Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website at lightperl.com, its subdomains, and any products, extensions or services published under the LightPerl and ATS CLICK brands (together, the “Services”). The Services are provided by LightPerl Inc., a company of Canada (“LightPerl”, “we”, “us”). Please read these Terms carefully.

1. Acceptance

By accessing the Services you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.

2. The parent structure and the Group

LightPerl Inc. is an investment and parent holding company. Together with its affiliated, parent or controlled corporations — including without limitation every present or future subsidiary, holding company, division, jointly controlled entity, franchise or venture, in any jurisdiction and under any lawful corporate structure — they are referred to in these Terms as the "Group".

The Services may from time to time be operated directly by LightPerl or by one or more members of the Group, in any business sector, industry, medium or market in which the Group may lawfully engage, now or in the future. Where a service is operated by a Group member, that member is the contracting party with respect to that service, and these Terms apply to that service through the parent to the same effect.

3. Use of the Services

You agree not to misuse the Services, including without limitation by attempting to gain unauthorised access, interfering with the operation of any system or network, or using the Services to violate any applicable law or regulation.

4. Intellectual property

The LightPerl and ATS CLICK names, logos, marks, get-up, domain names and branding, together with all names, logos, marks, content, designs, software, algorithms, data and other material on or underlying the Services, are the property of LightPerl Inc., a Group member or their respective licensors, and are protected by applicable trademark, copyright, patent, database, trade-secret and other intellectual-property law in Canada and internationally. Nothing in these Terms grants you any licence or right in any of them, and you may not use them without prior written permission except as expressly permitted. Unauthorised use may be pursued by the Group or its members at law, including by reference to the pending LIGHTPERL™ trademark application.

5. Disclaimers

The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, LightPerl disclaims all warranties, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.

6. Limitation of liability

To the fullest extent permitted by applicable law, neither LightPerl nor any Group member nor any of their respective directors, officers, employees, agents, contractors or affiliates shall be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenues, data, goodwill or opportunities, whether incurred directly or indirectly, and whether in contract, tort (including negligence) or otherwise, arising out of or in connection with your use of, or inability to use, any Service. Where a service is supplied under these Terms by one Group member, the liability of all other Group members and the parent in respect of that service is excluded to the fullest extent permitted by law. This limitation applies to the maximum extent permitted by law and does not apply where liability cannot be limited by law.

7. Changes

We may revise these Terms at any time. We will indicate the effective date at the top of this page. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

8. Governing law, disputes & contact

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the courts of Ontario for any dispute arising under these Terms. Certain matters may instead be resolved by the courts of the place of a particular Group member's incorporation or of the applicable consumer's residence where required by law. Questions may be directed to: the corporate contact page.

No waiver of any term will be effective unless in writing. If any provision is held to be invalid or unenforceable, it will be severed and the remainder of these Terms will continue in full force. These Terms constitute the entire agreement between you and the Group regarding the Services.