Data Protection Addendum
Last Update: April 20, 2023
Website and Hosted Applications
Last Update: June 21, 2022
Please read these terms carefully before using the Website and the Block 64 Hosted Application
The Hosted Application and Website are protected by Canadian, United States and international copyright laws and copyright treaties as well as other intellectual property laws and treaties.
Grant of Rights Limitations
User obtains no right, title or interest in the Hosted Application (including any associated materials), or any right, title or interest to any intellectual property rights in the Hosted Application. All title, copyright, intellectual property rights in and full ownership of the Hosted Application shall remain with Block 64. For greater clarity, the Intellectual property rights include, but are not limited to, the “look and feel” of the Hosted Application.
User agrees it shall not attempt to modify, reverse engineer, decompile, or disassemble the Hosted Application or any elements thereof or take any other steps to discover the source code, trade secrets or confidential information in the Hosted Application or publish or disclose to any third party the results of any benchmark tests or other evaluation run or use on the Hosted Application.
User may not use any process or device to circumvent any controls or gain unauthorized or unlawful access the Hosted Application or any portion of the Website or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
User may not probe, scan or test the vulnerability of the Website or the Hosted Application, nor breach the security or authentication measures connected to the Website or Hosted Application.
User may not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Hosted Application or Website.
Registration, Passwords and Security
To access and use the Block 64 Combine, Users must first register as instructed by Block 64. Block 64 will assign User access permissions to log in. User may log into and use the Block 64 Combine to report, analyze and/or manage IT asset data.
User is entirely responsible for maintaining the confidentiality of the access permission information for User’s account, including password, and for any and all activity that occurs under User’s account as a result of failure to keep this information secure and confidential. User agrees to notify Block 64 immediately of any unauthorized use of User’s account or password, or any other breach of security.
Limitations of Liability
BLOCK 64 DOES NOT WARRANT THAT: THE HOSTED APPLICATION WILL BE UNINTERUPTED OR ERROR FREE, THAT ALL ERRORS IN THE HOSTED APPLICATION WILL BE CORRECTED, THAT THE HOSTED APPLICATION WILL RUN ON ALL HARDWARE, OR IDENTIFIES ALL KNOWN BUGS AND FLAWS. THE HOSTED APPLICATION IS PROVIDED ON AN “AS IS” BASIS, AND BLOCK 64 DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. BLOCK 64 MAKES NO REPRESENTATION WITH RESPECT TO THE ADEQUACY OF THE HOSTED APPLICATION WITH RESPECT TO ITS ADEQUACY TO PRODUCE ANY PARTICULAR RESULT. BLOCK 64 SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR THE USE OF THE HOSTED APPLICATION BY YOU.
USER’S SOLE REMEDY AGAINST BLOCK 64 FOR DISSATISFACTION WITH THE HOSTED APPLICATION IS TO STOP USING THE HOSTED APPLICATION. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES FOR USER’S USE OF THE HOSTED APPLICATION AND WEBSITE.
Block 64 will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage which may be suffered by User arising out of the use or failure to use the Hosted Application.
The disclaimer set out in this Section 4 applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
User agrees to indemnify and hold Block 64, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Block 64 by any third party due to or arising out of or in connection with User’s use of the Hosted Application and/or Website.
Confidential Information and Data Protection
Block 64 agrees to protect User’s confidential information (“Confidential Information”) and to use the same degree of care to safeguard the Confidential Information as Block 64 uses for its own similarly confidential information and in accordance with the Block 64 Data Security Policy. Block 64 shall not collect, process or store any Confidential Information other than is expressly required for the purposes of providing analysis and recommendations pertaining to the current IT infrastructure environment of User. Block 64 will not disclose any Confidential Information of User or any User’s client data without prior written consent, other than to those employees, contractors, agents, subcontractors or representatives of Block 64 who have a need to know such Confidential Information for the purposes of carrying out Block 64’s services.
The Hosted Application may contain software or other materials licensed from third parties All trademarks are the property of their respective owners. These Terms supersedes any other understandings relating thereto.
All notices to Block 64 can be sent by email to firstname.lastname@example.org