These Terms of Service were last updated on, and are effective as of, April 5, 2019.

  1. Acknowledgement and Acceptance of Terms of Service:

This website, www.RightLabs.com (the “Website”), is operated by TransACT Communications Canada Ltd., d/b/a RightLabs (“RightLabs”, the “Company”, “we” or “us”).   The services and features (collectively the “Service”) offered though the Website are provided to you in accordance with these Website Terms of Service and any related operating rules or policies that may be published by us on the Website (collectively, the “Terms of Service”).  These Terms of Service and our Privacy Policy comprise the entire agreement between you and us and supersedes all prior agreements between you and us regarding your use of the Website and the Service. BY COMPLETING THE SETUP PROCESS, OR USING RIGHTLABS, USER AGREES TO BE BOUND BY THESE TERMS OF SERVICE.  You may only continue to use the Website as long as you adhere to these Terms of Service.  If you do not agree, these Terms of Service and the Privacy Policy, you should exit the Website.

  1. Service Void Where Prohibited:

Use of the Website and the Service is void where such use is prohibited by law. By using this Website and the Service, you represent and warrant that you have the right, authority, and capacity to lawfully use this Website and the Service and to agree to these Terms of Service.

  1. Setup and Response Page:
    1. Setup 

You are required to register with the Website if you want to send an invitation for an event (see Private Event below) through the Website, publish an event on the Website, or view and edit your Website profile. In order to register with the Website you must supply a valid email address, which will be used as a unique identifier for your account, and a password.

           2. Response Page

You are required to set up a Response Page with the Website if you want to publish an event (see Event below). In order to set up a Response Page, you will be required to supply a valid email address, a password, a first name a last name, your phone number and answer a few questions including but not limited to Organization name. You may also answer certain optional questions, which will help other users know a little more about you.

           3. Image and Photograph Guidelines

When you set up an event, you can optionally post an image or a photograph that pertains to your event. We will accept photographs which show you plus another adult person (spouse, family member, etc.) and/or your children. Your face should be clearly visible in the photo. We will also accept a graphic containing a logo, provided that you are the copyright owner. Images and photographs may not contain images of children alone, cartoons, comics, celebrities, nudity, artwork, obscene or otherwise inappropriate images (as determined in our sole discretion). Photographs containing only animals are not appropriate, but you may supply a photograph of yourself together with your pet. For security and privacy reasons, you should not upload any photographs that contain contact information such as names, phone numbers, email addresses, or web site URLs. All photographs submitted to the Website or Service are subject to review and removal, if deemed by us to violate these Terms of Service. Offensive content is not permitted in any form. By posting an image or photograph you warrant and represent that you own all right, title and interest to that photograph and to all images and likenesses contained in that photograph and you authorize us to distribute that photograph as part of the Website or Service. If you see any photographs on the Website that do not conform to this policy, please notify us by emailing us.

  1. Description of Service:

The Website and Service provide Users with a variety of online services, including but not limited to:

           1. Events

An event is a gathering or get-together hosted and attended by a group of people. If you want to send an invitation to a private event, you must be registered with the Website (see SETUP above). In addition, if you have a Response Page (see above) your Response Page information will be viewable to all those who respond to your event.

           2. Other Features

You may also perform various other tasks through the Service. In order to use any feature of the Service not described above, you may be required to create a Response Page (see above).

  1. Event Disclaimers and Limitation of Liability:

Your participation in any event is at your sole and exclusive risk. The host of any event may refuse admittance, may charge an admission fee, or ask you to leave an event at any time for any reason. By using the Website you agree and understand that in connection with your participation in any event or activity, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, which may or may not be inherent in those activities and events. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death (injuries and damages) from exposure to the hazards of public or private outings and activities.  By using the Website, you agree and understand that injuries and damages can occur by natural causes or by the acts of other persons or third parties, either as a result of negligence or because of other reasons. You are personally responsible for all costs and/or risks associated with any public or private event or activity that you arrange or in which you choose to participate. Notwithstanding anything to the contrary herein, to the fullest extent allowed by law, you agree to waive and discharge all claims, release us from all liability and indemnify and hold harmless RightLabs, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any and all liability on account of, or in any way resulting from injuries and damages in any way connected with any events or activities. You agree and understand and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators and assigns, and includes any minors accompanying user at the events.

  1. Content:

You are solely responsible for any data, text, software, music, sound, photographs, images, graphics, video, messages, files, information or other materials (“Content”) which is transmitted, posted, or distributed by you through the Website or Service, including but not limited to the contents of your email communications, information, reviews, photos or images posted by you or posted to your Response Page and information, photos, images, sound files or other Content posted by you in an Event. All Content posted by you, is your sole responsibility. We do not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the Website or Service you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. Subject to the terms of our Privacy Policy, you agree if you post any Content on the Website or Service, you grant to us and our successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Website and Service and to third parties with whom we have a relationship. You also grant us the right to authorize the downloading and printing in whole or in part of any Content that you post to the Website.

  1. Copyright Policy/Infringing Material:

You represent and warrant that you own or have sufficient rights to post any Content that you choose to post on the Website or through the Service.  You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, proprietary information or other Content owned or controlled by someone else without obtaining the prior written consent of, or other sufficient rights from, the owner of such Content or material. Without limiting the foregoing, if you believe that any of your Content or other material has been copied and posted on the Website or Service without your permission or in any way that constitutes copyright infringement, please provide us at the address noted below with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Website or Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. For any such notices, please contact us at the following address: Privacy, RightLabs, Inc., #217-8008 104 Street, Edmonton SAB, T6E 4E2 CANADA.

  1. No “Spamming”:

You must not use any feature of the Website or Service for chain letters, junk mail, or “spamming” nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you (“Spam” or “Spamming”) is strictly prohibited. If you use any feature of the Website or Service for the purpose of sending Spam, the Website reserves the right to immediately terminate your access to the Website or Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the Website or Service for Spam, please notify us by emailing privacy@RightLabs.com by forwarding any email that appears to be Spam for our review, PLEASE NOTE that by posting an Event you are consenting to receive, and authorizing us to forward to you, emails from other users. Such messages are not included in the above definition of Spam.

  1. Notices:

We may give notice to you by email, a posting on the Website, or other reasonable means. You must give notice to us in writing via email or as otherwise expressly provided by us on the Website.  We may broadcast, distribute or display notices or messages through the Website or Service to inform you of changes to these Terms of Service, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

  1. Privacy Policy:

It is our policy to respect the privacy of Website and Service users. Our policies with regard to personally identifiable information it collects from you, what information third parties affiliated with us collect from you and how that information is used is governed by the RightLabs Privacy Policy, which you can access here: Privacy Policy.

  1. Security:

You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your Response Page. You may also set up a new account at your convenience. You agree to notify us immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform us of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. In partial consideration for using the Website or Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or Response Page response is inaccurate, we reserve the right to terminate your account immediately and your right to use the Website and Service.

  1. No Resale or Commercial Use, Abuse of the Service:

Your right to use the Website and Service is personal to you. You agree not to resell or make any commercial use of the Website or Service without our express written consent. You may not create bots or other computer generated automatic tools to create events, nor abuse the Website or Service in any manner. Use that constitutes abuse shall be determined by us in our sole discretion. We reserve the right to terminate your account if we determine that you have not complied with these Terms of Service.

  1. User Conduct:

We reserve the right, but does not assume the responsibility, to monitor or review your conduct on the Website or Service. Your use of the Website and Service is subject to all applicable local, state, national and international laws and regulations.

In using the Website or Service you agree not to:

  • Use the Website or Service for illegal purposes;
  • Interfere or disrupt networks connected to the Website or Service or violate the regulations, policies or procedures of such networks;
  • Use the Website or Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
  • Harvest or otherwise collect information about other users, including email addresses, without their consent;
  • Transmit through the Website or Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
  • Invade another’s privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Website or Service;
  • Transmit through the Website or Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
  • Interfere with another user’s use and enjoyment of the Website or Service;
  • Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
  • Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not an authorized user of the Website or Service any directory of the Website or Service users or usage information or any portion thereof other than in the context of your own use of the Website or Service as permitted under these Terms of Service;
  • Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
  • Attempt to gain unauthorized access to the Website or Service, other accounts, computer systems or networks connected to the Website or Service, through password mining or any other means; or
  • Engage in any other conduct which, in our sole discretion, is considered inappropriate, unauthorized or objectionable.
  1. Indemnification:

You agree to indemnify and hold RightLabs, its parent, subsidiary, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or Service, the violation of these Terms of Service by you, the infringement by you (or any other user of the Website or Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

  1. Termination:

You may terminate your use of and participation in the Website or Service with or without cause at any time and effective immediately.   We may terminate the Website or Service, or any portion thereof, or your use of the Website or Service with or without cause at any time and effective immediately, at our sole discretion, including but not limited to immediate termination of your use of the Website or Service should your conduct fail to conform to the terms and conditions of these Terms of Service. We shall not be liable to you or any third party for termination of the Website or Service or termination of your use of the Website or Service. Should you object to any terms and conditions of these Terms of Service or any subsequent modifications we make to these Terms of Service or become dissatisfied with the Website or Service in any way, your only recourse is to immediately: (1) discontinue use of the Website or Service; and (2) notify us of your termination and, at your discretion, notify us of the reasons for your termination. Upon termination of your use of the Website or Service, your right to use the Website or Service shall cease immediately. You shall have no right and we will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Sections 2, 5, 6, 7, 10, 11, 14, 15, 16, 19, 20, 21, 22, 23 and 24 shall survive termination of these Terms of Service.

  1. Transactions with Organizations or Individuals:

We shall not be liable for your interactions with any organizations and/or individuals found on or through the Website or Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. WE are under no obligation to become involved in disputes between participants on the Website or Service, or between participants on the Website or Service and any third party.

  1. Links to Third Party Sites:

Any websites that are accessible via links included within the Website or Service that take you out of or away from the Website or Service are not under our control and we shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites, and we encourage you to read those policies and know your rights under the terms of use and privacy policies of any such third party websites that you may choose to visit.

  1. Violation of Terms by Other Users:

We ask that you participate in ensuring that all Users follow adhere to these Terms of Service by reporting any private invitations, public events or other postings or messages that violate these terms. To report a violation of these Terms of Service, please email us at support@transact.com.

  1. Disclaimer of Warranties:

You expressly agree that your use of the Website and Service is at your sole risk. Both the Website and Service are provided on an “AS IS” and “AS AVAILABLE” basis.  We expressly disclaim all warranties of any kind, whether express or implied concerning your use of this Website or the Service, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Service will meet your requirements, or that the Website or Service will be uninterrupted, timely, secure, or error free.  We also make no warranty as to the results that may be obtained from the use of the Website or Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the related software will be corrected. You acknowledge that we do not control content, information, products or services offered by advertisers, third parties or other users on or through the Website or Service, including but not limited to information, products, or services provided by license to us from third parties or Content provided by other users. We assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability, usefulness or decency of content or products distributed or made available by third parties (including but not limited to advertisers and users) through the Website or Service. You will be solely responsible for any damage to your computer system or loss of data that results from your attempt to download any material from the Website or Service. We make no warranty regarding any goods or services purchased or obtained through its service or any transactions entered into through its service. No advice or information, whether oral or written, obtained by you from us or through the Website or Service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, therefore some of the above exclusions may not apply to you.

  1. Limitation of Liability:

We shall not be liable for any indirect, incidental, special or consequential damages, including but not limited to damages for loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages, resulting from the (i) use or the inability to use the Website or Service; (ii) cost of procurement of substitute goods and services; (iii) any goods or services purchased or obtained or content received or transactions entered into with us or a third party through the use of the Website or Service; (iv) or unauthorized access to your account or alteration of your account or data. You specifically agree that we are not responsible or liable to you or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit or otherwise objectionable conduct or speech of any other party on or through the Website or Service, or for any infringement or violation of your rights by any other party, including but not limited to intellectual property rights, rights of publicity, or rights of privacy. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may not apply to user.

  1. Governing Law and Dispute Resolution:

These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the province of Alberta, provided, however, that RightLabs, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to these Terms of Service through binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association. Any such arbitration shall be conducted in Edmonton, Alberta, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RightLabs in writing.  You and RightLabs agree that any lawsuit arising out of or related to this Website or Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred.

  1. Modifications to the Service and to Terms of Service:

We reserve the right to modify or discontinue the Website, the Service or any part thereof, with or without notice to you.  We shall not be liable to you if we modify or discontinue the Website or Service or any portion thereof. We may change the terms and conditions of these Terms of Service at any time in our sole discretion. In the event of any material or substantial change in the terms and conditions of these Terms of Service, we may notify you via email and/or by posting an announcement of the changes together with a link to the new Terms of Service on the Website or Service. In any event, when we do modify these Terms of Service we will note at the top of these Terms of Service the date of the last update, which should alert you to changes since your prior visit to this Website or use of the Service.  By using the Website or the Service after any change in these Terms of Service you are deemed to have acknowledged and accepted the then applicable Terms of Service.

  1. Our Proprietary Rights

The Website and the Service are owned and operated by RightLabs, and the Content on this Website and the Service (other than Content contributed or posted by authorized users) are the intellectual property of RightLabs, its affiliates or licensors (“RightLabs Proprietary Material”) unless otherwise stipulated in writing by us.  RightLabs’ Proprietary Material is protected under the laws of the United States of America and other nations around the world, and under international treaties, including under copyright and trademark laws. You are not permitted to remove any copyright or other proprietary notice from any RightLabs Proprietary Material. You are also not permitted to publish, distribute, transmit online or offline or otherwise use RightLabs Proprietary Materials in any way for any commercial purpose, without the prior and express written consent of Company.

  1. General Provisions

 

The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.  If any provision of these Terms of Service shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and RightLabs. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

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