Bridgit Website Terms of Use

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INTRODUCTION

The following sets out the terms and conditions of use (the “Terms of Use”) for our website: (the “Site”) made available by Bridgit Inc. (“Bridgit”, “we”, “us” or “our”).

Bridgit Inc. (“Bridgit”) has developed proprietary on-line software which is made available for license, access and use by third party customers and their users  (the “Software”)to assist in construction planning and management. The purpose of the Site is to provide information and materials related to Bridgit’s Software.

These Terms of Use constitute a legally binding agreement between you and Bridgit regarding your use of and access to the Site.

These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with Bridgit, unless otherwise agreed to in writing by Bridgit.  If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Site.

ACCEPTING THE TERMS OF USE

By accessing and using the Site in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein.  Before continuing to use the Site, please read these Terms of Use and contact us if you have any questions.

Except where prohibited by applicable law, Bridgit reserves the right to amend, modify and supplement these Terms of Use from time to time as it sees fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Site. By accessing and using the Site, you accept and agree to comply with and be bound by such additional terms. It is your sole responsibility to review these Terms of Use on a regular basis to ensure that you are aware and understand any additional terms.

PROVISION THE SITE

You acknowledge and agree that the nature of the Site may change from time to time and without prior notice to you.

You acknowledge and agree that Bridgit may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at Bridgit’s sole discretion, without prior notice to you. You may stop using the Site at any time.  You do not need to inform Bridgit when you stop using the Site or any of its features.

The Site is provided solely for the purpose of permitting you to (a) gather information about Bridgit and the Software, (b) maintain your Bridgit account (if provided with one), (c) use services as made available by Bridgit through the Site, if authorized to do so by Bridgit, and for no other purpose whatsoever.

USE OF THE SITE BY YOU

Your use of the Site is subject to all applicable local, provincial, and federal laws and regulations. You are responsible for: (i) obtaining your own access to the Site; (ii) ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them; and (iii) for any security breaches related to accessing the Site.

You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:

a) affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else or discourage any person, firm or enterprise from using all or any portion, features, or functions of the Site;

b) transmit, distribute or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.

c) access, monitor or copy any Content (as defined herein) using any data mining, robot, spider, scraper or other automated means or any manual process for any data gathering or extraction methods;

d) take any action that imposes, or may impose, in Bridgit’s discretion, an unreasonable or disproportionately large load on its infrastructure or deep-link to any portion of the Site for any purpose;

e) modify, disrupt, impair, alter or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;

f) attempt to gain unauthorized access to the Services or Bridgit’s related systems or networks;

g) use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Site;

h) infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of Bridgit or any third party;

i) access the Site for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Site; or

j) use the Site for any purpose in violation of local, provincial, national or international laws.

In order to access certain products and services or as part of the account registration process, you may be required to provide information about yourself (such as identification or contact details).  You agree that any registration information you give to Bridgit will always be accurate, correct and up to date.

You agree that you are solely responsible for (and that Bridgit has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which Bridgit may suffer) of any such breach.

THIRD PARTY SITES

For your convenience, the Site may provide content or links to third party sites. Bridgit is not responsible or liability to you for the content or accuracy of any third party materials and we make no representations about any other websites that may be accessed from this Site.. If you choose to access any such sites, you do so at your own own risk. We have no control over the contents of any such third party sites and accept no responsibility for such sites or any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party sites.

PRIVACY

Our Privacy Policy applies to your use of this Site, and its terms are made a part of these Terms of Use by reference. Any submissions you make to the Site through any interactive functionality constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that the Site and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement (collectively, the “Content”), are owned or licensed by Bridgit, or other providers of such material, and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

You may use the Site and the Contents solely for your non-commercial and limited personal use and for no other purposes.

You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.

Unless you have been specifically permitted to do so in a separate agreement with Brdigit, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Content or any Bridgit Software and/or services for any purpose.

The limited rights granted to you under these Terms of Use may be revoked by Bridgit at any time for any reason whatsoever.

INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

We take intellectual property rights, both our own and others, very seriously.

If you are an owner of intellectual property (or the owner’s authorized agent) and believe that any of the Contents or the Site infringes your intellectual property, please notify us using the following procedure:

Please send a written notice of intellectual property infringement to: legal@gobridgit.com

In your written notice, please provide the following information:

  • Identification of the intellectual property claimed to have been infringed;
  • Identification of the Contents that you claim are infringing your intellectual property;
  • Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement that you believe that use of the Contents in the manner complained of is not authorized by the owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”.  IN PARTICULAR, BRIDGIT AND ITS LICENSORS DO NOT REPRESENT OR WARRANTY TO YOU THAT:

a) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS;

b) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; AND

c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRIDGIT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

BRIDGIT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

SUBJECT TO THE DISCLAIMER OF WARRANTY ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRIDGIT ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND

b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

a. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND

b. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(i)         ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE;

(ii)        ANY CHANGES WHICH BRIDGIT MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE);

(iii)       THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;

(iv)       YOUR FAILURE TO PROVIDE BRIDGIT WITH ACCURATE ACCOUNT INFORMATION;

(v)        YOUR FAILURE TO KEEP YOUR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Bridgit and any of our employees, officers, directors, shareholders, agents and affiliates against any and all liability, loss, claim, and expense (including reasonable legal fees) related to: (a) your violation of these Terms of Use; (b) a violation of any law or the rights of a third party; or (c) your use of the Site.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.

GENERAL

These Terms of Use and any action relating to your use and our provision of the Site shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. These laws apply to any access to or use of the Site or the Content, notwithstanding your domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where they may lawfully be offered for use. Except as restricted by applicable law, you hereby consents to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Site or Content.

You agree that Bridgit may provide you with notices, including those regarding changes to these Terms of Use, by email to legal@gobridgit.com, regular mail, or postings on the Site.

You agree that if Bridgit does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Bridgit has the benefit of under any applicable law), this will not be taken to be a formal waiver of Bridgit’s rights and that those rights or remedies will still be available to Bridgit.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

All contents of this Site are: © 2022 Bridgit Inc.