Last Modified: ________, 2022
Registration – You must create an Account and subscribe for the Services at [Insert Website Name] in order to use the Services. You are in charge of maintaining an Account once you’ve created one and safeguarding its login information. You acknowledge that effective communication with us depends on your prompt notification of any changes to the information you have provided.
You hereby acknowledge that You are (i) at least 18 years old; (ii) legally able to bind yourself or the party you may be representing to our Terms; and (iii) agree to use the Service only for purposes that are allowed by these Terms of Service. There may be usage restrictions and limitations on the services we offer. You must make sure you adhere to these constraints and limitations.
You represent that you will not use the Site for any illegal or unauthorized purpose; and that your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
The Site may only be accessed and used for the purposes for which it is intended by us. As a user of the Site, you agree not to:
Copy, modify, reuse, license, sub-license, sell or transfer in any manner, commercially or otherwise, the Services offered by the Site.
disassemble, reverse engineer or decompile the Services or Software or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any software, documentation or data related to or provided with the Services;
access the Services in order to develop a competing product or service;
use the Service to provide a service for others;
remove or modify a copyright or other proprietary rights notice on or in the Services;
violate any Applicable Law;
disable, hack or otherwise interfere with any security, digital signing, digital rights management, verification or authentication mechanisms implemented in or by the Services;
intentionally include, send, store or run software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs from the Services;
intentionally cause a computer to malfunction, regardless of how long the malfunction persists;
alter, disable, or erase any computer data, computer programs or computer software without authorization; or
introduce information through our Platform which places confidentiality burden that is not agreed upon between you; or
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site; or
Any other activity that threatens the existence of Combat Sales LLC.
(a) By Combat Sales. Combat Sales hereby grants you a non-exclusive, non-transferable, non-sublicensable, worldwide right to use the Service solely during the Term and only for your internal business needs, subject to your Subscription requirements and the Terms.
(b) By Customer.
IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL COMBAT SALES OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Terms used in these Terms of Service shall have the following meanings:
(a) “Account” means the user account, which includes a username and password, associated with a Customer on our Platform to access and use the Service;
(b) “Aggregated Information” means all data that has been anonymized after being obtained from your use of the services, including use data, performance metrics, data, and other content, provided that none of this data can be used to identify you or another user.
(c) “Applicable Laws” means all statutes, codes, rules, regulations, bylaws, judicial or arbitral or administrative or ministerial or departmental or regulatory judgments, orders, decisions, rulings or awards, policies, guidelines, or any provisions of the foregoing, including common and civil law and equity general principles, binding on or affecting the Person referred to in the context in which such word is used;
(d) “Content” means all information, data, and content found in any such material, including but not limited to any and all videos, music, sounds, images, live streams, documentation, reports, materials, files, text, images, logos, artwork, graphics, pictures, advertisements, works, and any other works of authorship;
(e) “Customer Data” means any non-anonymized electronic data that is gathered and/or processed about the Customer, the Users, and the Users using the Service, including personal data, login credentials, and other data relevant to such parties’ usage of the Service;
(f) “Documentation” means the operating and usage instructions for the Services that Combat Sales provides to Customer in accordance with these Terms of Service, as updated from time to time by Combat Sales;
(g)“Intellectual Property” includes patents, patent applications, trade practices, technical know-how, copyright, service marks, certificates of invention, utility models, continuations, continuations-in-part, provisional, divisions, reissues, renewals, re-examinations, and extensions of innovations, discoveries, or improvements (whether or not reduced to practise); whether presently existent, including the right to request registrations, certifications, or renewals with respect to them, the right to pursue, enforce, and seek restitution..
(h) “Intellectual Property Rights” means any rights related to Intellectual Property.
(i) “Person” means a natural person, a business, a government, or any other legal, business, or governmental entity, including, but not limited to, a corporation, general partnership, joint venture, limited partnership, limited liability company, trust, business association, group acting jointly, or any individual acting in a representative capacity;
(j) “Platform” means the software, code, hardware, and servers utilised in the administration and delivery of the Services, including the Software and Documentation;
(k) “Service” means any solution or product we make available through our platform, as well as any related content. By “Services,” we refer to a variety of services.
(l) “Software” includes software products used in connection with the Service, such as the dashboard, reporting centre, and chat agent for Combat Sales, and may include code that is made available or distributed with the Software, as appropriate, under the terms of third-party licence agreements, including open source;
(m) Users” refers to users who access or view customer content as well as the customer’s employees, representatives, consultants, contractors, or agents who are permitted to use the services in the customer’s favour and who have individual user IDs and passwords for the services;
(n) “User Data” means the electronic information that the Service collects and analyses about the traits and behaviours of Users (including personal data about such Users) in relation to how they use or view Customer Content.
We communicate with you through email and other technological channels. You acknowledge and agree that by giving us your email address or other personally identifying data while using or before accessing the Services, you: (i) agree to receive communications from us, our Affiliates, and applicable Users in electronic formats, such as through the email address you have provided, SMS messages to your phone, or other pre-arranged methods of contact; (ii) have the option to stop receiving communications from any such party at any time by following the procedures on our website, but we do not assume any responsibility for any communication from another party to you, especially if you have provided your email address.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time. We will ensure the Terms, which are available on our Website, show the date of last amendment. Your continued use of our Services shall constitute your (i) affirmative acknowledgement of our most current Terms, and (ii) agreement to abide and be bound by our Terms, as amended. If at any time you choose not to accept our revised Terms, then please do not use the Services and as applicable, terminate your Subscription and Account in accordance with the Terms.
Our Terms and any access to or use of the Services shall be governed by, and construed in accordance with the internal laws of the Province of Atlanta and the federal laws of Georgia, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the province of Ontario.
You hereby relinquish any claim, dispute, or controversy that may have given rise to a right you may have to bring or take part in a class action lawsuit against us, and, where applicable, you and any Users hereby agree to withdraw from any class action lawsuit that may have been brought against us in the past.
The remaining portion of our Terms or the application of such portion of provision in circumstances other than those for which it is so declared illegal or unenforceable shall not be affected if any portion or provision of our Terms is to any extent found to be unlawful or unenforceable by a court of competent jurisdiction. Each portion and provision of our Terms shall be valid and enforceable to the fullest extent permitted by law.
Any notice to us, including those regarding termination, should be made in writing by certified postal mail to __________________, unless otherwise specified in our Terms or as expressly required by law. Any notice to you will be sent to the email address that is most current on your Account.
The word “or” is not exclusive; the terms “including,” “including,” and “include” mean “including without limitation;” and “shall” means “will” and “must,” all three of which can be changed interchangeably and shall not mean “may.” Any reference to gender encompasses all genders.
Any covenant, agreement, term, provision, or condition contained in the Terms will not be understood as having been waived or renounced if we fail to insist on strict compliance with them or if we fail to exercise any choice. Instead, they will continue to be in full force. We cannot be assumed to have waived anything unless it is in writing.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: