LAST REVISED MAY 1, 2013
Accepting the Terms
By using the Sites, the CWM Application or the information, tools, features and functionality located on the Sites, you are bound by this Agreement whether you are simply visiting or browsing the Sites or whether you have subscribed to our services.
You may not use our services and may not accept this Agreement if you are not of a legal age to form a binding contract with Canada Wide. If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, that you have authority to bind such entity. In relation to the youthink.ca site, which is targeted toward children, you agree that your parent has consented to your use of that site. If parents have any specific questions about their child’s use of this website, they should contact privacy.emob.canadawide.com
The content on the Sites and the CWM Applications are intended for personal, non-commercial use. All materials published on the Sites and/or the CWM Applications are protected by copyright and owned by Canada Wide. All visitors or users must abide by copyright notices.
YOU MAY NOT MODIFY, PUBLISH, TRANSMIT, PARTICIPATE IN THE TRANSFER OR SALE OF, OR REPRODUCE, CREATE NEW WORKS FROM, DISTRIBUTE, PERFORM, DISPLAY, OR IN ANY WAY EXPLOIT THE CONTENT DISPLAYED ON THE SITES OR THE CWM APPLICATION.
Downloading or copying of content is acceptable as long as the visitor or user complies with copyright notices. You may seek prior written permission to reprint materials by contacting us at reprints.emob.canadawide.com.
You are able to post content to the Sites (the “Submissions”). You hereby transfer, assign, and convey to Canada Wide all rights, title and interest to such Submissions. You acknowledge and agree that Submissions are non-confidential and non-proprietary to you. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to use your Submissions; we reserve the right in our absolute discretion to determine which Submissions are used by Canada Wide and what is published on the Sites. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully and solely responsible for all the content of your Submissions. You will not use the Service to post or transmit: (a) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (b) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or service); and (c) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be fully and solely liable to any third party and to us for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Sites.
To the extent that you participate or view any other postings or chats, you agree that such communications are not endorsed or approved by Canada Wide, and reflect the views only of the authors who posted the content in the public forum. The views expressed in the public forum do not reflect the views of Canada Wide, and we specifically disclaim any liability with respect to the content and any actions resulting from your communications in same.
The content and information in the Sites and CWM Application, as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to modify, copy, distribute, transmit, display, reverse engineer, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Sites and CWM Application. Additionally, you agree not to: (a) use the Sites and CWM Application or its contents for any commercial purpose; (b) make any speculative, false, or fraudulent notification; (c) access, monitor or copy any content or information of the Sites and CWM Application using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (d) violate the restrictions on the Sites and CWM Application or bypass or circumvent other measures employed to prevent or limit access and or to the Sites and CWM Application; (e) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (f) deep-link to any portion of the Sites and CWM Application (including, without limitation, the purchase path for any gaming services) for any purpose without our express written permission; or (g) "frame", "mirror" or otherwise incorporate any part of the Sites and CWM Application into any other web Sites without our prior written authorization.
The services that we provide to you include the ability, via your mobile device, to upload content to your mobile device. Your carrier’s normal messaging, data and other rates and fees will apply. You should check with your carrier before downloading any content to ensure you know the cost of doing so. Downloading, installing or using certain services may be prohibited or restricted by your carrier and not all mobile downloads will work with all carriers or devices. We are not responsible for any damage to any mobile device or any other technology from any security breach or any virus, bugs, tampering, fraud, interruption, defect, delay in operation or transmission or network failure or other malfunction, whether caused in whole or in part by the CWM application.
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. CANADA WIDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITES OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
CANADA WIDE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICE, OR OF THE CONTENT OF ANY THIRD PARTY WEB SITES OR INFORMATION, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. CANADA WIDE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OR SERVICES THAT MAY BE AVAILABLE THROUGH THE SERVICE ARE FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Limitations on Canada Wide’s Liability
IN NO EVENT SHALL CANADA WIDE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, OR DAMAGES OF ECONOMIC LOSS, LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO CANADA WIDE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF CANADA WIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CANADA WIDE’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE PRICE PAID BY YOU TO CANADA WIDE FOR THE SERVICE.
You agree that the limits on Canada Wide’s liability are a reasonable allocation of risk between you and Canada Wide and that they are a fundamental term of this Agreement and an essential basis on which the parties entered into this Agreement.
While Canada Wide takes steps to ensure the accuracy and completeness of product and third-party services information provided, please refer to the originator of the information, product or services (e.g., the third party service provider or manufacturer) for complete product details.
IN NO EVENT IS OR WILL CANADA WIDE BE RESPONSIBLE OR LIABLE FOR ANY SERVICE, MATERIAL OR PRODUCTS PROVIDED BY ANY THIRD PARTY THAT ARE AVAILABLE OR OFFERED THROUGH THE SERVICE OR ON THE SITES. CANADA WIDE MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES IN RESPECT OF ANY THIRD PARTY SERVICE, MATERIAL OR PRODUCTS AND USER SHOULD CONTACT THE SUPPLIER OR MANUFACTURER OF ANY SERVICE, MATERIAL OR PRODUCT PROVIDED BY A THIRD PARTY FOR ANY WARRANTY OR OTHER CLAIM.
Your Indemnification of Canada Wide
YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS CANADA WIDE AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, LICENSORS, PARTNERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, IN WHOLE OR IN PART ARISING OUT OF OR ATTRIBUTABLE TO ANY USE OR NON-USE OF THE SERVICE OR ANY FAILURE TO COMPLY WITH ANY TERM OR CONDITION OF THIS AGREEMENT BY YOU.
Governing Law and Forum for Disputes
This Agreement, and your relationship with Canada Wide under this Agreement, shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict or choice of laws provisions. Any dispute, claim, suit or proceeding with Canada Wide, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be brought in the courts of the Province of British Columbia, in Vancouver, British Columbia, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Canada Wide may seek such relief in any court with jurisdiction over the parties.
You also acknowledge, agree and understand that, with respect to any dispute with Canada Wide, its affiliates, and their respective officers, directors, employees or agents, arising out of or relating to your use of the Service or this Agreement:
- YOU HEREBY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU HEREBY GIVE UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
If you sign up for a subscription or purchase a mobile application, we will bill you for the term you select using the Billing Information you provide for the term of Services you select. You agree to pay Canada Wide all charges at the prices then in effect for your use of the Services using the payment method from the choices accepted by Canada Wide, and any applicable taxes, and you authorize Canada Wide to charge the card you provide (your "Payment Card") through your chosen Payment Card provider for the Services. You agree to pay the monthly, annual or other term charges as set forth on any offer you accepted, applicable taxes, and other charges incurred on your account. If the offer you accept includes an automatic renewal feature, at the end of each term you select, Canada Wide will automatically charge your Payment Card account for renewal of your subscription term. The renewal charge will be the current renewal rates for the term of your subscription. Canada Wide reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. In the event Canada Wide cannot charge the Payment Card, we reserve the right to bill you or terminate your subscription(s). All prices are in CDN Dollars and do not include Internet service provider, telephone, and other connection charges. Any attorney or legal fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you.
If you purchase a subscription and cancel during the term of subscription, Canada Wide will refund the remainder of your paid subscription on a pro-rata basis that will cover the unserved issues of your subscription.
Cancelation; Subscription Issues
If you want to cancel your subscription(s) or have another issue regarding your subscription, you can call customer service at 604-299-7311 or 1-800-663-0158 if outside the Vancouver area.
If your Payment Card expires you are responsible for updating your Billing Information. Account updates should be made via phone at 604-299-7311 or 1-800-663-0158 if outside the Vancouver area.
You agree that Canada Wide may continue charging your Payment Card for any use of the Service unless you provide new Billing Information to Canada Wide or Canada Wide has evidence that you have cancelled your subscription(s).
You are responsible for promptly updating your Billing Information in the event of any known or suspected unauthorized use of your Billing Information, including loss, theft, or unauthorized disclosure of your Billing Information.
The terms of your payment will be determined by agreements between you and the financial institution, credit/debit card issuer or other provider of your chosen Payment Card (the "Payment Card Provider"). If Canada Wide does not receive payment from your Payment Card Provider, Canada Wide reserves the right to bill you and you agree to pay all amounts due on your account upon demand.
Change in Fees
If the amount to be charged to your Payment Card varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), Canada Wide will provide notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction.
Third Party Purchases
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
If Canada Wide does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Canada Wide has the benefit of under any applicable law), this is not a formal waiver of Canada Wide’s rights and that those rights or remedies will still be available to Canada Wide.
All covenants, agreements, indemnities, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. All limits of liability, governing laws, disclaimers of warranties, indemnities, submissions, warranties by you and general clauses survive the expiration or termination of this Agreement.
Any rights not expressly granted herein are reserved by Canada Wide.