Terms and Conditions
Terms and Conditions
Last Updated: May 1, 2023
These Terms and Conditions apply to your use of the ChainPatrol Inc. (“ChainPatrol”) website, located at www.chainpatrol.io (the “Website”), and the services offered by ChainPatrol (the “Services”) to our users and customers (the “End-User” or “you”). Supplemental terms and conditions or documents that may be posted on the Website or changes to the Services from time to time are hereby expressly incorporated herein by reference. We will alert you of any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. By using any of ChainPatrol’s Services, visiting the Website, or completing a sign-up or purchasing process on the Website, you are deemed to have read and agreed to the following terms and conditions:
About the Service
ChainPatrol is a Web3 Security company that helps protect your community and brand information from scammers. We use 24/7 monitoring to detect scammers targeting your community across Twitter, Discord, Telegram and Google Ads. ChainPatrol gets these scams blocked at the crypto-wallet level, preventing users from signing malicious transactions. We work with various crypto-wallet companies to create a blocklist that warns against suspicious or scam URLs. End-Users can create a manual report through ChainPatrol’s security dashboard when End-Users or their team detect an external scammer or when End-Users or their team have been hacked. The Services also enable End-Users to block their own domains in the case of a DNS attack, all of which is made available to organizations through organization-specific security portals. ChainPatrol provides our Services to End-Users in the Province of Ontario, throughout Canada, and internationally where permissible by local law. If you are accessing our Website or Services from a jurisdiction outside Canada, you hereby acknowledge and agree that your use of the Website or Services shall, to the greatest extent permitted by applicable law, remain at all times subject only to the laws of Ontario and Canada. To the extent applicable by law, we reserve the right to deny or terminate services to any End-User at our discretion.
ChainPatrol makes every effort to ensure materials on the Website are displayed accurately with the same colours and images across different computers and devices. However, ChainPatrol cannot guarantee that your computer or device will accurately or consistently display image colours and sizing.
User Accounts
You will require a dedicated member profile and account to access the Services (the “User Account”). In order to register for a User Account, End-Users must provide their first name, last name, email address, organization name, link to their website, and chosen password on our “Request Access” page.
Within an Account, you can:
Create a member profile for your organization;
View and interact with your dedicated security dashboard;
View reports of detected scamming attempts;
Review our scammer blocklist;
Verify your transactions for potential scams;
Block your domain to stop DNS attacks;
Report potential scams;
Access other functionalities developed and released by ChainPatrol from time to time.
Interacting with the Website
When using the Website and our Services, you acknowledge and agree that you will (1) provide true, accurate, current and complete information about yourself as prompted by the Website (“Registration Data”); (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (3) enter valid payment information. You must at all times provide accurate and truthful information regarding your identity when completing a purchase through the Website and may not complete a purchase for another individual without their explicit written permission. ChainPatrol reserves the right to suspend or cancel your access to the Services at its sole discretion at any time and for any reason upon notice to you.
When you register for an Account, you will be asked to choose a username and password for the Account or to sign up through a third-party provider. By registering for an Account, you are indicating that you agree to these Terms of Use. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. We will assume that any person using the Website with your username and password, either is you or is deemed to be authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another user of the Website if (a) you are not authorized to use either or (b) the use would violate the Terms of Use.
You are responsible for updating your account access passwords regularly. It is strongly recommended that passwords or login information or any other confidential information not be shared by email unless encrypted.
End-Users are responsible to ensure that all End-User generated content (“User Content”) complies with our Site Content Standards detailed herein. User Content will be stored using our secure cloud server for all active End-Users but may be deleted upon termination of the Services. User Content will never be shared or utilized by ChainPatrol other than as necessary for the provision of its Services. User Accounts may be accessed via third party web browser access at www.chainpatrol.io.
ChainPatrol also reserves the right to suspend or end the Services if you are found to be in breach of these Terms and Conditions, or for any other reason subject to these Terms and Conditions.
Fees
All service agreements must be entered directly between the End-User and ChainPatrol. Fees for User Account access are charged on a monthly subscription basis. Fees for User Accounts and our other Services are specified on our Website and are subject to change at any time in our sole discretion. Fees for all other Services are set individually with the client and specified in a client contract. Additional fees may apply for some Services. Fees may vary due to tax rates in various provinces across Canada, the United States and internationally. If you desire a quote for a custom product or service, please contact us at [email protected].
All prices are shown in Canadian Dollars (CAD) and are exclusive of applicable taxes.
ChainPatrol accepts no liability to complete any transaction which cannot be cleared by ChainPatrol’s payment processor, whether due to insufficient funds or otherwise. If such situation occurs, you will receive an error message and the transaction will be denied. Moreover, we may suspend your access to your Account and contact you to provide valid alternative credit card information. Such suspension shall not relieve you from your obligation to pay any fees owed to ChainPatrol.
All End-User payments must be paid immediately at the time of purchase or in accordance with your contract with ChainPatrol. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your approval for each recurring charge, until you notify us of your cancellation in writing.
Payments may be processed through a third-party payment processing service from time to time. End-Users shall make all payments in accordance with the fees, charges, and billing terms in effect at the time of purchase. ChainPatrol reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by email delivery to the End-User, subject to any agreed-upon terms in a signed contract with ChainPatrol.
You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
By providing credit card information through the Website and authorizing payments with the credit card, you represent, warrant, and covenant that: (a) you are legally authorized to provide such information; (b) you are legally authorized to make payments using the credit card(s); (c) if you are an employee or agent of an organization or person that owns the credit card, that you are authorized by the organization or person to use the credit card to make payments on the Website; and (d) such actions do not violate the terms and conditions applicable to your use of such credit card(s) or applicable law. When you authorize a payment using a credit card via the Website, End-User represents and warrants that there are sufficient funds or credit available to complete the payment using the designated credit card. To the extent that any amounts owed under these Terms of Use cannot be collected from your credit card(s), you are solely responsible for paying such amounts by other means.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.
Taxes
You take sole responsibility for the payment of any sales tax and any related penalties or interest to the relevant tax authority if you fail to pay the sales tax for the Services (the “Sales Tax”). You hereby indemnify ChainPatrol for any liability or expense we may incur in connection with such Sales Taxes. You may be required to provide ChainPatrol with evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that ChainPatrol is permitted to pass to its End-Users, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Cancellation and Refund Policy
ChainPatrol reserves the right to terminate any Services for any reason at any time, including the ending of services that are already underway, subject to the terms in a signed contract with ChainPatrol. If any payment processing request is rejected at any time for any reason, the Services shall be immediately terminated and you will be notified of the termination within ten (10) business days thereafter.
All purchases are non-refundable. You may cancel your User Account with ChainPatrol at any time, through the settings page within your User Account. In the event you cancel your account, you will be billed for all applicable fees up until the date of such cancellation. No refunds shall be offered where a Service is deemed to have been completed by ChainPatrol in its sole discretion, reasonably exercised.
If you are unsatisfied with our services, please email us at [EMAIL ADDRESS] and we will address your concerns in a prompt and timely manner.
Intellectual Property Rights and Ownership
Except as otherwise provided, subject to your compliance with these Terms and Conditions, and in consideration of your adherence to these terms and payment of any applicable Fees, ChainPatrol grants to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for individual, non-commercial purposes, except where explicitly provided otherwise, to (i) access the Website (ii) cause the Website to be displayed from a computer and/or mobile device and (iii) use the Website, including content downloaded from the Website, solely as permitted under these Terms and Conditions (iv) access to Services (the “License”). ChainPatrol and its affiliates and licensors reserve all rights not expressly granted to you in these Terms and Conditions. Your rights herein are only as described above for this limited License. The License granted under this Section may be terminated by ChainPatrol for any reason at ChainPatrol’s sole discretion.
You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, (collectively, the “Content”) are owned by ChainPatrol, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, service mark, patent, trade secret, and any other proprietary rights (the “Marks”). The Content and Marks are provided on the site “as is” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
You further understand and agree that upon accessing the Website or using the Services, you are being granted a perpetual, royalty-free, worldwide, non-exclusive right and license (the “Download License”), to freely display the audio, text, image, and video content contained in the Services, and to retain copies of such audio, text, and video content for your individual, non-commercial use. The Download License does not include ChainPatrol’s background intellectual property, which are retained by their respective creators outside of these Terms and Conditions. The Download License also does not grant you any right in the content, features, functionality, software, code, text, servers, databases, confidential information, displays, graphics, photographs, text, video, and audio, and the design, presentation, selection, and arrangement thereof, which comprise an resources and are exclusively and solely owned by ChainPatrol.
The “ChainPatrol” name, ChainPatrol logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of ChainPatrol or its affiliates or licensors. You must not use such marks without the prior written permission of ChainPatrol. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners.
Use of any of ChainPatrol’s intellectual property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action. You may only use the Website for your individual and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
(a) Your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
(b) a reasonable number of copies for personal use only may be printed, keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
End-Users are not permitted to modify copies of any materials from the Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by ChainPatrol. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.
MOBILE APPLICATION LICENSE
Use License. If you access the Website via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Website; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Website: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a Canadian government embargo, or that has been designated by the government of Canada as a “terrorist supporting” country and (ii) you are not listed on any Canadian government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.
Social Media. As part of the functionality of the Website, you may link your Account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Website; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Website. You can deactivate the connection between the Website and your Third-Party Account by contacting us using the contact feature on the Website or the contact information below. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture, if required, that become associated with your account.
Conditions of Use and Site Content Standards
Definitions:
For the purposes of this Section, the following definitions shall apply:
“Business/Service Interruption” means any delay or stoppage to the Services forced upon ChainPatrol by reasons which could not have been reasonably foreseen or prevented;
“Computer Security” means the programs and software ChainPatrol utilizes to protect its and its End-Users’ Data;
“Cyber Extortion” means any direct or indirect attempt to coerce ChainPatrol or its representatives through online or electronic means into any form of exchange to prevent a threatened action by the coercing party;
“Data” means any electronic information, text, image, video or other code provided to, or in the possession or control of, ChainPatrol.
“Force Majeure” includes, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, pandemics or epidemics, government-mandated lockdowns, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services;
“Information” includes Personally Identifiable Information, Data, and any other documentation which could be reasonably foreseen as having intrinsic or economic value to the End-User and/or ChainPatrol;
“Malicious Code” means any code in any part of a software system or script that is intended to cause undesired effects, security breaches or damage to a system.
“Personally Identifiable Information” means any information that alone or in combination with other information held by ChainPatrol can be used to specifically identify a End-User;
“Security Breach” means any compromise of ChainPatrol’s personal or corporate accounts, computers, or any other password-protected information, that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to protected data transmitted, stored or otherwise processed
ChainPatrol takes our End-Users’ security extremely seriously. While we endeavour to take every reasonable precaution to protect your information, certain events outside of our control, including but not limited to cyber extortion, hacking, business/service interruptions, and force majeure events, may result in the disclosure, damage, or destruction of such information and further subsequent damage. In such event, ChainPatrol shall not be held responsible or liable for any theft, damage, loss or unauthorized disclosure of personally identifiable information or third party information or business or tax records or any other information or records that are in the care, custody or control of ChainPatrol. Further, in such event, ChainPatrol shall not be held liable or responsible for any interruption to the Website or the Services that is a direct or indirect result of:
The plagiarising of any other End-User’s data;
The alteration, corruption, destruction, deletion, or damage to data stored on ChainPatrol’s computer systems;
Data loss, damage or inability to access data and/or intellectual property infringement that is caused by a security breach, unforeseen or reasonably unpreventable computer hardware, software or firmware failure, or satellite or internet failure;
The failure to prevent transmission of malicious code from ChainPatrol computer systems to computer or network systems belonging to an End-User or related third party;
The failure to prevent a loss or threat caused by cyber extortion.
ChainPatrol shall not be held responsible or liable for any damage or loss to an End-User’s data, intellectual property, or documentation which result from a force majeure event.
As a condition of your access and use of the Website or the Services, you agree that you may use the Website and the Services only for lawful purposes and in accordance with these Terms and Conditions. Without limiting the foregoing, you warrant and agree that, when using the Website or the Services, you shall not:
Violate any applicable federal, provincial, local, or international law or regulation or submit any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our privacy policy;
Upload or cause to be displayed on or through the Website any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;
Provide or contribute to any false, inaccurate or misleading information;
Impersonate or attempt to impersonate ChainPatrol, a ChainPatrol employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
Transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm ChainPatrol or users of the Website or expose them to liability;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Circumvent, disable, or otherwise interfere with security-related features of the Website or Services, including features that prevent or restrict the use of copying of any content or enforce limitations on the use of the Website and/or the Services contained therein;
Make improper use of our support services or submit false reports about abuse or misconduct;
Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website and/or Services;
Give the impression that content you created originated from or is endorsed by ChainPatrol or any other person or entity, if this is not the case;
Plagiarize any other End-User’s content or creations; or
Reproduce or use without authorization any copyrighted material.
Availability
Unless otherwise stated, the Services featured on this Website are available within North America and internationally, where permissible by law and subject to local rules and regulations. All advertising is intended solely for the Ontario, Canada market. The End-User is solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through the Website. Redistribution or republication of any part of the Website or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of ChainPatrol. ChainPatrol does not warrant that the Services or the Website will be uninterrupted, timely or error free, although it is provided on a best-efforts basis.
ChainPatrol endeavours to ensure that the video, audio, image, and text displayed on or available for download through the Website (the “Content”) is complete and current. However, ChainPatrol does not warrant as to the quality, accuracy or completeness of Content on our Website. Such information is provided “as is” without warranty or condition of any kind. This Website may include inaccuracies, typographical errors, errors or omissions. Such errors, inaccuracies, typographical errors or omissions may relate to price or to product description or availability. In no event shall ChainPatrol be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of Content available on the Website.
Force Majeure
ChainPatrol shall not be liable for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, pandemic, epidemic, government-mandated lockdown, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of the Services or of an agreement or contract entered into with ChainPatrol, which termination could have been reasonably foreseen. In such event, ChainPatrol shall forthwith inform the End-User and shall use all reasonable endeavours to comply with the terms and conditions of any agreement entered between the parties.
Third Party Services
The Website uses third-party products and services to provide its Services (“Third Party Services”). The Website uses a Third Party Service to process payments initiated by you, and to collect the Fees and other amounts owed by you to ChainPatrol. ChainPatrol may use data about your use of the Third Party Services and their transactions effected through the Third Party Services for the same purposes for which ChainPatrol is permitted to use other data collected by ChainPatrol in connection with the Website, as provided in these Terms of Use or the Privacy Policy.
You agree to indemnify and hold harmless ChainPatrol with respect to any suits or claims by Third Party Services (and any related costs, including legal fees) arising directly or indirectly out of any activity associated with your use of the Website , whether initiated by you or not (including all transactions, disputes, refunds, reversals, claims, fines associated with such activity, and use of the services in a manner prohibited under these Terms of Use or any agreement with any Third Party Service), and without limitation including (a) any failure by you to pay any amount owing by you to a Third Party Service in any way related to an account associated with you on a Third Party Service’s system, or (b) any claim made against ChainPatrol by a Third Party Service as a result of any inaccurate or incomplete information provided by you to such Third Party Service (or provided by you to ChainPatrol, and which ChainPatrol provided to the Third Party Service). If ChainPatrol makes any payment to a Third Party Service in relation to any such claim, then, without limiting any other remedies available to ChainPatrol, you authorize ChainPatrol to use any authorized payment method to collect a corresponding amount from you.
From time to time, ChainPatrol may change the Third Party Service providers it uses to support ChainPatrol’s Services, or ChainPatrol may offer the option of using other Third Party Services to support ChainPatrol’s Services, or ChainPatrol may elect itself to perform some or all of the services that were previously provided by a Third Party Service. If ChainPatrol does so, then, in order to continue to use ChainPatrol’s Services, you may be required to agree to additional terms imposed by ChainPatrol or such other Third Party Service. If you do not wish to accept those terms, then you must cease using the corresponding ChainPatrol Services.
All payment is exclusive of any taxes or duties imposed by applicable tax laws in your tax jurisdictions, and ChainPatrol will not be responsible for any taxes or duties owed by you.
This Agreement shall apply to you commencing from the time that you first registers to use the Website (the “Effective Date”) and, subject to the clauses that survive this agreement, until the termination of the Agreement at the conclusion of a one-month period (the “Initial Term”). The Agreement will renew automatically on a month-to-month basis thereafter (each a “Renewal Term”) until such time as it is terminated in accordance with the termination provisions of this Terms of Use.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
If you believe that any material available on or through the Website infringes upon any copyright you own or control, please immediately notify us at [email protected] (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by the Notification, a representative list of such works on the App; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Website as a result of a mistake or misidentification, you may submit a written counter notification to ChainPatrol using the contact information provided below (a “Counter Notification”). Your Counter Notification must include the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Province of Ontario; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
Disclaimer of Warranties
The Website is provided “As-Is” and no refunds will be provided for early termination, subject to the terms herein. All materials, reports, documents, and any other information in any form or of any kind whatsoever provided through the Website (the “Website Information”) is provided “As-Is” and without any warranty of any kind. Any and all use of the Website Information is at your sole and exclusive risk. ChainPatrol cannot and does not guarantee the accuracy or timeliness of any Website Information. You are solely and exclusively responsible for your use of the Website Information.
You understand and agree that your use of the Services, the Website and its content, the resources, and the Services provided by ChainPatrol is at your own risk. The Website, its content, and any Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Neither ChainPatrol nor any affiliates nor their respective directors, officers, employees, agents or service providers makes any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Website or its contents. Without limiting the foregoing, neither ChainPatrol nor any affiliates nor their respective directors, officers, employees, agents or service providers represents or warrants that the Website, its content, or any services found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services, the Website, or your downloading of any material posted on the Website, or on any website linked to it.
Limitation on Liability – Use of Website
CHAINPATROL IS NOT A PARTY TO ANY AGREEMENT OR TRANSACTION THAT MAY BE FORMED BETWEEN YOU AND ANOTHER END-USER OR A THIRD PARTY SERVICE, WHETHER OR NOT FORMED THROUGH THE WEBSITE. END-USER AGREES AND CONFIRMS THAT CHAINPATROL HAS NO RESPONSIBILITY NOR LIABILITY FOR THE ACTS OR OMISSIONS OF ANY END-USER. CHAINPATROL WILL NOT ASSESS, GUARANTEE, NOR VERIFY THE SUITABILITY, LEGALITY OR CONTENTS OF ANY AGREEMENT OR TRANSACTION ARRANGED THROUGH THE WEBSITE.
END-USER UNDERSTANDS AND AGREES THAT CHAINPATROL DOES NOT ITSELF PUBLISH ANY OFFERS NOR PROVIDE ANY SERVICES OTHER THAN PROVIDING THE WEBSITE, A TECHNOLOGY PLATFORM, TO CONNECT END-USERS TO EACH OTHER. CHAINPATROL DOES NOT BUY NOR SELL ANY SERVICES THROUGH THE WEBSITE; CHAINPATROL IS NOT THE RETAILER OF ANY SERVICES THROUGH THE WEBSITE, INCLUDING ANY WEBSITE OFFERING, OFFERED BY AN END-USER. CHAINPATROL IS NOT LIABLE, NOR RESPONSIBLE, AND NOR DOES IT GUARANTEE ANY OBLIGATION OF AN END-USER, INCLUDING BUT NOT LIMITED TO, THE PROVISION OF SERVICES RELATED TO A COMPLETED TRANSACTION ON THE WEBSITE.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CHAINPATROL DOES NOT MAKE ANY WARRANTY REGARDING THE AVAILABILITY, PRICING, ACCURACY, QUALITY OR TIMELY PROVISION OF THE WEBSITE.
ANY DISPUTES BETWEEN END-USERS RELATING DIRECTLY OR INDIRECTLY TO THE WEBSITE MUST BE RESOLVED ENTIRELY BETWEEN THE END-USERS, AND SUCH END-USERS HEREBY FULLY RELEASE CHAINPATROL AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS AND LICENSORS (“AFFILIATES”) FROM ANY PRESENT OR FUTURE CLAIMS REGARDING ANY SUCH DISPUTES.
CHAINPATROL AND ITS AFFILIATES ARE NOT RESPONSIBLE NOR LIABLE FOR ANY RESULTS OF USING THE WEBSITE OR ANY AGREEMENT BETWEEN END-USERS. USE OF THE WEBSITE IS AT THE END-USER’S OWN RISK. CHAINPATROL DOES NOT VERIFY END-USERS’ COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS.
Website Users. The End-User is solely responsible for ensuring that their use of the Website meets all legal and regulatory requirements, including any language translation requirements, for all countries in which they operate.
Agreements through the Website.It is the sole responsibility of the End-User, as the case may be, to ensure the fulfilment of the terms of each agreement reached with another End-User through the Website, and it is acknowledged and understood that such agreements by the End-Users are at their own risk. ChainPatrol and its Affiliates are not responsible nor liable for any failure of an End-User to fulfill its obligations in compliance with the terms set out in any agreement between End-Users. ChainPatrol and its Affiliates have no responsibility or liability for any act, omission or breach by an End-User.
Unauthorized Charges. If there are any unauthorized charges on an End-User’s credit card relating to the Website, then the End-User must advise ChainPatrol at [email protected]. In such case, you shall have no remedy against ChainPatrol and its Affiliates other than to receive a full reimbursement, unless such charge was due to an intentionally wrongful act of ChainPatrol and its Affiliates.
Website Offering Subject to Approval. ChainPatrol may remove any features from the Website at its discretion. Any and all features shall be subject to ChainPatrol’s approval to be made available on the Website.
Website Data. ChainPatrol shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Website and Website Offerings and related systems and technologies (the “Website Data”) provided that such the Website Data may not include any End-User data other than to provide an Algorithm Update to the End-User, in which case such End-User data shall not be shared externally and shall be included solely in aggregate, anonymous, and de-identified form that is in no way identifiable with End-User, End-User’s business, or any personal information related to the End-User data, for the purpose of improving ChainPatrol’s services (the “Algorithm Update"), and ChainPatrol will be free (during and after the term of this Agreement) to use such information and data to improve and enhance ChainPatrol services, Website and for other development, diagnostic and corrective purposes in connection with the services and other ChainPatrol offerings.
Limitation on Liability – User Privacy
CHAINPATROL TAKES USER SECURITY AND PRIVACY VERY SERIOUSLY. WE UTILIZE A NUMBER OF PRECAUTIONS INCLUDING REMOTE MONITORING SOFTWARE, EXTERNAL BACKUPS, AND COMPUTER FIREWALLS. HOWEVER, CHAINPATROL CANNOT AND SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGE OR INJURY CAUSED DIRECTLY OR INDIRECTLY BY A DATA BREACH OR ANY OTHER LOSS OF USER DATA WHICH WAS OUTSIDE OUR CONTROL. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL USER DATA, WHETHER IN ELECTRONIC OR PHYSICAL FORM, AND REGARDLESS OF WHETHER SUCH DATA WAS PRODUCED BY CHAINPATROL OR PROVIDED BY THE USER.
Limitation on Liability – Website & Services
Subject to applicable law, under no circumstance will ChainPatrol, its affiliates and their respective directors, officers, employees, agents, or service providers be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with (1) your experience while using the Services, (2) your interactions with the Website and Services, (3) your use or misuse of information provided to you by ChainPatrol, (4) your level of engagement with a particular resource or Service (5) any interruptions to the Services or the Website, (6) your use, inability to use, or reliance on the Website, any linked websites or such other third party websites, (7) your use of any Website content, materials, postings, or information thereon, or (8) the violation of these Terms and Conditions by you or a third party.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OTHER THAN IN THE EVENT OF A FINDING OF GROSS NEGLIGENCE BY AN ONTARIO COURT, CHAINPATROL’S TOTAL LIABILITY TO YOU SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF ALL MONIES PAID BY YOU TO CHAINPATROL.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ChainPatrol, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions, your interactions with the Services, or your use of the Website, including, but not limited to, your use of third party sites or any other use of Website content, services, and products other than as expressly authorized in these Terms and Conditions.
Governing Law and Jurisdiction
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No Assignment
This Terms and Conditions is not to be assignable except as may be contemplated hereunder but will enure to the benefit of and be binding upon each of the parties and their respective successors and permitted assigns.
Injunctive Relief
Notwithstanding any other provisions of this Terms and Conditions, you acknowledge and agree that ChainPatrol may obtain an injunction or other appropriate relief against you if you contravene or fail to comply with any provision of this Terms and Conditions in any way and you further agree that the provisions of this paragraph may be pleaded against you by way of estoppel or defence to a claim by you that an injunction or other appropriate relief should not be granted.
Amendment to Terms
These Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of ChainPatrol.
Independent Legal Advice
By using ChainPatrol website, purchasing any Services through ChainPatrol, or using ChainPatrol’s services you acknowledge and agree that you (i) have had sufficient time to review and consider this Terms and Conditions thoroughly; (ii) has read and understands the terms, the nature and the consequences of this Terms and Conditions and the obligations hereunder; (iii) have been given an opportunity to obtain independent legal advice concerning the interpretation and effect of this Terms and Conditions.
No Waiver for Non-Enforcement
No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No single or partial exercise of any right, remedy, power or privilege here under precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Failure of ChainPatrol to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
Severability
If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and ChainPatrol regarding the Website and your use thereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Communications
ChainPatrol reserves the right to contact you from time to time for feedback regarding our products and Services. We will also contact any End-User who files a complaint with ChainPatrol regarding a representative of ChainPatrol or the Services overall. Notices to End-Users will be deemed effective at the time they are sent by ChainPatrol or as of the date they are posted on the Website.
Maintenance and Support
ChainPatrol is solely responsible for providing any maintenance and support services with respect to the Website when required from time to time or as required under applicable law. If you notice a problem or error on the Website, you can report it to [email protected].
ChainPatrol Name and Address
ChainPatrol’s contact information for any end-user questions, complaints or claims with respect to our Services is [email protected].
Arbitration
In the event of any dispute relating to or arising out of your use of these Terms and Conditions, such dispute shall be settled and determined by a single arbitrator in accordance with the Arbitration Act of Ontario. If you and ChainPatrol are unable to agree on an arbitrator within fifteen (15) days after ChainPatrol is made aware of the dispute, then the parties shall submit the matter to the ADR Institute of Ontario (or is successor), which shall choose the arbitrator. The decision of the arbitrator shall be final and binding without appeal on questions for law or fact or for any reason whatsoever. Costs of the arbitration shall be shared equally between you and ChainPatrol. In the event arbitration is not allowed by law, any other action must be brought only in the courts of Ontario, Canada.
Last Updated: May 1, 2023
These Terms and Conditions apply to your use of the ChainPatrol Inc. (“ChainPatrol”) website, located at www.chainpatrol.io (the “Website”), and the services offered by ChainPatrol (the “Services”) to our users and customers (the “End-User” or “you”). Supplemental terms and conditions or documents that may be posted on the Website or changes to the Services from time to time are hereby expressly incorporated herein by reference. We will alert you of any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. By using any of ChainPatrol’s Services, visiting the Website, or completing a sign-up or purchasing process on the Website, you are deemed to have read and agreed to the following terms and conditions:
About the Service
ChainPatrol is a Web3 Security company that helps protect your community and brand information from scammers. We use 24/7 monitoring to detect scammers targeting your community across Twitter, Discord, Telegram and Google Ads. ChainPatrol gets these scams blocked at the crypto-wallet level, preventing users from signing malicious transactions. We work with various crypto-wallet companies to create a blocklist that warns against suspicious or scam URLs. End-Users can create a manual report through ChainPatrol’s security dashboard when End-Users or their team detect an external scammer or when End-Users or their team have been hacked. The Services also enable End-Users to block their own domains in the case of a DNS attack, all of which is made available to organizations through organization-specific security portals. ChainPatrol provides our Services to End-Users in the Province of Ontario, throughout Canada, and internationally where permissible by local law. If you are accessing our Website or Services from a jurisdiction outside Canada, you hereby acknowledge and agree that your use of the Website or Services shall, to the greatest extent permitted by applicable law, remain at all times subject only to the laws of Ontario and Canada. To the extent applicable by law, we reserve the right to deny or terminate services to any End-User at our discretion.
ChainPatrol makes every effort to ensure materials on the Website are displayed accurately with the same colours and images across different computers and devices. However, ChainPatrol cannot guarantee that your computer or device will accurately or consistently display image colours and sizing.
User Accounts
You will require a dedicated member profile and account to access the Services (the “User Account”). In order to register for a User Account, End-Users must provide their first name, last name, email address, organization name, link to their website, and chosen password on our “Request Access” page.
Within an Account, you can:
Create a member profile for your organization;
View and interact with your dedicated security dashboard;
View reports of detected scamming attempts;
Review our scammer blocklist;
Verify your transactions for potential scams;
Block your domain to stop DNS attacks;
Report potential scams;
Access other functionalities developed and released by ChainPatrol from time to time.
Interacting with the Website
When using the Website and our Services, you acknowledge and agree that you will (1) provide true, accurate, current and complete information about yourself as prompted by the Website (“Registration Data”); (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (3) enter valid payment information. You must at all times provide accurate and truthful information regarding your identity when completing a purchase through the Website and may not complete a purchase for another individual without their explicit written permission. ChainPatrol reserves the right to suspend or cancel your access to the Services at its sole discretion at any time and for any reason upon notice to you.
When you register for an Account, you will be asked to choose a username and password for the Account or to sign up through a third-party provider. By registering for an Account, you are indicating that you agree to these Terms of Use. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. We will assume that any person using the Website with your username and password, either is you or is deemed to be authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another user of the Website if (a) you are not authorized to use either or (b) the use would violate the Terms of Use.
You are responsible for updating your account access passwords regularly. It is strongly recommended that passwords or login information or any other confidential information not be shared by email unless encrypted.
End-Users are responsible to ensure that all End-User generated content (“User Content”) complies with our Site Content Standards detailed herein. User Content will be stored using our secure cloud server for all active End-Users but may be deleted upon termination of the Services. User Content will never be shared or utilized by ChainPatrol other than as necessary for the provision of its Services. User Accounts may be accessed via third party web browser access at www.chainpatrol.io.
ChainPatrol also reserves the right to suspend or end the Services if you are found to be in breach of these Terms and Conditions, or for any other reason subject to these Terms and Conditions.
Fees
All service agreements must be entered directly between the End-User and ChainPatrol. Fees for User Account access are charged on a monthly subscription basis. Fees for User Accounts and our other Services are specified on our Website and are subject to change at any time in our sole discretion. Fees for all other Services are set individually with the client and specified in a client contract. Additional fees may apply for some Services. Fees may vary due to tax rates in various provinces across Canada, the United States and internationally. If you desire a quote for a custom product or service, please contact us at [email protected].
All prices are shown in Canadian Dollars (CAD) and are exclusive of applicable taxes.
ChainPatrol accepts no liability to complete any transaction which cannot be cleared by ChainPatrol’s payment processor, whether due to insufficient funds or otherwise. If such situation occurs, you will receive an error message and the transaction will be denied. Moreover, we may suspend your access to your Account and contact you to provide valid alternative credit card information. Such suspension shall not relieve you from your obligation to pay any fees owed to ChainPatrol.
All End-User payments must be paid immediately at the time of purchase or in accordance with your contract with ChainPatrol. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your approval for each recurring charge, until you notify us of your cancellation in writing.
Payments may be processed through a third-party payment processing service from time to time. End-Users shall make all payments in accordance with the fees, charges, and billing terms in effect at the time of purchase. ChainPatrol reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by email delivery to the End-User, subject to any agreed-upon terms in a signed contract with ChainPatrol.
You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
By providing credit card information through the Website and authorizing payments with the credit card, you represent, warrant, and covenant that: (a) you are legally authorized to provide such information; (b) you are legally authorized to make payments using the credit card(s); (c) if you are an employee or agent of an organization or person that owns the credit card, that you are authorized by the organization or person to use the credit card to make payments on the Website; and (d) such actions do not violate the terms and conditions applicable to your use of such credit card(s) or applicable law. When you authorize a payment using a credit card via the Website, End-User represents and warrants that there are sufficient funds or credit available to complete the payment using the designated credit card. To the extent that any amounts owed under these Terms of Use cannot be collected from your credit card(s), you are solely responsible for paying such amounts by other means.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.
Taxes
You take sole responsibility for the payment of any sales tax and any related penalties or interest to the relevant tax authority if you fail to pay the sales tax for the Services (the “Sales Tax”). You hereby indemnify ChainPatrol for any liability or expense we may incur in connection with such Sales Taxes. You may be required to provide ChainPatrol with evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that ChainPatrol is permitted to pass to its End-Users, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Cancellation and Refund Policy
ChainPatrol reserves the right to terminate any Services for any reason at any time, including the ending of services that are already underway, subject to the terms in a signed contract with ChainPatrol. If any payment processing request is rejected at any time for any reason, the Services shall be immediately terminated and you will be notified of the termination within ten (10) business days thereafter.
All purchases are non-refundable. You may cancel your User Account with ChainPatrol at any time, through the settings page within your User Account. In the event you cancel your account, you will be billed for all applicable fees up until the date of such cancellation. No refunds shall be offered where a Service is deemed to have been completed by ChainPatrol in its sole discretion, reasonably exercised.
If you are unsatisfied with our services, please email us at [EMAIL ADDRESS] and we will address your concerns in a prompt and timely manner.
Intellectual Property Rights and Ownership
Except as otherwise provided, subject to your compliance with these Terms and Conditions, and in consideration of your adherence to these terms and payment of any applicable Fees, ChainPatrol grants to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for individual, non-commercial purposes, except where explicitly provided otherwise, to (i) access the Website (ii) cause the Website to be displayed from a computer and/or mobile device and (iii) use the Website, including content downloaded from the Website, solely as permitted under these Terms and Conditions (iv) access to Services (the “License”). ChainPatrol and its affiliates and licensors reserve all rights not expressly granted to you in these Terms and Conditions. Your rights herein are only as described above for this limited License. The License granted under this Section may be terminated by ChainPatrol for any reason at ChainPatrol’s sole discretion.
You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, (collectively, the “Content”) are owned by ChainPatrol, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, service mark, patent, trade secret, and any other proprietary rights (the “Marks”). The Content and Marks are provided on the site “as is” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
You further understand and agree that upon accessing the Website or using the Services, you are being granted a perpetual, royalty-free, worldwide, non-exclusive right and license (the “Download License”), to freely display the audio, text, image, and video content contained in the Services, and to retain copies of such audio, text, and video content for your individual, non-commercial use. The Download License does not include ChainPatrol’s background intellectual property, which are retained by their respective creators outside of these Terms and Conditions. The Download License also does not grant you any right in the content, features, functionality, software, code, text, servers, databases, confidential information, displays, graphics, photographs, text, video, and audio, and the design, presentation, selection, and arrangement thereof, which comprise an resources and are exclusively and solely owned by ChainPatrol.
The “ChainPatrol” name, ChainPatrol logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of ChainPatrol or its affiliates or licensors. You must not use such marks without the prior written permission of ChainPatrol. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners.
Use of any of ChainPatrol’s intellectual property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action. You may only use the Website for your individual and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
(a) Your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
(b) a reasonable number of copies for personal use only may be printed, keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
End-Users are not permitted to modify copies of any materials from the Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by ChainPatrol. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.
MOBILE APPLICATION LICENSE
Use License. If you access the Website via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Website; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Website: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a Canadian government embargo, or that has been designated by the government of Canada as a “terrorist supporting” country and (ii) you are not listed on any Canadian government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.
Social Media. As part of the functionality of the Website, you may link your Account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Website; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Website. You can deactivate the connection between the Website and your Third-Party Account by contacting us using the contact feature on the Website or the contact information below. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture, if required, that become associated with your account.
Conditions of Use and Site Content Standards
Definitions:
For the purposes of this Section, the following definitions shall apply:
“Business/Service Interruption” means any delay or stoppage to the Services forced upon ChainPatrol by reasons which could not have been reasonably foreseen or prevented;
“Computer Security” means the programs and software ChainPatrol utilizes to protect its and its End-Users’ Data;
“Cyber Extortion” means any direct or indirect attempt to coerce ChainPatrol or its representatives through online or electronic means into any form of exchange to prevent a threatened action by the coercing party;
“Data” means any electronic information, text, image, video or other code provided to, or in the possession or control of, ChainPatrol.
“Force Majeure” includes, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, pandemics or epidemics, government-mandated lockdowns, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services;
“Information” includes Personally Identifiable Information, Data, and any other documentation which could be reasonably foreseen as having intrinsic or economic value to the End-User and/or ChainPatrol;
“Malicious Code” means any code in any part of a software system or script that is intended to cause undesired effects, security breaches or damage to a system.
“Personally Identifiable Information” means any information that alone or in combination with other information held by ChainPatrol can be used to specifically identify a End-User;
“Security Breach” means any compromise of ChainPatrol’s personal or corporate accounts, computers, or any other password-protected information, that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to protected data transmitted, stored or otherwise processed
ChainPatrol takes our End-Users’ security extremely seriously. While we endeavour to take every reasonable precaution to protect your information, certain events outside of our control, including but not limited to cyber extortion, hacking, business/service interruptions, and force majeure events, may result in the disclosure, damage, or destruction of such information and further subsequent damage. In such event, ChainPatrol shall not be held responsible or liable for any theft, damage, loss or unauthorized disclosure of personally identifiable information or third party information or business or tax records or any other information or records that are in the care, custody or control of ChainPatrol. Further, in such event, ChainPatrol shall not be held liable or responsible for any interruption to the Website or the Services that is a direct or indirect result of:
The plagiarising of any other End-User’s data;
The alteration, corruption, destruction, deletion, or damage to data stored on ChainPatrol’s computer systems;
Data loss, damage or inability to access data and/or intellectual property infringement that is caused by a security breach, unforeseen or reasonably unpreventable computer hardware, software or firmware failure, or satellite or internet failure;
The failure to prevent transmission of malicious code from ChainPatrol computer systems to computer or network systems belonging to an End-User or related third party;
The failure to prevent a loss or threat caused by cyber extortion.
ChainPatrol shall not be held responsible or liable for any damage or loss to an End-User’s data, intellectual property, or documentation which result from a force majeure event.
As a condition of your access and use of the Website or the Services, you agree that you may use the Website and the Services only for lawful purposes and in accordance with these Terms and Conditions. Without limiting the foregoing, you warrant and agree that, when using the Website or the Services, you shall not:
Violate any applicable federal, provincial, local, or international law or regulation or submit any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our privacy policy;
Upload or cause to be displayed on or through the Website any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;
Provide or contribute to any false, inaccurate or misleading information;
Impersonate or attempt to impersonate ChainPatrol, a ChainPatrol employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
Transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm ChainPatrol or users of the Website or expose them to liability;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Circumvent, disable, or otherwise interfere with security-related features of the Website or Services, including features that prevent or restrict the use of copying of any content or enforce limitations on the use of the Website and/or the Services contained therein;
Make improper use of our support services or submit false reports about abuse or misconduct;
Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website and/or Services;
Give the impression that content you created originated from or is endorsed by ChainPatrol or any other person or entity, if this is not the case;
Plagiarize any other End-User’s content or creations; or
Reproduce or use without authorization any copyrighted material.
Availability
Unless otherwise stated, the Services featured on this Website are available within North America and internationally, where permissible by law and subject to local rules and regulations. All advertising is intended solely for the Ontario, Canada market. The End-User is solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through the Website. Redistribution or republication of any part of the Website or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of ChainPatrol. ChainPatrol does not warrant that the Services or the Website will be uninterrupted, timely or error free, although it is provided on a best-efforts basis.
ChainPatrol endeavours to ensure that the video, audio, image, and text displayed on or available for download through the Website (the “Content”) is complete and current. However, ChainPatrol does not warrant as to the quality, accuracy or completeness of Content on our Website. Such information is provided “as is” without warranty or condition of any kind. This Website may include inaccuracies, typographical errors, errors or omissions. Such errors, inaccuracies, typographical errors or omissions may relate to price or to product description or availability. In no event shall ChainPatrol be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of Content available on the Website.
Force Majeure
ChainPatrol shall not be liable for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, pandemic, epidemic, government-mandated lockdown, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of the Services or of an agreement or contract entered into with ChainPatrol, which termination could have been reasonably foreseen. In such event, ChainPatrol shall forthwith inform the End-User and shall use all reasonable endeavours to comply with the terms and conditions of any agreement entered between the parties.
Third Party Services
The Website uses third-party products and services to provide its Services (“Third Party Services”). The Website uses a Third Party Service to process payments initiated by you, and to collect the Fees and other amounts owed by you to ChainPatrol. ChainPatrol may use data about your use of the Third Party Services and their transactions effected through the Third Party Services for the same purposes for which ChainPatrol is permitted to use other data collected by ChainPatrol in connection with the Website, as provided in these Terms of Use or the Privacy Policy.
You agree to indemnify and hold harmless ChainPatrol with respect to any suits or claims by Third Party Services (and any related costs, including legal fees) arising directly or indirectly out of any activity associated with your use of the Website , whether initiated by you or not (including all transactions, disputes, refunds, reversals, claims, fines associated with such activity, and use of the services in a manner prohibited under these Terms of Use or any agreement with any Third Party Service), and without limitation including (a) any failure by you to pay any amount owing by you to a Third Party Service in any way related to an account associated with you on a Third Party Service’s system, or (b) any claim made against ChainPatrol by a Third Party Service as a result of any inaccurate or incomplete information provided by you to such Third Party Service (or provided by you to ChainPatrol, and which ChainPatrol provided to the Third Party Service). If ChainPatrol makes any payment to a Third Party Service in relation to any such claim, then, without limiting any other remedies available to ChainPatrol, you authorize ChainPatrol to use any authorized payment method to collect a corresponding amount from you.
From time to time, ChainPatrol may change the Third Party Service providers it uses to support ChainPatrol’s Services, or ChainPatrol may offer the option of using other Third Party Services to support ChainPatrol’s Services, or ChainPatrol may elect itself to perform some or all of the services that were previously provided by a Third Party Service. If ChainPatrol does so, then, in order to continue to use ChainPatrol’s Services, you may be required to agree to additional terms imposed by ChainPatrol or such other Third Party Service. If you do not wish to accept those terms, then you must cease using the corresponding ChainPatrol Services.
All payment is exclusive of any taxes or duties imposed by applicable tax laws in your tax jurisdictions, and ChainPatrol will not be responsible for any taxes or duties owed by you.
This Agreement shall apply to you commencing from the time that you first registers to use the Website (the “Effective Date”) and, subject to the clauses that survive this agreement, until the termination of the Agreement at the conclusion of a one-month period (the “Initial Term”). The Agreement will renew automatically on a month-to-month basis thereafter (each a “Renewal Term”) until such time as it is terminated in accordance with the termination provisions of this Terms of Use.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
If you believe that any material available on or through the Website infringes upon any copyright you own or control, please immediately notify us at [email protected] (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by the Notification, a representative list of such works on the App; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Website as a result of a mistake or misidentification, you may submit a written counter notification to ChainPatrol using the contact information provided below (a “Counter Notification”). Your Counter Notification must include the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Province of Ontario; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
Disclaimer of Warranties
The Website is provided “As-Is” and no refunds will be provided for early termination, subject to the terms herein. All materials, reports, documents, and any other information in any form or of any kind whatsoever provided through the Website (the “Website Information”) is provided “As-Is” and without any warranty of any kind. Any and all use of the Website Information is at your sole and exclusive risk. ChainPatrol cannot and does not guarantee the accuracy or timeliness of any Website Information. You are solely and exclusively responsible for your use of the Website Information.
You understand and agree that your use of the Services, the Website and its content, the resources, and the Services provided by ChainPatrol is at your own risk. The Website, its content, and any Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Neither ChainPatrol nor any affiliates nor their respective directors, officers, employees, agents or service providers makes any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Website or its contents. Without limiting the foregoing, neither ChainPatrol nor any affiliates nor their respective directors, officers, employees, agents or service providers represents or warrants that the Website, its content, or any services found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services, the Website, or your downloading of any material posted on the Website, or on any website linked to it.
Limitation on Liability – Use of Website
CHAINPATROL IS NOT A PARTY TO ANY AGREEMENT OR TRANSACTION THAT MAY BE FORMED BETWEEN YOU AND ANOTHER END-USER OR A THIRD PARTY SERVICE, WHETHER OR NOT FORMED THROUGH THE WEBSITE. END-USER AGREES AND CONFIRMS THAT CHAINPATROL HAS NO RESPONSIBILITY NOR LIABILITY FOR THE ACTS OR OMISSIONS OF ANY END-USER. CHAINPATROL WILL NOT ASSESS, GUARANTEE, NOR VERIFY THE SUITABILITY, LEGALITY OR CONTENTS OF ANY AGREEMENT OR TRANSACTION ARRANGED THROUGH THE WEBSITE.
END-USER UNDERSTANDS AND AGREES THAT CHAINPATROL DOES NOT ITSELF PUBLISH ANY OFFERS NOR PROVIDE ANY SERVICES OTHER THAN PROVIDING THE WEBSITE, A TECHNOLOGY PLATFORM, TO CONNECT END-USERS TO EACH OTHER. CHAINPATROL DOES NOT BUY NOR SELL ANY SERVICES THROUGH THE WEBSITE; CHAINPATROL IS NOT THE RETAILER OF ANY SERVICES THROUGH THE WEBSITE, INCLUDING ANY WEBSITE OFFERING, OFFERED BY AN END-USER. CHAINPATROL IS NOT LIABLE, NOR RESPONSIBLE, AND NOR DOES IT GUARANTEE ANY OBLIGATION OF AN END-USER, INCLUDING BUT NOT LIMITED TO, THE PROVISION OF SERVICES RELATED TO A COMPLETED TRANSACTION ON THE WEBSITE.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CHAINPATROL DOES NOT MAKE ANY WARRANTY REGARDING THE AVAILABILITY, PRICING, ACCURACY, QUALITY OR TIMELY PROVISION OF THE WEBSITE.
ANY DISPUTES BETWEEN END-USERS RELATING DIRECTLY OR INDIRECTLY TO THE WEBSITE MUST BE RESOLVED ENTIRELY BETWEEN THE END-USERS, AND SUCH END-USERS HEREBY FULLY RELEASE CHAINPATROL AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS AND LICENSORS (“AFFILIATES”) FROM ANY PRESENT OR FUTURE CLAIMS REGARDING ANY SUCH DISPUTES.
CHAINPATROL AND ITS AFFILIATES ARE NOT RESPONSIBLE NOR LIABLE FOR ANY RESULTS OF USING THE WEBSITE OR ANY AGREEMENT BETWEEN END-USERS. USE OF THE WEBSITE IS AT THE END-USER’S OWN RISK. CHAINPATROL DOES NOT VERIFY END-USERS’ COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS.
Website Users. The End-User is solely responsible for ensuring that their use of the Website meets all legal and regulatory requirements, including any language translation requirements, for all countries in which they operate.
Agreements through the Website.It is the sole responsibility of the End-User, as the case may be, to ensure the fulfilment of the terms of each agreement reached with another End-User through the Website, and it is acknowledged and understood that such agreements by the End-Users are at their own risk. ChainPatrol and its Affiliates are not responsible nor liable for any failure of an End-User to fulfill its obligations in compliance with the terms set out in any agreement between End-Users. ChainPatrol and its Affiliates have no responsibility or liability for any act, omission or breach by an End-User.
Unauthorized Charges. If there are any unauthorized charges on an End-User’s credit card relating to the Website, then the End-User must advise ChainPatrol at [email protected]. In such case, you shall have no remedy against ChainPatrol and its Affiliates other than to receive a full reimbursement, unless such charge was due to an intentionally wrongful act of ChainPatrol and its Affiliates.
Website Offering Subject to Approval. ChainPatrol may remove any features from the Website at its discretion. Any and all features shall be subject to ChainPatrol’s approval to be made available on the Website.
Website Data. ChainPatrol shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Website and Website Offerings and related systems and technologies (the “Website Data”) provided that such the Website Data may not include any End-User data other than to provide an Algorithm Update to the End-User, in which case such End-User data shall not be shared externally and shall be included solely in aggregate, anonymous, and de-identified form that is in no way identifiable with End-User, End-User’s business, or any personal information related to the End-User data, for the purpose of improving ChainPatrol’s services (the “Algorithm Update"), and ChainPatrol will be free (during and after the term of this Agreement) to use such information and data to improve and enhance ChainPatrol services, Website and for other development, diagnostic and corrective purposes in connection with the services and other ChainPatrol offerings.
Limitation on Liability – User Privacy
CHAINPATROL TAKES USER SECURITY AND PRIVACY VERY SERIOUSLY. WE UTILIZE A NUMBER OF PRECAUTIONS INCLUDING REMOTE MONITORING SOFTWARE, EXTERNAL BACKUPS, AND COMPUTER FIREWALLS. HOWEVER, CHAINPATROL CANNOT AND SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGE OR INJURY CAUSED DIRECTLY OR INDIRECTLY BY A DATA BREACH OR ANY OTHER LOSS OF USER DATA WHICH WAS OUTSIDE OUR CONTROL. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL USER DATA, WHETHER IN ELECTRONIC OR PHYSICAL FORM, AND REGARDLESS OF WHETHER SUCH DATA WAS PRODUCED BY CHAINPATROL OR PROVIDED BY THE USER.
Limitation on Liability – Website & Services
Subject to applicable law, under no circumstance will ChainPatrol, its affiliates and their respective directors, officers, employees, agents, or service providers be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with (1) your experience while using the Services, (2) your interactions with the Website and Services, (3) your use or misuse of information provided to you by ChainPatrol, (4) your level of engagement with a particular resource or Service (5) any interruptions to the Services or the Website, (6) your use, inability to use, or reliance on the Website, any linked websites or such other third party websites, (7) your use of any Website content, materials, postings, or information thereon, or (8) the violation of these Terms and Conditions by you or a third party.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OTHER THAN IN THE EVENT OF A FINDING OF GROSS NEGLIGENCE BY AN ONTARIO COURT, CHAINPATROL’S TOTAL LIABILITY TO YOU SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF ALL MONIES PAID BY YOU TO CHAINPATROL.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ChainPatrol, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions, your interactions with the Services, or your use of the Website, including, but not limited to, your use of third party sites or any other use of Website content, services, and products other than as expressly authorized in these Terms and Conditions.
Governing Law and Jurisdiction
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No Assignment
This Terms and Conditions is not to be assignable except as may be contemplated hereunder but will enure to the benefit of and be binding upon each of the parties and their respective successors and permitted assigns.
Injunctive Relief
Notwithstanding any other provisions of this Terms and Conditions, you acknowledge and agree that ChainPatrol may obtain an injunction or other appropriate relief against you if you contravene or fail to comply with any provision of this Terms and Conditions in any way and you further agree that the provisions of this paragraph may be pleaded against you by way of estoppel or defence to a claim by you that an injunction or other appropriate relief should not be granted.
Amendment to Terms
These Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of ChainPatrol.
Independent Legal Advice
By using ChainPatrol website, purchasing any Services through ChainPatrol, or using ChainPatrol’s services you acknowledge and agree that you (i) have had sufficient time to review and consider this Terms and Conditions thoroughly; (ii) has read and understands the terms, the nature and the consequences of this Terms and Conditions and the obligations hereunder; (iii) have been given an opportunity to obtain independent legal advice concerning the interpretation and effect of this Terms and Conditions.
No Waiver for Non-Enforcement
No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No single or partial exercise of any right, remedy, power or privilege here under precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Failure of ChainPatrol to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
Severability
If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and ChainPatrol regarding the Website and your use thereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Communications
ChainPatrol reserves the right to contact you from time to time for feedback regarding our products and Services. We will also contact any End-User who files a complaint with ChainPatrol regarding a representative of ChainPatrol or the Services overall. Notices to End-Users will be deemed effective at the time they are sent by ChainPatrol or as of the date they are posted on the Website.
Maintenance and Support
ChainPatrol is solely responsible for providing any maintenance and support services with respect to the Website when required from time to time or as required under applicable law. If you notice a problem or error on the Website, you can report it to [email protected].
ChainPatrol Name and Address
ChainPatrol’s contact information for any end-user questions, complaints or claims with respect to our Services is [email protected].
Arbitration
In the event of any dispute relating to or arising out of your use of these Terms and Conditions, such dispute shall be settled and determined by a single arbitrator in accordance with the Arbitration Act of Ontario. If you and ChainPatrol are unable to agree on an arbitrator within fifteen (15) days after ChainPatrol is made aware of the dispute, then the parties shall submit the matter to the ADR Institute of Ontario (or is successor), which shall choose the arbitrator. The decision of the arbitrator shall be final and binding without appeal on questions for law or fact or for any reason whatsoever. Costs of the arbitration shall be shared equally between you and ChainPatrol. In the event arbitration is not allowed by law, any other action must be brought only in the courts of Ontario, Canada.
Last Updated: May 1, 2023
These Terms and Conditions apply to your use of the ChainPatrol Inc. (“ChainPatrol”) website, located at www.chainpatrol.io (the “Website”), and the services offered by ChainPatrol (the “Services”) to our users and customers (the “End-User” or “you”). Supplemental terms and conditions or documents that may be posted on the Website or changes to the Services from time to time are hereby expressly incorporated herein by reference. We will alert you of any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. By using any of ChainPatrol’s Services, visiting the Website, or completing a sign-up or purchasing process on the Website, you are deemed to have read and agreed to the following terms and conditions:
About the Service
ChainPatrol is a Web3 Security company that helps protect your community and brand information from scammers. We use 24/7 monitoring to detect scammers targeting your community across Twitter, Discord, Telegram and Google Ads. ChainPatrol gets these scams blocked at the crypto-wallet level, preventing users from signing malicious transactions. We work with various crypto-wallet companies to create a blocklist that warns against suspicious or scam URLs. End-Users can create a manual report through ChainPatrol’s security dashboard when End-Users or their team detect an external scammer or when End-Users or their team have been hacked. The Services also enable End-Users to block their own domains in the case of a DNS attack, all of which is made available to organizations through organization-specific security portals. ChainPatrol provides our Services to End-Users in the Province of Ontario, throughout Canada, and internationally where permissible by local law. If you are accessing our Website or Services from a jurisdiction outside Canada, you hereby acknowledge and agree that your use of the Website or Services shall, to the greatest extent permitted by applicable law, remain at all times subject only to the laws of Ontario and Canada. To the extent applicable by law, we reserve the right to deny or terminate services to any End-User at our discretion.
ChainPatrol makes every effort to ensure materials on the Website are displayed accurately with the same colours and images across different computers and devices. However, ChainPatrol cannot guarantee that your computer or device will accurately or consistently display image colours and sizing.
User Accounts
You will require a dedicated member profile and account to access the Services (the “User Account”). In order to register for a User Account, End-Users must provide their first name, last name, email address, organization name, link to their website, and chosen password on our “Request Access” page.
Within an Account, you can:
Create a member profile for your organization;
View and interact with your dedicated security dashboard;
View reports of detected scamming attempts;
Review our scammer blocklist;
Verify your transactions for potential scams;
Block your domain to stop DNS attacks;
Report potential scams;
Access other functionalities developed and released by ChainPatrol from time to time.
Interacting with the Website
When using the Website and our Services, you acknowledge and agree that you will (1) provide true, accurate, current and complete information about yourself as prompted by the Website (“Registration Data”); (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (3) enter valid payment information. You must at all times provide accurate and truthful information regarding your identity when completing a purchase through the Website and may not complete a purchase for another individual without their explicit written permission. ChainPatrol reserves the right to suspend or cancel your access to the Services at its sole discretion at any time and for any reason upon notice to you.
When you register for an Account, you will be asked to choose a username and password for the Account or to sign up through a third-party provider. By registering for an Account, you are indicating that you agree to these Terms of Use. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. We will assume that any person using the Website with your username and password, either is you or is deemed to be authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another user of the Website if (a) you are not authorized to use either or (b) the use would violate the Terms of Use.
You are responsible for updating your account access passwords regularly. It is strongly recommended that passwords or login information or any other confidential information not be shared by email unless encrypted.
End-Users are responsible to ensure that all End-User generated content (“User Content”) complies with our Site Content Standards detailed herein. User Content will be stored using our secure cloud server for all active End-Users but may be deleted upon termination of the Services. User Content will never be shared or utilized by ChainPatrol other than as necessary for the provision of its Services. User Accounts may be accessed via third party web browser access at www.chainpatrol.io.
ChainPatrol also reserves the right to suspend or end the Services if you are found to be in breach of these Terms and Conditions, or for any other reason subject to these Terms and Conditions.
Fees
All service agreements must be entered directly between the End-User and ChainPatrol. Fees for User Account access are charged on a monthly subscription basis. Fees for User Accounts and our other Services are specified on our Website and are subject to change at any time in our sole discretion. Fees for all other Services are set individually with the client and specified in a client contract. Additional fees may apply for some Services. Fees may vary due to tax rates in various provinces across Canada, the United States and internationally. If you desire a quote for a custom product or service, please contact us at [email protected].
All prices are shown in Canadian Dollars (CAD) and are exclusive of applicable taxes.
ChainPatrol accepts no liability to complete any transaction which cannot be cleared by ChainPatrol’s payment processor, whether due to insufficient funds or otherwise. If such situation occurs, you will receive an error message and the transaction will be denied. Moreover, we may suspend your access to your Account and contact you to provide valid alternative credit card information. Such suspension shall not relieve you from your obligation to pay any fees owed to ChainPatrol.
All End-User payments must be paid immediately at the time of purchase or in accordance with your contract with ChainPatrol. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your approval for each recurring charge, until you notify us of your cancellation in writing.
Payments may be processed through a third-party payment processing service from time to time. End-Users shall make all payments in accordance with the fees, charges, and billing terms in effect at the time of purchase. ChainPatrol reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by email delivery to the End-User, subject to any agreed-upon terms in a signed contract with ChainPatrol.
You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
By providing credit card information through the Website and authorizing payments with the credit card, you represent, warrant, and covenant that: (a) you are legally authorized to provide such information; (b) you are legally authorized to make payments using the credit card(s); (c) if you are an employee or agent of an organization or person that owns the credit card, that you are authorized by the organization or person to use the credit card to make payments on the Website; and (d) such actions do not violate the terms and conditions applicable to your use of such credit card(s) or applicable law. When you authorize a payment using a credit card via the Website, End-User represents and warrants that there are sufficient funds or credit available to complete the payment using the designated credit card. To the extent that any amounts owed under these Terms of Use cannot be collected from your credit card(s), you are solely responsible for paying such amounts by other means.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.
Taxes
You take sole responsibility for the payment of any sales tax and any related penalties or interest to the relevant tax authority if you fail to pay the sales tax for the Services (the “Sales Tax”). You hereby indemnify ChainPatrol for any liability or expense we may incur in connection with such Sales Taxes. You may be required to provide ChainPatrol with evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that ChainPatrol is permitted to pass to its End-Users, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Cancellation and Refund Policy
ChainPatrol reserves the right to terminate any Services for any reason at any time, including the ending of services that are already underway, subject to the terms in a signed contract with ChainPatrol. If any payment processing request is rejected at any time for any reason, the Services shall be immediately terminated and you will be notified of the termination within ten (10) business days thereafter.
All purchases are non-refundable. You may cancel your User Account with ChainPatrol at any time, through the settings page within your User Account. In the event you cancel your account, you will be billed for all applicable fees up until the date of such cancellation. No refunds shall be offered where a Service is deemed to have been completed by ChainPatrol in its sole discretion, reasonably exercised.
If you are unsatisfied with our services, please email us at [EMAIL ADDRESS] and we will address your concerns in a prompt and timely manner.
Intellectual Property Rights and Ownership
Except as otherwise provided, subject to your compliance with these Terms and Conditions, and in consideration of your adherence to these terms and payment of any applicable Fees, ChainPatrol grants to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for individual, non-commercial purposes, except where explicitly provided otherwise, to (i) access the Website (ii) cause the Website to be displayed from a computer and/or mobile device and (iii) use the Website, including content downloaded from the Website, solely as permitted under these Terms and Conditions (iv) access to Services (the “License”). ChainPatrol and its affiliates and licensors reserve all rights not expressly granted to you in these Terms and Conditions. Your rights herein are only as described above for this limited License. The License granted under this Section may be terminated by ChainPatrol for any reason at ChainPatrol’s sole discretion.
You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, (collectively, the “Content”) are owned by ChainPatrol, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, service mark, patent, trade secret, and any other proprietary rights (the “Marks”). The Content and Marks are provided on the site “as is” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
You further understand and agree that upon accessing the Website or using the Services, you are being granted a perpetual, royalty-free, worldwide, non-exclusive right and license (the “Download License”), to freely display the audio, text, image, and video content contained in the Services, and to retain copies of such audio, text, and video content for your individual, non-commercial use. The Download License does not include ChainPatrol’s background intellectual property, which are retained by their respective creators outside of these Terms and Conditions. The Download License also does not grant you any right in the content, features, functionality, software, code, text, servers, databases, confidential information, displays, graphics, photographs, text, video, and audio, and the design, presentation, selection, and arrangement thereof, which comprise an resources and are exclusively and solely owned by ChainPatrol.
The “ChainPatrol” name, ChainPatrol logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of ChainPatrol or its affiliates or licensors. You must not use such marks without the prior written permission of ChainPatrol. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners.
Use of any of ChainPatrol’s intellectual property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action. You may only use the Website for your individual and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
(a) Your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
(b) a reasonable number of copies for personal use only may be printed, keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
End-Users are not permitted to modify copies of any materials from the Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by ChainPatrol. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.
MOBILE APPLICATION LICENSE
Use License. If you access the Website via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Website; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Website: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a Canadian government embargo, or that has been designated by the government of Canada as a “terrorist supporting” country and (ii) you are not listed on any Canadian government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.
Social Media. As part of the functionality of the Website, you may link your Account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Website; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Website. You can deactivate the connection between the Website and your Third-Party Account by contacting us using the contact feature on the Website or the contact information below. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture, if required, that become associated with your account.
Conditions of Use and Site Content Standards
Definitions:
For the purposes of this Section, the following definitions shall apply:
“Business/Service Interruption” means any delay or stoppage to the Services forced upon ChainPatrol by reasons which could not have been reasonably foreseen or prevented;
“Computer Security” means the programs and software ChainPatrol utilizes to protect its and its End-Users’ Data;
“Cyber Extortion” means any direct or indirect attempt to coerce ChainPatrol or its representatives through online or electronic means into any form of exchange to prevent a threatened action by the coercing party;
“Data” means any electronic information, text, image, video or other code provided to, or in the possession or control of, ChainPatrol.
“Force Majeure” includes, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, pandemics or epidemics, government-mandated lockdowns, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services;
“Information” includes Personally Identifiable Information, Data, and any other documentation which could be reasonably foreseen as having intrinsic or economic value to the End-User and/or ChainPatrol;
“Malicious Code” means any code in any part of a software system or script that is intended to cause undesired effects, security breaches or damage to a system.
“Personally Identifiable Information” means any information that alone or in combination with other information held by ChainPatrol can be used to specifically identify a End-User;
“Security Breach” means any compromise of ChainPatrol’s personal or corporate accounts, computers, or any other password-protected information, that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to protected data transmitted, stored or otherwise processed
ChainPatrol takes our End-Users’ security extremely seriously. While we endeavour to take every reasonable precaution to protect your information, certain events outside of our control, including but not limited to cyber extortion, hacking, business/service interruptions, and force majeure events, may result in the disclosure, damage, or destruction of such information and further subsequent damage. In such event, ChainPatrol shall not be held responsible or liable for any theft, damage, loss or unauthorized disclosure of personally identifiable information or third party information or business or tax records or any other information or records that are in the care, custody or control of ChainPatrol. Further, in such event, ChainPatrol shall not be held liable or responsible for any interruption to the Website or the Services that is a direct or indirect result of:
The plagiarising of any other End-User’s data;
The alteration, corruption, destruction, deletion, or damage to data stored on ChainPatrol’s computer systems;
Data loss, damage or inability to access data and/or intellectual property infringement that is caused by a security breach, unforeseen or reasonably unpreventable computer hardware, software or firmware failure, or satellite or internet failure;
The failure to prevent transmission of malicious code from ChainPatrol computer systems to computer or network systems belonging to an End-User or related third party;
The failure to prevent a loss or threat caused by cyber extortion.
ChainPatrol shall not be held responsible or liable for any damage or loss to an End-User’s data, intellectual property, or documentation which result from a force majeure event.
As a condition of your access and use of the Website or the Services, you agree that you may use the Website and the Services only for lawful purposes and in accordance with these Terms and Conditions. Without limiting the foregoing, you warrant and agree that, when using the Website or the Services, you shall not:
Violate any applicable federal, provincial, local, or international law or regulation or submit any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our privacy policy;
Upload or cause to be displayed on or through the Website any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;
Provide or contribute to any false, inaccurate or misleading information;
Impersonate or attempt to impersonate ChainPatrol, a ChainPatrol employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
Transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm ChainPatrol or users of the Website or expose them to liability;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Circumvent, disable, or otherwise interfere with security-related features of the Website or Services, including features that prevent or restrict the use of copying of any content or enforce limitations on the use of the Website and/or the Services contained therein;
Make improper use of our support services or submit false reports about abuse or misconduct;
Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website and/or Services;
Give the impression that content you created originated from or is endorsed by ChainPatrol or any other person or entity, if this is not the case;
Plagiarize any other End-User’s content or creations; or
Reproduce or use without authorization any copyrighted material.
Availability
Unless otherwise stated, the Services featured on this Website are available within North America and internationally, where permissible by law and subject to local rules and regulations. All advertising is intended solely for the Ontario, Canada market. The End-User is solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through the Website. Redistribution or republication of any part of the Website or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of ChainPatrol. ChainPatrol does not warrant that the Services or the Website will be uninterrupted, timely or error free, although it is provided on a best-efforts basis.
ChainPatrol endeavours to ensure that the video, audio, image, and text displayed on or available for download through the Website (the “Content”) is complete and current. However, ChainPatrol does not warrant as to the quality, accuracy or completeness of Content on our Website. Such information is provided “as is” without warranty or condition of any kind. This Website may include inaccuracies, typographical errors, errors or omissions. Such errors, inaccuracies, typographical errors or omissions may relate to price or to product description or availability. In no event shall ChainPatrol be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of Content available on the Website.
Force Majeure
ChainPatrol shall not be liable for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, pandemic, epidemic, government-mandated lockdown, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of the Services or of an agreement or contract entered into with ChainPatrol, which termination could have been reasonably foreseen. In such event, ChainPatrol shall forthwith inform the End-User and shall use all reasonable endeavours to comply with the terms and conditions of any agreement entered between the parties.
Third Party Services
The Website uses third-party products and services to provide its Services (“Third Party Services”). The Website uses a Third Party Service to process payments initiated by you, and to collect the Fees and other amounts owed by you to ChainPatrol. ChainPatrol may use data about your use of the Third Party Services and their transactions effected through the Third Party Services for the same purposes for which ChainPatrol is permitted to use other data collected by ChainPatrol in connection with the Website, as provided in these Terms of Use or the Privacy Policy.
You agree to indemnify and hold harmless ChainPatrol with respect to any suits or claims by Third Party Services (and any related costs, including legal fees) arising directly or indirectly out of any activity associated with your use of the Website , whether initiated by you or not (including all transactions, disputes, refunds, reversals, claims, fines associated with such activity, and use of the services in a manner prohibited under these Terms of Use or any agreement with any Third Party Service), and without limitation including (a) any failure by you to pay any amount owing by you to a Third Party Service in any way related to an account associated with you on a Third Party Service’s system, or (b) any claim made against ChainPatrol by a Third Party Service as a result of any inaccurate or incomplete information provided by you to such Third Party Service (or provided by you to ChainPatrol, and which ChainPatrol provided to the Third Party Service). If ChainPatrol makes any payment to a Third Party Service in relation to any such claim, then, without limiting any other remedies available to ChainPatrol, you authorize ChainPatrol to use any authorized payment method to collect a corresponding amount from you.
From time to time, ChainPatrol may change the Third Party Service providers it uses to support ChainPatrol’s Services, or ChainPatrol may offer the option of using other Third Party Services to support ChainPatrol’s Services, or ChainPatrol may elect itself to perform some or all of the services that were previously provided by a Third Party Service. If ChainPatrol does so, then, in order to continue to use ChainPatrol’s Services, you may be required to agree to additional terms imposed by ChainPatrol or such other Third Party Service. If you do not wish to accept those terms, then you must cease using the corresponding ChainPatrol Services.
All payment is exclusive of any taxes or duties imposed by applicable tax laws in your tax jurisdictions, and ChainPatrol will not be responsible for any taxes or duties owed by you.
This Agreement shall apply to you commencing from the time that you first registers to use the Website (the “Effective Date”) and, subject to the clauses that survive this agreement, until the termination of the Agreement at the conclusion of a one-month period (the “Initial Term”). The Agreement will renew automatically on a month-to-month basis thereafter (each a “Renewal Term”) until such time as it is terminated in accordance with the termination provisions of this Terms of Use.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
If you believe that any material available on or through the Website infringes upon any copyright you own or control, please immediately notify us at [email protected] (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by the Notification, a representative list of such works on the App; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Website as a result of a mistake or misidentification, you may submit a written counter notification to ChainPatrol using the contact information provided below (a “Counter Notification”). Your Counter Notification must include the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Province of Ontario; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
Disclaimer of Warranties
The Website is provided “As-Is” and no refunds will be provided for early termination, subject to the terms herein. All materials, reports, documents, and any other information in any form or of any kind whatsoever provided through the Website (the “Website Information”) is provided “As-Is” and without any warranty of any kind. Any and all use of the Website Information is at your sole and exclusive risk. ChainPatrol cannot and does not guarantee the accuracy or timeliness of any Website Information. You are solely and exclusively responsible for your use of the Website Information.
You understand and agree that your use of the Services, the Website and its content, the resources, and the Services provided by ChainPatrol is at your own risk. The Website, its content, and any Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Neither ChainPatrol nor any affiliates nor their respective directors, officers, employees, agents or service providers makes any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Website or its contents. Without limiting the foregoing, neither ChainPatrol nor any affiliates nor their respective directors, officers, employees, agents or service providers represents or warrants that the Website, its content, or any services found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services, the Website, or your downloading of any material posted on the Website, or on any website linked to it.
Limitation on Liability – Use of Website
CHAINPATROL IS NOT A PARTY TO ANY AGREEMENT OR TRANSACTION THAT MAY BE FORMED BETWEEN YOU AND ANOTHER END-USER OR A THIRD PARTY SERVICE, WHETHER OR NOT FORMED THROUGH THE WEBSITE. END-USER AGREES AND CONFIRMS THAT CHAINPATROL HAS NO RESPONSIBILITY NOR LIABILITY FOR THE ACTS OR OMISSIONS OF ANY END-USER. CHAINPATROL WILL NOT ASSESS, GUARANTEE, NOR VERIFY THE SUITABILITY, LEGALITY OR CONTENTS OF ANY AGREEMENT OR TRANSACTION ARRANGED THROUGH THE WEBSITE.
END-USER UNDERSTANDS AND AGREES THAT CHAINPATROL DOES NOT ITSELF PUBLISH ANY OFFERS NOR PROVIDE ANY SERVICES OTHER THAN PROVIDING THE WEBSITE, A TECHNOLOGY PLATFORM, TO CONNECT END-USERS TO EACH OTHER. CHAINPATROL DOES NOT BUY NOR SELL ANY SERVICES THROUGH THE WEBSITE; CHAINPATROL IS NOT THE RETAILER OF ANY SERVICES THROUGH THE WEBSITE, INCLUDING ANY WEBSITE OFFERING, OFFERED BY AN END-USER. CHAINPATROL IS NOT LIABLE, NOR RESPONSIBLE, AND NOR DOES IT GUARANTEE ANY OBLIGATION OF AN END-USER, INCLUDING BUT NOT LIMITED TO, THE PROVISION OF SERVICES RELATED TO A COMPLETED TRANSACTION ON THE WEBSITE.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CHAINPATROL DOES NOT MAKE ANY WARRANTY REGARDING THE AVAILABILITY, PRICING, ACCURACY, QUALITY OR TIMELY PROVISION OF THE WEBSITE.
ANY DISPUTES BETWEEN END-USERS RELATING DIRECTLY OR INDIRECTLY TO THE WEBSITE MUST BE RESOLVED ENTIRELY BETWEEN THE END-USERS, AND SUCH END-USERS HEREBY FULLY RELEASE CHAINPATROL AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS AND LICENSORS (“AFFILIATES”) FROM ANY PRESENT OR FUTURE CLAIMS REGARDING ANY SUCH DISPUTES.
CHAINPATROL AND ITS AFFILIATES ARE NOT RESPONSIBLE NOR LIABLE FOR ANY RESULTS OF USING THE WEBSITE OR ANY AGREEMENT BETWEEN END-USERS. USE OF THE WEBSITE IS AT THE END-USER’S OWN RISK. CHAINPATROL DOES NOT VERIFY END-USERS’ COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS.
Website Users. The End-User is solely responsible for ensuring that their use of the Website meets all legal and regulatory requirements, including any language translation requirements, for all countries in which they operate.
Agreements through the Website.It is the sole responsibility of the End-User, as the case may be, to ensure the fulfilment of the terms of each agreement reached with another End-User through the Website, and it is acknowledged and understood that such agreements by the End-Users are at their own risk. ChainPatrol and its Affiliates are not responsible nor liable for any failure of an End-User to fulfill its obligations in compliance with the terms set out in any agreement between End-Users. ChainPatrol and its Affiliates have no responsibility or liability for any act, omission or breach by an End-User.
Unauthorized Charges. If there are any unauthorized charges on an End-User’s credit card relating to the Website, then the End-User must advise ChainPatrol at [email protected]. In such case, you shall have no remedy against ChainPatrol and its Affiliates other than to receive a full reimbursement, unless such charge was due to an intentionally wrongful act of ChainPatrol and its Affiliates.
Website Offering Subject to Approval. ChainPatrol may remove any features from the Website at its discretion. Any and all features shall be subject to ChainPatrol’s approval to be made available on the Website.
Website Data. ChainPatrol shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Website and Website Offerings and related systems and technologies (the “Website Data”) provided that such the Website Data may not include any End-User data other than to provide an Algorithm Update to the End-User, in which case such End-User data shall not be shared externally and shall be included solely in aggregate, anonymous, and de-identified form that is in no way identifiable with End-User, End-User’s business, or any personal information related to the End-User data, for the purpose of improving ChainPatrol’s services (the “Algorithm Update"), and ChainPatrol will be free (during and after the term of this Agreement) to use such information and data to improve and enhance ChainPatrol services, Website and for other development, diagnostic and corrective purposes in connection with the services and other ChainPatrol offerings.
Limitation on Liability – User Privacy
CHAINPATROL TAKES USER SECURITY AND PRIVACY VERY SERIOUSLY. WE UTILIZE A NUMBER OF PRECAUTIONS INCLUDING REMOTE MONITORING SOFTWARE, EXTERNAL BACKUPS, AND COMPUTER FIREWALLS. HOWEVER, CHAINPATROL CANNOT AND SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGE OR INJURY CAUSED DIRECTLY OR INDIRECTLY BY A DATA BREACH OR ANY OTHER LOSS OF USER DATA WHICH WAS OUTSIDE OUR CONTROL. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL USER DATA, WHETHER IN ELECTRONIC OR PHYSICAL FORM, AND REGARDLESS OF WHETHER SUCH DATA WAS PRODUCED BY CHAINPATROL OR PROVIDED BY THE USER.
Limitation on Liability – Website & Services
Subject to applicable law, under no circumstance will ChainPatrol, its affiliates and their respective directors, officers, employees, agents, or service providers be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with (1) your experience while using the Services, (2) your interactions with the Website and Services, (3) your use or misuse of information provided to you by ChainPatrol, (4) your level of engagement with a particular resource or Service (5) any interruptions to the Services or the Website, (6) your use, inability to use, or reliance on the Website, any linked websites or such other third party websites, (7) your use of any Website content, materials, postings, or information thereon, or (8) the violation of these Terms and Conditions by you or a third party.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OTHER THAN IN THE EVENT OF A FINDING OF GROSS NEGLIGENCE BY AN ONTARIO COURT, CHAINPATROL’S TOTAL LIABILITY TO YOU SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF ALL MONIES PAID BY YOU TO CHAINPATROL.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ChainPatrol, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions, your interactions with the Services, or your use of the Website, including, but not limited to, your use of third party sites or any other use of Website content, services, and products other than as expressly authorized in these Terms and Conditions.
Governing Law and Jurisdiction
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No Assignment
This Terms and Conditions is not to be assignable except as may be contemplated hereunder but will enure to the benefit of and be binding upon each of the parties and their respective successors and permitted assigns.
Injunctive Relief
Notwithstanding any other provisions of this Terms and Conditions, you acknowledge and agree that ChainPatrol may obtain an injunction or other appropriate relief against you if you contravene or fail to comply with any provision of this Terms and Conditions in any way and you further agree that the provisions of this paragraph may be pleaded against you by way of estoppel or defence to a claim by you that an injunction or other appropriate relief should not be granted.
Amendment to Terms
These Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of ChainPatrol.
Independent Legal Advice
By using ChainPatrol website, purchasing any Services through ChainPatrol, or using ChainPatrol’s services you acknowledge and agree that you (i) have had sufficient time to review and consider this Terms and Conditions thoroughly; (ii) has read and understands the terms, the nature and the consequences of this Terms and Conditions and the obligations hereunder; (iii) have been given an opportunity to obtain independent legal advice concerning the interpretation and effect of this Terms and Conditions.
No Waiver for Non-Enforcement
No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No single or partial exercise of any right, remedy, power or privilege here under precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Failure of ChainPatrol to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
Severability
If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and ChainPatrol regarding the Website and your use thereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Communications
ChainPatrol reserves the right to contact you from time to time for feedback regarding our products and Services. We will also contact any End-User who files a complaint with ChainPatrol regarding a representative of ChainPatrol or the Services overall. Notices to End-Users will be deemed effective at the time they are sent by ChainPatrol or as of the date they are posted on the Website.
Maintenance and Support
ChainPatrol is solely responsible for providing any maintenance and support services with respect to the Website when required from time to time or as required under applicable law. If you notice a problem or error on the Website, you can report it to [email protected].
ChainPatrol Name and Address
ChainPatrol’s contact information for any end-user questions, complaints or claims with respect to our Services is [email protected].
Arbitration
In the event of any dispute relating to or arising out of your use of these Terms and Conditions, such dispute shall be settled and determined by a single arbitrator in accordance with the Arbitration Act of Ontario. If you and ChainPatrol are unable to agree on an arbitrator within fifteen (15) days after ChainPatrol is made aware of the dispute, then the parties shall submit the matter to the ADR Institute of Ontario (or is successor), which shall choose the arbitrator. The decision of the arbitrator shall be final and binding without appeal on questions for law or fact or for any reason whatsoever. Costs of the arbitration shall be shared equally between you and ChainPatrol. In the event arbitration is not allowed by law, any other action must be brought only in the courts of Ontario, Canada.
© 2024 ChainPatrol Inc. All Rights reserved
© 2024 ChainPatrol Inc. All Rights reserved