These are the Terms and Conditions of Service (the "Terms") for the internal MKMSSync app used to export MKMS data and generate monitoring Invoices and Payments in Quickbooks. These Terms shall supplement our Privacy Policy (the "Policy"), incorporated herein by reference https://qbexport.columbiasecuritygroup.com/privacy/.
The Site and appertaining products and services are provided by Columbia Security Systems & Surveillance Inc. ("Columbia Security"). The terms 'us', 'its', 'ours' and/or 'we', as used herein, refer to us, Columbia Security and/or our affiliates, assignees, successors and/or brands. As used herein, the terms 'you', 'your', and/or 'yourself' refer to you, a user/visitor/browser of our Site, whether registered under an account or not.
If you continue to browse and use Columbia Security, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern Columbia Security's relationship with you in relation to the Site, along with any products and services offered thereby.
Columbia Security reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site, the Products and the Services, at any time and without notice. Any changes will be displayed in the Site, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
If you have any questions or complaints regarding the Site, the Products or the Services, please contact us as indicated in our contact web page https://www.columbiasecurity.ca/contact. We will undertake our commercially reasonable efforts in order to respond as quickly as possible. You must provide us full details of your service query so that we can clearly identify your issue of concern.
In order to use our Products or Services, you may need to create an account, including all mandatory fields on the registration form. You must provide accurate and complete information. You agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach of security or unauthorized use of your account.
You are solely responsible for the activity that occurs in your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password.
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site, the Products or the Services are the property of –or otherwise are licensed to– Columbia Security or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.
For ease of understanding, 'intellectual property rights' shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States of America and other applicable jurisdictions.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site, the Products or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
Representations and Warranties.
You hereby represent, warrant and covenant that: (i) your use of our Site, Products and Services, and all your uploaded and used data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; and (ii) you have obtained all necessary rights, releases and permissions to provide any data to Columbia Security and its affiliates, licensors and agents and to grant the rights granted to Columbia Security in these Terms, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies.
The term hereof shall begin on the date that comes first among: (i) first access to the
Site; (ii) your first access or execution of any Products or Services; or (iii) Columbia Security begins
providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account
deactivation, suspension, freezing or deletion of any Products or Services; (ii) access termination or
access revocation for our Services, Products; (iii) Columbia Security's termination of these Terms, at its
sole
and final discretion; (iv) the termination date indicated by Columbia Security to you from time to time; or
(v)
Columbia Security's decision to make the Site, the Products or the Services no longer available for use, at
its
sole and final discretion.
Neither Columbia Security, nor its affiliates, subsidiaries, officers, employees and agents
warrantee that the Site, the Products or the Services will be error-free, uninterrupted, secure, or
produce
any particular results. No advice or information given by Columbia Security or its employees,
affiliates,
contractors and/or agents shall create a guarantee. The Site, the Products and the Services have
not
been completely tested in all situations or devices, and they may or will contain operational
malfunctions,
errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or
defects.
To the fullest extent permissible under applicable law, the Site, the Products and the
Services are provided to you "as is", with "all faults" and "as available", without warranty of any
kind,
without performance assurances or guarantees of any kind, and your use is at your sole risk. No
oral
or written advice provided by Columbia Security, its affiliates, clients, agents, officers, licensors,
distributors and/or any authorized representative, shall create any implied warranty, nor will they be
responsible for any actions or omissions of yours regarding the use of the Products and Services, such
as
incorrect input, format or backup of data and metadata, lost data or corrupted data.
The entire risk of satisfactory quality and performance resides with you.
Columbia Security, and its affiliates, clients, agents, officers, licensors and/or distributors, do
not
make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute,
common
law, custom, usage of trade, course of dealing or otherwise, however arising, including implied
warranties
of description, quality, fitness for a particular purpose, operation, integration, adequacy,
suitability,
title, non-infringement, non-interference with use and/or enjoyment.
In no event shall Columbia Security, its affiliates, clients, agents, officers, licensors,
distributors and/or any authorized third party, be held liable for any special, indirect, incidental or
consequential damages, including losses, costs or expenses of any kind resulting from possession,
access,
use or malfunction of the Site, the Products or the Services, including but not limited to, loss of
revenue,
profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of
or
related thereto, whether arising in tort (including negligence), contract, strict liability or other
legal
or equitable theory and whether or not Columbia Security, its affiliates, clients, licensors and/or
distributors
have been advised of the possibility of such damages.
In no event shall Columbia Security's, or its affiliates', clients', licensors' and/or
distributors' liability for all damages (except as required by applicable law) exceed the amount of
CAD$20.00 (Twenty Canadian Dollars); and henceforth any award for direct, provable damages shall not
to exceed such total amount.
These Terms provide you specific legal rights, and you may have other rights that may
vary
from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain
limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent
permitted by law in the applicable jurisdiction. For purposes of this limitation of liability,
Columbia Security's affiliates, licensors and distributors are third party beneficiaries to the limitations
of
liability specified herein and they may enforce these Terms against you.
If you have any questions or queries about us, the Site, the Products, our Services, or
these Terms, please contact us as indicated in our contact page: https://www.columbiasecurity.ca/contact.