Last Updated: May 17th, 2021
- We reserve the right to change, withdraw or terminate the information, materials, and Content on the Website at any time, without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
- Conditions of Use; Submission Standards and Website Content Standards
Without limiting the foregoing, you warrant and agree that your use of the Website and any Submissions shall not:
- include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Achievers’ sole discretion;
- involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
- involve, provide, or contribute any false, inaccurate, or misleading information;
- impersonate or attempt to impersonate Achievers, an Achievers employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
- transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
- encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability;
- cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
- promote any illegal activity, or advocate, promote, or assist any unlawful act;
- give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
- Submissions; Grant of License; and Privacy
- The Website may contain Interactive Functions allowing Submissions on or through the Website. None of the Submissions you Submit to the Website will be subject to any confidentiality by Achievers.
- By providing Submissions to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to collect, use, reproduce, modify, perform, display, distribute, store and otherwise disclose to third parties Submissions for any purpose, and incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of Submitting any Submission.
- We reserve the right to remove, edit, limit, or block access to the Submissions at any time, and we have no obligation to display or review your Submissions.
- You understand and agree that you, not Achievers, nor Achievers’ parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any Submissions you Submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any Submissions Submitted by you or any other user of the Website.
- Ownership of the Website
- All right, title and interest, including intellectual property rights, in the Website and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of Achievers (or our third-party suppliers, if applicable).
- The Website and all materials provided by us hereunder are made available or licensed and not “sold” to you.
- The Website and all other materials provided by us hereunder, including Content we make available through or in the Website, are protected by copyright in Canada, the United States and elsewhere in the world pursuant to the Berne Convention. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling any part of the Website, the Content, or other materials provided by us hereunder, or sharing or granting access in any of the foregoing to any third party for any purpose.
- Achievers is the trade name and mark of Achievers Solutions Inc. Any trademarks, graphics or logos appearing on the Website or in the Content are the exclusive property of Achievers Solutions Inc (or its third-party suppliers) and may not be used in any manner without our express written consent.
- No Unlawful or Prohibited Use
- disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack);
- attempt to gain unauthorized access to the Website, or bypass any measures we may use to prevent or restrict access to the Website;
- send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Website any data, information, pictures, videos, audio or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person, including reviews that are not representative of your experience; (iv) is libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or (vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
- publish, market, advertise or in any way distribute the content;
- share, transfer or otherwise provide access to an account designated for you to another person;
- use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Website or any part thereof or otherwise attempt to discover any source code;
- use the Website for the purpose of building a similar or competitive product or service; or
- authorize, permit, enable, induce or encourage any third party to do the above.
- Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Website. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Website.
- No Reliance
The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the us nor our parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.
- Third Party Promotions, Content, Websites or Services
- Malicious Code and Security
The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that the Website is compatible with your computer system or that the Website, or any links from the Website, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website.
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE WEBSITE IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE WEBSITE.
- Limitation of Liability
You will defend, indemnify and hold harmless us, our affiliates and service providers, and each of their and our respective officers, directors, employees, and agents, and any licensees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:
- your Submissions;
- your use of the Website;;
- your violation of any law or the rights of a third party (including intellectual property rights).
- Term and Termination; Survival
- Geographic Restrictions
Achievers makes no representation that the Website or products and services sold by Achievers.com are or will be available for use by individuals or entities located in countries or otherwise subject to relevant sanctions or other trade restrictions, including (without limitation) financial sanctions or trade embargoes imposed, administered, or enforced from time to time in Canada under the Special Economic Measures Act and regulations thereunder, the United Nations Act and regulations thereunder, and the Justice for Victims of Corrupt Foreign Officials Act and regulations thereunder, or administered by the United States Office of Foreign Asset Control, the United States Department of State, the United Nations Security Council, the European Commission, the Monetary Authority of Singapore, the Australian Sanctions Office, or Her Majesty’s Treasury of the United Kingdom. Countries in which the Website is available for use may be updated by Achievers from time to time. The Website is not intended for use in any jurisdiction or by any individual or entity where its use is not permitted.
- General Provisions