These Terms of Use, as amended from time to time (the “Terms”) are a binding agreement between Perk.com Canada Inc. and its subsidiaries and affiliates (“we”, “us”, or “our”, as the context requires) and you. You must agree to these Terms, including the privacy policy described below, before using our websites or mobile applications or any related software, features or functionality (collectively the “Services”). By accessing and using the Services, you agree to be bound by these Terms, which governs your use of the Services. If you do not agree to be bound by these Terms, you are not authorized to use the Services.
1. Registration and Privacy
You may be required to register to use the Services or to download an application, enter a survey or contest, or subscribe to a newsletter. In this case, you may be required to submit certain personal information, such as your name and e-mail address. You may not enter a name or any information of another person with either the intent to impersonate that person or without their permission. We reserve the right to refuse a registration, or to cancel a registration, at our sole discretion. Please see our Privacy Policy to learn how we collect, use, and protect personal information. The Privacy Policy is part of and incorporated into these Terms.
2. Commenting
Comments are the sole responsibility of the individual commenters. We reserve the right to delete any comments at our sole discretion, and in particular, any comments that include hate speech, libel, plagiarism, threats, personal attacks, off-topic assertions or inappropriate language, in order to protect the integrity of the Services and its users. Comments left with false or misleading email addresses and other information will also be deleted. We do not edit comments for content.
3. Online Conduct
We will not monitor or judge all the content of information transmitted over this service, but will investigate complaints of possible inappropriate use. We may at any time make determinations that particular uses of the Site are or are not appropriate with or without notice to you, at our sole discretion. The following guidelines provide some examples but are not restrictive:
- You must respect the privacy of others; for example, you shall not intentionally seek information on, obtain copies of, or modify files, other data, or passwords belonging to others, or represent yourself as another user unless you are explicitly authorized to do so by that user.
- You must respect the legal protection provided by intellectual property laws, including trademark, copyright and licenses to programs and data.
- You must respect the integrity of computing and network systems; for example, you shall not intentionally develop or use programs that harass other users or infiltrate a computer, computing system or network or damage or alter the software components of a computer, computing system or network.
- Your use of the Services must be consistent with guiding ethical statements and accepted community standards. Malicious use is not acceptable.
- You may not use the Services and any attached network in a manner that precludes or significantly hampers its use by others.
- You may not establish connections that create routing patterns that are inconsistent with the effective and shared use of the network.
- You may not use the Services or any attached network for the transmittal or posting of unsolicited commercial e-mail. Also, unsolicited advertising is not acceptable.
- Repeated, unsolicited and unwanted communication of an intrusive nature is not acceptable.
4. Interference
You agree not to interfere with the operations of the Services. Intentional interference with the Services or brute force attacks will be reported to your Internet Service Provider and/or the appropriate law enforcement authorities.
5. Copyright Protection
Unless otherwise indicated, all content displayed as part of the Services, including but not limited to any applications, software, text, design, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof (collectively, the “Content”) is the property of us and/or our third-party licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a license to electronically copy and to print in hard copy portions of the Services for non-commercial, information purposes only. This license does not include the right to: (a) use the Services or Content for other than for your personal informational purposes, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Services, including any images or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Content, including reproduction or hosting the Content on any computer network or broadcast or publications media; (d) make derivative uses of the Services or Content; (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods; (f) post obscene content; or (g) any other illegal or unlawful activity. You are prohibited from data mining, scraping, crawling or using any process or processes that send automated queries to the Services. You may not use the Services to compile a collection of listings, including a competing product or service. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent, or other intellectual property right in the Content or the products, services, processes or technology described therein. All such rights are retained by us and/or any third party owner of such rights.
6. Copyright License
There may be opportunities for you to post, send to, or otherwise contribute content, feedback or other types of information to the Services, including but not limited to any applications, software, text, design, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof (collectively, the “User Content”). You grant us a non-exclusive, world-wide, irrevocable license to use any User Content for the purposes of operating the Services and for ancillary purposes, such as compilations, marketing, advertising, and the like. By posting any User Content on the Services you warrant that the User Content is yours to post and that it will not be infringing on the intellectual property rights of any third party. We reserve the right to remove any User Content at any time.
7. The Services and Content
The Services as well as any Content that we provide are always evolving and the form and nature of the Services or Content that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that we and our third-party providers and partners may place such advertising on the Services or in connection with the display of Content or User Content from the Services whether submitted by you or others.
All User Content is the sole responsibility of the person who originated such User Content. We may not monitor or control the User Content and we cannot take responsibility for such User Content. Any use or reliance on any User Content or any other materials posted via our Services or obtained by you through our Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of the Services, the Content, the User Content, or endorse any opinions expressed via our Services. You understand that by using the Services, you may be exposed to Content and User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for the Services or any Content or User Content, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of the Services, any Content or User Content posted, emailed, transmitted or otherwise made available via our Services or broadcast elsewhere.
8. Passwords
You are responsible for safeguarding any passwords that you use to access our Services and for any activities or actions under your password. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
9. Links to Third-Party Sites
The Services may provide links to third-party sites operated by persons other than the us. Please note that if you access links to third-party sites you do so at your sole risk. We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or content, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Services. In addition, we are not responsible for any viruses, Trojan horses, or other items of a destructive nature that they may contain.
WE WILL NOT BE LIABLE FOR ANY ACTIVITIES, INCLUDING TRANSACTIONS, CONDUCTED WITH THIRD PARTIES OR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. WE ARE NOT AND WILL NOT BE RESPONSIBLE FOR (I) THE TERMS AND CONDITIONS OF ANY ACTIVITIES BETWEEN YOU AND ANY THIRD PARTY; (II) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY SUCH THIRD PARTY’S BACKGROUND, INSURANCE, CREDIT OR LICENSING; (III) THE QUALITY OF SERVICES PERFORMED BY ANY SUCH THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES; (IV) ANY CONTENT ON THE THIRD PARTY SITES; (V) THE QUALITY OF ANY PRODUCT SOLD BY ANY SUCH THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS SOLD BY SUCH THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT LIABILITY; (VI) THE AVAILABILITY OF ANY DISCOUNTS OR SPECIAL PRICING TERMS INDICATED IN THE SERVICES OR ANY LINKED SERVICES; OR (VI) ANY DATA SECURITY OF SUCH THIRD PARTIES. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU HEREBY RELEASE US, AND WAIVE IN FAVOUR OF AND HOLD HARMLESS US (AND OUR AGENTS, PRINCIPALS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND 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 DISPUTES.
Facts On The Brain is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
10. Warranties and Disclaimers
Although the Services and any Content provided thereon may be compiled by those knowledgeable in their fields, information provided within the Services is not intended to be a substitute for informed or professional advice or recommendations. In addition, we cannot guarantee the accuracy of the information or any content within the Services. You will not construe information provided as part of the Services as professional advice and understand it is for informational purposes only. If you submit a request for information we will try to respond but we do not guarantee that any information you may receive in response to your request will be helpful, accurate, or responsive to your request.
We do not endorse or recommend, and expressly disclaim liability for any product, manufacturer, distributor, service, or service provider mentioned in any request for information, response to request for information, comment or anywhere else as part of the Services. Further, we do not endorse or support any opinion expressed in a request for information, response to request for information, comment or anywhere else in the Services. THE SERVICES (INCLUDING CONTENT, USER CONTENT, MATERIALS AND INFORMATION THEREIN) IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICES, CONTENT, AND MATERIALS. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DISCLAIM ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SERVICES.
THE USER OF THE SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICES AND THE INTERNET GENERALLY.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO ANY USER FOR HIS/HER USE, MISUSE OR RELIANCE ON ANY CONTENT, PRODUCT, OR SERVICE DISPLAYED ON OR ACCESSED VIA THE SERVICES FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, WHETHER BROUGHT UNDER THE THEORY OF WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES, THE CONTENT, OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON, OR PERFORMANCE OF ANY CONTENT OR USER CONTENT CONTAINED IN OR ACCESSED FROM THE SERVICES. WE DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED ON AS PART OF THE SERVICES OR OTHER CONTENT ACCESSIBLE FROM ANY OTHER WEBSITES.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
IF THERE IS ANY CIRCUMSTANCE WHERE A REMEDY MAY BE AVAILABLE NOTWITHSTANDING THE ABOVE LIMITATION, THE MAXIMUM AMOUNT OF COMPENSATION OF ANY TYPE TO BE PAID BY US TO YOU IS LIMITED TO THE AMOUNT OF FUNDS PAID BY YOU TO US, EVEN IF THIS AMOUNT IS $0.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Indemnification
You agree to hold harmless and indemnify us and our employees, agents, and representatives, from and against any third-party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit, or action.
13. Changes to these Terms
We may change any term of these Terms at any time and for any reason without notice. Any changes will be posted on this page. Your continued use of the Services following the posting of changes to these Terms will be deemed as your acceptance of those changes. If any changes to these Terms are unacceptable to you, you must discontinue using the Services.
14. Assignment
You shall not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation by you without our prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by us at our sole and absolute discretion. At our sole discretion, we may transfer, sell, or assign this Agreement.
15. Governing Law
These Terms will be governed by and construed in accordance with the laws of the province of Ontario in Canada, without giving effect to its conflict of laws provisions or your actual location of residence.
16. Additional Legal Terms
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Any failure by us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in these Terms are included for convenience only, and shall not limit or otherwise affect the terms contained herein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the use of the Services or, where applicable, purchases from the Services, the application of which is hereby expressly excluded. The parties specifically acknowledge and agree that this Agreement be drafted and fully enforceable as written in the English language. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s’y rattache, soient rédigés en langue anglaise. These Terms constitute the entire agreement between us and you with respect to the subject matter hereof.
17. Contacting Us
You may contact us with any questions about these Terms at: factsonthebrain@perkcanada.com