Terms & Conditions
Updated February 9, 2019
Acceptance of Terms
The Blind Spot Review, a product of Little Fish Big Pond Inc. and Little Fish Big Pond Inc. itself, which will be known as (BSR/LFBP) is located at https://www.blindspotreview.ca, where it provides its Web Site and Web-Based Service, which will be known as (“Service”). By accepting this Terms and Conditions, which will be known as (“Terms”), you acknowledge that you have read, understood, and agree to be bound by this (“Terms”) between you and (BSR/LFBP). If you are entering into this (“Terms”) on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this (“Terms”). You agree that you and those in your organization whom you are signing up are 18 years of age or older.
(BSR/LFBP), reserves the right to revise its (“Terms”) from time to time without prior notice. You can review the most current version of this (“Terms”) at any time at https://www.blindspotreview.ca/terms-conditions.html. The revised (“Terms”) will become effective on its posting date and your continued use will be treated as your as acceptance of the revised (“Terms”). Should the revised (“Terms”) not be acceptable to you, you may cease to access and use the (“Service”).
Description of Service
The (“Service”) is an online survey tool that provides users the ability to deploy via email to their staff, the Free Version of the Blind Spot Review survey, and the Complete Blind Spot Review (if they have paid for it) and capture and review respondent’s answers to the pre-populated SMART questions online – or printed PDF, that are viewed as graphs/charts/percentages and summary legends on subjects including but not limited to: organizational culture, employee engagement, processes/training, productivity, strategy, and marketing. A blank survey is available to those who have paid for the Complete Blind Spot Review, to create their own questions that should be written to correlate with the existing summary legends. The will then be able to deploy their custom survey to their employees and capture results as graphs/charts/percentages and summary legends
The sole purpose of (“Service”) is to help you understand your business better, so that you can plan better, through the answers your respondents provide to the SMART Questions or to the questions you have created on the blank survey and the answers you receive on that. The SMART questions asked/given are examples only, and the results/graphs-charts/percentages are generic and are not designed for any one person, company, industry or sector. Information given are only examples and estimates and are not to be use for any legal, planning, accounting, and auditing purposes. (BSR/LFBP), are not responsible for how you or your company use this service, nor for the information you input, nor for the results you gather as a result. The (“Service”) is provided as is and does not make any warranties or claim of any kind either expressed or implied. We are not responsible for how you interpret and use your survey results.
Subject to your acceptance of this (“Terms”), (BSR/LFBP) gives you (based on your continued annual payment) a limited, non-exclusive, non-transferable, non-sub-licensable license to, view, copy, display and print your content solely in connection with your licensed use of the (“Service”). You also agree that (BSR/LFBP) reserves all rights to the intellectual property of the (“Service”).
The (“Service”) including without limitation, the web site, hosting, services, system, content (except the questions you add to the blank survey) and any parts are solely and exclusively owned and operated by (BSR/LFBP), the suppliers and their third party vendors.
Under these (“Terms”), you may access and use the (“Service”) for your internal business purposes only and not allow any unauthorized users to access or use the (“Service”). Under these (“Terms”), you will not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the (“Service”) available to any third party (unless you have signed a ‘consultant’ contract), copy, modify or distribute any portion of the (“Service”) or use the (“Service”) to process data on behalf of any third party; or use the (“Service”) in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the (“Service”) and its components. By accepting these (“Terms”), you agree to not reverse engineer, copy, duplicate, distribute, modify, adapt, hack, create derivative works, or decompile the (“Service”) or any part or element of it, nor attempt to extract the source code or otherwise attempt to gain unauthorized access to the (“Service”) or its related systems or networks. As a user of the (“Service”) you are responsible for all of your information, data, questions you write and answers or other materials (text and images) that you upload.
Your acceptance of these (“Terms”) does not grant you ownership of any content, code, data or any part of the (“Service”).
Upon registering for the (“Service”), you agree to provide accurate registration information and agree to keep your records up to date in (“Service”).
Payment and Refunds
When you add a credit card payment to access the (“Service”) account, a third party, www.Stripe.com who handles payments for us, will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.
Once again, your credit card payment to the subscription to the (“Service”) is managed and processed through www.Stripe.com on a recurring annual payment. You will not be required to provide credit card information when signing up for the Blind Spot Review – Free Version, but upon upgrading to the paid Complete Version of the Blind Spot Review, your credit card information will be require and will be billed and again every year after that until you cancel. Prices are subject to applicable taxes and prices can change at any time upon a 30-day notice from us. Also, special pricing may be applied to companies with over 50 users or an unusually high monthly storage or email capacity. (BSR/LFBP) does not provide refunds or credits.
It is vital for you to keep your account records on the Blind Spot Review up to date, as well as your credit card information. We have provided a place on ‘the Plan’ page to update credit card, expiry dates or add a new card altogether. You will notice that our system does not store the number (only the last 4 digits, as permitted by law), and that whatever you key in goes directly to www.Stripe.com. Should Stripe be unable to processes your annual payment for any reason, you will receive an email from The Blind Spot Review with a link that takes you to your ‘Plan’ page on the Blind Spot Review to update your credit card information. This will be attempted a couple of times, and should you not update your credit card information, your subscription will be disabled.
Cancellation and Termination
As a licensed user and survey administrator of the account, you are you are responsible for canceling your account by emailing firstname.lastname@example.org and are also responsible for keeping up to date your staff member’s names and emails. When requested, we will disable your account within 48 hours and will be charged for the remainder of your fiscal year with the Blind Spot Review. Refunds will not be given for any reason. We hold your data for 18 months from the date of your cancelation at which time all of your data will be deleted.
(BSR/LFBP), reserves the right to modify, suspend, or cancel the (“Service”) at any time without notice, and are not responsible for any third party vendor modification, suspension, ore discontinuation of their services in support of the(“Service”). We also reserve the right to disable your account if you have been in breach of contract with the (“Terms”), due to non-payment or if we suspect fraudulent, abusive, or illegal activity (see User Conduct). We will make a reasonable attempt to notify you via email, but cannot be responsible for your incoming email any internet interruption.
You may not use the (“Service”) for any illegal or unauthorized purpose. In addition to the laws of the Province of Ontario, Canada, you also agree to comply with all your local and Internet laws that apply to your use of the (“Service”). You may not use the (“Service”) in any manner which could disable, overburden, damage, or impair the (“Service”), or interfere with any other party's use and enjoyment of the (“Service”).
You agree that you are responsible for your own conduct and communications, as well for those within your organization while using the (“Service”) and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the (“Service”) you or your organization will not: post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content, questions or answers; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; post or upload any User Content, questions and answers that infringe any patent, trademark, copyright, trade secret or other intellectual property right of any party; impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content; use the (“Service”) in connection with surveys (outside of your staff and customers), contests, junk email, spamming or any duplicative messages (commercial or otherwise); use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the (“Service”) to collect information about other users or domain names; upload files that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party
While (BSR/LFBP), prohibits such conduct and User Content in connection with the (“Service”), you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the (“Service”) at your own risk. (BSR/LFBP), reserves the right to monitor use of this (“Service”) to determine compliance with these (“Terms”). Although (BSR/LFBP) does not read, review, vet or otherwise assess User Content in advance of its posting, (BSR/LFBP) reserves the right to remove any User Content and/or terminate your Blind Spot Review User Account without notice for breach or for any other reason.
Your use of this (“Service”) is entirely at your own risk. The (“Service”) and content is provided "as is" and without warranties or conditions of any kind, either expressed or implied, including any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, or non-infringement. (BSR/LFBP), does not warrant that the (“Service”) or its contents will be uninterrupted or error-free, that defects will be corrected, or that (“Service”) or the server that makes it available are free of viruses or other harmful components.
Without limiting the foregoing, (BSR/LFBP) does not warrant or make any representation regarding use, the ability to use, or the result of use of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors. (BSR/LFBP) may make changes or improvements to the (“Service”) content or the website at any time. (BSR/LFBP) makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.
Limitation of Liability
(BSR/LFBP) its employees, agents, officers and directors will not be responsible for any costs incurred as a result of applying solutions that many be interpreted/identified from your respondent’s answers (results/graphs/charts/percentages) to any of the BSR surveys, nor is (BSR/LFBP) reliable for any direct, indirect, incidental, punitive, consequential, special, exemplary, or other damages, including, without limitation, loss of revenue or income, pain and suffering, emotional distress, or similar damages, or damages resulting from any (i) errors or omissions in content, (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, or (v) for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the (“Service”). This limitation of liability applies regardless of the legal theory giving rise to the damages, even if (BSR/LFBP) have been advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that (BSR/LFBP) its employees, agents, officers and directors shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to defend, indemnify and hold harmless (BSR/LFBP) its employees, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney's fees and other expenses arising from: (i) your reliance and interpretation of the respondent’s answers (results/graphs/charts/percentages) (ii) your use of and access to the (“Service”); (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that you did not have the right to provide any user content or that your user content caused damage to a third party. This defense and indemnification obligation will survive these terms and your use of the (“Service”); In such a case, (BSR/LFBP) will provide you with written notice of such claim, suit or action.
(BSR/LFBP) uses You Tube to host videos and send you to other You Tube videos, as well as other links as part of our training and promotional information.
We may provide blogs, articles, advice, training, links and other information and material are provided as examples and your acceptance to the (“Terms”), you agree not to place and reliability of any kind in their content and understand that (BSR/LFBP) will not liable for any bad or indifferent advice you receive or interpret form what you read.
Trademark and Copyright Information
Various logos used and displayed on the (“Service”) are property of (BSR/LFBP) and cannot be used without written permission
All Content of the (“Service”) are © Copyright 2019 Blind Spot Review. All Rights Reserved. The Blind Spot Review is a product of Little Fish Big Pond Inc.
(BSR/LFBP) reserves all rights to the intellectual property of the (“Service”).
If you have any questions about this or the (“Service”), please contact us at:
Blind Spot Review c/o Little Fish Big Pond Inc.
1500 Upper Middle Road West, #239
Canada L6M 0C2