Terms of Service

(Last modified on May 9, 2022)

1. Welcome; Acceptance and Modifications; Contacting Us

Welcome to the GOTV Command Centre Services. We thank you for choosing to use the GOTV Command Centre.

By visiting the GOTV Command Centre and / or using the Services, you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the GOTV Command Centre or Services, and if you are using the application, you should stop and close the application immediately. The TOU are a legal and binding agreement between you and us.

If you are accepting or agreeing to these TOU on behalf of an organization or other legal entity, you represent and warrant that you have the authority to bind that organization or other legal entity to these TOU and, in such event, "you" and "your" will refer and apply to that organization or other legal entity.

Data Sciences (the owner and operator of the GOTV Command Centre) reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the GOTV Command Centre or the Services following the posting of any changes to the TOU constitutes acceptance of those changes. If there are any significant changes to the TOU that materially affect your relationship with us, we will use commercially reasonable efforts to notify you by posting a prominent notice on the GOTV Command Centre.

The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the GOTV Command Centre and Services.

If you have any questions about the TOU, please contact:

Data Sciences Legal

legal@datasciences.ca

or:

Data Sciences Legal

423, rue Saint-Nicolas, Suite 400

Montreal, QC

H2Y 2P4

If you have any questions about the GOTV Command Centre itself, please contact the Help Desk for your Party.

2. Definitions

These TOU cover several different situations, so please refer to the following definitions for clarification:

“Data Sciences” refers to Data Sciences Inc., a corporation in the Province of Quebec, Canada. Where the present TOU refer to “Data Sciences”, they may refer to Data Sciences and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Data Sciences.

“GOTV Command Centre” or “Site” refers to the GOTV Command Centre located at the URL http://gotvapp.ca/ which is owned and operated by Data Sciences, and includes all subpages, present and future.

“Services” are the software services that Data Sciences has developed and / or licensed that allow you to use the GOTV Command Centre, and related functionalities.

“Users” refers to anyone visiting the GOTV Command Centre or using the Services. In these TOU, a GOTV Command Centre visitor or Services User may also be referred to as “you”.

Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy, and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy.

3. General Code of Conduct for Use of the GOTV Command Centre and Services

In addition to the more specific prohibitions found elsewhere in these TOU, by visiting the GOTV Command Centre and / or using the Services, you agree to:

  1. Not use the GOTV Command Centre or Services in any manner that in any way violates these TOU or any other applicable policy posted on the GOTV Command Centre by Data Sciences;
  2. Not use the GOTV Command Centre or Services in any manner that violates any intellectual property rights of Data Sciences or any third party;
  3. Not use the GOTV Command Centre or Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing GOTV Command Centre;
  4. Not use the GOTV Command Centre or Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Data Sciences or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of Data Sciences, other Users, or any other third party;
  5. Not: (1) take any action that imposes or may impose (as determined by Data Sciences in its sole discretion) an unreasonable or disproportionately large load on Data Sciences’ (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the GOTV Command Centre or Services or any activities conducted through the Services; (3) bypass any measures Data Sciences may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the GOTV Command Centre or Services; or (5) harvest or scrape any content from the GOTV Command Centre or Services in an unreasonable manner;
  6. Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the GOTV Command Centre or Services;
  7. Not use the GOTV Command Centre or Services to in any way collect information (whether Personal or not) of any third party or in violation of Data Sciences’ Privacy Policy;
  8. Not interfere with any third party’s use or enjoyment of the GOTV Command Centre or Services;
  9. Not make improper use of our support services or submit false reports of abuse or misconduct.
  10. Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
  11. Not attempt to do any of the foregoing prohibitions;
  12. Use the GOTV Command Centre and Services in good faith, and in compliance with all applicable local, provincial, national, and international laws.

4. User Registration

You may be required to access the Services using your Google Account. Only your name and email address are shared with us. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove your access to the Site if we determine, in our sole discretion, that your user information is inappropriate, obscene, or otherwise objectionable.

5. User Generated Contributions

The Site does not enable users to submit or post content, though we may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

6. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

7. Confidentiality

“Confidential Information” means any and all information of a confidential nature that is disclosed either directly or indirectly, in writing, orally or by inspection of tangible objects, by the “Disclosing Party” to the “Receiving Party”. In the case of Data Sciences, Confidential Information includes methods, software, technologies, practices, reports, reports and procedures employed by Data Sciences in the course of offering the Services or any of its obligations under these TOU, including but not limited to in the course of the delivery of any Services. The Receiving Party shall not: (a) use the Disclosing Party’s Confidential Information except as reasonably necessary to exercise its rights or perform its obligations under these TOU; or (b) disclose the Disclosing Party’s Confidential Information to any third party except to those of its employees and subcontractors that need to know such Confidential Information for the purposes of the TOU, provided that each such employee and subcontractor is subject to confidentiality obligations not materially less protective than those of this Section 7. The Receiving Party will use all reasonable efforts to maintain the confidentiality of all Confidential Information of the other party in its possession or control.

  1. For the avoidance of doubt, you acknowledge that the reports constitute Data Science’s Confidential Information and said reports shall only be shared on your LPC Campaign Dashboard.
  2. The confidential obligations of both parties will remain in effect for as long as the information is deemed confidential by the Disclosing Party.

8. Proprietary Rights

a. Intellectual Property RightsYou acknowledge that: (a) the GOTV Command Centre and Services contain proprietary and confidential information that are protected by applicable intellectual property and other laws, and (b) Data Sciences and/or third parties (via license) own all right, title and interest in and to the GOTV Command Centre and Services and content that may be presented or accessed through the GOTV Command Centre and Services, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to Data Sciences and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, whether registered or not, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the GOTV Command Centre or Services, or content that may be presented or accessed through the GOTV Command Centre or Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the GOTV Command Centre or Services; or (iii) remove, obscure, or alter Data Sciences’ or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the GOTV Command Centre or Services.

The content, arrangement and layout of the GOTV Command Centre and Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Data Sciences, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Data Sciences, or as permitted by the functionality of the Services or these TOU. Any unauthorized use of the content, arrangement or layout of the GOTV Command Centre or Services, Computer Code, images, logos, videos, audio or trademarks found in the GOTV Command Centre or Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Data Sciences may take action accordingly.

The above paragraph further applies to third party property used as part of the Services or GOTV Command Centre, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

b. Submitted Information

If you choose to communicate to Data Sciences (via any means) suggestions for improvements to the GOTV Command Centre or Services or Data Sciences’ business generally (collectively, “Feedback”), Data Sciences shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Data Sciences and waive in favor of Data Sciences, its successors and assigns all your moral rights in the Feedback, and agree to provide Data Sciences such assistance as Data Sciences may require to document, perfect, and maintain Data Sciences’ rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Data Sciences, you are not entitled to any compensation or reimbursement of any kind from Data Sciences under any circumstances.

9. Interruption of Service

From time to time, the GOTV Command Centre or Services (or any portion thereof), may be unavailable for brief periods of time for maintenance and / or modifications to the GOTV Command Centre or Services. While we will endeavour to make this unavailability as brief as possible, Data Sciences and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the GOTV Command Centre or Services, and disclaims any responsibility thereto.

10. Suspension or Termination of your Access to the GOTV Command Centre; Termination of the Services and the TOU

You agree that Data Sciences, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, or otherwise suspend or terminate your access to or use of the GOTV Command Centre and / or Services (or any portion thereof), immediately and without notice, for any reason, including, without limitation, if Data Sciences believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.

Data Sciences may also, in their sole discretion and at any time, discontinue providing the GOTV Command Centre and / or Services, or any portion thereof, with or without notice. You agree that Data Sciences shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the GOTV Command Centre or Services, or from Data Sciences’ termination of the GOTV Command Centre and / or Services or any part thereof.

Termination of the GOTV Command Centre and / or Services or your access to the GOTV Command Centre and / or Services shall terminate the present TOU as between you and Data Sciences. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

11. External Links

From time to time Data Sciences may provide links to other websites or services. Links from the GOTV Command Centre or Services may take you to websites or services not covered by these TOU. When you access third-party resources on the Internet in this manner, you do so at your own risk. Data Sciences provides those links as a convenience to you and Data Sciences takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. Data Sciences does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites (whether for free or for purchase) or the third parties operating those websites.

In no way will Data Sciences or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the websites or Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

12. Disclaimer of Warranties

You expressly understand and agree that your use of the GOTV Command Centre or Services, the information or material thereon (whether provided by Data Sciences or third parties) or any activity arising from your use of the GOTV Command Centre or Services or the information thereon or the materials streamed or downloaded therefrom is at your sole risk. The GOTV Command Centre and Services, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer or device or loss of data that results from the download or access of any material obtained through the use of the GOTV Command Centre or Services or any other functionalities of the Services, or losses or damages (pecuniary or otherwise) resulting from (i) your use of the GOTV Command Centre or Services, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the GOTV Command Centre or Services or the information thereon or any materials downloaded therefrom.

The information or resources provided on the GOTV Command Centre or through the Services, written or produced by Data Sciences staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the GOTV Command Centre or Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and Data Sciences and / or its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the GOTV Command Centre or Services.

Data Sciences expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the GOTV Command Centre or Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Data Sciences and its Representatives do not warrant that: (i) the GOTV Command Centre and Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the GOTV Command Centre or Services is free of viruses or other harmful components; (iv) functionalities of the Services will work equally in desktop and handheld or tablet device environments; or (v) the results of using the GOTV Command Centre or Services, or any activity arising therefrom, or any content downloaded therefrom will meet your requirements.

13. Limitation of Liability

Data Sciences shall not be liable and assumes no responsibility for any loss or damages arising from or relating to the information available through the GOTV Command Centre or Services or downloaded therefrom, the use of the GOTV Command Centre or Services, activities arising from your use of the Services, or any third-party materials on the GOTV Command Centre or available through the Services.

To the maximum extent permitted by law, in no event will Data Sciences or it Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the GOTV Command Centre or Services or your use, misuse or inability to use the GOTV Command Centre or Services, even if Data Sciences has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.

14. Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by Data Sciences or its Representatives, you agree to indemnify, defend and hold harmless Data Sciences and its Representatives, or its affiliates and their Representatives, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the GOTV Command Centre or Services or the information thereon or information or materials downloaded therefrom; (ii) your participation in any activities arising from the Services , the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

15. Governing Laws and Jurisdiction

These TOU, and your use of the GOTV Command Centre and Services shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Data Sciences shall be brought exclusively in the courts located in the Judicial District of Montreal, Canada. Notwithstanding the foregoing, Data Sciences shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.

16. Miscellaneous Provisions

  1. The TOU in conjunction with the Privacy Policy constitutes the entire agreement between you and Data Sciences with respect to your use of the GOTV Command Centre and Services, superseding any prior agreements between you and Data Sciences, its predecessors, affiliates or subsidiaries.
  2. Data Sciences shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Data Sciences’ reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
  3. If any provision of the TOU or Privacy Policy 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 TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
  4. The failure of Data Sciences to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to Data Sciences.
  5. The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.
  6. The parties acknowledge having expressly required that these TOU and the Privacy Policy are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique de confidentialité soient rédigées en anglais.

© Data Sciences Inc. 2022