SHAREVISION TERMS OF USE
THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERN YOUR USE OF SHAREVISION.CA'S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, "SHAREVISION"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD NOT CHECK THE "I AGREE" CHECKBOX.
SUBSCRIPTION SERVICE DESCRIPTION
SHAREVISION is a software application that runs on computer servers managed by Breakwater Designs Limited and connected to the Internet. Clients having a valid account, may gain access to SHAREVISION from any computer device running a recent web browser.
SHAREVISION provides a host of tools for you to manage agency information and data. A sampling of tools and features are listed below:
- Client records management
- Services records management
- Calendars (with a connected Microsoft or Google account)
- A number of form templates in our forms library
- File storage for documents and images
- A notifications manager to manage alerts and reminders
- A Contact Manager that tracks information about internal and external contacts
- Outcomes tracking using our Goals and Progress feature.
THIRD-PARTY APPLICATIONS
Although SHAREVISION is mostly accessed through a free web browser, Microsoft and/or Google suites can enhance your websites and service. Additionally, other third-party programs may be available, like off-line synchronization tools, that extend the functionality of SHAREVISION. Regardless of which application and which company provides it, you understand and agree that payment for fees and charges related to the purchase and licensing of each of these programs is solely your responsibility.
NON-PAYMENT AND SUSPENSION
In addition to any other rights granted to Breakwater Designs Limited herein, Breakwater Designs Limited reserves the right to suspend or terminate this Agreement and your access to SHAREVISION if your account becomes delinquent (falls into arrears). If you or SHAREVISION.CA initiates termination of this Agreement, you will be obligated to pay the balance due on your account. Breakwater Designs Limited reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the SHAREVISION. You agree and acknowledge that Breakwater Designs Limited has no obligation to retain your data and that your data may be irretrievably deleted if your account is 30 days or more delinquent.
TERMINATION
SHAREVISION is a prepaid, subscription-based service. If you wish to terminate service, you will be able to do so within the app, at the end of your yearly subscription cycle.
If you choose to terminate your subscription, then you are responsible for the removal of any data that you wish to keep, prior to the end of the payment cycle. The data will be deleted forever once your subscription has ended.
TERMINATION FOR CAUSE
Any breach of your payment obligations or unauthorized use of the SHAREVISION Technology will be deemed a material breach of this Agreement. Breakwater Designs Limited, in its sole discretion, may terminate your password, account or use of SHAREVISION if you breach or otherwise fail to comply with this Agreement.
INFORMATION AND DATA
Breakwater Designs Limited does not own any data, information or material that you submit to the website in the course of using SHAREVISION.
You have the sole responsibility of managing your data. This includes accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership.
As part of any well laid technology plan, backups, exports and archives are recommended and encouraged. SHAREVISION includes the ability to export to Microsoft Excel, .csv, and Adobe Acrobat (.pdf) allowing a minimum of two options to export data out of the website service.
Breakwater shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of your data.
PRIVACY AND SECURITY
All ShareVision employees sign a non-disclosure agreement as part of their employment contract, which prevents them from disclosing any customer data they may access to third parties. All data entered into ShareVision is transferred over a secure internet connection protected by encryption algorithms built into your browser and our servers. Your data is stored in Canada, on a database server behind secure firewalls in an earthquake-proof managed facility, with backup power supplies and redundant connections to the internet. In the unlikely event of a security incident, ShareVision will inform customers within 24 hours and update them regularly until the incident is fully resolved.
DATA BACKUPS
Breakwater Designs Limited performs nightly backups of the SHAREVISION site data to be used in the unlikely case of a system failure. Any data deleted by users will be shown in the recycle bin on your site and may be recovered by the user who deleted the item, or by any site administrator. Breakwater Designs Limited makes no guarantee as to the availability of any backup set, nor the quality of the backup set after it is restored. Backup is provided as a necessary part of an online service, but it is not provided with any guarantee whatsoever.
SHAREVISION includes many tools to manage backup and archiving of your data as described in the INFORMATION AND DATA section. Additionally, a system-wide Recycle Bin tool provides a first level defense in restoring deleted documents and list items.
REPRESENTATIONS & WARRANTIES
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Breakwater Designs Limited represents and warrants that it will provide SHAREVISION in a manner consistent with general industry standards reasonably applicable to the provision thereof and that SHAREVISION will perform substantially in accordance with the online SHAREVISION Knowledge Base under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to SHAREVISION and that your billing information is correct.
DISCLAIMER OF WARRANTIES
BREAKWATER DESIGNS LIMITED AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. BREAKWATER DESIGNS LIMITED AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BREAKWATER DESIGNS LIMITED AND ITS LICENSORS.
INTERNET DELAYS AND CLIENT CONFIGURATIONS
BREAKWATER DESIGNS LIMITED'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BREAKWATER DESIGNS LIMITED IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. SIMILARLY, PROBLEMS ARISING FROM MISCONFIGURATION OF THE HARDWARE, OPERATING SYSTEM AND/OR APPLICATIONS RUNNING ON CLIENT COMPUTERS ACCESSING SHAREVISION ARE ALSO NOT THE RESPONSIBILITY OF BREAKWATER DESIGNS LIMITED.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONAL RIGHTS
Certain provinces and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
CONTACT INFORMATION
Breakwater Designs Limited