Terms and Conditions – Applies to all Users of MyDecisionTool.com
Date of Last Revision: January 15, 2008.
Welcome to MyDecisionTool, a home evaluation tool designed to help the home buyer make the wisest possible choice in the home selection process. The MyDecisionTool service and network (collectively, "MyDecisionTool" or "the Service") are operated by Decision Tool Corporation and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.MyDecisionTool.com (the "Site") or by registering and checking the box “I Agree to the Terms and Conditions”, you (the "User") signify that you have read, understand and agree to be bound by these Terms and Conditions ("Terms and Conditions " or "Agreement"), whether or not you are a registered member of MyDecisionTool. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and Conditions and to review such changes.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. Eligibility
Membership in the Service is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older.
Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of this Agreement.
2. Registration Data
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
3. Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible to use the Site as a home buyer, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Agents are granted commercial use of the site. Except for your own User Content, home buyer clients may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and Conditions and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
4. Trademarks
MyDecisionTool, www.MyDecisionTool.com, “When The Right Choice Matters” “Helping To House Humans” and other Company graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Company worldwide. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
5. Software License Agreement For MyDecisionTool Agents
THIS SOFTWARE LICENSE AGREEMENT ("Agreement") governs the customer’s ("Agent") use of Decision Tool Corporation's ("Decision Tool Corporation") MyDecisionTool software product, including any associated media, printed materials, and electronic documentation ("Software"). “Agent” refers to a subscriber of MyDecisionTool who provides the service to a third party end user.
By installing, clicking on, and/or using this Software, Agent agrees to be bound by the terms of this Agreement. Terms of use shall be applicable to Agent during free trial use and during paid subscription use of software.
A. LICENSE: This Agreement grants Agent a nonexclusive license to use the Software in its entirety as specified herein. This Agreement shall be retained by Agent. Agent may not sell, rent, assign, or lease the Software or any of its components with the exception of the client portion to Agent’s clients. Agent may not post the Software to its internal web site (i.e., an Intranet) or to any external Internet web site. Agent may not transfer Agent's rights under this Agreement. Agent may not reverse engineer, decompile, modify, or disassemble the Software in whole or in part. The Software's component parts may not be separated from the Software. Agent may not copy or install the Software on its own employees' personal computers. Agent may use the Software by accessing it on the Internet from any computer or through a network.
B. TRIAL OFFER: Agent may access the Software for a 30 day trial period at no cost to Agent. Prior to the conclusion of the trial period Agent may elect to subscribe to Software on a month to month auto-renewal basis. Doing so will retain all Agent and Agent’s client data which will seamlessly be carried forward into the subscription account. If a subscription is not activated prior to the conclusion of the free trial, the account will be terminated and all data will be discarded.
C. PAYMENT: Payment is made by credit card, paid in advance for a 1 month period and takes effect immediately upon ordering. Payment is made for one full month in advance and is non-refundable. Agent accepts this agreement to be automatically self-renewing each month, on or about the day of initial subscription.
D. Cancellation can be made any time prior to the regular monthly billing day. To cancel your subscription, go to your account, click invoices, and then click “Cancel My Subscription. Once cancellation notice is given, site access remains available until the next scheduled billing date, at which time the account will be closed. There is no pro-rated refund applied for unused portions of time. Upon cancellation Agent’s clients are notified about the termination of Agent’s subscription to MyDecisionTool by email and are given the option to purchase a “client” subscription within a specified period of time if they wish to retain their data and continue using the Service.
E. LICENSING OF CLIENT SEATS BY AGENTS: This Agreement grants Agent nonexclusive license to provide Agent’s clients with the client portion of the Software. Agent is limited to providing a maximum number of client seats depending on the number of seats available in the subscription package currently in use by Agent. Agent may upgrade or downgrade subscription package at any time with price change to take effect on the next monthly billing cycle. To accommodate unanticipated requirements for extra client seats, Decision Tool Corporation allows Agent to add clients beyond the normal limit of Agent subscription for a limited time to allow Agent to upgrade if desired. The addition of clients beyond subscription maximum places Agent account in “Overflow Status”. Agent has a 7-day grace period to upgrade Agent subscription package to accommodate the appropriate number of clients beyond the current subscription maximum or release enough clients to bring the client count within the current subscription maximum. Failure on the part of Agent to take appropriate action within 7 days of account entering into overflow status will result in the termination of all extra client seats at the end of the grace period. Terminated clients will be given the option to purchase a client subscription or transfer their HomeZone to another Agent.
F. AGENT MUST PROVIDE SERVICE TO CLIENTS FOR FREE: Agent agrees to provide client portion of software to clients on a no-charge basis only. Agent is not obligated to provide Software to any client including those referred to Agent by MyDecisionTool. Agent retains the right to terminate any client seat at any time with or without cause.
G. OWNERSHIP: The Software is licensed, not sold. The Software and its components are owned either by Decision Tool Corporation or its subsidiaries or third-party suppliers, who retain all right, title, and interest in the Software or their respective components, and all copies thereof, and are therefore protected by US and Canadian patent and copyright laws and international treaty provisions. Agent shall treat the Software like any other patented and/or copyrighted material. Agent shall not remove, modify, or alter any patent, copyright, or trademark notice from any part of the Software. All rights not specifically granted under this Agreement are reserved by Decision Tool Corporation and/or its suppliers.
H. AGENT PRIVACY: Decision Tool Corporation shall maintain Agent personal information private using best possible means at its disposal. Agent agrees that Agent’s contact information may be used by Decision Tool Corporation, its contractors, subsidiaries or affiliates to convey information to, or request information from agent from time to time. Unused information shall be stored for a limited time then appropriately destroyed.
I. AGENT’S CLIENT’S PRIVACY: In the carrying out of services to Agent, Software collects Agent’s client information. Agent accepts that such client information is visible to Agent in the normal use of Software. Decision Tool Corporation shall make every effort to provide only contact information and information it deems relevant to the home buying process. In order to use the client portion of Software, Agent’s clients are required to accept that any information stored in Software is visible to Agent at any time, including home scores, comments, photos and personal information but not including credit card information. Agent acknowledges that client and Agent contact information may be used by Decision Tool Corporation, its contractors, subsidiaries or affiliates to convey information to, or request information from Agents and Agent’s clients from time to time.
J. LIMITED WARRANTY: Decision Tool Corporation warrants that the Software will operate as intended. The code has been thoroughly tested and receives updates and adjustments to further improve performance however any failure to provide acceptable service to Agent is limited only to refund of the Agent’s previous month’s subscription fee.
K. AGENT REMEDIES: Decision Tool Corporation's entire liability and Agent's exclusive remedy shall be the refund of the previous 30 days subscription fee. Such payment shall be made by way of refund to the credit card originally used to purchase said subscription. Printed proof of purchase is required to be mailed to obtain refund against Decision Tool Corporation's Limited Warranty. Mail proof of purchase with a description of the problem or issue which Agent finds unsatisfactory to Decision Tool Corporation at its Agent Service Center, 14 Blue Jay Court, Waterdown, Ontario, Canada, L0R 2H6. Please include a telephone number and email address. Allow 45 days for refund to appear on your credit card.
L. NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE LIMITED WARRANTY STATED ABOVE, DECISION TOOL CORPORATION DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. DECISION TOOL CORPORATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET AGENT'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, DECISION TOOL CORPORATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DECISION TOOL CORPORATION OR AN AUTHORIZED DECISION TOOL CORPORATION REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
M. LIMITS OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DECISION TOOL CORPORATION OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER ECONOMIC LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF DECISION TOOL CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, DECISION TOOL CORPORATION'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY AGENT ALLOCABLE TO THE SOFTWARE. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO AGENT.
N. HIGH RISK ACTIVITIES: The Software is not fault-tolerant and is not designed, manufactured, or intended for use or resale as an on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life-support machines, or weapons, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Decision Tool Corporation and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
O. LANGUAGE: By accepting the Terms Of Use of this software you have also accepted English as the language for this agreement. The parties to this Agreement have expressly required that the Agreement be drawn up in the English language. /Les parties aux presentes ont expressement exige que la presente conventiosoient redigees en langue anglaise.
P. EXPORT RESTRICTIONS: Agent may not export or re-export the Software or any underlying information or technology except in full compliance with all United States, Canadian, and other applicable laws and regulations.
Q. TERMINATION: Without limiting any of Decision Tool Corporation's other rights, Decision Tool Corporation may terminate this Agreement if Agent fails to comply with the terms and conditions hereof. In such event, Agent must destroy any and all copies of the Software in Agent’s possession.
R. AGREEMENT: By clicking the “I Agree to the Terms and Conditions” box when initiating your subscription to MyDecisionTool, or by installing or using the Software, Agent agrees to be bound by the terms and conditions of this Agreement.
6. User Conduct
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
· use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
· use automated scripts to collect information from or otherwise interact with the Service or the Site;
· upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful, or racially, ethnically or otherwise objectionable;
· upload, post, transmit, share, store or otherwise make available any images except those which you have acquired by legal means and are for the intended purpose of this site
· impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
· upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
· solicit passwords for commercial or unlawful purposes;
· upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· intimidate or harass another;
· upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, county/state/ provincial, national or international law;
· use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
· upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
7. User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, links, text, information, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit (collectively the "User Content").
You may not post, transmit, or share User Content on the Site or Service that you do not have lawful permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time.
When you post User Content on the site you accept that any and all User Content entered into MyDecisionTool will be visible to the Agent who supplied MyDecisionTool to you. You accept that User Content may be transferred to other Authorized MyDecisionTool Agents or affiliates. You accept that the MyDecisionTool Service that is provided to you by an Agent is provided at Agent’s expense and provided to Users free of charge and may be terminated at any time without cause by that Agent. Such termination will be accompanied by email notice to Users by the Company advising of termination and ample notice with which to convert their HomeZone to a paid subscription. Failure to convert to a paid subscription within the specified period will result in loss of all data stored within the User section of MyDecisionTool. You accept that User and/ or Agent contact information and data may be shared with contractors, affiliates and sponsors of MyDecisionTool.
8. Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the MyDecisionTool website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our office in writing with a signed letter describing details to Copyright Infringement, Decision Tool Corporation, 14 Blue Jay Court, Waterdown, ON, Canada L0R 2H6.
9. Repeat Infringer Policy
In accordance with applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10. Third Party Websites and Content
You may be sent through the Site or the Service links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
11. Link Service
Company offers a feature whereby users of the Site can share with others or post to their own member area, bio, email address, additional information, articles and links to other Third Party Applications, Software or Content from, and/or to, Third Party Sites through the Service (the "Link Service"). You acknowledge and agree that your use of the Link Services and all links, User Content or Third Party Applications, Software or Content shared through the Link Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms and Conditions.
12. Use of Link Service by Online Content Providers
Subject to the terms and conditions of these Terms and Conditions , Third Party Sites that meet the requirements set forth below may place a Link (as described below), in the form approved by Company, on pages of their web sites to facilitate use of the Link Service. A Third Party Site that posts a Link on its web site is referred to herein as an "Online Content Provider" and shall abide and be subject to the applicable sections of these Terms and Conditions.
A "Link" is a button and/or a text link appearing on an Online Content Provider's web page that, upon being clicked by a user connects a user to MyDecisionTool.com.
In the event that the Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of the Company, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Link on Online Content Provider's site and solely in the current form provided by the Company. In the event that the Link is a text link, it must include the word "MyDecisionTool" as part of the link. The rights granted in this paragraph may be revoked by Company at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Links from its site.
In order for an Online Content Provider to include a Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above. Without limiting the forgoing, Online Content Provider agrees not to post a Link on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Company or its users to any harm or liability of any type. Upon including of a Link, Online Content Provider agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with such Link, any links, content or other items or materials which may be shared or posted through such Link, or any breach or alleged breach of the foregoing representations and warranties.
By including a Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Link Service in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Link.
13. MyDecisionTool Pages
MYDECISIONTOOL DOES NOT PRE-SCREEN OR APPROVE MYDECISIONTOOL PAGES, AND CANNOT GUARANTEE THAT A MYDECISIONTOOL PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A MYDECISIONTOOL PAGE. NOR IS MYDECISIONTOOL RESPONSIBLE FOR THE CONTENT OF ANY MYDECISIONTOOL PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY MYDECISIONTOOL PAGE, INCLUDING HOW THE OWNER OF THE MYDECISIONTOOL PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A MYDECISIONTOOL PAGE.
14. User Disputes
You are solely responsible for your interactions with other MyDecisionTool users/ providers. We reserve the right, but have no obligation, to monitor disputes between you and other users/ providers.
15. Privacy
We care about the privacy of our users. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
16. Security And Password Protection
Decision Tool Corporation will not divulge passwords to Clients or Agents making requests for lost or forgotten passwords by telephone, fax, mail or email. Decision Tool Corporation has adopted an industry standard method of providing users with access to their accounts in the event of a lost or forgotten password via the MyDecisionTool web site. In the event that an Agent or Client has misplaced their password they may request a temporary password at the login page. Upon completion of such request an email containing a temporary password is sent to the email address associated with that account. Users must protect their computers from use by persons other than themselves in order to prevent unauthorized access to their email account. Decision Tool Corporation is not responsible for the fraudulent actions of persons with access to users home, business or public computers.
17. Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by MyDecisionTool, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Company makes best effort to communicate issues regarding account status and any changes occurring to user accounts. Such communications may become trapped in spam filters for reasons beyond Company’s control therefore Company assumes no responsibility for lost communications or resulting damages. The Company is not responsible for any technical malfunction or other problems of any telecommunication network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES, THE LINK SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
18. Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
19. Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18 or if you are misrepresenting yourself as a bona-fide licensed Agent (where applicable).
20. Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the Province of Ontario, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the Provincial and federal courts of Canada, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to, venue and jurisdiction in the Provincial and federal courts of Canada.
21. Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS AND CONDITIONS , THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through MyDecisionTool may be arbitrated. Arbitration under this Agreement shall be conducted by a qualified, licensed arbitrator in the Province of Ontario, selected by the company. The arbitrator’s fee shall be shared equally between you and the company. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.
22. Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Link Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
23. Submissions
You acknowledge and agree that any questions, comments, suggestions, audio conversations, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
24. Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
25. Other
These Terms and Conditions constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Decision Tool Corporation © 2008, Revised January 15, 2008
Decision Tool Corporation, owner of MyDecisionTool.com is an independent organization not affiliated CREA or NAR
