Terms of Use

Feb 11, 2020 08:14 PM

TERMS AND CONDITIONS

Last Updated: 29 January 2020   

 

1. Agreement to Terms


These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and AdReflex Corporation (doing business as Mojo Ventures AND as The Growth Roundtable), located at 4275 St. Pauls Avenue, North Vancouver, British Columbia, British Columbia V7N1T4 Canada (we, us), concerning your access to and use of the Mojo Ventures   (http://www.mojo.ca) or The Growth Roundtable   (http://www.growthroundtable.com) website, as well as any related applications (the Site).


The Site provides the following services: Management consulting services for growth.  (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.  


If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.  


1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.


1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.


1.4 We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities. 


1.5 Our site is directed to people residing in North America. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.   


1.6 The Site is intended for users who are at least 18 years old.  If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission. 


1.7 Additional policies which also apply to your use of the Site include:   


Our Privacy Notice (http://www.mojo.ca/privacy), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.   


Our Cookie Policy is found at the end of our Privacy Policy (http://www.mojo.ca/privacy) and sets out information about the cookies on the Site.    


The sites do not sell any services directly.  If you purchase services from Mojo Ventures, you must negotiate a separate agreement with the Mojo Ventures.


If you purchase services from any Mojo Ventures Network Associate or Growth Roundtable Network Associates you must negotiate a separate agreement directly with each associate.  The Network Associate is an independent contractor. This Agreement or any other agreement does not create the relationship of employer and employee, or of principal and agent, between MOJO VENTURES and the Network Associate or between MOJO VENTURES and any officers, employees or agents of the Network Associate.  The Network Associate has no authority to bind, obligate or incur any liability on behalf of MOJO VENTURES in any way and, without limitation, shall not enter into any contract that commits MOJO VENTURES in any way whatsoever other than as shall be expressly permitted by MOJO VENTURES in writing.



2.    Acceptable Use Policy    


2.1 This section is our Acceptable Use Policy which sets out all the permitted uses and prohibited uses of this site.    By using the site in anyway the user agrees to this policy and additional restriction as specified in any of the policies noted in 1.7 above. 


2.2 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  


2.3 As a user of this Site, you agree not to:  


  • Systematically retrieve data or other content from the Site to a compiled database or directory without written permission from us  
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses  
  • Use a buying agent or purchasing agent to make purchases on the Site  
  • Use the Site to advertise or sell goods and services  
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use  
  • Engage in unauthorized framing of or linking to the Site  
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords  
  • Make improper use of our support services, or submit false reports of abuse or misconduct  
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools  
  • Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site  
  • Attempt to impersonate another user or person, or use the username of another user  
  • Sell or otherwise transfer your profile  
  • Use any information obtained from the Site in order to harass, abuse, or harm another person  
  • Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise  
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site  
  • Delete the copyright or other proprietary rights notice from any of the content  
  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users  
  • Attempt to access any portions of the Site that you are restricted from accessing  
  • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools  
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism  
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code  
  • Threaten users with negative feedback or offering services solely to give positive feedback to users  
  • Use the Site in a manner inconsistent with any applicable laws or regulations  
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site  
  • Advertise products or services not intended by us  
  • Misrepresent experience, skills, or information about a User 
  • Falsely imply a relationship with us or another company with whom you do not have a relationship   


3. Information you provide to us


3.1  You represent and warrant that: 


(a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; 


(b) you will maintain the accuracy of such information and promptly update such information as necessary; 


(c) you will keep your password confidential and will be responsible for all use of your password and account; 


(d) you have the legal capacity and you agree to comply with these Terms and Conditions; and 


(e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.  


If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at legal@mojo.ca.



3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate. 



4.    Content you provide to us  

 

4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.  


4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you. 

 

4.3 In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy (Section 2 above).    

 4.4 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty. 


4.5 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy for any reason and at our sole discretion.  

 

4.6 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values 

 

4.7 If you wish to complain about User Content uploaded by other users please contact us at legal@mojo.ca.     

 

 

5.   Our content    

 

5.1  Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.  
 

5.2  Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 


5.3  Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.   


5.4  You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded. 


5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.  


5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.  


5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.   

 

6.   Link to third party content  

 

6.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.


6.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.     

 

7. Site Management  

 

7.1  We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.  


7.2 We do not guarantee that the Site will be secure or free from bugs or viruses. 


7.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.  

 

8. Modifications to and availability of the Site     

 

8.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.    


8.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases. 


8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.  


 

9. Disclaimers & Limitation of Liability     

 

9.1  The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.  


We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any:

 

(1) errors or omissions in content: 

(2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; 

(3) any interruption or cessation of transmission to or from the site or services; and/or 

(4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.



9.2  Our responsibility for loss or damage suffered by you is restricted by a WEBSITE DISCLAIMER.


The information provided by Mojo Ventures (doing business as The Growth Roundtable) (“we,” “us” or “our”) on http://www.mojo.ca OR http://www.growthroundtable.net (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

 

9.3  Our responsibility for loss or damage suffered by you is restricted by a DISCLAIMER FOR INTERACTIVE SERVICES.

Mojo Ventures maintains interactive portion(s) of the Web site as a service both free of charge and for a fee. By using any interactive services free or paid, as provided herein, you are agreeing to comply with and be bound by the terms, conditions and notices relating to its use.



9.3.1   As a condition of your use of this Web site and the interactive services contained therein, you represent and warrant that you will not use this Web site for any purpose that is unlawful or prohibited by law or by these terms, conditions, and notices.



9.3.2   This Web site contains one or more of the following interactive services: bulletin boards, chat areas, news groups, forums, communities and/or other message or communication facilities.  You agree to use such services only to send and receive messages and material that are proper and related to the particular service, area, group, forum, community or other message or communication facility. In addition to any other terms or conditions of use of any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities, you agree that when using one, you will not:


  • Publish, post, upload, distribute or disseminate any inappropriate, profane, derogatory, defamatory, infringing, improper, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise any goods or services for any commercial purpose.
  • Offer to sell any goods or services for any commercial purpose.
  • Conduct or forward chain letters or pyramid schemes.
  • Download for distribution in any manner any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Falsify or delete any author attributions, legal or other proper notices, proprietary designations, labels of the origin, source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying any of the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities.


9.3.3   Mojo Ventures has no obligation to monitor the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities. However, Mojo Ventures reserves the right at all times to disclose any information deemed by Mojo Ventures necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.



9.3.4   You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. Mojo Ventures does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized AdReflex Corporation spokespersons, and their views do not necessarily reflect those of AdReflex Corporation.



9.3.5   The information, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Mojo Ventures may make improvements and/or changes in this Web site at any time. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.



9.4  Our responsibility for loss or damage suffered by you is restricted by an EXTERNAL LINKS DISCLAIMER.

The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 


9.5  Our responsibility for loss or damage suffered by you is restricted by a AFFILIATES DISCLAIMER. 

The Site may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links.  

 


9.6  Our responsibility for loss or damage suffered by you is restricted by a TESTIMONIALS DISCLAIMER.

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. 


The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.


The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

 


Whether you are a consumer or a business user: 
 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.  

If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.  


Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of $200 CAD or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising. 


 

If you are a business user: 


We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 

  • use of, or inability to use, our Site/Services; or 
  • use of or reliance on any content displayed on our Site.  


In particular, we will not be liable for: 

  • loss of profits, sales, business, or revenue;  
  • business interruption;  
  • loss of anticipated savings;  
  • loss of business opportunity, goodwill or reputation; or  
  • any indirect or consequential loss or damage.      

 


10.   Term and Termination  

 

10.1   These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at legal@mojo.ca.  



10.2   Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.  

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.  



10.3  If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

  

11.   General     

 

11.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  


You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. 



11.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us. 



11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.  



11.4 We may assign any or all of our rights and obligations to others at any time.   



11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.   



11.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.  



11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.  



11.8 For business users only - If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of British Columbia. We both agree to the exclusive jurisdiction of the courts of British Columbia. 



11.9 A person who is not a paying client of Mojo Ventures shall have no rights to enforce any term of these Terms and Conditions. 

 

Contacting Us

 

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, 


please contact us by email at legal@mojo.ca


or by post to: 

Mojo Ventures  

Privacy Officer

4275 St. Pauls Avenue   

North Vancouver, British Columbia, British Columbia V7N1T4   

Canada