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.
2. Privacy Policy
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.
Please note that if you export any data, such
information will no longer be under control of Target Align and therefore is no
longer protected under our privacy policy.
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
No intellectual property of Target Align or any
third party is transferred, and all right, title and interest in and to such
property will remain (as between the parties) solely with Target Align. Target
Align, its logo(s), and all other trademarks, service marks, graphics and logos
used in connection with Target Align, or the Services are trademarks or
registered trademarks of Target Align or its licensors. Other trademarks,
service marks, graphics and logos used in connection with the Services may be
the trademarks of other third parties. Your use of the Services grants you no
right or license to reproduce or otherwise use any Target Align or third-party
trademarks. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design
elements or concepts without express written permission from Target Align.
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.
You represent and warrant that (i) your use of the Services will be in strict accordance
with our Privacy Policy, with this Agreement and with all applicable laws and
regulations (including without limitation any local laws or regulations in your
country, state, city, or other governmental area, regarding online conduct and
acceptable content, and including all applicable laws regarding the
transmission of technical data exported from Italy or the country in which you
reside) and (ii) your use of the Services will not infringe or misappropriate
the intellectual property rights of any third party.
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.
12. Indemnification
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 info@targetalign.ca.
Applicable
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).
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