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Canadian Terms of Service
Ivanhoé Cambridge Inc. and its affiliates (“Company,” “we,” “us,” “our”) provides services (described below) to you through mobile application(s) (the “Mobile App”) and related services (collectively, such services and Mobile App, including any new features and applications, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). The Services are provided through our service provider and mobile application licensor HqO, Inc. (“HqO”).
You may download and use the Mobile App only in your capacity of an employee or contractor of a commercial tenant of the building to which the Mobile App pertains.
You acknowledge and agree that HqO, Inc. is a third party beneficiary of these Terms of Service with respect to the Software (as defined below) and the Services made available by means of the Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, HqO will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Software and the Services made available by means of the Software as a third party beneficiary thereof.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. If you disagree with such changes, you may cease to use the Services at any time. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
Services Description: The Service is designed to augment a tenant’s experience at a commercial or residential property through providing information, services, and functionality related to the property. The services are described in more detail below.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Company will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Company or HqO may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Company’s or its third-party service providers’ servers on your behalf. You agree that Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Company or HqO reserves the right to change these general practices and limits at any time, in their sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service from a mobile device and (iii) the ability to access certain features through a Mobile App downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Company and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or delete your mobile telephone number, you agree to promptly update your Service account information to ensure that your messages are not sent to the person that acquires your old number.
Features and Functionality: As part of the Service, the following features and functionality may be made available by Company directly or through Third Party Services (as defined below):
- a) Building Information: You may access certain information related to your building, including
contact information, hours of availability, location, and amenities.
- b) Current Happenings: You may access certain information regarding notifications or current local events in or around the building, such as local construction, social gatherings, and other perks or benefits.
- c) Amenities: You may receive certain information regarding the amenities of the building, and of the businesses in or around the building. You may reserve certain building amenities such as reserving a common space in the building for an event or gathering. We do not guarantee that the building amenities will be available for your use.
- d) Visitor Management: You may register your visitors to notify building personnel of certain visitors that you wish to add to the building visitor log and allow certain access to the building. You, and not Company, will be solely liable for updating or cancelling any applicable visitor requests, as well as the actions and omissions of any visitor that you authorized to enter the building, while such visitors are in the building or on the building premises, in accordance with the rules applicable to your building. A request to add a visitor to the visitor log does not guarantee that such visitor will be allowed to enter the building, and we may have additional criteria that you or the visitor may need to satisfy.
- e) Service and/or Maintenance Requests: You may submit maintenance requests and work orders, such as requests related to elevator functionality, water leaks, cleaning services and similar requests. If it is an emergency, please contact building maintenance directly. Company is not responsible for response times or the quality or timeliness of such repairs or maintenance. Company will not be responsible for any actions taken or omissions by any building personnel in the course of responding to such maintenance requests.
- f) Commuter and Travel Information: You may look up certain information regarding public transportation or private transportation options, including estimated travel times via driving, public transportation options and next bus/train, information on available ride-sharing services, and information on bike sharing.
- g) Food Ordering: You may order food from third-party food vendors and restaurants, either natively through the Service, or through third-party food ordering services, as available. You will be responsible for all charges associated with your order. You, and not Company, will be solely responsible for (i) updating, rescheduling or cancelling your order, as needed, and (ii) notifying a restaurant of any food allergies when placing a food order.
- h) Restaurant Reservations: You may make meal reservations, either natively through the Service, or through third-party food ordering services (such as OpenTable), as available. You will be solely responsible for ensuring you are awarded any points or perquisites in connection with your reservation and redeeming such points or perquisites. Company will not be responsible for any information you provide to such third-party reservation services. Company will not be responsible for any information that you provide to the restaurant. In addition, you, and not Company, will be solely responsible for (i) updating, rescheduling or cancelling your reservation, as needed, and (ii) notifying a restaurant of any food allergies when suggesting or making reservations at restaurants.
- i) Third Party Amenities: You may request or book certain services from third parties (each a “Third Party Provider”), to the extent they are available at your building, such as dry cleaning, chair massages, fitness classes, salon appointments, wellness programs, eye exams, etc. You will be contracting directly with the Third Party Provider for such services and not Company, and you will be responsible for paying the Third Party Provider directly. You, and not Company, will be solely responsible for (i) scheduling such service appointments, (ii) any applicable day-of correspondence with the Third Party Provider, and (iii) updating, rescheduling or cancelling your service appointment, as needed. Company will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to the service appointment or the Third Party Provider. Company is not responsible for the performance of any services by any Third Party Providers.
- j) Access to Secure Locations: You may access certain of your building’s secure locations, such as exterior doors, elevators, and/or lobby turnstiles. Company will not be responsible for any of your actions or omissions, or actions taken by others as a result of your omissions (g., allowing others to use your Service account or device to access secure locations or failing to re-secure any secure locations after your entry or exit), with respect to such secure locations.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Company. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- a) email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Company or its users to any harm or liability of any type; b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; c) violate any applicable local, provincial, national or international law, or any regulations having the force of law; d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; e) solicit personal information from any minors; f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; i) penetrate, breach, avoid, or otherwise hack the security controls implemented by Company; or j) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to Canadian export control laws. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of Canadian export laws. In particular, the Software is not available in embargoed countries. You represent and warrant that you are not located in an embargoed country to Canada, and that you will not use the Software for any purposes prevented by internal laws on export control, such as for disturbing international peace. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Subject to these Terms of Service, Company hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (i) install the Mobile App on one mobile device and (ii) use the Mobile App for your own use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App for another device on which you also agreed to these Terms of Service. Each instance of the Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.
The technology and software underlying the Service or distributed in connection therewith are the property of HqO, its affiliates and its licensors (including the Mobile App, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by HqO.
Company may offer the Mobile App through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such Mobile App through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (such Mobile Apps, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- Company and you acknowledge that these Terms of Service are concluded between Company and you, and not with Apple Inc. (“Apple”), and that as between Company and Apple, Company, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Company’s (and its service providers’ and/or licensors’, such as HqO) sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Company and you acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Company.
Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Google-Sourced Software: The following applies to any Mobile App you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms of Service are between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for Company’s Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Company’s Google-Sourced Software.
Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found in the Software documentation or the applicable settings, help, legal, notice, or about menu or source files. If required by any license for particular open source software, HqO makes such open source software, and HqO’s modifications to that open source software (if any), available by written request to [email protected] Copyrights to the open source software are held by the respective copyright holders indicated therein.
Intellectual Property Rights
Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Trademarks: The Company name and logos are trademarks and service marks of Company (collectively the “Company Trademarks”). Other product, service and company names and logos (e.g., HqO) used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Company be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Company does not pre-screen content, but that Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Company and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content and Usage Data: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You hereby grant Company and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content, but solely in connection with the operation of the Service, in any form, medium or technology now known or later developed.
Any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution or compensation to you.
Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Company of your infringement claim at [email protected].
Indemnity and Release
To the maximum extent permitted by applicable laws, you agree to release, indemnify and hold harmless Company, its affiliates and its and their officers, employees, directors, service providers, licensors and agents (collectively, “Indemnitees”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions of any kind arising out of or relating to your violation of these Terms of Service or applicable laws. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.
Disclaimer of Warranties
EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS OF SERVICE, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND PERIL. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS LICENSORS AND SUPPLIERS (THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE OR COMPLETE, OR (IV) THE QUALITY OR SUITABILITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NEITHER COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY OTHER TENANTS OF THE BUILDING). NEITHER COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE THROUGH USE OF THE SERVICE. TO THE EXTENT THAT THE SERVICE (INCLUDING ANY THIRD-PARTY SERVICE MADE AVAILABLE THEREIN) CONNECTS YOU TO A THIRD PARTY SERVICE PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING SERVICES HEREUNDER, COMPANY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY SERVICE PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER, INCLUDING YOUR ACTS OR OMISSIONS UNDER ANY AGREEMENT BETWEEN YOU AND SUCH THIRD PARTY. BECAUSE COMPANY IS NOT INVOLVED IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE PROFESSIONAL SERVICE PROVIDERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE COMPANY FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, EXTRACONTRACTUAL LIABILITY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
Company may suspend or terminate your account or use of the Services if you breach these Terms of Service or applicable law. If your account or use of the Services is suspended or terminated, we will provide you with a notice in writing prior or after doing so, at our reasonable discretion. If you disagree with our treatment of the situation, you can write to us to request a review. We may refer any matters which we believe to be in violation of applicable laws to local authorities.
We may terminate these Terms of Services and the Services at any time, with or without notice.
You agree and acknowledge that we are not liable for any termination or suspension of these Terms of Service or the Service in accordance with these Terms of Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Company will have no liability or responsibility with respect thereto. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Company with respect to the service, and govern your use of the Service, superseding any prior agreements between you and Company with respect to the Service. These Terms of Service will be governed by the laws of Quebec, Canada without regard to its conflict of law provisions. Subject to applicable laws, with respect to any disputes or claims arising out of these Terms of Service or the Service, you and Company agree to submit to the personal and exclusive jurisdiction of the provincial and federal courts located within Montreal, Quebec, Canada. The failure of Company to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Company, but Company may assign or transfer these Terms of Service, in whole or in part, without restriction. In addition, Company may subcontract or delegate to other parties (including affiliates) its rights and obligations under these Terms of Service, including the performance of any or all of the Services. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. If any of these Terms of Service are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity or enforceability of any remaining condition.
You acknowledge having requested and being satisfied that these Terms of Service and their accessories be drawn in English. Vous reconnaissez avoir demandé que les présentes modalités et leurs documents connexes soient rédigés en anglais et vous en déclarer satisfait.
Questions? Concerns? Suggestions? Please contact us at [email protected] or at Ivanhoé Cambridge Inc., 1001, rue du Square-Victoria, bureau C-500, Montréal, Québec H2Z 2B5, to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.