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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
All 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. You
agree that the list(s) being used are opt-in lists created by you from your customers and/or from
people you have done business with. That business relationship can include customers from the past
or people who have inquired about your business. It can NOT be a purchased list, a list you traded
for or borrowed, a list you harvested off the Internet, or a list created any other way.
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, email 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. For additional details on our Privacy Policy go to
www.boxpilot.com/privacypolicy or email the privacy officer at privacypolicy@boxpilot.com.
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 Use, or any of our usage guidelines for specific products
or services. For additional details on our Privacy Policy go to www.boxpilot.com/privacypolicy or email
the privacy officer at privacypolicy@boxpilot.com.
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. For additional details on our Privacy
Policy go to www.boxpilot.com/privacypolicy or email the privacy officer at privacypolicy@boxpilot.com.
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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