded or otherwise submitted with your account credentials via the Services (other than Feedback, as defined in the “General Terms“) (“Submissions”), you give us a perpetual, irrevocable, worldwide, royalty-free, sub-licensable and transferable non-exclusive license to use, reproduce, adapt, modify, translate, publish, rent, lend, share, communicate by telecommunication, publicly perform, publicly display and distribute your Submissions without notice or compensation to you. This license includes, without limitation, the right for us to repurpose and commercialize the Submissions in any manner whatsoever. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the foregoing license. In addition, you agree to and hereby irrevocably waive any and all moral and other non-transferable rights you have in the Submissions.

    Any Submissions you send or otherwise make available through use of the Services is done solely at your own risk. We cannot control the actions of other users with whom you may chose to share any information, and cannot and do not guarantee that Submissions you send or otherwise make available will not be viewed by unauthorized persons. You shall be solely responsible for your own Submissions and the consequences of posting or publishing it, including any loss or damage which we may suffer as a result thereof.

  9. Your Representations and Warranties

    In using the Services, you shall at all times act reasonably, and in good faith.

    You additionally agree, represent and warrant that you shall not: (a) bypass or attempt to bypass any measures we may use to prevent or restrict access to the Services; (b) interfere or attempt to interfere with the proper functioning of the Services; and (c) impersonate or attempt to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or provide false Data.

    In uploading Submissions, you further agree, represent and warrant that: (a) all rights in and to the Submissions (including, without limitation all trade-mark, trade secret, patent, copyright, moral, or other proprietary rights), are owned by you or you have full authority by way of the necessary licenses, permissions, waivers and consents to use the Submissions, and upload the Submissions for use by us (for the purposes described herein) and by other Service users, and grant the license contained herein; (b) the Submissions do not contain any viruses, worms, time bombs, trojan horses and other harmful or malicious code, files, scripts, agents or programs; (c) the Submissions do not contain any unlawful, hateful, objectionable, harmful, threatening, abusive, harassing, offensive, libelous, defamatory, slanderous, immoral, pornographic, indecent, or obscene material, or material that is discriminatory (as relating to race, ethnicity, sexual orientation, age, religion, or other grounds), or that is otherwise objectionable; (d) the Submissions do not advocate or describe any illegal activity; (e) you have not and will not accept compensation from any third parties in relation to your Submissions; (f) you will not use the Services to advertise or solicit for any commercial or other purpose competitive with the Services; and (g) your Submissions and their use as contemplated hereunder and otherwise via the Services will not conflict with or violate any other agreement between you and any other party, and do not conflict with or violate any applicable laws (including as relating to intellectual property, confidentiality, personal, privacy or proprietary rights).

  10. Billing and Payments

    The fees for your paid account will be billed from the date you elect, or convert to, a paid account and on each monthly renewal thereafter unless and until you cancel your account. 7Geese will automatically bill your credit card each month on the calendar day corresponding to the commencement of your paid account. You acknowledge that the amount billed each month may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, differing amounts due to number of active users on your network, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. 7Geese may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. 7Geese may arrange other payment with you including quarterly or yearly subscriptions and any payment contract that you enter into is hereby incorporated into and made part of this Agreement.

  11. Taxes

    You are responsible for paying any applicable governmental taxes imposed on your acquisition of services from us, including, but not limited to, sales, use or value-added taxes.

  12. Billing Disputes

    If you note a billing problem or discrepancy, you must contact 7Geese within 15 days of the date of the billing problem or discrepancy to discuss the issue. A failure to do so will be taken as your waiver of such issues.

  13. Confidentiality

    Transmissions to 7Geese (whether effected through the Services or otherwise) may not be secure, may not be treated as confidential or protected in any way, and do not create any fiduciary or other relationship or duty of any kind. You should not send confidential or sensitive information via the Internet or e-mail, including via the Services.

    Additionally, 7Geese has implemented commercially reasonable technical and organizational measures designed to secure the Services, Data and Submissions from accidental loss and from unauthorized access, use, alteration or disclosure. However, 7Geese cannot guarantee that unauthorized third parties will never be able to defeat those measures, or use such information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  14. Support and Reporting

    In the event that you have difficulties in using accessing the 7Geese.com website or otherwise using our Services, you can contact 7Geese at support@7geese.com, or via the “feedback” button on the 7Geese website, for assistance.

  15. Suspension and Termination

    If you wish to terminate this Agreement, you will be required to contact us at support@7geese.com of your intention. Neither failing to log into the Services, failing to upload additional Submissions or failing to access or consume services made available to you will, in and of itself, constitute your termination of this Agreement.

    We may, at any time and for any reason and in its sole discretion, change, suspend or terminate (whether temporarily or permanently) the Services or the 7Geese.com website (or any part thereof), or terminate this Agreement, without any prior notice or liability to you or any other person. Additionally, your rights under this Agreement will terminate automatically without notice from us if you fail to comply with any term(s) of this Agreement.

    If this Agreement is terminated by you or us for any reason, then: (a) this Agreement will nevertheless continue to apply and be binding upon you in respect of your Submissions and use of the Services and services prior to termination; (b) you may be prevented from using the Services or accessing the 7Geese.com website, or your account details, or any files or other content which is contained or attached to your account, all of which may be deleted by 7Geese; (c) 7Geese may continue to use and disclose your personal information in accordance with the 7Geese Privacy and Security Policy as amended from time to time; (d) 7Geese may continue to use and disclose your Submissions as outlined herein; and (e) you shall cease all use of the Services, including the 7Geese.com website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

  16. Disclaimers

    You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access (or we may rely upon) in the course of your use of (or our delivery of) the Services; therefore, delays and disruption of the Services and any transmissions related thereto are completely beyond our control, and we shall have no liability therefore.

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND 7GEESE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. 7GEESE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY OR ASSOCIATED WITH THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 7GEESE EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. OTHERWISE, THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  17. Limitation of Liability

    TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL 7GEESE BE LIABLE FOR PERSONAL INJURY OR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY OTHER SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF 7GEESE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

    Notwithstanding the foregoing, in no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five Canadian dollars (CAD $5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

  18. Indemnification

    You agree to indemnify and save harmless 7Geese, our affiliates, and our respective officers, directors, employees, consultants, representatives, members and agents (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability, including without limitation reasonable professional fees, brought against or suffered or incurred by us as a result of your use of the Services in breach of this Agreement. Without limiting the foregoing, you assume any and all liability for Submissions you upload, and you agree to defend, indemnify and hold us harmless from and against any and all third-party claims, actions, proceedings, damages and expenses (including without limitation lawyer fees on a solicitor-client basis) and costs, arising out of the breach or alleged breach of a covenant, representation or warranty in this Agreement.

    When we are threatened with a suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us as provided above; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive this Agreement and your cessation of use of the Services.

  19. Further Assurances

    Upon our request and at our cost, you agree to provide such information and documents, do such additional things, and sign such further documents connected with the licenses, releases and waivers contemplated by this Agreement.

  20. Governing Law and Courts; Timing of Claims

    This Agreement and your use of the Services (including access to the 7Greese.com website) will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further agree that despite being available from a variety of jurisdictions, the Services (including access to the 7Greese.com website) will be deemed solely based in the Province of British Columbia, Canada; and that the Services and the 7Greese.com website) shall be deemed to be passive in nature and not giving rise to personal jurisdiction over 7Geese in jurisdictions other than the Province of British Columbia. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Services and this Agreement. However, you agree that nothing herein precludes 7Geese’s application for injunctive remedies or other urgent legal relief in any jurisdiction. You agree that any claim or cause of action you may have arising from, connected with, or relating to this Agreement or the Services must be commenced in a court of competent jurisdiction in the Province of British Columbia within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.

  21. Severability

    The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.

  22. Other Jurisdictions

    Use of the Services is unauthorized in jurisdictions that do not give effect to this Agreement or where access to or use of the Services may be illegal or prohibited. Those who choose to access the Services from such locations do so on their own initiative, at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.

  23. Notices

    7Geese may provide notifications (whether required by law, for authorized marketing or business related purposes) to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on www.7Geese.com, as we may determine in our sole discretion.

  24. Waiver

    No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

  25. Enurement

    The provisions of this Agreement will enure to the benefit of and be binding upon each of 7Geese and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of 7Geese which may be withheld in 7Geese’s sole discretion. 7Geese may assign this Agreement and its rights and obligations under this Agreement without your consent or notice to you.

  26. Survival

    The provisions of Sections 8-27 shall survive termination of the Agreement, howsoever occasioned.

  27. Entire Agreement

    This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and 7Geese relating to your use of the Services and Submissions, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by the express and explicit agreement of 7Geese to modify this Agreement in writing, or by 7Geese making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. No 7Geese employee or agent has the authority to vary this Agreement. In the event of a conflict between the provisions of the User Terms and the provisions of any other document or agreement incorporated or referenced herein, these User Terms will govern to the extent of the inconsistency.

7Geese – Privacy and Security Policy

Paltech Solutions Inc. dba 7Geese and its licensors (collectively, “7Geese”) owns, operate and/or provide the website located at www.7geese.com and all associated services (collectively, the “Website”) . 7Geese can be contacted at 307 – 55 Water St., Vancouver, BC, V6B 6H5. Questions about our products, services, or privacy practices can be directed to can be directed to support@7geese.com. In this Agreement, the terms “we”, “our” and “us” refer to 7Geese. Capitalized terms not otherwise defined herein have the meanings attributed to them in the User Terms and the General Terms.

Last revised January 5, 2012.

7Geese is committed to protecting your privacy and implementing technology that gives you a powerful and safe online experience. This Policy explains what information we obtain from you in your use of 7Geese services, and the steps we take to secure that information. This Policy also explains how you can contact us if you have a question about our privacy practices.

  1. How We Collect and Use Personal Information
    Account information

    We ask for and store information about you when you create an account on the Website, such as an email address and password, name, title and phone number. We use this information to create your account, and to allow administration of it, and our follow-up with you regarding your account. We may also use your email address to send you updates and to provide services to you in connection with the 7Geese Website or related services. You can change your account information from the “Account” menu when you are logged in to the Website.

    Additionally, if you elect to continue using the Website after the trial period has ended or if you want to use the paid versions, you will be asked to provide payment information to us so that we can charge you for your continued access to the Website.

    Facilitating Engagement

    Once you are signed in to use our services, we obtain the personal information that you submit through the Website for use and disclosure to other users in your network as part of the Website services. You agree we may collect and disclose personally identifying information to facilitate these purposes.

    Further, the Website allows you to exchange messages with others using the messaging feature, provide feedback or recognition, or to post messages and other communications to other users. We may store these communications, in order to deliver them to the intended recipients, and to allow you to manage them.

    You acknowledge that if you include personally identifiable information to the Website, it can be used and viewed by others. In some cases, you can make certain information private, but by default, most information is public to other users inside your network. We are not responsible for the information you disclose in doing so.

    Any personal information that is provided to us is stored securely, and used and disclosed only in accordance with this Agreement.

    Cookies

    When you use our services, a cookie may be placed within the memory of your internet access device. A cookie is a small piece of information that a website can store via your internet access device for later retrieval. We may use permanent cookies or server-side artefacts to help us track use of our services by users and visitors-such as the number and frequency of visits to our pages and which parts of our Website are visited.

    Other Purposes and Technical Data

    Additionally, you agree that we may collect and use technical data and related information-including but not limited to technical information about your device, system and application software, and peripherals-to facilitate the provision of software updates and product support, and to allow us to improve our products and provide services or technologies to you. We do not use any personal information while generating this information, nor do we relate any of this information to an individual member or user.

    Finally, you agree we may use personal information for all purposes identified in, or ancillary to the arrangements outlined in, the General Terms and the User Terms.

  2. Our Disclosure of Personal Information

    We will not sell, license, trade or rent your personal information. 7Geese will not otherwise disclose your personal information except as described herein.

    7Geese may disclose personal information if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so. Additionally, you agree 7Geese may use personal information for all purposes identified in, or ancillary to the arrangements outlined in, the General Terms and the User Terms – e.g., displaying your Submissions to members of your network.

    7Geese also reserves the right to disclose and/or transfer personal information to a third party in the event of a proposed or actual purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal or financing of all or any portion of 7Geese or of any of the business or assets or shares of 7Geese, provided that the third party represents that it will continue to use the information for the purposes set out in this Policy and in accordance with applicable privacy protection laws.

  3. Retention of Your Personal Information

    We retain your personal information, including contact, account and usage history, for the period that you remain a user of our system. Subsequent to the termination of our relationship with you, your personal information may be stored in our archives as permitted and required by applicable laws.

  4. How We Protect Your Personal Information

    7Geese uses commercially reasonable efforts to protect your personal information from loss, unauthorized access, misuse or theft. Only 7Geese staff and service providers who have a legitimate business purpose for accessing the personal information collected by us are authorized to do so. Unauthorized use of personal information by anyone affiliated with 7Geese is prohibited and constitutes grounds for disciplinary action.

    Personal information may be transferred or stored on computer equipment or in offices that are outside of your jurisdiction, and you are deemed to provide your consent to such storage .

  5. Updating Your Personal Information

    You are required to ensure the personal information you provide to us is true, accurate, current and complete, and to maintain it in such a state. You can review your personal information by accessing the “Account Options” area of your account; you can update it by sending an email to support@7geese.com or using the “feedback” button available on the Website.

  6. Links to Third Party Sites

    The use of our services may lead you to third party websites. You should be aware that operators of linked websites may also collect your personal information (including information generated through the use of cookies) when you link to their websites. 7Geese is not responsible for how such third parties collect, use or disclose your personal information, so it is important to familiarize yourself with the privacy policies of these websites before providing your personal information on those sites.

  7. Contacting Us

    In the event that you have any questions about the 7Geese Privacy and Security Policy or if you have reason to believe that we may have failed to adhere to this Policy, you may contact us by sending an email to support@7geese.com.

unless in writing and signed by both parties.

  • Enurement
    The provisions of this Agreement will enure to the benefit of and be binding upon each of 7Geese and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of 7Geese which may be withheld in 7Geese’s sole discretion. 7Geese may assign this Agreement and its rights and obligations under this Agreement without your consent or notice to you.
  • Survival
    The provisions of Sections 4, 6-8 and 10-19 will survive termination of the Agreement, howsoever occasioned.
  • Entire Agreement
    This Agreement, together with those documents incorporated or referred to herein, constitutes the entire agreement between you and 7Geese relating to your use of the Services and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by the express and explicit agreement of 7Geese to modify this Agreement in writing, or by 7Geese making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. No 7Geese employee or agent has the authority to vary this Agreement.

  • Registered User Terms

    These User Terms and Conditions (the “User Terms”)-together with the other documents referenced and linked below (collectively, the “Agreement”)-describe your rights and responsibilities concerning your use of the services offered by Paltech Solutions Inc. dba 7Geese (“7Geese”), including via the 7geese.com website and all associated services (collectively, the “Services”).
    If there are any provisions with which you do not agree, you may not use this website or any aspect of the service.

    Last revised January 5, 2012.

    1. Operator and Provider
      The Services are provided by 7Geese. In this Agreement, the terms “we”, “our” and “us” refer to 7Geese.
    2. Modifications and Updates to This Agreement and Conditions
      We reserve the right to unilaterally update or modify (collectively “change”) this Agreement at any time and from time to time. We will notify you of any changes to this Agreement by posting notice of such changes on the 7Geese.com or otherwise via the Services, or sending notice to you via email. You agree that we have this right, and that your continued use of the Services following notice of such change means that you agree to and accept the amendments. If you do not agree, you must immediately stop using the Services, and notify us that you are terminating this Agreement.
    3. Other Terms
      You understand and acknowledge that your use of the Services is also governed by the General Terms, which you have read and understand, and to which you agree. In addition, you understand and acknowledge that your use of the Services is also governed by the 7Geese Privacy and Security Policy, which you have read and understand, and to which you agree. You consent to the collection, use and disclosure of your personal information by us and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy and Security Policy, and you agree that the terms of such Privacy and Security Policy are reasonable.
      In addition, you also agree that your use of the Services will also be subject to such other policies and procedures as may be conveyed to you by us from time to time, including via the Services. Such policies and procedures, together with the General Terms and Privacy and Security Policy are herein incorporated by reference, mutatis mutandis. Capitalized terms not otherwise defined herein have the meanings attributed to them in the User Terms and the Privacy and Security Policy.
    4. Description of Services
      We provide access to software and related services available via the Website and through other channels. You are responsible for providing, at your own expense, all equipment necessary to use the Services, at your sole cost. Subject to this Agreement, you may access and use the services you have been authorized or licensed by 7Geese to access and use, during the term of this Agreement. Unless we have given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services, or grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services to any third person.
    5. Account Eligibility
      You may create an account to access the Services only if you:
      (a) can lawfully enter into and form contracts in accordance with local laws; and
      (b) you have not previously opened an account on the Services.
      Additionally, to the extent that you are using a paid version of our services, you must also have arranged for a valid form of payment that is expressly accepted by 7Geese. You represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and the corporation or other organization named in the account sign-up process.
    6. Account Sign-Up
      When you sign up for an account you will be required to provide a work email address, to provide your name, title and phone number, and to indicate the size of your company. You will also be given the opportunity to provide certain optional information. You may acquire an account either directly from 7Geese, or through an employer’s corporate license. A corporate license is a license granted to an employer by 7Geese which allows the employer to authorize 7Geese accounts for a specified number of employees. If your employer acquires a corporate license and you already have a 7Geese account, your existing personal account may be ported to your employer’s corporate license. If you have an account under your employer’s corporate license and you cease to be an employee for such employer, your account may be ported to a personal account in which your access to the Services shall continue. In such case, you may be provided with new log-in credentials.
      We reserve the right to refuse to permit the opening of an account, or the provision of service, to anyone at any time for any reason.
    7. Your Account Data
      You agree to: (a) provide true, accurate, current and complete information as prompted by all Service-related registration forms and account settings (“Data”); and (b) maintain and promptly update the Data to keep it true, accurate, current and complete.
      You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your account; you may not transfer or share your account with anyone. Accordingly, you acknowledge that you will be solely responsible to 7Geese for all activities that occur with the use of your account credentials-whether financial or otherwise. If you provide any Data that is (or which we have reasonable grounds to suspect is) untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our services (including the Services) or any portion thereof.
    8. Submissions
      With respect to material or data of any kind uploaded or otherwise submitted with your account credentials via the Services (other than Feedback, as defined in the “General Terms“) (“Submissions”), you give us a perpetual, irrevocable, worldwide, royalty-free, sub-licensable and transferable non-exclusive license to use, reproduce, adapt, modify, translate, publish, rent, lend, share, communicate by telecommunication, publicly perform, publicly display and distribute your Submissions without notice or compensation to you. This license includes, without limitation, the right for us to repurpose and commercialize the Submissions in any manner whatsoever. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the foregoing license. In addition, you agree to and hereby irrevocably waive any and all moral and other non-transferable rights you have in the Submissions.
      Any Submissions you send or otherwise make available through use of the Services is done solely at your own risk. We cannot control the actions of other users with whom you may chose to share any information, and cannot and do not guarantee that Submissions you send or otherwise make available will not be viewed by unauthorized persons. You shall be solely responsible for your own Submissions and the consequences of posting or publishing it, including any loss or damage which we may suffer as a result thereof.
    9. Your Representations and Warranties
      In using the Services, you shall at all times act reasonably, and in good faith.
      You additionally agree, represent and warrant that you shall not: (a) bypass or attempt to bypass any measures we may use to prevent or restrict access to the Services; (b) interfere or attempt to interfere with the proper functioning of the Services; and (c) impersonate or attempt to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or provide false Data.
      In uploading Submissions, you further agree, represent and warrant that: (a) all rights in and to the Submissions (including, without limitation all trade-mark, trade secret, patent, copyright, moral, or other proprietary rights), are owned by you or you have full authority by way of the necessary licenses, permissions, waivers and consents to use the Submissions, and upload the Submissions for use by us (for the purposes described herein) and by other Service users, and grant the license contained herein; (b) the Submissions do not contain any viruses, worms, time bombs, trojan horses and other harmful or malicious code, files, scripts, agents or programs; (c) the Submissions do not contain any unlawful, hateful, objectionable, harmful, threatening, abusive, harassing, offensive, libelous, defamatory, slanderous, immoral, pornographic, indecent, or obscene material, or material that is discriminatory (as relating to race, ethnicity, sexual orientation, age, religion, or other grounds), or that is otherwise objectionable; (d) the Submissions do not advocate or describe any illegal activity; (e) you have not and will not accept compensation from any third parties in relation to your Submissions; (f) you will not use the Services to advertise or solicit for any commercial or other purpose competitive with the Services; and (g) your Submissions and their use as contemplated hereunder and otherwise via the Services will not conflict with or violate any other agreement between you and any other party, and do not conflict with or violate any applicable laws (including as relating to intellectual property, confidentiality, personal, privacy or proprietary rights).
    10. Billing and Payments
      The fees for your paid account will be billed from the date you elect, or convert to, a paid account and on each monthly renewal thereafter unless and until you cancel your account. 7Geese will automatically bill your credit card each month on the calendar day corresponding to the commencement of your paid account. You acknowledge that the amount billed each month may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, differing amounts due to number of active users on your network, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. 7Geese may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. 7Geese may arrange other payment with you including quarterly or yearly subscriptions and any payment contract that you enter into is hereby incorporated into and made part of this Agreement.
    11. Taxes
      You are responsible for paying any applicable governmental taxes imposed on your acquisition of services from us, including, but not limited to, sales, use or value-added taxes.
    12. Billing Disputes
      If you note a billing problem or discrepancy, you must contact 7Geese within 15 days of the date of the billing problem or discrepancy to discuss the issue. A failure to do so will be taken as your waiver of such issues.
    13. Confidentiality
      Transmissions to 7Geese (whether effected through the Services or otherwise) may not be secure, may not be treated as confidential or protected in any way, and do not create any fiduciary or other relationship or duty of any kind. You should not send confidential or sensitive information via the Internet or e-mail, including via the Services.
      Additionally, 7Geese has implemented commercially reasonable technical and organizational measures designed to secure the Services, Data and Submissions from accidental loss and from unauthorized access, use, alteration or disclosure. However, 7Geese cannot guarantee that unauthorized third parties will never be able to defeat those measures, or use such information for improper purposes. You acknowledge that you provide your personal information at your own risk.
    14. Support and Reporting
      In the event that you have difficulties in using accessing the 7Geese.com website or otherwise using our Services, you can contact 7Geese at support@7geese.com, or via the “feedback” button on the 7Geese website, for assistance.
    15. Suspension and Termination
      If you wish to terminate this Agreement, you will be required to contact us at support@7geese.com of your intention. Neither failing to log into the Services, failing to upload additional Submissions or failing to access or consume services made available to you will, in and of itself, constitute your termination of this Agreement.
      We may, at any time and for any reason and in its sole discretion, change, suspend or terminate (whether temporarily or permanently) the Services or the 7Geese.com website (or any part thereof), or terminate this Agreement, without any prior notice or liability to you or any other person. Additionally, your rights under this Agreement will terminate automatically without notice from us if you fail to comply with any term(s) of this Agreement.
      If this Agreement is terminated by you or us for any reason, then: (a) this Agreement will nevertheless continue to apply and be binding upon you in respect of your Submissions and use of the Services and services prior to termination; (b) you may be prevented from using the Services or accessing the 7Geese.com website, or your account details, or any files or other content which is contained or attached to your account, all of which may be deleted by 7Geese; (c) 7Geese may continue to use and disclose your personal information in accordance with the 7Geese Privacy and Security Policy as amended from time to time; (d) 7Geese may continue to use and disclose your Submissions as outlined herein; and (e) you shall cease all use of the Services, including the 7Geese.com website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
    16. Disclaimers
      You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access (or we may rely upon) in the course of your use of (or our delivery of) the Services; therefore, delays and disruption of the Services and any transmissions related thereto are completely beyond our control, and we shall have no liability therefore.
      YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND 7GEESE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. 7GEESE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY OR ASSOCIATED WITH THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 7GEESE EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. OTHERWISE, THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    17. Limitation of Liability
      TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL 7GEESE BE LIABLE FOR PERSONAL INJURY OR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY OTHER SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF 7GEESE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
      Notwithstanding the foregoing, in no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five Canadian dollars (CAD $5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
    18. Indemnification
      You agree to indemnify and save harmless 7Geese, our affiliates, and our respective officers, directors, employees, consultants, representatives, members and agents (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability, including without limitation reasonable professional fees, brought against or suffered or incurred by us as a result of your use of the Services in breach of this Agreement. Without limiting the foregoing, you assume any and all liability for Submissions you upload, and you agree to defend, indemnify and hold us harmless from and against any and all third-party claims, actions, proceedings, damages and expenses (including without limitation lawyer fees on a solicitor-client basis) and costs, arising out of the breach or alleged breach of a covenant, representation or warranty in this Agreement.
      When we are threatened with a suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us as provided above; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive this Agreement and your cessation of use of the Services.
    19. Further Assurances
      Upon our request and at our cost, you agree to provide such information and documents, do such additional things, and sign such further documents connected with the licenses, releases and waivers contemplated by this Agreement.
    20. Governing Law and Courts; Timing of Claims
      This Agreement and your use of the Services (including access to the 7Greese.com website) will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further agree that despite being available from a variety of jurisdictions, the Services (including access to the 7Greese.com website) will be deemed solely based in the Province of British Columbia, Canada; and that the Services and the 7Greese.com website) shall be deemed to be passive in nature and not giving rise to personal jurisdiction over 7Geese in jurisdictions other than the Province of British Columbia. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Services and this Agreement. However, you agree that nothing herein precludes 7Geese’s application for injunctive remedies or other urgent legal relief in any jurisdiction. You agree that any claim or cause of action you may have arising from, connected with, or relating to this Agreement or the Services must be commenced in a court of competent jurisdiction in the Province of British Columbia within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.
    21. Severability
      The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.
    22. Other Jurisdictions
      Use of the Services is unauthorized in jurisdictions that do not give effect to this Agreement or where access to or use of the Services may be illegal or prohibited. Those who choose to access the Services from such locations do so on their own initiative, at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
    23. Notices
      7Geese may provide notifications (whether required by law, for authorized marketing or business related purposes) to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on www.7Geese.com, as we may determine in our sole discretion.
    24. Waiver
      No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
    25. Enurement
      The provisions of this Agreement will enure to the benefit of and be binding upon each of 7Geese and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of 7Geese which may be withheld in 7Geese’s sole discretion. 7Geese may assign this Agreement and its rights and obligations under this Agreement without your consent or notice to you.
    26. Survival
      The provisions of Sections 8-27 shall survive termination of the Agreement, howsoever occasioned.
    27. Entire Agreement
      This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and 7Geese relating to your use of the Services and Submissions, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by the express and explicit agreement of 7Geese to modify this Agreement in writing, or by 7Geese making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. No 7Geese employee or agent has the authority to vary this Agreement. In the event of a conflict between the provisions of the User Terms and the provisions of any other document or agreement incorporated or referenced herein, these User Terms will govern to the extent of the inconsistency.

    7Geese – Privacy and Security Policy

    Paltech Solutions Inc. dba 7Geese and its licensors (collectively, “7Geese”) owns, operate and/or provide the website located at www.7geese.com and all associated services (collectively, the “Website”) . 7Geese can be contacted at 307 – 55 Water St., Vancouver, BC, V6B 6H5. Questions about our products, services, or privacy practices can be directed to can be directed to support@7geese.com. In this Agreement, the terms “we”, “our” and “us” refer to 7Geese. Capitalized terms not otherwise defined herein have the meanings attributed to them in the User Terms and the General Terms.

    Last revised January 5, 2012.

    7Geese is committed to protecting your privacy and implementing technology that gives you a powerful and safe online experience. This Policy explains what information we obtain from you in your use of 7Geese services, and the steps we take to secure that information. This Policy also explains how you can contact us if you have a question about our privacy practices.

    1. How We Collect and Use Personal Information

      Account information

      We ask for and store information about you when you create an account on the Website, such as an email address and password, name, title and phone number. We use this information to create your account, and to allow administration of it, and our follow-up with you regarding your account. We may also use your email address to send you updates and to provide services to you in connection with the 7Geese Website or related services. You can change your account information from the “Account” menu when you are logged in to the Website.
      Additionally, if you elect to continue using the Website after the trial period has ended or if you want to use the paid versions, you will be asked to provide payment information to us so that we can charge you for your continued access to the Website.

      Facilitating Engagement

      Once you are signed in to use our services, we obtain the personal information that you submit through the Website for use and disclosure to other users in your network as part of the Website services. You agree we may collect and disclose personally identifying information to facilitate these purposes.
      Further, the Website allows you to exchange messages with others using the messaging feature, provide feedback or recognition, or to post messages and other communications to other users. We may store these communications, in order to deliver them to the intended recipients, and to allow you to manage them.
      You acknowledge that if you include personally identifiable information to the Website, it can be used and viewed by others. In some cases, you can make certain information private, but by default, most information is public to other users inside your network. We are not responsible for the information you disclose in doing so.
      Any personal information that is provided to us is stored securely, and used and disclosed only in accordance with this Agreement.

      Cookies

      When you use our services, a cookie may be placed within the memory of your internet access device. A cookie is a small piece of information that a website can store via your internet access device for later retrieval. We may use permanent cookies or server-side artefacts to help us track use of our services by users and visitors-such as the number and frequency of visits to our pages and which parts of our Website are visited.

      Other Purposes and Technical Data

      Additionally, you agree that we may collect and use technical data and related information-including but not limited to technical information about your device, system and application software, and peripherals-to facilitate the provision of software updates and product support, and to allow us to improve our products and provide services or technologies to you. We do not use any personal information while generating this information, nor do we relate any of this information to an individual member or user.
      Finally, you agree we may use personal information for all purposes identified in, or ancillary to the arrangements outlined in, the General Terms and the User Terms.

    2. Our Disclosure of Personal Information
      We will not sell, license, trade or rent your personal information. 7Geese will not otherwise disclose your personal information except as described herein.
      7Geese may disclose personal information if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so. Additionally, you agree 7Geese may use personal information for all purposes identified in, or ancillary to the arrangements outlined in, the General Terms and the User Terms – e.g., displaying your Submissions to members of your network.
      7Geese also reserves the right to disclose and/or transfer personal information to a third party in the event of a proposed or actual purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal or financing of all or any portion of 7Geese or of any of the business or assets or shares of 7Geese, provided that the third party represents that it will continue to use the information for the purposes set out in this Policy and in accordance with applicable privacy protection laws.
    3. Retention of Your Personal Information
      We retain your personal information, including contact, account and usage history, for the period that you remain a user of our system. Subsequent to the termination of our relationship with you, your personal information may be stored in our archives as permitted and required by applicable laws.
    4. How We Protect Your Personal Information
      7Geese uses commercially reasonable efforts to protect your personal information from loss, unauthorized access, misuse or theft. Only 7Geese staff and service providers who have a legitimate business purpose for accessing the personal information collected by us are authorized to do so. Unauthorized use of personal information by anyone affiliated with 7Geese is prohibited and constitutes grounds for disciplinary action.
      Personal information may be transferred or stored on computer equipment or in offices that are outside of your jurisdiction, and you are deemed to provide your consent to such storage .
    5. Updating Your Personal Information
      You are required to ensure the personal information you provide to us is true, accurate, current and complete, and to maintain it in such a state. You can review your personal information by accessing the “Account Options” area of your account; you can update it by sending an email to support@7geese.com or using the “feedback” button available on the Website.
    6. Links to Third Party Sites
      The use of our services may lead you to third party websites. You should be aware that operators of linked websites may also collect your personal information (including information generated through the use of cookies) when you link to their websites. 7Geese is not responsible for how such third parties collect, use or disclose your personal information, so it is important to familiarize yourself with the privacy policies of these websites before providing your personal information on those sites.
    7. Contacting Us
      In the event that you have any questions about the 7Geese Privacy and Security Policy or if you have reason to believe that we may have failed to adhere to this Policy, you may contact us by sending an email to support@7geese.com.