Terms and conditions of use

 

Thank you for using Solutions Elevent Inc.’s (hereafter referred to as “Elevent”, “We” or “Us”) Services. Our Services include the exploitation of a platform used to evaluate the value of sponsorship proposals (hereafter referred to as the “Services”). These Terms of Use state the conditions under which we provide our Services and you access and use our Services.

 

Our Services are limited to people acting for the purposes of their company, including event promoters and sponsors. You may only use our Services if you have authority to enter into agreements with Elevent. Our Services are not designed for use by minors. If you are under 18 years of age or if you do not have authority to enter into agreements with Elevent, you may not use our Services.

 

By visiting and using www.elevent.ca (hereafter referred to as the “Site”), or soliciting or using our Services, you accept and agree to these Terms of Use.

 

1. Fees and Payments

 

(a) Fees Applicable to the Use of the Services. You agree to pay Elevent the fees corresponding to the Services you buy or use, in accordance with the pricing and conditions that were presented to you for the Services involved. Fees paid by you are non-refundable, except as otherwise provided in these Terms of Use or related documentation, or when required by law.

 

(b) Changes to Pricing. Elevent may, at any moment and without notice, change the fees applicable to the use of our Services.

 

2. Intellectual Property

 

(a) Elevent’s Intellectual Property. By using our Site and Services, you do not gain any propriety rights over the contents you view on the Site. Elevent holds the exclusive rights and reserves all rights to the information, data, images, trademarks, software (including source codes and programs that can be executed on the server or integrated to a page of the Site), and all other material on the Site (hereafter referred to as the “Content”).

 

(b) User Licence. Notwithstanding the above, we award you a Limited Content License. You are allowed to display, download and/or print this license for the strict purposes of the provision of our Services to you, under the condition that you agree not to modify the Content in any way. Any other use of the Site is prohibited. The Content cannot be reproduced, reused, or redistributed by any means or in any format other than in accordance with these Terms of Use without Elevent’s written consent.

 

(c) Other Intellectual Property Claims. Elevent respects third-party intellectual property rights and we expect the same from our users. If you believe that another user of our Services is violating your intellectual property rights, you may notify us by e-mail at info@elevent.ca.

 

3. User Content

 

(a) Information Provided by the User. In order to use our Services, you must provide the Site with some information on your sponsorship project. This information is your sole responsibility. Therefore, you are liable of this Information and to possess all the rights and authorizations pertaining to its use through the provision of our Services. Subject to these conditions, Elevent assumes no liability regarding the use of the Information that you provide to us for the provision of our Services.

 

4. Account Management

 

Password and Account Access. When Elevent opens an account for you to use our Services, it becomes your responsibility to protect your password and all other identifiers used to gain access to the account involved. You alone, not Elevent, are responsible of the activities related to your account. If you notice an unauthorized access to you account, you must notify us immediately. As Elevent occasionally sends notifications regarding your account, you should keep your account e-mail address and other contact information up to date. We consider that the owner of the email address linked to the account is the person who controls the accounts.

 

Back-ups. It is your responsibility to protect any content that you download on the Site and to perform the required back-ups. Within the limits of the law, Elevent cannot be held responsible for storage deficiencies, or loss or deterioration of any content downloaded from the Site.

 

Account Inactivity. Elevent reserves the right to terminate your account and delete its content if it is inactive (e.g. no connexion) for more than 12 months.

 

5. Acceptable Uses

 

Compliance. You must use the Site and our Service in compliance with the applicable laws and within their applicable limits. Furthermore, you must comply with the following rules when you use our Site or Services:

 

(a) You may not use the Site and/or our Services in an excessive or abusive manner, including impeding their normal operation or accessing them through means other than the interfaces and instructions we provide; or in a way that considerably exceeds ordinary methods of use and that impedes the speed, the reactivity, the stability, the availability, or the functionality of the Site and/or our Services.

 

(b) You may not by-pass or try to by-pass any limit Elevent has set on your account.

 

(c) Unless authorized in writing by Elevent, you may not survey, scan, or test the vulnerability of Elevent’s systems or networks.

 

(d) You may not keep third parties from using our Site and/or Services, try to perform reverse engineering, or transmit viruses, malware or other malicious programs, or links to such software, through the Site and/or our Services.

 

(e) You may not use the Site and/or our Services to violate intellectual property rights or for any illegal activity.

 

(f) Unless authorized in writing by Elevent, you may not resell, lease, or otherwise attempt to commercialize our Services.

 

6. Suspension and Termination

 

Elevent may limit, suspend, and disrupt your use of the Site and/or Services, including (i) in case of breach of these Terms of Use; (ii) in case you use the Site and/or Service in a way that renders you liable or that disrupts the use of the Site and/or Services; (iii) in case of misconduct or suspected misconduct on your part. Elevent has no obligation to keep your Content after the termination of the Services and will not notify you in such a case. If Elevent were to cease to provide you with our Services due to repeated or blatant violations of these Terms of Use, we may take all necessary measures to prevent you from using the Site and/or Services in the future, including blocking your IP address. You agree that any suspension or disruption of your access to the Site and/or Services is left at Elevent’s absolute discretion and that Elevent is not liable to you or any third party for the suspension or disruption of your access to the Site and/or Services, or for any other sanction.

 

7. Modifications and Updates

 

Modification of the Terms of Use. We reserve the right to modify these Terms of Use at any moment and without notice. We encourage you to visit the Site regularly to take notice of the eventual modifications to these Terms of Use.

 

Modification of the Services. We occasionally make modifications and improvements to our Services. Under these Terms of Use, Elevent reserves the right to add, modify, limit, or delete a functionality of the Service at any moment and at our discretion.

 

8. Limitation of Liability

 

Accuracy of the Results. The reports and other results generated by our Services are particularly related to the data entered by the user. Elevent cannot guarantee the accuracy of the actual market value of the results, particularly because we do not verify the data entered and the evaluation of the veracity of the information declared by the users.

 

Non-Liability. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY THESE TERMS OF USE WITHIN THE LIMITS OF THE LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS”, AND ELEVENT DOES NOT GUARANTEE IN ANY MANNER, WHETHER EXPRESSLY OR IMPLICITLY, THE AVAILABILITY, THE RELIABILITY, OR THE ACCURACY OF THE SITE AND THE SERVICES. WITHIN THE LIMITS OF THE LAW, ELEVENT WILL NOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT EXEMPLARY/PUNITIVE DAMAGES, INCLUDING ANY LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA FROM THE USE OF THE SITE OR SERVICES OR RELATED TO THE SITE OR SERVICES. WITHIN THE LIMITS OF THE LAW, ELEVENT’S CUMULATIVE LIABILITY WILL NOT EXCEED THE AMOUNT PAYABLE BY THE USER FOR THE PERFORMANCE OF THE SERVICES.

 

Compensation. Without overriding the provisions of any applicable law, you agree to compensate, release, and hold harmless Elevent should you violate these Terms of Use or use the Site and/or Services illegally. This compensation must cover all expenses, payments, losses, profit losses, and any other direct, indirect, monetary or non-monetary damage caused to Elevent, including, but not limited to, legal costs and expenses.

 

Hyperlinks. As a courtesy, the Site could contain hyperlinks to other sites that Elevent has no control over. Elevent cannot be held liable of your use of those sites or the content they provide, and does not offer any guarantee or make any declaration in that regard.

 

Applicable Rights and Jurisdiction. The laws of Quebec and Canada apply to the use of this Site and the Services, regardless of your place of residence or location. Under these Terms of Use, you accept and submit to the exclusive jurisdiction of a court of Quebec regarding any dispute related to the access and use of this Site or the Services.

 

9. Force majeure

 

Elevent will not be held liable in respect to any performance failure caused by unforeseen circumstances or circumstances beyond of our reasonable control, including, but not limited to: acts of nature, such as fire, floods, earthquakes, hurricanes, storms or other natural disasters; war, riots, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labour or materials; breakdown of telecommunications or information services; hacking, spam, or any failure of a computer or server.

 

10. Waiver and Severability

 

Should Elevent fail to exercise or enforce any right of provision in these Terms of Use, such failure will not be considered a waiver of such a right or provision. If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or any portion thereof, to be unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the remainder of these Terms of Use will continue in full force and effect.

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