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Welcome
When using Boxpilot, (a division of Graymatter Direct (Canada),
Inc.) services ("services"), you agree to the terms and conditions
and privacy policies listed on this page.
If you order or use any Boxpilot services or
visit our Website, you accept these Terms of Use and Privacy Policies
so please read them carefully. In addition, when you use any current
or future Boxpilot services whether or not included in our Website,
you will also be subject to our current Terms of Use or Privacy
Policies.
 Trademarks
Boxpilot, Boxpilot Communications, and our graphics, logos, page
headers, button icons, scripts, and service names are trademarks
or trade dress of Boxpilot. Boxpilot trademarks and trade dress
may not be used in connection with any product or service that is
not provided or authorized in writing by Boxpilot, or in any manner
that is likely to cause confusion among customers, or in any manner
that disparages or discredits Boxpilot. All other trademarks not
owned by Boxpilot that appear on this site are the property of their
respective owners, who may or may not be affiliated with, connected
to, or sponsored by Boxpilot.
Purpose
of website
The purpose of this Web site is to provide easily accessible information
about Boxpilot and Boxpilot products and services. Boxpilot makes
no representations or warranties with respect to the contents or
use of this Web site. Boxpilot reserves the right to revise this
Web site and to make changes to its contents at any time, without
obligation to notify any person or entity of such revisions or changes.
Ownership
NAll rights that are not granted to you are reserved by Boxpilot.
The services, our technology, and any updates or improvements to
the services and our technology, are owned by Boxpilot and its licensors.
Boxpilot and our licensors own all copyrights, patents, trademarks,
trade secrets, and other intellectual property rights relating to
or residing in our services. You understand that our services and
technology contain valuable software and confidential information
and you agree that you will not modify, reverse engineer, decompile,
create other works from, or disassemble any of our software without
our prior written consent.
Publicity
and Press Release
We reserve the right to issue a press release announcing your use
of the Service. We reserve the right to use your name or logo on
our Site or in collateral marketing materials relating to the services.
Indemnification
You agree to indemnify, defend and hold harmless Boxpilot, its affiliates,
officers, directors, employees, consultants and agents from any
and all third party claims, liability, damages and/or costs (including,
but not limited to, attorneys fees) arising from your use of our
services, your violation of the Terms of Use or your infringement,
or infringement by any other user of your account, of any intellectual
property or other right of any person or entity. The Terms of Use
will inure to the benefit of Boxpilot's successors, assigns and
licensees.
Disclaimer
of warranties and limitation of liability
Unless we otherwise agree in writing, this site and the services
are provided on an "as is" and "as available" basis without warranty
of any kind. Boxpilot expressly disclaims all warranties, whether
express, implied, or statutory, regarding the services, including,
but not limited to, the implied warranties of title, merchantability,
fitness for a particular purpose, and non-infringement. Boxpilot
does not represent or warrant that the services will be error free,
secure, virus free, or without interruption. Neither of us will
be liable to the other for any consequential, incidental, indirect,
special, or exemplary damages of any kind, including without limitation
any loss of use, loss of business, or loss of profit or revenue,
arising out of or in connection with services provided by us (however
arising, including negligence), even if we are aware of the possibility
of such damages. Boxpilot total cumulative liability in connection
with the services rendered, whether in contract or tort or otherwise,
will not exceed any amounts actually realized by Boxpilot (less
any payments to you) during the twelve (12) month period immediately
preceding any such liability.
Communication
and Content
You are responsible for the content of the messages you communicate
when using our services as well as the consequences of those messages.
You agree that you will not use our services to engage in activities
that are illegal, obscene, threatening, defamatory, invade privacy,
infringe intellectual property rights, or otherwise injure third
parties or are objectionable. You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead us as to
your identity.
Liability
Boxpilot will not be held liable or responsible for any damages
whatsoever arising out of, flowing from, or connected to any communication
or correspondence of any kind (including but not limited to voicemail
messages, and live telephone conversations) in connection with conducting
service on behalf of the client.
Adherence
Though Boxpilot will, in best efforts, adhere to the service start
and end dates outlined in campaign confirmation documents, all such
statements are conditional, and Boxpilot cannot unconditionally
guarantee such adherence, and will not be held liable or responsible
for any damages whatsoever arising out of, flowing from, or connected
to non-adherence.
Information
Collection and Use
Boxpilot collects Individual Identifying Information when you register
for a Boxpilot account, or use certain Boxpilot products or services,
when you visit Boxpilot pages, and when you enter promotions or
sweepstakes. Boxpilot may also receive Individual Identifying Information
from our business partners. When you register with Boxpilot, we
ask for your name, email address, and other information. Once you
register with Boxpilot and sign in to our services, you are not
anonymous to us. Boxpilot also automatically receives and records
information on our server logs from your browser including your
IP address, and the page you requested. Boxpilot uses information
for three general purposes: to customize the advertising and content
you see, to fulfill your requests for certain products and services,
and to contact you about specials and new products. Boxpilot routinely
time-stamps and logs events. This data is used for accounting/billing
purposes as well as for performance tuning and optimization of the
Boxpilot services.
Information
Sharing and Disclosure
Boxpilot will not sell or rent your Individual Identifying Information
to anyone. Boxpilot will send Individual Identifying Information
about you to other companies or people when: We have your consent
to share the information; We need to share your information to provide
the product or service you have requested; We need to send the information
to companies who work on behalf of Boxpilot to provide a product
or service to you. (Unless we tell you differently, these companies
do not have any right to use the Individual Identifying Information
we provide to them beyond what is necessary to assist us.); We respond
to subpoenas, court orders or legal process; or We find that your
actions on our Web sites violate the Boxpilot Terms of Service,
or any of our usage guidelines for specific products or services.
Cancellation
Boxpilot reserves the right to cancel relationships at any time
with any client and will not be held liable or responsible for any
damages whatsoever arising out of, flowing from, or connected to
a Boxpilot induced cancellation. We reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders
in our sole discretion. Violation of Terms of Use may result in
immediate deletion of your account. In order to ensure that we are
able to provide high quality services that are responsive to your
needs, you agree to allow our employees to access your account and
records on a case-by-case basis to investigate complaints. We will
not disclose the existence or occurrence of such an investigation
unless required by law.
Privacy
Boxpilot agrees to maintain all proprietary information belonging
to the client, including client's lists of phone, name, and information
obtained or corrected by Boxpilot throughout service implementation,
in the strictest of confidence, and agrees not to knowingly disseminate,
disclose, sell, rent or give such information to any third party
or persons not employed by Boxpilot. Boxpilot agrees to return all
proprietary information relating to the campaign to the Client upon
completion of the campaign.
Payment
Some elements of our service require advance payment. Some elements
of our service are billed monthly. You agree to pay invoices by
the due date. If you do not pay the entire invoice by the due date
we may apply a late payment charge of up to five percent (5.0%)
per month. At any time, we may require a deposit or other form of
advance payment prior to providing or continuing to provide Service
based on our evaluation of your credit. Unless we otherwise agree
in writing, we may adjust our fees at any time, but we will attempt
to provide you with some advanced notice. International rates can
change without notice. Any features or upgrades to our services
will be provided to you on terms and prices generally available
to the public or as otherwise agreed by us in writing.
Your
Account
You are responsible for maintaining the confidentiality of your
Client ID and Campaign ID's and for restricting access to such account
codes. You agree to accept responsibility and liability for all
activities that occur under your account codes whether lawful or
unlawful. You are also solely responsible for all uses of your account
codes, whether or not actually or expressly authorized by you.
Children
We do not sell products or services for children. If you are under
18, you may use our services only with involvement of a parent or
guardian.
Security
Though we make effort to maintain the security of your uploaded
or available for retrieval lists, we cannot make any representations
as to the security of client lists warehoused on our web servers,
either uploaded or for retrieval. We are not responsible for damages
resulting from unauthorized access to our web servers.
Restricted
Access
We reserve the right to refuse any persons or corporation access
to our service without warning or explanation. We are not liable
for any damages arising from, flowing out of, or related to such
restricted access.
Web
Server Access Logs
Boxpilot tracks your IP address, and time and date of each request
made to our servers. This information is used to help diagnose problems
with our server, to administer our Site, to quantify sources of
site traffic, and to improve marketing strategies.
Information
requests
Contact information that has been provided voluntarily is collected
by Boxpilot support, sales and marketing in order to understand
and respond to the needs of customers and prospective customers.
In responding to these needs, Boxpilot will contact the individual
using the information provided. Boxpilot does not sell or release
this information without your permission.
Links
This site contains links to other sites. Boxpilot is not responsible
for the privacy practices or content of these or other sites.
Applicable
Law
These Terms of Use will be governed by and construed in accordance
with the laws of the Ontario, Canada without giving effect to its
conflict of laws or your actual state or country of residence.
Modification
and Severability
We reserve the right to make changes to our site and policies at
any time. If any of these conditions are deemed invalid, void, or
for any reason unenforceable, that condition will be deemed severable
and will not affect the validity and enforceability of any remaining
condition.
Contact
Us
If you have any questions about this privacy statement, the practices
of this site, or your dealings with this web site, please contact:
Boxpilot
400-600 Bay Street
Toronto, ON M5G 1M6
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