BackupServices.ca Terms and Conditions of Use

1. Welcome

Welcome to the BackupServices.ca terms and conditions of use. These terms and conditions of use apply to and govern your use of the BackupServices.ca Web site (the “site”) as a passive visitor, as well as the services that Dougan Consulting Group provides to participants who sign up with BackupServices.ca as members (“Members”) (such services to be referred to herein as “Services”). For purposes of these terms and conditions of use, the words “you” and “your” shall refer to any visitor to the site, as well as any Member, as defined above. Your use of the site or the Services signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the site or receive the Services. The BackupServices.ca current privacy policy which addresses the use and release of information collected from your use of the site and receipt of the Services is available here: Privacy Policy.

2. License to Use the Site

Dougan Consulting Group grants you a non-exclusive, non-transferable, limited right to access, use and display the site and the materials thereon, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use.

3. Changes to Terms and Conditions of Use

Dougan Consulting Group reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.

4. Ownership

Dougan Consulting Group owns, controls, licenses or has the right to use and provide the site and all material on the site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The site is protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions, and other copyright laws. Dougan Consulting Group, and/or its third party providers, are the owners of the copyright in the entire site. Dougan Consulting Group owns a copyright in the selection, coordination, arrangement and enhancement of the site. You agree to abide by any and all copyright notices, information or restrictions displayed on the site.

You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, mirror, or in any way exploit the site or any portion thereof for any public or commercial use, other than as expressly provided, without the express written permission of Dougan Consulting Group. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

5. Change to Site or Content

Dougan Consulting Group shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the site or Services, including but not limited to Content, features, or hours of availability. Dougan Consulting Group may also impose limits on certain features and Services or restrict your access to parts or all of the site without notice or liability.

6. Services

Upon a Member’s registration on the site, Dougan Consulting Group will create an online account for the Member on the SpiderOak Blue Management Dashboard containing information provided by the Member (the “Member Account”), which account shall be accessible and modifiable by the Member thereafter at that site using a password and user name, in accordance with both this site's Privacy Policy and that of SpiderOak.

7. Acceptable Use Policy

As a condition of your use of this site and the Services, you warrant to Dougan Consulting Group that you:

  • Will only use this site and Services for lawful purposes in accordance with these terms and conditions of use;

  • Agree and consent to our Privacy Policy;

  • Agree not to infringe the proprietary rights, intellectual property rights, rights of publicity or privacy rights of Dougan Consulting Group or third parties in connection with your use of the site;

  • Agree to provide us with accurate information, and to update such information in the event that it becomes outdated or inaccurate, as necessary for provision of the Services to Members through our site, and to take responsibility for the information you provide;

  • Will be responsible for creating and maintaining the confidentiality of your user name and password, and for all activity occurring under your password and Member Account;

  • Will not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law, while using or accessing the site or the Services;

  • Will not harvest, gather or otherwise collect contact information of other users of the site or Services, for any purpose including, without limitation, transmitting any unsolicited advertising, junk mail, spam, or chain letters;

  • Will refrain from using unlawful, tortuous, profane, vulgar, harassing, abusive, threatening, inflammatory, libelous, defamatory, fraudulent or similarly harmful or discourteous language in any e-mail or form entry created through this site; and

  • Will not access or attempt to access unauthorized areas of the site, or unreasonably load or burden the site’s servers.

Members who violate these terms and conditions of use, at Dougan Consulting Group’s sole discretion, may have their Member Account suspended or terminated, and may be prohibited from receiving Services thereafter.

8. Monitoring, Editing and Disclosure of User Material

You agree that Dougan Consulting Group has the right, but not the obligation, to monitor all material on the site at any time for any reason in its sole discretion to determine compliance with these terms and conditions of use and any other operating rules that Dougan Consulting Group may establish from time to time. Notwithstanding this right of Dougan Consulting Group, Dougan Consulting Group does not and cannot review all materials posted to the site by users, and Dougan Consulting Group is not responsible for any such materials posted by users. Dougan Consulting Group reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in Dougan Consulting Group’s sole discretion, such materials are objectionable or in violation of these terms and conditions of use. Dougan Consulting Group does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Dougan Consulting Group reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site.

9. Indemnification

You shall indemnify, defend and hold harmless Dougan Consulting Group, and all its officers, directors, owners, agents, employees, content providers, partners, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the site or receipt or use of the Services. Dougan Consulting Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Dougan Consulting Group.

10. Disclaimer of Warranties and Damages; Limitation of Liability

THE SITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED TO SITE VISITORS, MEMBERS, AND ANY OTHER THIRD PARTY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DOUGAN CONSULTING GROUP NOR ITS CONTENT PROVIDERS OR PARTNERS WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, MEANINGFULNESS, OR RELIABILITY OF THE SITE, CONTENT, MATERIALS, SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SITE, ANY PRODUCTS OR SERVICES OF OR HYPERTEXT LINKS TO, THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. DOUGAN CONSULTING GROUP AND ITS PARTNERS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO DOUGAN CONSULTING GROUP’S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

UNDER NO CIRCUMSTANCES SHALL DOUGAN CONSULTING GROUP, ITS SUBSIDIARIES, PARTNERS, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF DOUGAN CONSULTING GROUP, ITS SUBSIDIARIES, PARTNERS AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, $100.00 IN CANADIAN FUNDS.

11. Links to other Web Sites

The site may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the site. Links to and from our site do not constitute an endorsement by Dougan Consulting Group or any of its subsidiaries, partners and affiliates of any third party resources or their services or contents. Links do not imply that Dougan Consulting Group or the site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Dougan Consulting Group or any of its affiliates. Dougan Consulting Group is not responsible for content on or services provided by other Web sites that are linked to or from the Dougan Consulting Group site, including without limitation Dougan Consulting Group’s partners’ Web sites and services. You should direct any concerns regarding any external link to its site administrator or Webmaster.

12. Rights to Materials Provided by Users

Any or all material and information provided by you to the site, including without limitation the information contained in your Member Account, if any, may be included in a database owned by Dougan Consulting Group and its subsidiaries, partners and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the site or Services to the fullest extent permitted by law.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to or within the site, you grant to Dougan Consulting Group a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed, without any compensation to you. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights to any claim against Dougan Consulting Group for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Dougan Consulting Group is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.

13. No Responsibility for Transmitted Material

You acknowledge that transmissions to and from this site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Dougan Consulting Group or the site, no confidential, fiduciary, contractually implied or other relationship is created between you and Dougan Consulting Group or any Dougan Consulting Group affiliate or subsidiary other than pursuant to these terms and conditions of use. Dougan Consulting Group shall not be responsible for the payment of any monies to any party in connection with Dougan Consulting Group’s use of Communications submitted by you to the site.

14. Non-Canadian Residents

Dougan Consulting Group makes no representation that materials in the site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than in Canada. Those who choose to access this site from locations outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

15. Termination

You understand and agree that Dougan Consulting Group may, in its sole discretion and at any time, terminate your Member Account, if any, and discard and remove any content or information contained therein, for any reason. Dougan Consulting Group may also, in its sole discretion and at any time, discontinue any Services, or limit or restrict any user’s access to the site or the Services, for any reason. You understand and agree that Dougan Consulting Group may take any one or more of these actions without prior notice to you, but shall use commercially reasonable efforts to notify you of such termination. You understand and agree that Dougan Consulting Group shall not have any liability to you or any other person for any termination of your Member Account or access to Services and/or the removal of such information. A Member may terminate their Member Account at any time by sending a request of termination by e-mail to Dougan Consulting Group at the following address: contact@BackupServices.ca.

16. General Provisions

These terms and conditions of use shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate Provincial or Federal court located in the Province of British Columbia and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Dougan Consulting Group with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Dougan Consulting Group of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

17. Notification of Copyright Infringement

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address: contact@BackupServices.ca.