By visiting pitchgreen.com, you are consenting to our terms and conditions.
Pitchgreen.com is owned and operated by Pitchgreen Communications Limited and its successors and/or assigns, collectively “Pitchgreen”, “we”, “us”, or “our.”
Pitchgreen agrees to furnish services to you subject to the following Terms and Conditions. Use of our website, the “Site”, constitutes acceptance and agreement to these Terms and Conditions.
These Terms and Conditions apply to all site visitors and all other users of the site. By using the Site you agree to these Terms and Conditions, without modification, and acknowledge reading them.
We periodically update these Terms and Conditions, and let Subscribers know by email. However, Pitchgreen reserves the right to modify these Terms and Conditions without notice.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Effect of headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Use of services
You may use our services (the “Services”), provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of Canada or other jurisdictions. You must have the requisite power and authority to enter into these Terms and Conditions. Anyone under the age of 18 is prohibited from using the Site. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of your interaction with the Site. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You must not impersonate someone else or provide account information or an email address other than your own. You may not fraudulently use credit card numbers or participate in identity theft on the Site.
Your account must not be used for any illegal or unauthorized purpose. You agree to immediately notify Pitchgreen of any unauthorized use of your account or any other breach of security. Pitchgreen will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
The technology referred to in the Site is subject to change and we make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the Content.
Refusal of service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Site or Service.
Our intellectual property
The Site and Service contain intellectual property owned by Pitchgreen, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Pitchgreen. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Pitchgreen participates in affiliate programs. Should you purchase an item from an entity, which has an affiliate program we participate in, Pitchgreen may receive a payment from the supplier. We select each individual advertiser included on this website. Only those advertisers that mutually agree and approve to being used on our website appear within our site. We assume no liability, responsibility or obligation in relation to the advertisers, affiliates and/or sponsors. You assume responsibility and liability for any actions you take in relationship to advertisers, affiliates and/or sponsors. We make a reasonable effort to clearly show who is an advertiser by using the term “(paid ad)” before a link, and not all links on the site are advertiser affiliate links. Users must assume that any and all linked content is commercial advertiser affiliate content that provides commercial monetary compensation to Pitchgreen.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, legal fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Governing law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the Province of Saskatchewan, Canada. The exclusive venue for any arbitration based on or arising out of this Agreement shall be the City of Regina, SK. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The Better Business Bureau of Regina, Saskatchewan or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of litigation expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, Pitchgreen shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which we may be entitled. Should the legal action or any arbitration or other proceeding find Pitchgreen at fault, Pitchgreen will pay you one (1) dollar CAD as the sole remedy.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Pitchgreen will impose fees; and/or pursue civil remedies without providing advance notice.
Our services may only be used for lawful purposes. Transmission of data or material in violation of Canadian or provincial regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights; uploading, posting, emailing, transmitting or otherwise making available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or harmful to minors in any way. Pitchgreen’s services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Pitchgreen or our users.
You acknowledge, consent, and agree that Pitchgreen may access, preserve and disclose your account information 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 Terms and Conditions; (c) respond to your requests for customer service; or (d) protect the rights, property, or personal safety of Pitchgreen, its principals, employees, associates, affiliates, users, and the public.
You understand that the technical processing and transmission of the Service 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 Pitchgreen 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.
All logos, product, and service names related to these Terms and Conditions are trademarks of Pitchgreen (the “Pitchgreen Digital Marks”). Without Pitchgreen’s prior permission, you agree not to display or use in any manner the Pitchgreen Digital Marks.
Account cancellation or suspension
Pitchgreen reserves the right to suspend service to anyone for any or no reason, with reasonable notice as outlined below. Pitchgreen also reserves the right to suspend access to any user if, in Pitchgreen’s judgment, the user violates any of the other Terms and Conditions or for any other reason which Pitchgreen chooses.
Limitation of liability
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Pitchgreen, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the user agrees that Pitchgreen shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Pitchgreen. The user further acknowledges that Pitchgreen’s liability for its own negligence may not, in any event, exceed an amount equivalent to charges payable by user for services during the period damages occurred. In no event shall Pitchgreen be liable for any special or consequential damages, loss or injury. Pitchgreen is not responsible for any damages you or your business or your organization may suffer. Pitchgreen does not make implied or written warranties for any of our services. Pitchgreen denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Pitchgreen.
Disclosure to law enforcement
The Terms and Conditions specifically prohibit the use of our service for illegal activities. Therefore, the user agrees that Pitchgreen may disclose any and all subscriber information, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the user. In addition, Pitchgreen shall have the right to terminate all service set forth in this Agreement.
You agree that your use of Pitchgreen shall be at your sole risk. All services provided by Pitchgreen are available as is, without warranty.
By agreeing to the Pitchgreen Terms and Conditions, you indemnify Pitchgreen for any violation of the Terms and Conditions that results in loss to Pitchgreen or the bringing of any claim against Pitchgreen by any third party. This means that if Pitchgreen is sued because of a user’s or a user-of-a-user’s activity, the user will pay any damages awarded against Pitchgreen, plus all costs and reasonable legal fees.
Pitchgreen digital 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 Pitchgreen, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service 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, use of the Service, or access to the Service.
You agree that Pitchgreen may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, or postings on Pitchgreen’s media outlets such as pitchgreen.com.
The Terms and Conditions (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement governing your use of the Pitchgreen Site.
Waiver and severability of terms
The failure of Pitchgreen to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 party’s intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
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 Pitchgreen services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Entire agreement; Waiver
This Agreement constitutes the entire agreement between you and Pitchgreen pertaining to the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site. No waiver of any of the provisions of this Agreement by Pitchgreen shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Pitchgreen.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Pitchgreen Communications Limited
2333 Scarth Street, Unit 107
Regina, SK S4P 2J8
These terms and conditions are effective as of April 27, 2017