General terms and conditions 

Bridgit Inc. (“Bridgit”) has developed proprietary on-line software and services which are made available for license, access and use by third party customers and their users (“Customers”) to assist in construction planning and management. These terms and conditions (“Terms of Use”) form an agreement between Bridgit and you, as a Customer or Customer User as part of a Platform and Services Agreement between Bridgit and the Customer (the “Agreement”), and governs all use of this website (the “Site”).

You acknowledge that you have carefully read and understood these Terms of Use before accessing or using the Site in any way through generally available interfaces including a web browser or applications for tablets or mobile phones. By using the Site, you are agreeing to be bound by and comply with these Terms of Use. If after reviewing these Terms of Use, you do not accept or agree to be bound by all of the terms and conditions contained herein, you shall not use or  access the Site in any way. As a condition of your use of the Site, you warrant that: (a) you have reached the age of majority in your jurisdiction of residence; (b) you possess the legal authority to create a binding legal obligation; and (c) you will use the Site in compliance with all Terms of Use. You may not enter into these Terms of Use and/or the Site, Content or any product of Bridgit if you are a competitor of Bridgit or any of its affiliates.

CHANGES TO THESE TERMS OF USE AND SITE

Except where prohibited by applicable law, Bridgit reserves the right to add, delete, amend or change any or all of the provisions contained in these Terms of Use at any time without notice. Any continued access to or use of the Site after any changes to these Terms of Use indicates a Customer’s acceptance of such changes. It is the sole responsibility of the Customer to review these Terms of Use on a regular basis. Bridgit reserves the right to modify, add or remove any information, material or content contained on the Site (the “Content“) at any time, without notice. As defined herein, “Content” includes any and all designs, infrastructure, graphics, pictures, illustrations, software, artwork, sound, names, words, titles, phrases, logos and marks displayed on the Site.

LICENSE AND USE OF THE SITE

Bridgit grants to the Customer a limited, non-exclusive, non-transferable license to view the screens and materials on the Site, and the Content and such other materials provided or made accessible by Bridgit and displayed therein, and to print such limited number of copies of such screens and materials as is reasonably necessary for the Customer’s internal business use.  Unless otherwise agreed in writing, the Site may only be used through Bridgit’s generally available interfaces (e.g., Bridgit’s website, applications for tablets and mobile phones or other applications that Bridgit may make available from time to time).

The Site is provided solely for the purpose of permitting Customers to (a) gather information about Bridgit and the services provided by Bridgit, (b) maintain Customer’s Bridgit account (if provided with one), (c) use such services as are made available by Bridgit through the Site, if authorized to do so by Bridgit, (collectively, the “Permitted Use”), and for no other purpose whatsoever.

RESTRICTIONS

You agree that you will not, without Bridgit’s prior written permission, use the Site or the Content for purposes other than the Permitted Use, and specifically will not, without Bridgit’s prior written permission:

a) “Frame”, “mirror” or otherwise incorporate the Site or the Content or any part thereof on any commercial or non-commercial website;

b) access, monitor or copy any Content using any data mining, robot, spider, scraper or other automated means or any manual process for any data gathering or extraction methods;

c) violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;

d) take any action that imposes, or may impose, in Bridgit’s discretion, an unreasonable or disproportionately large load on its infrastructure;

e) deep-link to any portion of the Site for any purpose;

f) modify, adapt, alter or translate any software underlying the Site;

g) use or copy the any software underlying the Site except as expressly allowed hereunder;

h) attempt to gain unauthorized access to the Services or Bridgit’s related systems or networks;

i) use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Site;

j) access the Site for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Site; or

k) use the Site for any purpose in violation of local, provincial, national or international laws.

You acquire absolutely no rights or license to the Site or the Content, other than the limited right to use the Site and the Content in accordance with these Terms of Use. While you may view the Site and Content through a web browser or other interface made generally available by Bridgit and make limited copies of information about services provided by Bridgit, as provided in the Permitted Use, you agree that no part of the Site or the Content may be copied, reproduced, modified, distributed, transferred, sold, published, broadcast, performed, transmitted, published, licensed or circulated in any form without the prior written consent of Bridgit. The coping, translation, creation of derivative work of, reverse engineering, reverse assembling, disassembling, or decompiling of the Site or any part thereof or otherwise attempting to discover any source code or modify the Site, without the prior written consent of Bridgit, is strictly prohibited.

Bridgit retains the right, at its sole discretion, to suspend and terminate use of the Site to any Customer, at any time for breach of any provisions of the Agreement, and including, but not limited to, violation of any of these Terms of Use. Customer shall immediately upon request by Bridgit cease using or accessing all or any part of the Site. Bridgit will not be responsible for any loss or damages whatsoever incurred as a result of any termination or suspension by Bridgit of use of the Site.

THIRD PARTY SITES

The Site may provide links to third party web sites. Bridgit does not endorse the information contained on those web sites or guarantee their merchantability, merchantable quality, title, non-infringement, security, reliability, completeness, quiet enjoyment, accuracy, quality, integration or fitness for a particular purpose. The content in any linked web site is not under Bridgit’s control, and if the Customer chooses to access any such web site, it is done entirely at Customer’s own risk.

VIRUSES

Downloading or using the Content is done at Customer’s own risk. Bridgit cannot and does not guarantee or warrant that the Site or the Content are compatible with any Customer’s computer system(s) or that the Site or the Content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. Customer is solely responsible for implementing safeguards to protect the security and integrity of all computer system(s), and for the entire cost of any service, repairs or connections of and to any computer(s) system that may be necessary as a result of Customer’s use of the Site.

OWNERSHIP

Bridgit expressly reserves all right, title and interest in and to the Site, Content and all other materials provided or made accessible by Bridgit hereunder, other than the license specifically granted to Customers as provided herein which shall include any update, adaptation, translation, improvement, customization or derivative work thereof, and all intellectual property rights therein, all of which will remain with Bridgit (or third party suppliers and licensors, if applicable) at all times. If a Customer acquires any such rights under these Terms of Use, Customer hereby assigns such rights without further action to, and waives any moral rights it may have in favour of, Bridgit.

COMMUNICATIONS NOT CONFIDENTIAL

Bridgit does not guarantee the confidentiality of any communications or other information transmitted by Customer to Bridgit, including communications made by email or information transmitted by any use of the Site. Bridgit may retain a copy of any such information for the purpose of and to the extent necessary for it to comply with applicable and legal, regulatory, and/or reasonable internal back-up or archival policies and requirements.

By submitting ideas, suggestions, documents, and/or proposals (“Feedback“) to Bridgit, Customer acknowledges and agree that:

a) Feedback does not contain confidential or proprietary information;

b) Bridgit is not under any obligation of confidentiality, express or implied, with respect to the Feedback;

c) Bridgit shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide;

d) Bridgit may have something similar to the Feedback already under consideration or in development;

e) Customer irrevocably assigns to Bridgit all right, title and interest in and to Feedback, and acknowledges it is not entitled to any compensation or reimbursement of any kind from Bridgit for any Feedback under any circumstances.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ANY USE OF, OR INABILITY TO USE, THE SITE AND CONTENT IS AT CUSTOMER’S SOLE RISK. THE SITE AND THE CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE”,  AND BRIDGIT DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE OR THE CONTENT, NOR ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT.  TO THE FULLEST EXTENT PERMITTED BY LAW, BRIDGIT HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY,  SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATIONOR FITNESS FOR A PARTICULAR PURPOSE. BRIDGIT DOES NOT WARRANT THAT THE SITE OR THE CONTENT WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. 

TO THE FULLEST EXTENT PERMITTED BY LAW, BRIDGIT ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS DISCLAIM ALL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR UNDER THIS AGREEMENT INCLUDING FOR ANY CLAIM RELATED IN ANY WAY TO CUSTOMER’S USE OF, OR INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATIONANY (I) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) LOSS OF PROGRAMS OR DATA, (III) LOSS OF USE, (IV) PERSONAL OR PROPERTY DAMAGE, (V) FINES, FEES, PENALTIES, OR (VI) ANY OTHER LOSSES OR DAMAGES, WHETHER OR NOT BRIDGIT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL BRIDGIT’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES TO CUSTOMER OR ANY OTHER ENTITY IN CONNECTION WITH OR UNDER THIS AGREEMENT EVER EXCEED THE AGGREGATE FEES PAID BY CUSTOMER TO BRIDGIT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE LIABILITY AROSE.. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitations outlined above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

INDEMNIFICATION

Customer agrees to defend, indemnify and hold harmless Bridgit, its employees, officers, directors, shareholders, agents and affiliates against any and all liability (including damages, recoveries, deficiencies, interest, penalties and reasonable legal fees) arising out of claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (a) Customer breach of any one or more obligations, representations and warranties under the Terms of Use or any documents referenced in it; (b) Customer violation of any law or the rights of a third party; or (c) Customer use of the Site.

GOVERNING LAW AND JURISDICTION

These Terms of Use and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. These laws apply to any access to or use of the Site or the Content, notwithstanding a Customer’s domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where they may lawfully be offered for use. Except as restricted by applicable law, Customer hereby consents to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Site or Content.

“Bridgit” is either a registered or unregistered trade-mark of Bridgit Inc. in Canada and other jurisdictions. Other logos and product and company names mentioned on the Site may be the trademarks of third party owners.  Unauthorized use of any trademarks is strictly prohibited.

All contents of this Site are: © 2019 Bridgit Inc.