Please read this agreement carefully before accessing the SmartSignin web site or using the SmartSignin Service. By accessing the web site or using the Service, you agree to become legally bound by the Terms and Conditions of this agreement.
Description of Service. The SmartSignin Service (the ``Service``) provides a system that allows a user access to a personal collection of information, including the ability to log in to multiple web sites with a single User ID and password, and to aggregate and categorize web sites that they frequent. In order to receive the Service, you will need to create an account and an ID and password for the SmartSignin web site. The user also has the option of using one or more of the multi-factor authentication methods in order to provide further security to the account. These multi-factor authentication methods include:
Image based authentication (Coming soon)
Image verification - where the user selects an authentication image from among the image options given on the SmartSignin web site or a personal image uploaded by the user. The purpose of the image is to reduce phishing attempts.
Knowledge Based authentication - where the user submits five sets of security questions and answers. Three of the five secret security questions will be randomly asked if the user is unable to recall his SmartSignin ID or password or has misplaced his/her grid card.
Grid card authentication - the user can print or download a randomly generated grid card which has rows and columns of random alphanumeric characters that the user has to input upon login.
SMS One Time Password (Coming soon)
The use of the Service requires the user to obtain access to the Internet. The user must provide all equipment and pay all fees associated with such access to the Internet.
Permitted Use You may access and use the Service in accordance with these Terms and Conditions and subject to any operating rules or posted policies that appear on the website. Any use of the Web Site is at your sole risk and responsibility.
No Unlawful or Prohibited Use You represent and warrant, as a condition of use of the Service, that you will not use the Service for any purpose that is unlawful or prohibited by this agreement. You shall not subject the SmartSignin system to any spam, denial of service attacks, viruses or any action, activity or code that would interfere with the ordinary operation of the system.
Indemnity You agree to defend, indemnify and hold SmartSignin, its subsidiaries and affiliates and each of the directors, officers, agents, contractors, partners and employees, harmless from and against any action, claim, demand or liability, including reasonable lawyer's fees, arising out of or relating to your violation of any of the Terms and Conditions of this agreement, the rights of any third party or your use or connection to this Service.
Disclaimer SMARTSIGNIN PROVIDES ITS SERVICE ON AN ``AS IS`` AND ``AS AVAILABLE`` BASIS. SMARTSIGNIN MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS, (as used in this section ``WARRANTIES``) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, PERFORMANCE, RELIABILITY OR NON-INFRINGEMENT AND ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND SMARTSIGNIN MAKES NO WARRANTIES THAT THE WEB SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SMARTSIGNIN WEB SITE OR SERVICES WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Furthermore, no computer system is entirely secure. As such you should not store on the PerfectCloud system USERIDs and PASSWORDS giving access to sensitive information. Examples of sensitive information include but are not limited to: financial information, such as credit card information, and banking information; government information, such as your driver's license number, passport details, birth certificate information; health information; and other information such as your date of birth. PerfectCloud will not keep a back-up of your information.
If you are dissatisfied with this web site or any of the Services of PerfectCloud, or any of the agreement, or operation of the site or any of its features, your sole remedy shall be to discontinue use of the web site and Service.
Limitation of Liability IN NO EVENT SHALL PERFECTCLOUD OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, LOST BUSINESS, EDUCATIONAL OR SOCIAL OPPORTUNITIES, LOST DATA ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT PERFECTCLOUD MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
Intellectual Property PerfectCloud owns all rights, titles and interest in and to all copyright, trade-marks, trade secrets, patents or any other intellectual property of any kind or any proprietary rights in and to the Service and these rights titles and interests are protected to the fullest extent under Canadian and international law. Without the prior written consent of PerfectCloud, you shall not use or permit any third party to use any trade-marks or trade names and no content on this Service may be copied, reproduced or duplicated in any form or by any means whatsoever.
Term This agreement comes into effect on the date of your completed registration with PerfectCloud. PerfectCloud may terminate this Service at any time.
Entire Agreement. These Terms and Conditions set forth the entire agreement with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether, electronic, oral or written, between you and PerfectCloud.
Severability. If any provision of these 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 parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
Waiver. The failure of PerfectCloud to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Headings. Headings used herein shall not affect the meaning or interpretation of these Terms and Conditions.
Choice of Law and Forum. These Terms and Conditions, and the relationship between you and PerfectCloud, shall be governed by the laws Ontario without regard to its conflict of law provisions. You and PerfectCloud agree to submit to the personal and exclusive jurisdiction of the courts located within Ontario.
Assignment. You may not assign any of your rights and obligations under these Terms and Conditions.