TERMS AND CONDITIONS OF USE
Date of Last Update: July 31, 2018
This webpage sets out the terms and conditions (collectively, the ‘Terms’) of your use of https://www.TechImpact.com (the ‘Website’).
Who we are
The Website is owned and operated by Arden Business Consulting, a sole proprietorship, owned by Nick Arden and located in Penticton, British Columbia, Canada.
What we do
We collate videos and articles (collectively, the ‘Content’) which we believe relate to the impact of technology on the current and future world of work. We provide arbitrary summaries and overviews of some of the Content. The Content is prepared by other individuals or organizations, and we do not accept any responsibility for, nor necessarily agree with, the opinions or facts contained therein. We also provide newsletters that involve selections from the Content.
You agree that your use of the Website will not involve:
- Using the Website for unlawful purposes.
- Selling, reproducing or accessing the Content, whether directly or by use of any programming device, for any public or commercial purpose, other than your personal use.
- Interfering with the security of the Website or any services, system resources, accounts, servers or networks connected to or accessible through the Website.
- Disrupting or interfering with any other person’s use of the Website.
- Uploading, posting or otherwise transmitting on the Website anything that may be construed as hateful or racist, or that would negatively affect the functioning of the Website, including, without limitation, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or anything that may impose an unreasonable or disproportionately large load on the Website’s infrastructure.
- Creating or using a false identity on the Website, including but not limited to registering an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
- Attempting to obtain unauthorized access to this Website or portions of this Website that are restricted from general access.
- Sending unsolicited email messages to any users of the Website.
- Framing or mirroring any part of the Website, or using any of our trademarks, logos or other proprietary information, or using any meta tags or any other ‘hidden text’ utilizing our name, trademark, or product name.
In addition, you agree that you are solely responsible for any actions and communications undertaken or transmitted in the course of your usage of the Website, and that you will comply with all laws that apply or may apply to your use of or activities on this Website or in respect of the Content.
The Website, other than the Content itself, including all pages and all code related to thereto, is our property. We do not grant any express or implied right or license to you of any of our intellectual property rights, including any patent, trademark, copyright, trade secret, or confidential information.
All trademarks, service marks, trade dress, logos and trade names used and displayed on this Website are either owned by us or other organizations, and may not be copied, imitated or used, in whole or in part, without the prior written permission of their owner. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Links and Third-Party Content
The Website contains links to third-party websites. These linked websites are not under our control. These links are provided only as a convenience to you and not as an endorsement by us of the contents of such third-party websites. We do not make any representations, warranties or conditions regarding the accuracy of materials on such third-party websites, the information appearing thereon, or any of the products or services described. Links do not imply that we sponsor, endorse, are affiliated or associated with, or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of ours. If you access third-party websites you do so at your own risk, and it is your responsibility, not our responsibility, to take any and all appropriate protective measures before linking to these third-party websites, including, without limitation, to guard against viruses and other destructive elements. We are not responsible for the contents of any page linked to the Website or any other page not under its control.
You acknowledge and agree that any use of or reliance on the Website shall be at your sole risk. We make no representation, warranty or condition of any kind regarding the Website. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE WEBSITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS, OR THAT IT WILL BE ERROR-FREE.
We assume no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Website, or of your downloading of any materials, including, data, text, and images from this Website.
Limitation of Liability
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION (i) DIRECT DAMAGES, (ii) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, AND (iii) PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE AND CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF WE OR SUCH A THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that our maximum aggregate liability for damages arising out of or related to this Agreement shall be limited to $100.
The limitations of liability and disclaimers in the Terms apply regardless of the form of action, whether for breach of or repudiation of contract, warranty, strict liability, negligence or other tort, or any other legal or equitable theory, and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
You agree to defend, indemnify and hold harmless each of us, our affiliates, each of our officers, directors, employees and agents, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website or your breach of the Terms.
Choice of Law and Jurisdiction
This Website is controlled, operated and administered by us from our offices within British Columbia, Canada. We make no representation, warranty or condition that this Website or its contents are appropriate or available for use at any locations outside Canada. If you access this Website from outside Canada, you are responsible for compliance with all local laws. The Terms shall be interpreted, construed and governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to conflict of laws principles. The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to the Terms or to the transactions contemplated by the Terms or otherwise to create any rights or to impose any duties or obligations related to the Terms.
Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information and subject to Section 13, the parties irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts of British Columbia and all appellate courts therefrom with respect to any legal action or proceeding which may be brought at any time relating in any way to the Terms.
All disputes arising out of or in connection with the Terms, or in respect of any defined legal relationship associated therewith or derived therefrom, which cannot be amicably resolved through mediation by an independent mediator agreed upon by the parties within sixty days of the appointment of such mediator, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority shall be the British Columbia International Commercial Arbitration Centre. The language of the arbitration shall be English. The case shall be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration shall be Vancouver, British Columbia, Canada. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.
Notwithstanding the foregoing, each party may pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through any court having jurisdiction.
- Except as expressly provided in a particular legal notice, or an additional agreement, the Terms constitute the entire agreement between us and you with respect to the subject matter hereof, and should enure to the benefit of the heirs, successors and assigns of the parties.
- Time should be of the essence of this Agreement.
- Any cause of action you may have with respect to your use of this Website or which is the subject of the Terms must be commenced within one (1) year after the claim or cause of action arises.
- If for any reason a court of competent jurisdiction or arbitrator finds any provision of the Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
- No relationship of partnership or agency exists between the parties hereto. The relationship of such parties is solely that of independent contractors, and neither party shall have any authority to act for and on behalf of or bind the other party.
- The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default.
- No changes to the Terms shall be made except by a revised posting at the Website.
- The headings and captions of sections and paragraphs contained in the Terms are all inserted for convenience of reference only and are not to be considered when interpreting the Terms.
Changes to the Terms
We have the right, in our sole discretion, to change any part of the Terms at any time. Changes will be effective when a notice of such change is posted at this Website. Please check the Terms for updates by checking the ‘Date of Last Update’ at the top of this page. If any change is not acceptable to you, you must discontinue your use of this Website immediately. Feel free to contact us to discuss your concerns. Your continued use of this Website after any such changes are posted will constitute acceptance of those changes.
Changes to the Website
We may change any part of the Website without notice or liability for any reason whatsoever. We have the right, in our sole discretion, but not the duty, to correct any errors or omissions in any portion of the Website at any time without notice.