Terms and Conditions
Terms and Conditions of Service
These Terms and Conditions of Service (“Terms” or “Agreement”) are a contract between you (the Customer) and us (“StatGo” or “we”). They describe the services provided when you sign up for an account with us, define aspects of our business relationship, and set forth the terms and conditions that apply to your access to and use of the websites, products, and services owned and operated by StatGo. Using our services indicates agreement with, and acceptance of, these Terms.
This is a legal contract, so if you are entering into this agreement on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms. (In this case, “you” and “your” would then refer to the entity.)
It is your responsibility to check this page periodically for changes. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at support[at]statgo.ca. The Services on the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted by the Agreement..
Add-Ons: Third party tools and services which we neither monitor nor have any control over or input.
An Account is created when an individual, company, or other entity, or any representative of such electronically completes our Contact Form or Account Request Form.
Account Owner: The person company, corporation, organization, or other entity whose name appears on the Contact Form or Account Request Form.
Account Request Form: The document where your requested access to StatGo’s Services
Agreement: These Terms of Service and any materials, contracts, conditions, or other documents referenced or linked to herein, without limitation.
Contact Form: Step one of the Sign Up process on our Site.
Content: All information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement provided via StatGo Services.
Customer: Any person, organization, or other entity that has signed up for a StatGo Account, at any level.
Released Parties: StatGo, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees.
Registration Data: The information you supplied to allow StatGo to act as your accredited submitter.
Services:The StatGo platform/application (and all features therein) that enables you to enter and submit medical billings and any activities performed on you behalf by StatGo representatives to process such billings.
Site: The StatGo website (www.statgo.ca) and all subdomains and subdirectories therein.
Third Party Content/Services/Sites: :Material, services and web based software which we neither monitor nor have control over.
User Content: All material/information/data provided by Customers is called “User Content”. For example, data about patients and health services provided is the User Content of that Customer. User Content is that Customers property.. StatGo’s only right to that User Content is the limited licenses to it granted in these Terms. These licenses are described in Section 5 and Section 17 of these Terms.
User ID: Your Statgo user name and password, which may include the email address under which your Account was created.
User Submissions: Any information, ideas, inventions, concepts, techniques or know-how for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information posted or sent to StatGo on the Site or any public area.
2. Registration Data and Account Security
When you request to open an account on either by completing the Account Request Form, the Contact Form or any similar Form you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms; (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to StatGo, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to StatGo. You are responsible for all activity on your StatGo account, and for all charges incurred by your StatGo account.
We will provide you with tools & technology to protect the information you store with our service. However, we expect that you take responsibility for protecting your data and those of your patients. Measures that we unreservedly recommend include: enabling the password protect (or lock) on your phone, enabling the password protection feature on any mobile applications used as part of facilitating StatGo services, using a unique password to access any applications used as part of facilitating StatGo services, logging-out of any web browser after using Statgo, especially when using a computer in a shared space such as a hospital. If you learn of any unauthorized use of your password, contact StatGo immediately at support[at]statgo.ca. If you should lose your phone, notify StatGo immediately so that we can change the password. Do not share your User ID with anyone.
YOU AGREE TO INDEMNIFY STATGO AND HOLD US HARMLESS FOR ANY FAILURE TO COMPLY WITH THE FOREGOING, OR FOR ANY CLAIM MADE AGAINST STATGO BY ANY THIRD PARTY RELATED TO YOUR USE OF THE SERVICES TO COLLECT, STORE, OR USE PERSONAL OR SENSITIVE INFORMATION.
3. Fees; Charges; Taxes
Fees and any other charges for the use of StatGo Services are described on the Site or in a document provided to you by email.. They may change from time to time. If we change our fees or charges, we will give you at least 30 days’ notice. If they do change, your continued use of the Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.
4. Ownership, Copyright and Trademarks
Other than the User Content as described in the General Terms, the Services, all Content and all software available on the Site or used to create and operate the Site is the property of StatGo or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by StatGo.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize third parties to access your User Content through the Services, including through the StatGo API or an Add-on, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.
5. Your Limited License of Your User Content to StatGo
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. For example, if you leave comments on the StatGo blog or posts on the StatGo forum, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Customers so that they can view that User Content. Therefore, by posting or distributing User Content to or through the Services, you (a) grant StatGo and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other others (for example, if you authorize third parties to access your User Content through the StatGo API), you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such parties for their use in connection with their use of the Services, as described in Section 5 of these Terms.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
6. Our Limited License of Content to You
StatGo grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by StatGo at any time.
Your use of any Add-on is governed by the End User License Agreement that applies to that Add-on, and not by this Section of the Terms. That End User License Agreement is an agreement between you and the provider of that Add-on, and you acknowledge that that End User License Agreement is a binding agreement between you and that provider. Your use of the Service through an Add-on, including any Content that may be delivered to you through the Add-on, is subject to this Section of the Terms.
You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact StatGo at the support email address set out at the bottom of these Terms.
7. Providing a Reliable and Secure Service
We take reliability and security seriously. We put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment. More information about these services and technologies is available on www.statgo.ca.
For example, to safeguard credit card information, StatGo encrypts all stored credit card numbers, uses restrictive firewalls to protect stored data and uses 256 bit SSL certificates to encrypt data transferred between you and the Services.
However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use StatGo, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. In particular, Customers who enable auto-billing and choose to store the credit card information with StatGo or one of StatGo’s sub-contractors accept these risks to the security of that credit card information. When storing credit card information using the StatGo recurring profiles module Customers acknowledge that they are aware of, and accept as satisfactory, StatGo’ credit card protection procedures.
8. No Responsibility for Third-Party Services, Sites or Content
As a service to our users, the Site may contain links to third-party Web sites (“Third-Party Sites”) or third-party content (“Third-Party Content”) and may provide third-party services (“Third-Party Services”), including Add-ons, payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use Third-Party Sites, Third-Party Content (together, the “Third Party Materials”) or Third-Party Services at your own risk.
StatGo makes no claim or representation regarding Third-Party Materials and Third-Party Services, and provides them or links to them only as a convenience. Inclusion in the Services of Third-Party Materials does not imply StatGo’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Materials. StatGo accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Materials, or Websites linking to the Services. When you leave the Services, our terms and policies no longer govern, and when you use Third-Party Services their terms and policies apply. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Materials and Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
In particular, StatGo uses e-transfer for payment processing. In order for you to use e-transfer payment processing services, you must use the website of your bank. Please review their terms of service. Please note that StatGo is not a party to your arrangements with your banking provider and Terms we have no obligations or liability to you under them or for any services that they provide to you.
9. Optional Tools/Add-ons:
We may provide you with access to Add-ons. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
10. Advertisements and Promotions
StatGo may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than StatGo, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. StatGo is not 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 third-party advertisers on the Services.
11. Warranty Disclaimer
The Site, the Content, the any Add-ons and the Services are provided to you on an “as is” basis without warranties from StatGo of any kind, either express or implied. StatGo expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. StatGo does not represent or warrant that Site, the Content, the Add-ons or the Services are accurate, complete, reliable, current or error-free.
While StatGo attempts to make your access to and use of the Services safe, StatGo does not represent or warrant that the Site, the Content, the Add-ons or the Services are free of viruses or other harmful components.
12. Disclaimer, Exclusion, and Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against the Released Parties arising out of or in any way relating to your use of the Site, the Content, the Add-ons or the Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site, the Content, the Add-ons or the Services. You use the Site, the Content, the Add-ons and the Services at your own risk.
Without limitation of the foregoing, neither StatGo nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, the Content, the Add-ons or the Services, including without limitation any damages caused by or resulting from your reliance on the Site, the Content, the Add-ons or the Services or other information obtained from StatGo or any other Released Party or accessible via the Site, the Content, the Add-ons or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to StatGo or any other Released Party’s records, programs or services.
In no event shall the aggregate liability of StatGo, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, the Content, the Add-ons or the Services exceed any compensation paid by you for access to or use of the Site, the Content, the Add-ons or the Services, as the case may be, during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless StatGo and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Content, the Add-ons and the Services, and if you allow authorize third parties to access your User Content through the Services, including through the StatGo API or an Add-on, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.from the use of the Site, the Content, the Add-ons and the Services by any person to whom you give access to your account (including staff or advisors), including any claims made by any person that any of your, and if you are a Subscriber, your Customers’, User Content infringes the rights, including the intellectual property rights, of any third party.
STATGO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SITE, SERVICES, OR DATA MADE AVAILABLE FROM THE SERVICES. YOUR USE OF THE SITE OR SERVICES, AND ALL CONTENT, MATERIAL, AND THIRD PARTY SOFTWARE AND CONTENT ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
STATGO DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES, OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, AND SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME STATGO MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT PRIOR NOTICE OR NOTIFICATION. YOUR ACCESS TO AND USE OF THE SITE AND SERVICES MAY BE INTERRUPTED OR SUSPENDED FROM TIME TO TIME FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT MALFUNCTIONS, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES, OR OTHER ACTIONS THAT STATGO, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO DAMAGES OR ANY OTHER FORM OF COMPENSATION OR RELIEF WHEN OUTAGES, DELAYS, DOWNTIME, MALFUNCTIONS, SECURITY OR SYSTEM BREACHES, OR OTHER INTERRUPTIONS OF SERVICE OCCUR.
STATGO MAKES NO GUARANTEE REGARDING THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE, OR CONTENT WITH THE SITE OR SERVICES. YOU ARE NOT ENTITLED TO COMPENSATION, REFUNDS, CREDITS, DAMAGES OR ANY FORM OF RELIEF SHOULD THE SITE OR SERVICES NOT MEET YOUR EXPECTATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE AND/OR SERVICES. STATGO DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE OR SERVICES, AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.
StatGo IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, OR FAILURES OF ANY THIRD-PARTY CONTENT, SERVICE, NETWORK, OR SOFTWARE OR HARDWARE PROVIDER, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES USED BY STATGO, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY STATGO.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, LANDING PAGES AND LEADS CSV FILES, IS DONE AT YOUR OWN DISCRETION AND RISK. YOU AGREE THAT YOU, SOLELY, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, AND/OR FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER COMMUNICATED ORALLY OR IN WRITING, FROM STATGO EMPLOYEES, OR VIA THE SITE OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE SITE AND SERVICES ARE OFFERED AND CONTROLLED BY STATGO FROM ITS FACILITIES IN CANADA. STATGO MAKES NO REPRESENTATIONS THAT THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
YOU AGREE THAT NEITHER StatGo NOR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, LICENSORS, EMPLOYEES OR AGENTS, WILL BE HELD LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF, FOR ANY TANGIBLE OR INTANGIBLE DAMAGES OR LOSSES ARISING FROM OR RELATING TO: THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, OR YOUR USE OF THIRD PARTY MATERIALS, CONTENT, OR SERVICES.
STATGO WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES, LIABILITIES, LOSSES, OR OTHER CONSEQUENCES THAT YOU MAY INCUR IN THE EVENT THAT THE SITE AND/OR SERVICES ARE MODIFIED, SUSPENDED OR DISCONTINUED.
You agree that the Released Parties, are not responsible or liable for any claim, demand, loss, damage, cost, attorney fees, or other liability arising out of or relating to this Agreement, the Site, or the Services made against you or anyone else by a Third Party. This includes, but is not limited to: (a) your use, non-use, misuse of, or connection to the Site, the Services, Content, or Registration Data; (b) your violation or alleged violation of this Agreement; and (c) your violation of any Third Party rights, including intellectual property rights.
StatGo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify StatGo, and you agree to cooperate with StatGo’s defense of these Claims. You agree not to settle any matter without StatGo prior written consent. StatGo will use reasonable efforts to notify you of any such Claims upon becoming aware of them.
IN ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, A SUBSCRIPTION AND/OR THIS AGREEMENT, YOU HEREBY EXPRESSLY GIVE UP: (I) YOUR RIGHT TO A TRIAL BY JURY; AND (II) YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING, WITHOUT LIMITATION, CLASS ACTION LAWSUITS.
Notices that we give you may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice on the login or dashboard section of your account on the Site, or post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
14. Applicable Law and Venue
The Services are controlled by StatGo and operated by it from its offices in Calgary, Alberta. You and StatGo both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and StatGo explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, the Content, the Add-ons or the Services will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) involving StatGo and arising out of or relating to (a) these Terms; (b) the Site, the Content, the Add-ons or the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site, the Content, the Add-ons or the Services; or (d) the relationships that result from these Terms or the Site, the Content, the Add-ons or the Services (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against StatGo related to any Claim and, where applicable, you also agree to opt out of any class proceedings against StatGo. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Alberta.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Calgary, Alberta. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services from locations other than Alberta, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify StatGo and the other Released Parties for your failure to comply with any such laws.
15. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, StatGo reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof (including any use of any Add-on) and the rights of any third party to which you have granted access to your User Content through the StatGo API; (b) block or prevent your future access to and use of all or any portion of the Services or Content (including any use of any Add-on) and the rights of any third party to which you have granted access to your User Content through the StatGo API; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
16. Inactive Accounts; Termination of Agreement
If your account is inactive for at least six months, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at support[at]StatGo.ca. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.
You and StatGo may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination) including for any Add-ons you may be using. When your StatGo account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public areas of the Site such as the blog, forum, or product reviews, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a nonexclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes. Termination of your account voluntarily or through non payment of service fees or account charges will result in loss of access to your User Content. STATGO may retain an archival copy of your User Content but we do not provide any warranty or assurance that you will be able to recover your User Content at a future date after termination if you attempt to reactivate your account.
If these Terms expire or terminate for any reason, Sections 4, 7, 8, 11, 12, 14, 16, and 17, and any representation or warranty you make in these Terms, shall survive indefinitely.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. StatGo may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of StatGo, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and StatGo regarding your use of the Site, the Content, the Add-ons and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and StatGo regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
18. Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please contact us here:
PO Box 45030, Brentwood, Calgary, Alberta Canada T2L 1Y4
Tel. 1.800.516.0818 Fax 403.800.9010
You agree that you will not:
- Upload or transmit any communications or content of any type that may infringe or violate any rights of any party.
- Use this Website for any purpose in violation of local, provincial, national or international laws.
- Use this Website as a means to distribute advertising or other unsolicited material to any third party.
- Use this Website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity.
- Attempt to disable, “hack” or otherwise interfere with the proper functioning of this Website.
- If you use any part of the Website requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
If you are uncomfortable with the idea of your information being stored in cookies, we recommend disabling cookie support in your browser. However, please note that this may limit the Website’s performance functionality.
All StatGo trademarks are protected by Canadian law. Unauthorized use of our trademarks is strictly prohibited. All other trademark, service marks, company names or company logos, as used or referenced in the Website, are the property of their respective owners.
All Website design, text, layout, graphics and the selection and arrangement thereof is owned by StatGo and all rights are reserved. You are authorized to view, download and print portions of the Website solely for your personal and non-commercial use or as we otherwise permit. Any other use of materials on this Website, including: (1) reproduction, except as authorized herein; (2) modifications; (3) distributions; (4) republication; (5) transmission; (6) re-transmissions; (7) or public showing, without our prior written permission, is strictly prohibited.
You may not remove or obscure the copyright notice or other notices contained in information or products retrieved from this Website.
Idea submission statement
Any ideas, proposals, and/or other information submitted or collected on this Website shall be considered non-confidential. By submitting information to this Website, or directly to us, you agree that we shall not be under any obligation of confidentiality or non-use, express or implied, with respect to any submissions, and we may disclose or use any submission for any purpose whatsoever, at its sole discretion, with no obligation, express or implied, to compensate or work with the person or entity that supplied the information, idea and/or proposal in any manner.
Intended for users 19 and older
The Website is intended for use by individuals 19 years of age or older. This Website is not directed for use by those under the age of 19. Users under the age of 19 should get the assistance of a parent or guardian to use this Website.
StatGo endeavors to display all information correctly, but occasionally the posted information may not be accurate. Content and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and StatGo reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after a request has been submitted and whether or not a response has been provided.
Third party Websites
The Website or our response to your inquiries may, from time to time, contain links to or reference third party sites, resources and advertisers (collectively, “Third Party Sites”). Your linking to such Third Party Sites is at your own risk. We are not responsible for the accuracy or reliability of any content, data, opinions, advice, statements, or other information made on the Third Party Sites. We do not investigate, monitor, or check such Third Party Sites for accuracy or completeness. We are not responsible for the availability of these Third Party Sites, and are providing these links to you only as a convenience and may discontinue providing such links at any time in our sole discretion without notice to you. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any Third Party Site contained in, referred to, included on, or linked from or to, the Website.
Last Updated: January 1, 2017