TERMS OF USE and NOTICES
AGREEMENT BETWEEN USER AND BRIDGEWATER
The Bridgewater website is comprised of various websites and web pages (collectively, the "Bridgewater websites") operated by Bridgewater or its affiliates (collectively, “Bridgewater”). Use of the Bridgewater websites are conditional upon your acceptance without modification of the terms, conditions, and notices contained herein (“Terms of Use”). Your use of the Bridgewater websites constitutes your agreement to all such Terms of Use. Your use of a particular Bridgewater website included within the Bridgewater websites may also be subject to additional terms (the "Additional Terms").
Additionally, the Bridgewater websites may themselves contain additional terms that govern particular features or offers (for example, user forums or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Bridgewater website, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement here for disclosures relating to the collection and use of your information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Bridgewater site/service requires you to open an account, you must complete the registration process by providing Bridgewater with current, complete, and accurate information as prompted by the applicable registration form. You then will choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Bridgewater immediately of any unauthorized use of your account or any other breach of security. Bridgewater will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Bridgewater or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
Bridgewater reserves the right to change the terms, conditions, and notices under which the Bridgewater sites/services are offered, including but not limited to the charges associated with the use of the Bridgewater sites/services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Bridgewater sites/services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Except where otherwise stated on particular pages of this website, you may view, copy, and print web pages and downloadable documents ("Materials") available on this website subject to the following conditions:
- The Materials and any copies of the Materials you make may be used by you and your company or organization solely for informational purposes and may not be published or redistributed to others outside your company or organization;
- The Materials may not be modified or altered in any way;
- Any copy of the Materials or portion thereof must include the copyright and any other proprietary notices which accompany or are contained within the Materials. If such Materials or portion thereof are not accompanied by a copyright notice you must include the following copyright notice Copyright (c) 1996-[insert current year] Bridgewater Systems Corporation and its suppliers; and
- Bridgewater reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from Bridgewater.
Materials specified above do not include the design or layout of this website. The design and layout of this website are protected by copyright, trade-mark, trade dress and other laws and may not be copied or imitated in whole or in part.
LINKS TO THIRD-PARTY SITES
The Bridgewater sites/services may contain links to third-party websites ("Linked Sites"). The Linked Sites are not under the control of Bridgewater and Bridgewater is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bridgewater is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is Bridgewater responsible if the Linked Site is not working appropriately. Bridgewater is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bridgewater of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the Bridgewater sites/services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Bridgewater shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Bridgewater sites/services, you will not use the Bridgewater sites/services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Bridgewater sites/services in any manner that could damage, disable, overburden, or impair any Bridgewater site/service(s) (or the network(s) connected to any Bridgewater site/service(s)) or interfere with any other party's use and enjoyment of any Bridgewater site/service(s). You may not attempt to gain unauthorized access to any Bridgewater site/service, other accounts, computer systems, or networks connected to any Bridgewater site/service, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Bridgewater sites/services.
USE OF SERVICES
The Bridgewater sites/services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets, and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, 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 or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
- upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages
- download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- restrict or inhibit any other user from using and enjoying the Communication Services;
- violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
- harvest or otherwise collect information about others, including email addresses;
- violate any applicable laws or regulations;
- create a false identity for the purpose of misleading others; and
- use, download, or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of a Bridgewater site/service(s) or other user or usage information or any portion thereof.
Bridgewater has no obligation to monitor the Communication Services. However, Bridgewater reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Bridgewater reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Bridgewater reserves the right at all times to disclose any information as Bridgewater deems 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, in Bridgewater's sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. Bridgewater does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Bridgewater specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Bridgewater spokespersons, and their views do not necessarily reflect those of Bridgewater. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO BRIDGEWATER OR POSTED AT ANY BRIDGEWATER WEBSITE
Bridgewater does not claim ownership of the materials you provide to Bridgewater (including feedback and suggestions) or post, upload, input, or submit to any Bridgewater site/service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Bridgewater, its affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Bridgewater is under no obligation to post or use any Submission you may provide and Bridgewater may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE BRIDGEWATER SITES/SERVICES
All content and software (if any) that is made available to view and/or download in connection with the Bridgewater sites/services, excluding content and/or software that may be made available by end users through a Communication Service ("Software"), is owned by and is the copyrighted work of Bridgewater Systems Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, Bridgewater Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Bridgewater site/service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BRIDGEWATER SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE BRIDGEWATER SITES/SERVICES AND TO THE INFORMATION THEREIN. BRIDGEWATER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BRIDGEWATER SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE BRIDGEWATER SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. BRIDGEWATER CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE BRIDGEWATER SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BRIDGEWATER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ETC.
TITLE AND NON-INFRINGEMENT
YOU SPECIFICALLY AGREE THAT BRIDGEWATER SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A BRIDGEWATER SITE/SERVICE. YOU SPECIFICALLY AGREE THAT BRIDGEWATER IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT BRIDGEWATER IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A BRIDGEWATER SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL BRIDGEWATER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BRIDGEWATER SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE BRIDGEWATER SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BRIDGEWATER SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE BRIDGEWATER SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRIDGEWATER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME PROVINCES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BRIDGEWATER SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BRIDGEWATER SITES/SERVICES.
TERMINATION/ACCESS RESTRICTION
Bridgewater reserves the right, in its sole discretion, to terminate your access to any or all Bridgewater sites/services and the related services or any portion thereof at any time, without notice. Bridgewater may also terminate or suspend your access to Bridgewater site/service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Bridgewater. Upon termination of the Bridgewater site/service, your right to use the Bridgewater site/service immediately ceases.
LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
GENERAL
These Terms of Use are governed by the laws of the Province of Ontario, Canada. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the Regional Municipality of Ottawa, Ontario, Canada in all disputes arising out of or relating to the use of the Bridgewater sites/services. Use of the Bridgewater sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bridgewater as a result of these Terms of Use or use of the Bridgewater sites/services. You agree to indemnify and hold Bridgewater, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Bridgewater sites/services. Bridgewater reserves the right to disclose any personal information about you or your use of the Bridgewater sites/services, including its contents, without your prior permission if Bridgewater has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Bridgewater or its affiliated companies; (3) enforce the terms of use; or (4) act to protect the interests of its members or others. Bridgewater's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of Bridgewater's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Bridgewater sites/services or information provided to or gathered by Bridgewater with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between the user and Bridgewater with respect to the Bridgewater sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Bridgewater with respect to the Bridgewater sites/services. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT
All contents of the Bridgewater websites are: Copyright © 1996-2008 Bridgewater Corporation and/or its suppliers, 303 Terry Fox Drive, Suite 500, Ottawa, Ontario K2K 3J1, Canada.
TRADEMARK NOTICES
Bridgewater, Bridgewater Systems, the Bridgewater Systems logo, Widespan, "One View. Infinite Possibilities.", and "Solutions for a Subscriber-Centric World" are trademarks or registered trademarks of Bridgewater Systems Corporation. Other company or product names referenced may be trademarks or registered trademarks of their respective holders.
Any rights not expressly granted herein are reserved.
