Our Terms of Use

Acceptance

It is important that you read all the following terms and conditions carefully.

This Terms of Use Agreement (“Agreement”) is a legal agreement between you and Stephen O’Keefe and Bottom Line Matters™ , the owner and operator (“Owner”) of this Website (the “Website”).

It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement.

If you do not accept these terms and conditions, you must not access or use the Website.

The Owner may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.

Your registration obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada, or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bottom Line Matters™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bottom Line Matters™ has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Member account, password, and security

You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Bottom Line Matters™ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Bottom Line Matters™ cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Member conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Bottom Line Matters™ , are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Bottom Line Matters™ does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Bottom Line Matters™ be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a Bottom Line Matters™ official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event , however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to, regulations promulgated by the Canadian Securities Administration, any rules of any national or other securities exchange, including, without limitation, the Toronto Stock Exchange, and any regulations having the force of law;
12. “stalk” or otherwise harass another; and/or
13. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that Bottom Line Matters™ may or may not pre-screen Content, but that Bottom Line Matters™ and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Bottom Line Matters™ and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, including without limitation information in message boards and in all other parts of the Service.

You acknowledge, consent, and agree that Bottom Line Matters™ may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Bottom Line Matters™, its principals, employees, associates, affiliates, users, and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Bottom Line Matters™ and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Description of service

Bottom Line Matters™ provides users with access to a rich collection of resources, including various business cases, policies, procedures, historical recollections and personalized content through its network of properties which may be accessed through any medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Bottom Line Matters™ to provide the Service. You also understand and agree that the Service may include certain communications from Bottom Line Matters™, such as service announcements, administrative messages, and newsletter(s), and that these communications are considered part of your membership.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Bottom Line Matters™ properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Bottom Line Matters™ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Legal counsel

Do NOT use the Website for legal opinion or legal advice. If you require legal advice, you should retain and instruct counsel independent of the legal position you assume to be accurate as a result of content posted within this site.

General information and standard operating practice is not legal advice

The general information provided on the Website is for informational purposes only and is not professional legal advice, nor is it intended to be a substitute, therefore, always seek the advice of independent counsel or law enforcement within the jurisdiction concerning any questions you may have regarding any information obtained from this Website and any legal direction you believe may be relevant to you or to someone else.

Never disregard professional legal advice or delay in seeking it because of something you have read on this Website.

Always consult with independent counsel before embarking on a new initiative governed by law.

No solicitor/client privilege relationship

The presentation of general information on the Website does not establish a solicitor/client relationship between you and the Owner (or any of its employees) and is not intended as legal counsel or advice to you.
No endorsements

Unless specifically stated, the Owner does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the Website.

Disclaimer of warranties

The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While the Owner endeavours to provide information that is correct, accurate, current, and timely, the Owner makes no representations, warranties, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, or covenant that (a) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose; (b) the Website or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (c) that the operation of the Website will be uninterrupted or error-free; (d) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (e) that the Website will be free from viruses or harmful components; and (f) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.

Limitation of liability

In no event shall the Owner, its employees, officers, directors, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website or the Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise.

The foregoing limitation shall apply even if the Owner knew of or thought to have known of the possibility of such damages.

The Owner also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”).

Under no circumstances shall the Owner, its officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from; (a) the acts, omissions, or conduct of any third-party; and (b) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise.

The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.

Dealings with advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Bottom Line Matters™ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Links

The Service may provide, or third parties may provide, links to other websites or resources. Because Bottom Line Matters™ has no control over such sites and resources, you acknowledge and agree that Bottom Line Matters™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Bottom Line Matters™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Use prohibited where contrary to law

Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.

Special admonitions for international use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or to the country in which you reside.

Bottom Line Matters™ does not solicit business outside of Canada but can not reasonably prevent purchase of subscriptions from customers residing outside of Canada. Tax remittance for subscribers residing outside of Canada shall be the responsibility of the subscriber and Bottom Line Matters™ will n to and can not collect or remit taxes for countries in which it does not operate.

Special admonition for services relating to financial matters

The Service is provided for informational purposes only, and neither the Service nor the Content included in the Service is intended for trading or investing purposes. Bottom Line Matters™ and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

No third-party beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

Notice and procedure for making claims of copyright or intellectual property infringement

Bottom Line Matters™ respects the intellectual property of others, and we ask our users to do the same. Bottom Line Matters™ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be intentional or repeat infringers.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Bottom Line Matters™’ IP agent the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorized to act on his or her behalf:
a. a description of the copyrighted work or other intellectual property that you claim has been infringed;
b. a description of where the material that you claim is infringing is located on the site;
c. your address, telephone number, and email address;
d. a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
e. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may give the above notice to Bottom Line Matters™’ IP agent via Bottom Line Matters™ administrative offices:
By email:
admin@blmorg.com

Governing law and jurisdiction

The Website is operated by the Owner from its offices within the province of Ontario, Canada. Stephen O’Keefe is an independent consultant retained at times by clients engaging in or supporting retail operations. You agree that all matters relating to your access or use of the Website and its Content shall be governed by the laws of the province or territory of Ontario and the laws of Canada
applicable therein, without regard to conflict of laws
principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the province of Ontario with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the province of Ontario.

Waiver

Any consent by the Owner to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.

Trademark information

All logos, product and service names related to these TOS are trademarks related to Bottom Line Matters™. Without Bottom Line Matters™’ prior permission, you agree not to display or use in any manner the Bottom Line Matters™ trademarks.

Bottom Line Matters™ proprietary rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise provided or expressly authorized by Bottom Line Matters™, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.

No resale of service

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your membership ID), use of the Service, or access to the Service.

Content submitted or made available for inclusion on the service

Bottom Line Matters™ does not claim ownership of Content you submit or make available for inclusion on the Service, however, with respect to Content you submit or make available for inclusion on publicly-accessible areas of the Service, you grant Bottom Line Matters™ and its Affiliate Companies the following worldwide, royalty-free, and non-exclusive license(s), as applicable:

* With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly-accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service. This license exists only for as long as you elect to continue to include such Content on the Service and terminates at the time you or Bottom Line Matters™ removes such Content from the Service.

* With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly-accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

“Publicly accessible” areas of the Service are those areas of the Bottom Line Matters™ network of properties that are intended by Bottom Line Matters™ to be available to the general public.

General practices regarding use and storage

You acknowledge that Bottom Line Matters™™ may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Bottom Line Matters™’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Bottom Line Matters™ has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Bottom Line Matters™ reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Bottom Line Matters™ reserves the right to modify these general practices and limits from time to time without notice.

Indemnity

You agree to indemnify and hold Bottom Line Matters™ and its Affiliate Companies, and their officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

Severability

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

Modifications to service

Bottom Line Matters™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Bottom Line Matters™ shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason.

Termination

You agree that Bottom Line Matters™ may, in its sole discretion and without prior notice, immediately terminate your account, deny access to any and all associated Content entered by you or related parties, and deny access to the Service for reasons that include, but are not limited to:

(a) breaches or violations of the TOS or other incorporated agreements or guidelines;

(b) requests by law enforcement or other government agencies;

(c) a request by you (self-initiated account deletions);

(d) discontinuance or material modification to the Service (or any part thereof);

(e) unexpected technical or security issues or problems;

(f) extended periods of inactivity;

(g) engagement by you in fraudulent or illegal activities; and/or

(h) nonpayment of any fees owed by you in connection with the Services.

Termination of your account includes:

(a) removal of access to all offerings within the Service,

(b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and

(c) barring of further use of the Service.

The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement shall survive termination of this Agreement.

Further, you agree that Bottom Line Matters™ shall not be liable to you or any third party for any such termination of your account, any associated email address, or access to the Service.

General information – entire agreement

This is the entire Agreement between you and the Owner relating to your access and use of the Website. The TOS constitutes the entire agreement between you and Bottom Line Matters™ and governs your use of the Service, superseding any prior agreements between you and Bottom Line Matters™ with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Bottom Line Matters™ services, affiliate services, third-party content, or third-party software.

Choice of Law and Forum

The TOS and the relationship between you and Bottom Line Matters™ shall be governed by the laws of Ontario, Canada without regard to any principles of conflicts of law. You and Bottom Line Matters™ agree to submit to the personal and exclusive jurisdiction of the courts sitting in and for the region of Halton.

Waiver and Severability of Terms

The failure of Bottom Line Matters™ to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Bottom Line Matters™ account is non-transferable and any rights to your membership ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Notice

Questions or comments regarding the Website should be directed by email to admin@blmorg.com

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Our Terms of Use

Acceptance

Your registration obligations

Member account, password, and security

Member conduct

Description of service

Legal counsel

No solicitor/client privilege relationship

Disclaimer of warranties

Limitation of liability

Dealings with advertisers

Links

Use prohibited where contrary to law

Special admonitions for international use

Special admonition for services relating to financial matters

No third-party beneficiaries

Governing law and jurisdiction

Waiver

Trademark information

Bottom Line Matters™ proprietary rights

No resale of service

Content submitted or made available for inclusion on the service

General practices regarding use and storage

Indemnity

Severability

Modifications to service

Termination

General information – entire agreement

Choice of Law and Forum

Waiver and Severability of Terms

Statute of Limitations

Notice

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