Terms and Conditions
By entering into this agreement you agree to be bound by the following terms and conditions (“Terms of Service”). If you do not agree to all the terms and conditions of this agreement, then you shall not access services (the Service) provided by Target Align.
If you are agreeing to these Terms on behalf of a company, organization or other legal entity, you represent and warrant that you are authorized to agree to these Terms on that company, organization or legal entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
The following are products and/or services of Target Align, registered in Ontario, Canada.
· OKR Software
· OKR Consulting
· OKR Training
Target Align reserves the right to update and change the Terms of Service from time to time without notice. Any new features to the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below may result in the termination of your service(s).
1. Creating an account with Target Align and use of Service
You must be 18 years or older to create an account and use this Service.
· You must be a human. Workspaces registered by “bots” or other automated methods are not permitted.
· You must provide all information requested in order to complete the signup process. You will not provide any false information.
· Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as needed.
· You are responsible for maintaining the security of your user and password. Target Align cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
· You own all content and information posted and are the sole responsible for any activity that occurs under your workspace.
· You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction and in Canada, including but not limited to copyright laws (please see Section 9 for other details).
· You must ensure that any person who uses the Service under your authority complies with these Terms of Service.
· You are responsible for notifying us at at if you become aware of any unauthorized use of or access to your membership portal and/or hosting service. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your workspace. Target Align will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your user, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Target Align or a third party due to someone else using your user.
· Target Align is not responsible for backing up any of your information, databases, websites, etc. If you wish to add this service, you may do so for additional fees. Please contact your sales representative to add these features.
When you register an account, we are collecting information about you including your name, email and sometimes phone numbers. If you are purchasing, the data collection for your credit card will be processed either through third party merchant services. Payment and billing information collected during payment are collected by our payment processor(s), and is collected only for the purpose of conducting the transaction.
The information we collect from you is for our use in contacting you, and only for our use. We will never sell, rent, give-away, barter, trade, or in any way misappropriate your information intentionally.
If you registered a company to our programs and/or services you give us a perpetual world-wide license to use your company’s assets and logos, unless we agree in writing otherwise. These assets and logos will be used purely for marketing and sales efforts, such as being displayed on our website to promote our wares.
Further information at https://www.lsfg.ca/privacy-policy/
3. Payment, Refunds, Upgrading and Downgrading Terms
By creating an account with us, either electronically or by way of phone order, you agree to pay Target Align the fees indicated to you when you registered for the service in exchange for the Service.
The Service is billed in a “pre-paid” form, it is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months. In order to treat everyone equally, no exceptions will be made unless otherwise stated.
All prices quoted are in CDN Dollars. Additional taxes (HST) could be added depending on your province if you are located in Canada. Prices are subject to change at the sole discretion of Target Align. Clients will be notified by email should there be an increase or change in pricing.
Payments can be made with credit card, check, or Paypal.
FAILURE TO RECOGNIZE CHARGES ON YOUR CREDIT CARD
If you fail to recognize the charges by Target Align on your credit statement, and transaction fees are applied for “chargebacks”, you will be responsible to refund Target Align for chargeback fees BEFORE service is restored.
Example: Payment Processors fees for chargebacks range from $15 USD to $25.00 USD.
We reserve the right to change the payment terms and fees without notice. Such change will be applicable as of the following subscription period. Clients can at any time cancel the current subscription and/or service. Target Align will delete any relevant work/service from cancelled accounts.
4. Modifications to the Service and Prices
Target Align reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Target Align shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
5. Cancellation and Termination
Users of our site hosting plans can at any time cancel the current subscription. By cancelling your subscription you don’t receive any rights to request a refund for the sums already paid for the service. All of your Content will be immediately deleted from the Service upon cancellation at the terms and conditions set forth below.
Target Align, in its sole discretion, has the right to suspend or terminate your service and refuse any and all current or future use of the Service, or any other Target Align service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your service or your access to your license, and the forfeiture and relinquishment of all content in your license. Target Align reserves the right to refuse service to anyone for any reason at any time.
In any case of termination of Service, Target Align will give you advance notice that your subscription will be cancelled and/or service will be denied and you will be given the chance to make appropriate arrangements to either move your hosting package and/or makes changes to service. This will be the last chance for you to download your Content, so we recommend you to pay specific attention to that since Cancellation will determine the immediate deletion of your Content.
The information cannot be recovered once your account is deleted, so please ensure you have made backups of any information you want to keep.
6. Copyright and Content Ownership
We claim intellectual property rights over the licenses and/or services you choose to pay for. However, we claim no copyright or ownership over websites that utilize our hosting service unless otherwise indicated in service contracts. Your content and materials uploaded remain yours.
However, if you have been invited to host a website with us, you acknowledge and agree that that what you upload to our server, that you have all copyright ownership to in accordance with applicable local laws, including but not limited to pictures, videos, third-party integrations, managing permissions, and accessing, modifying, or removing content that you submit or upload to the Service.
Target Align does not pre-screen your content, but Target Align and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content should violations be reported.
7. Intellectual Property
If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
8. Jurisdiction and sole competent court
Any disputes will be resolved in the jurisdiction of Brampton, Ontario, Canada, and Canadian law is this governing law for this contract jurisdiction.
9. General Conditions
Technical support is available via email, phone support and FB groups such as That’s Ambitious. Target Align shall use reasonable efforts to respond within one business day. E-mails received are kept indefinitely.
You understand that Target Align uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Target Align, or any other Target Align service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Target Align.
We may, but have no obligation to, remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Target Align customer, employee, member, or officer will result in immediate service termination.
While Target Align prohibits such conduct and content on the Service, you understand and agree that Target Align cannot be responsible for third party services, service providers and/or third party software and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth consumption exceeds what you have purchased, we will not be responsible for any losses and/or damages incurred due to interruption of service. You will have the option to upgrade your account and/or make other arrangements to satisfy your usage.
Written notices include, but are not limited to, emails.
If a separate agreement is signed between the Customer and Target Align such agreement will prevail over these Terms of Service, unless otherwise specified in the agreement. If you are a “website design” customer, you may be subject to different terms and conditions in accordance with the agreement signed between Customer and Target Align.
10. General Representation and Warranty
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Target Align does not warrant that (a) the service will meet your specific requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (e) any errors in the Service will be corrected.
11. Limitation of liability
You expressly understand and agree that Target Align shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Target Align has been advised of the possibility of such damages), resulting from: (a) the use of or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; (e) or any other matter relating to the service. In no event shall Target Align be liable for any amounts exceeding the amount paid to it under this agreement.
You agree to indemnify and hold harmless Target Align, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
The failure of Target Align to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Target Align and govern your use of the Service, superseding any prior agreements between you and Target Align (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to firstname.lastname@example.org.
This Service Level Agreement applies to “YOU” if YOU have a paid for a service and you are in good financial standing with Target Align (eg. No overdue invoices).