BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY(posted at https://stratosfy.io/legal/privacy-policy) INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

 

Terms and Conditions of Use

 

1.   Acceptance of the Website Terms and Conditions of Use

 

1.1       These website terms and conditions of use for Stratosfy.io constitute a legal agreement and are entered into by and between you (“you,” “your,” a “user”) and SnowM Incorporated (the "Company," "we," "us," "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions" or this “Agreement”), govern your access to and use, including any content, functionality, and services offered on or through Stratosfy.io (the "Site"), including any text, images, video, audio or other multimedia content, software, or other information or material submitted to, subsisting on, or accessible from, the Site (the “Content”).

 

1.2       These Terms and Conditions may also be supplemented or replaced by additional terms (hereafter referred to as "Additional Terms") relating to specific Content, goods, or services made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for review or acceptance before you place an order or request a service. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these terms.

 

1.3       By using this Site, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

 

2.   Modifications to the Terms and Conditions and to the Website

 

2.1       We reserve the right to revise and update these Terms and Conditions from time to time at our sole and absolute discretion. All such modifications are effective immediately upon posting, and apply to all access to and continued use of the Site. You agree to periodically review the terms and conditions to be aware of any such modifications, and your continued use shall be your acceptance of these. 

 

2.2       The information and material on this Site, and the Site may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is restricted to users or unavailable at any time or for any period.

 

3.   Privacy Policy

 

3.1       All use of the Site, and all data, personal information, and other data that are contained on the Website or subsequently submitted to the Site shall be governed by the Company’s Privacy Policy, which can be found through the following link: https://stratosfy.io/legal/privacy-policy (the “Privacy Policy”).

 

3.2       The Privacy Policy is deemed to be incorporated into these Terms and Conditions, and your acceptance of these Terms and Conditions is deemed to include acceptance of the Privacy Policy.

 

4.   Accessibility

 

We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at hello@stratosfy.io .

5.   Restrictions on Use

 

5.1       As a condition of your access and use, you agree that you may use the Site only for lawful purposes and in accordance with these Terms and Conditions, and you further agree and covenant:

5.1.1      not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;

5.1.2      not to circumvent, violate, or breach the security of the Site including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures in an unauthorized manner; (c) restricting, disrupting, or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Site owner’s ability to monitor the Site; (f) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Site;

5.1.3      not to harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Site or customers of the Company,  including e-mail addresses, electronic addresses, phone numbers, names, photos, or similar personal information without the express consent of such users;

5.1.4      not to defame or disparage anybody or make comments of an obscene, derogatory, or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;

5.1.5      not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from, or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;

5.1.6      not to use the Site to distribute viruses or malware or other similar harmful software code;

5.1.7      not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and

5.1.8      that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.

 

5.2       We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.

 

6.   Account Setup and Security

 

6.1       Access to the Site and certain areas, features, services, or portions of the Site may require user registration, and may require you to create and use an account with a user identification and password (an “Account”). It is a condition of your use of the Site that all the information you provide on the Site and in registering your Account is correct, current, and complete. You agree to update such information on your Account as necessary to keep it accurate, current, and complete, including any payment information.

 

6.2       Users are required to ensure that all persons who access the Site through a user’s internet connection are aware of these Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Site.

 

6.3       Your registration of an Account and any submissions you make to the Site through any functionality such as applications, e-mail, message boards, profiles, bulletin boards, and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

 

6.4       Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an Account, your Account is personal to you and you agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your Account at the end of each session. You are responsible for any password misuse or any unauthorized access.

 

6.5       We reserve the right at any time to disable or terminate your Account, user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

 

6.6       You additionally agree that you shall not harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Site or customers of the Company, including e-mail addresses, electronic addresses, phone numbers, names, photos, and so on without the express consent of such users.

 

6.7       Persons under the age of majority in their jurisdiction are prohibited from registering an Account with the Company, any Account that is discovered to have been created or used by a minor shall be promptly suspended and deleted by the Company.

 

7.   Ownership, Use, and Intellectual Property Rights

 

7.1       This Site and all intellectual property rights in the Site including without limitation any Content, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world.

 

7.2       Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust, circumvent, or delete any intellectual property notices contained on the Site, or any digital rights or other security technology embedded or contained within any Site Content.

 

7.3       The Company name, brand, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. 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 such 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.

 

7.4       You may only use the Site for your personal and internal company 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 Site, in any form or medium whatsoever except:

 

7.4.1      your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and

7.4.2      a reasonable number of copies for personal or internal company 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.

 

7.5       Users are not permitted to modify copies of any materials from this Site, nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.  You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

 

7.6       If you print off, copy, or download any part of our Site in breach of these Terms and Conditions, your right to use the Site 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 Site or to any content on the Site, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

 

8.   Monitoring and Enforcement

 

8.1       The Company has the right, without provision of notice to:

 

8.1.1      Remove or refuse to post on the Site any User Submissions for any or no reason in our sole discretion;

8.1.2      At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Site and User Submissions and Site Content Standards or Terms and Conditions;

8.1.3      Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site;

8.1.4      Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms and Conditions;

 

8.2       YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

 

8.3       We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

 

9.   Accuracy of Information and Availability of the Site

 

9.1       The content on our Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction based on the content on our Site.

 

9.2       While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant, or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions, or is fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services, and other websites, which may be of interest. It does not constitute technical, financial, or legal advice, or any other type of advice and should not be relied on for any purpose.

 

9.3       While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant, or guarantee the Site's continued availability at all times, uninterrupted use, or consistency of information.

 

9.4       The information and material on this Site, and the Site, may be changed, withdrawn, or terminated at any time at our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.

 

10.        Hyperlinks and Third Party Sites

 

10.1    The Site may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials. Your use of a third party site may be governed by the terms and conditions of that third party site.

 

10.2    For your convenience, this Site may provide links or pointers to third party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third party sites, and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party sites.

 

10.3    Links to third party sites from the Site may include links to certain social media features that enable you to link or transmit on your own or using certain third party websites, certain limited content from this Site. You may only use these features when they are provided by us and solely with respect to the content identified. Such features and links to third party sites are subject to any additional terms and conditions as we or the third party may provide.

 

10.4    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Terms and Conditions. You agree to cooperate or immediately comply with our directions to stop any unauthorized framing or linking.

 

11.        Geographic Restrictions

 

The owner of the Site is based in the Province of Ontario in Canada. We provide this Website for use only by persons located in Canada. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada, you do so at your own risk, and you are responsible for compliance with local laws of your jurisdiction.

 

12.        Privacy and Cookies

 

12.1    By submitting your personal information and using our Site, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at (posted at https://stratosfy.io/legal/privacy-policy)as we deem necessary for use of the Site and provision of services.

 

12.2    By using this Site, you are consenting to the use of cookies, which allow a server to recall previous requests or registration and/or IP addresses to analyze Site use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Site may not function adequately. For more information on this automated information gathering practices, see https://stratosfy.io/legal/cookie-policy).

 

13.        Warranties and Disclaimers

 

13.1    You understand and agree that your use of the Site, its Content, and any services or items found or attained through the website is at your own risk.

 

13.2    You agree that your use of the Site is on an "as available" basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions, or other terms whether express or implied in relation to the provision of the Site , or any Content on the Site, including without limitation as to completeness, accuracy, currency, quality, or fitness for a particular purpose.

 

13.3    Neither the company nor its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the site or its contents. Without limiting the foregoing, neither the company nor its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors represent or warrant that the site, its content, or any services or items found or attained through the site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that our site or the server that makes it available are free of viruses or other harmful components.

 

13.4    We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the site will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the site 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 site or any services or items found or attained through the site or to your downloading of any material posted on it, or on any site linked to it.

 

13.5    To the maximum extent permitted by applicable law we exclude all liability, whether arising in contract, tort, breach of statutory duty, or otherwise, which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.

 

13.6    Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site, including the downloading or use of any Content, exceed the amounts you have paid to us in relation to your use of the Site or its Content.

 

13.7    Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.

 

14.        Limitation on Liability

14.1    EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS 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 YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED SITES OR SUCH OTHER THIRD-PARTY SITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

15.        Indemnification

 

15.1    To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, 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 or your use of the Site, including, but not limited to, your User Submissions, third-party sites, any use of the Site's content, services, and products other than as expressly authorized in these Terms and Conditions.

 

16.        Governing Law and Jurisdiction

 

16.1    The Site and these Terms and Conditions will be exclusively 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 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. 

 

16.2    Any action or proceeding arising out of or relating to this Site 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 all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

 

17.        General

 

17.1    These terms are dated 01-September-2020. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

 

17.2    Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at the address below, and all notices from us to you will be displayed on our website:

 

SnowM Incorporated, operating as Stratosfy,

2500, Solandt Rd, Suite 210

Ottawa, ON, K2K 3G5

 

17.3    We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including without limitation strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, or accident.

 

17.4    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.

 

17.5    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 failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

17.6    These terms and conditions together with the Privacy Policy and any applicable Additional Terms contain the entire understanding and agreement between us and you in relation to your use of the Site, and supersede and replace any representation, statement, or other communication, whether written or otherwise made by you or us, which is not contained herein. Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading.

 

17.7    You may not assign, sub-license, or otherwise transfer any of your rights and obligations in these terms to any other party, except with our prior consent in writing. We reserve the right to transfer or assign our rights and/or obligations under this Agreement at any time to any third party without notice.

 

17.8    The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

 

18.        Reporting and Contact

 

18.1    This Site is operated by SnowM Incorporated, operating as Stratosfy at 2500, Solandt Road, Suite 210, Ottawa, ON, K2K 3G5.

18.2    Should you become aware of misuse of the website, including libelous or defamatory conduct, you must report it to the Company at hello@stratosfy.io

18.3    All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to hello@stratosfy.io