CUE Website Terms and Conditions of Use
PURPOSE OF POLICY
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This agreement is an electronic contract that sets out the legally binding terms of your use of the CUE Websites. This Agreement may be modified by CUE from time to time, such modifications to be effective upon posting by CUE on the CUE Websites. By accessing and/or using the CUE Websites, you accept this agreement and agree to the terms, conditions, and notices contained or referenced herein.
MODIFICATIONS TO SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, the CUE Websites (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
COMMERCIAL USE OF SERVICE
If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY
The materials (the "Materials") contained in the CUE Websites including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of, CUE and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part without the prior written consent of CUE.
Certain names, words, phrases, logos, marks, graphics and designs or other content that appear on CUE Websites (including "CUE", and related words and logos) are official marks, trademarks or trade names, registered and unregistered, of CUE in Canada (the “Trademarks”). Nothing in this Agreement or on an CUE Website shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any of the Trademarks or names or any other intellectual property right of CUE. The names of other companies, products, and services referred to on a CUE Website may be trademarks or trade names of their respective owners. Any use of the Trademarks or intellectual property of third parties without the prior written consent of the applicable party is strictly prohibited.
You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Materials or Trademarks (the “Intellectual Property”), in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
COMPLIANCE WITH LAWS
In addition to complying with these Terms and Conditions of Use, you agree to use the CUE Websites and Materials for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents. Potential users of the CUE Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the CUE Website illegal, are not authorized to use the CUE Website. Illegal and/or unauthorized use of the CUE Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the CUE Websites is with CUE’s permission, which may be revoked at any time, for any reason, in CUE’s sole discretion.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify CUE of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your account with CUE.
All login names and passwords remain the property of CUE, and may be cancelled or suspended at any time by the CUE without any notice or liability to you or any other person. CUE is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify CUE of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
USE AND RESTRICTIONS
You are only permitted to use an CUE Website for your own personal, non-commercial purpose. Materials may only be printed or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from an CUE Website for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any Materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not: take any action that imposes or may impose (to be determined in the CUE’s sole discretion) an unreasonable or disproportionately large load on the CUE’s infrastructure; interfere or attempt to interfere with the proper working of an CUE Website, or any activities conducted on or with an CUE Website; bypass any measures the CUE may use to prevent or restrict access to CUE Websites.
You agree to comply with the above conditions, and acknowledge and agree that CUE has the right, in our sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms and Conditions of Use. This may include taking court action and/or reporting offending users to the relevant authorities.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to CUE as follows:
We reserve the right to remove your content, suspend or terminate your access to the CUE Websites, and/or pursue all legal remedies if we believe that any of your content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule, or regulation.
If you choose to register with CUE for the online purchase of goods, you agree to: (i) provide true, current and complete information about yourself; and (ii) maintain and promptly update online information about yourself to keep it true, current and complete.
ACCURACY OF INFORMATION
While every effort is made to ensure the accuracy of the information on CUE Websites, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice.
Any link (including hyperlinks, buttons or referral devices of any kind) used on the CUE Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on the CUE Website does not constitute an endorsement, recommendation or certification by CUE, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with CUE.
CUE generally does not object to links to CUE Websites from third party sites. However, there are certain conditions that must be followed:
You understand and agree that: use of the CUE Website is at your sole risk. CUE Websites are provided strictly on an "as is", "as available" basis. CUE does not warrant, represent, guarantee or covenant that the CUE websites will be uninterrupted or error free; nor does CUE make any guarantee, warranty, representation or covenant as to the results that may be obtained from the use of a CUE Website, or as to the accuracy, reliability, or content of any information or service on a CUE Website. CUE will not be responsible for your inability to execute a transaction or obtain goods related to any such transaction, for whatever reason.
The downloading of materials from the CUE Website is done at your own risk. CUE does not at any time represent, covenant, guarantee, or warrant that such materials are free of viruses, worms, trojan horses, or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs, or corrections necessary as a result of the use of a CUE Website.
In no event shall CUE be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the CUE Websites, or use thereof. Nothing contained in the CUE Websites or in any written or oral communications from CUE or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the CUE Websites and the services provided by employees of the CUE Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. CUE makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the CUE Websites’ content or that the functionality of the CUE Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the CUE Websites is at your sole risk. UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, OWNERS, EMPLOYEES, OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE CUE WEBSITES, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL WE HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, CUE WEBSITES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that CUE’s entire aggregate liability and sole remedy available in any case in any way arising out of or relating to the Agreement or the CUE Websites shall be limited to monetary damages that in the aggregate may not exceed $500.00.
These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of Alberta.
In the event that CUE is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for all of CUE’s attorneys' fees and costs.
PARENTAL OR GUARDIAN PERMISSION
Because of the nature of our business, our products and services are not designed to appeal to minors, and therefore we do not knowingly attempt to solicit or receive any information from children. Access to the CUE Websites is limited to persons age 21 or older.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
AVAILABILITY OUTSIDE THE U.S
This Agreement contains the entire agreement between you and CUE regarding the use of the CUE Websites.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, CUE’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect CUE’s ability to enforce such term at any point in the future.
The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.