TrueContext

Last updated: July 20, 2021

Please read these Terms of Use (“Terms“) carefully before using the TrueContext Community (“Community“) at https://community.truecontext.com/home. The Community is operated by TrueContext Inc. (“TrueContext“, “us”, “we”, or “our”).

Your access to and use of the Community is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all members, users, and others who are authorized to access or use the Community (each a “Community member“). Content made available to Community members may include but is not limited to written messages, graphic images, audio, video, html code, buttons, text, answers, help and training, ideas, events, knowledge base, issues, forums, blogs, new features, or any conference information and tools (“Content“). With the exception of Content that you submit to the Community, the Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without our prior written consent, except that you may (i) download, display, and print one copy of the Content on any single computer solely for your personal, non-commercial use; and/or (ii) download and display the Content for use by Community members in support of internal, non-public training, provided that you do not modify the Content in any way and you keep intact all copyright, trademark and other proprietary notices.

By accessing or using the Community, you acknowledge that you have read, understood and agree to comply with and be bound by these Terms. If you disagree with any part of these Terms, then you may not access or use the Community.

1. ELIGIBILITY CRITERIA
If you are under the age of 13, you are not permitted to use the Community. If you are 13 years of age or older but under the age of 18, you are permitted to use the Community under the active supervision of a parent, legal guardian, or other responsible adult, provided that the person supervising you consents to these Terms on your behalf. If you are registering to access and use the Community on behalf of an organization, then you are entering into these Terms on behalf of the organization, and you represent that you have the authority to bind the organization to these Terms.

2. YOUR PROFILE, ACCESS, AND ACCOUNT
You agree that all information you submit to the Community, including your profile information, is accurate and that you will keep it current. You are responsible for maintaining the confidentiality of your login credentials, and you assume all liability and responsibility for all activities that occur on your behalf in the Community. It is your responsibility to maintain the confidentiality of any password associated with your use of the Community. Your first name and last name will be publicly displayed on your Community account. Other than your first and last name, you may manage your Community account display settings in relation to all aspects of your profile information and define the extent to which such information is made public or restricted to only your contacts or other Community members. Your access to and use of the Community, including any personal data you submit to us, is subject to our Privacy Policy. If we have grounds to suspect that your profile information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your use of the Community. You agree that we may send you information and notices regarding the Community, services, products, or your Community account by email, text message, Community private message, or other means based on the information you provide to us.

3. COMMUNITY PARTICIPATION
To help ensure the best possible experience for all Community members, we have established some basic participation guidelines. By accessing or using the Community, you agree that you have read and will follow the Community Rules & Etiquette Guidelines.

As a Community member, you have certain responsibilities and you acknowledge that you shall always:

Treat other Community members with respect and courtesy;

Be responsible for your compliance with these Terms and all activities occurring within or from your account; and

Prevent unauthorized access to or use of the Community and notify us promptly of any such unauthorized access or use.

You further acknowledge that you shall not:

• Impersonate any other person or organization;
• Submit Content in exchange for payment or other consideration from another person or entity;
• Make the Community available to anyone else, including through selling, reselling, renting, leasing, or otherwise redistributing the Community or portions thereof;
• Use the Community in connection with transmitting, sending, or otherwise facilitating the distribution of any unsolicited commercial messages;
• Violate Higher Logic’s Anti-Spam Policy or similar local laws and regulations;
• Use the Community to store or transmit unlawful or tortious material, or to store or transmit material in violation of third-party rights, including but not limited to privacy and intellectual property rights;
• Use the Community to store or transmit malicious code or to engage in other fraudulent activity;
• Disrupt or interfere with the integrity or performance of the Community or any data contained therein;
• Attempt to gain unauthorized access to the Community;
• Encourage or facilitate Community members to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another’s business, or other conduct intended to illegally restrict free trade. Content that encourages or facilitates an agreement about the following subjects are inappropriate: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers;
• Scrape, data-extract, data mine, or engage in any related or similar data-harvesting activity, from the Community, or otherwise collect information about other Community members without their consent; or
• Submit or link to any Content (including any name or Community member ID that you use in the Community) that:
  • Infringes or violates the intellectual property or other rights of any person or entity;
  • Interferes with the operation of the Community;
  • Violates anyone’s privacy or publicity rights;
  • Breaches any duty of confidentiality that you owe to anyone;
  • Provides any non-public information about TrueContext or any other company or person without authorization (including the names and contact information for TrueContext employees or Community members);
  • Is in TrueContext’ sole discretion, offensive, inappropriate, vulgar, harassing, defamatory, hate speech or other hateful or degrading Content, abusive, lewd, pornographic, obscene or otherwise objectionable; or we may reject for any other reason in our sole discretion;
  • Contains or installs any viruses, worms, bugs, trojan horses, malware or other code, files or programs designed to, or having the capability to, disrupt, damage, or limit the functionality of any software or hardware; or
  • Contains false or deceptive language, unsubstantiated or comparative claims regarding our or others’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits.

4. COMMUNITY CONTENT POLICY
This messaging policy applies to all messaging channels within our Community. We are committed to keeping the Community Content Policy as easy as possible and we expect you to understand that you must not use the Community to transmit any Content that is unlawful, that infringes any intellectual property rights, or that otherwise violates Higher Logic’s Acceptable Use Policy. If you think a Community member is providing Content in violation of the Acceptable Use Policy, please email us at community@truecontext.com. We have no control over and do not guarantee: (a) the suitability or legality of Content provided by Community members; (b) the truth or accuracy of Content provided by Community members; (c) the performance or conduct of Community members; or (d) who a Community member permits to access and use the Community on their behalf.

Please remember that sometimes, Content provided by you may not seem abusive, obscene, or offensive to you but might seem so to others.  You are solely responsible for compliance with your employer’s or organization’s policies and requirements. Furthermore, you are responsible for compliance with any regulatory or legal requirement that you may be subject to because of your employment, residence, or role within an organization.

You acknowledge and agree that (i) we may publicly share Content that you submit to the Community (including for marketing purposes); (ii) you have no expectation of privacy with respect to Content you submit to the Community, including in “by invite only” groups; and (iii) we and our Affiliated Entities (as defined in 9 below), have a non-exclusive, world-wide, royalty-free, fully paid up, perpetual and irrevocable license to de-identify, anonymize, process and create derivative works of Content that you submit to the Community for the purpose of deriving anonymous statistical and usage data, and data related to the use and functionality of the Community, provided such data cannot be used to identify you (“Anonymous Data“) and combining or incorporating such Anonymous Data with the Content and information of others, for any purpose, including to improve, enhance, further develop and test the Community and any of our technology, to create and refine algorithms and other machine learning methods and processes, to identify and predict patterns and trends, and to train and refine machine learning or analytical models or engines.

5. PROPRIETARY RIGHTS AND USE RESTRICTIONS
You grant to TrueContext a perpetual, worldwide, fully-paid-up right and license to use, copy, modify, publish, republish, distribute and create derivative works based on, in any form, any Content or material you contribute to the Community. Subject to the limited rights expressly granted hereunder, TrueContext reserves all rights, title and interest in and to all intellectual property rights in the Community, including but not limited to its user interface, branding, Content, ideas, and underlying technology. No rights are granted to you hereunder other than as expressly set forth in these Terms.

You acknowledge and agree that you shall not: (a) permit any non-member third party to access the Community; (b) use or permit use of the Community in a manner contrary to applicable law or that infringes, violates or misappropriates the rights of any third parties, including the privacy rights or intellectual property rights of such parties; (c) store or process Content related information under applicable privacy laws; (d) reverse engineer, alter, modify, create derivative works, decompile, or extract code from Content other Community members or third parties have made available to you via the Community; (e) access the Community to (i) build a competitive Community product or service or (ii) copy any Content, feature, functions or graphics of the Community; (f) sell, rent, lease, license, transfer or distribute the Community to any third party; (g) alter, remove, or cover any proprietary notices, labels or marks from Community; (h) send, store, or transmit viruses or other harmful computer code through or onto our servers or systems; (i) gain or attempt to gain unauthorized access to our servers or systems; (j) interfere with or disrupt the integrity or performance of our servers or systems; (k) create accounts or send Content through unauthorized or automated means; or (l) collect the information of or about Community members in any impermissible or unauthorized manner.

6. TERMINATION 
You may terminate your Community account at any time and for any reason by emailing us at community@truecontext.com and asking us to delete your Community account. We may suspend or terminate your access to the Community immediately without any liability, for any reason upon notice or without notice, if in our sole judgment, you have violated these Terms. We may also suspend or terminate your use of the Community or condition your continued use on additional terms. If your continued use, in our sole judgment, poses an undue or disproportionate burden to the Community, or networks, or if your activity in the Community is disruptive or detrimental to other Community members or the security of the Community, your account may be cancelled, your employer or other organization that provided you with access to our Community may be notified, and you may be banned from future participation in the Community and other Community events. If we suspend or disable your Community account for a violation of these Terms, you must not create another Community account without our permission.

7. COPYRIGHT INFRINGEMENT
If you believe that any Content infringes a copyright that you own or control, please send our Community Leader a summary of your concerns, either by email to community@truecontext.com or by regular mail to:

TrueContext Community
Attention: Community Leader
TrueContext Inc.
250-2500 Solandt Road
Ottawa, ON K2K 3G5

Please note that if you knowingly give false, misleading, or inaccurate information regarding the existence of infringing Content, we may suspend your account, and you may face other legal consequences.

8. DISCLAIMER OF WARRANTY
WE MAY MODIFY THE FUNCTIONALITY OF THE COMMUNITY AND ITS INTERFACE AT ANY TIME AT OUR SOLE DISCRETION, AND SUCH MODIFICATIONS MAY RESULT IN A LOSS OF DATA ASSOCIATED WITH THAT FUNCTIONALITY. PRONTOFORMS COMMUNITY IS PROVIDED “AS IS,” AND “AS AVAILABLE” AND PRONTOFORMS HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, QUALITY OR ORIGINALITY OF CONTENT. PRONTOFORMS DISCLAIMS ANY RESPONSIBILITY WHATSOEVER FOR ANY COMMUNITY CONTENT OR MATERIAL, REGARDLESS OF WHO CREATED AND PROVIDED THE CONTENT (INCLUDING PRONTOFORMS’ PERSONNEL, PARTNERS, AFFILIATES OR MODERATORS). WE ALSO DO NOT REPRESENT OR WARRANT THAT: (I) THE COMMUNITY WILL ALWAYS BE SECURE OR ERROR-FREE,; (II) THE COMMUNITY WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; (III) ANY CONTENT YOU SEND OR RECEIVE VIA THE COMMUNITY WILL BE TIMELY OR ACCURATE; OR (IV) ANY CONTENT RECEIVED BY YOU WILL NOT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE.

9. LIMITATION OF LIABILITY
You agree that you bear all risks associated with accessing the Community and using or relying upon Content. To the maximum extent permitted by law, we and our shareholders, employees, affiliates, associated companies, licensors, agents, and suppliers (“Affiliated Entities”) shall not be liable for any losses or damages whatsoever, including but not limited to direct, indirect, incidental, special, consequential, exemplary, punitive, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Community; (ii) the conduct or Content of other Community members or third parties made available to you via the Community; or (iii) unauthorized access, use, or alteration of Content that you submit to the Community, even if we have been advised of the possibility of such damages.

10. INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify and hold TrueContext and its Affiliated Entities harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses), that directly or indirectly result from (i) Content that you submit to the Community; (ii) your use of the Community; (iii) your breach of these Terms (iv); your violation of any laws or regulations; (v) third-party claims that you or someone using your password did something that, if true, would violate these Terms; (vi) any misrepresentations made by you; (vii) any claim made by any third party arising out of Content you submit to or post in the Community and your activity in the Community or (viii) a breach of any representations or warranties you’ve made to us. We reserve the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you shall provide us with such cooperation as we reasonably request.

11. CHANGES TO THESE TERMS
We may modify or update Community Terms from time to time. When we update these Terms, we will revise the “Last updated” date above and post the new Terms on https://community.truecontext.com/home. Your continued use of the Community (including, without limitation, signing up to receive Content after an update) confirms your acceptance of the updated Terms. If you do not agree to any update, you must stop using the Community. We may also modify or discontinue all or part of the Community at any time; charge, modify, or waive any fees required to use the Community. We may access, review, block, or delete Content you submit to or post in the Community at any time and for any reason, including (i) to provide better Community experience, modify and develop the Community, (ii) if we think such Content violates any of these Terms, and (iii) to comply with all applicable law or any request or requirement of a court, law enforcement or other administrative agency or governmental body.

12. JURISDICTION
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to the principles of conflicts of law and excluding the body of law applicable to choice of law. You irrevocably submit to the non-exclusive jurisdiction of the courts of Ontario for the purpose of any suit, action or other proceeding arising out of these Terms. You hereby waive: (a) the right to trial by jury of any such suit, action or proceeding; (b) any right, claim or entitlement to any punitive or exemplary damages whatsoever; and (c) any right, claim or entitlement to participate in a class action relating to your usage of the Community or these Terms. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Terms will remain in effect.

13. TRADEMARKS
The TrueContext word mark, our logo, and other marks used in the Community are owned by us and may not be used in any manner without our express prior written consent.

14. THIRD PARTY LINKS
The Community may contain links to third party sites; such linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to remove any links at any time at our sole discretion. If you decide to access any of the third-party sites linked to via the Community, you do so entirely at your own risk.

15. ENFORCEMENT
We generally do not actively prescreen, verify, edit, monitor, or moderate the Content provided by Community members, nor do we, on our own, undertake or exercise any editorial control of Content; however, we may do so from time to time in our sole discretion, including in “by invite only” groups. We reserve the right to investigate any alleged violation of these Terms and to take appropriate remedial action.

Any violation of these Terms may result in the suspension or termination of your ability to use or participate on the Community. We reserve the right to enforce these Terms at our sole discretion, including, but not limited to, warning users of violations, disabling or suspending privileges and/or access, refusing to post Content, deleting, screening or editing any Content, or prohibiting any behavior that does not comply with these Terms, or which we otherwise deem inappropriate, harmful, objectionable or inaccurate.

We may release information concerning your use of the Community (including posted Content, registration information, and network records) when we believe that the release is appropriate to comply with applicable law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply these Terms; to protect our rights; to protect against fraudulent, abusive or unlawful use or participation in the Community; or if we reasonably believe that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure.

Other than as expressly stated herein, the remedies provided in these Terms for TrueContext are in addition to, and not exclusive of, any other remedies of a party at law or in equity. To report violations of these Terms, please email our Community Leader using the contact information provided at 7 above.

16. MISCELLANEOUS

• Your use of the Community is at your own risk, and you must comply with all applicable laws, rules, and regulations while doing so.
• We may limit the Community’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction.
• These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agent, or franchisor-franchisee relationship between us.
• You may not assign your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent.
• All of our rights and obligations under these Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise.
• Except as expressly set forth in these Terms, there are no third-party beneficiaries to these Terms.
• If we fail to enforce any of these Terms, it will not be considered a waiver.
• If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

17. CONTACT US
We welcome and encourage you to provide us with feedback, comments, and suggestions for improvements to the Community (“Feedback”). Any Feedback you submit to us will be owned by us and we may use and exploit that Feedback without restriction for any purpose, without compensation to you. You may contact us using the contact information provided at 7 above.

18. CHANGE LOG
A high-level summary of all material changes to these Terms is provided below for your ease of reference.