Website Use Agreement

1. ACCEPTANCE OF THIS AGREEMENT

This is an Agreement between you and University Marketing Ltd. (“U.M. Marketing”, “we”, “our”, “us”) which governs your access to and use of this website (the “Website”) and any related communications between you and U.M. Marketing by email.

Each time you use the Website you signify your acceptance and agreement to be bound by this Website Use Agreement as it then reads. Please review the following terms and conditions that govern your use of this Website (the "Agreement"). We provide you access to this Website subject to the terms and conditions of this Agreement. Please note that your use of this Website constitutes your unconditional agreement to follow and be bound by these terms and conditions. We reserve the right to update or modify the Agreement at any time without prior notice. If the Agreement has been updated, We will post the new Agreement on this Website and note the date that it was last updated. Your use of this Website following any such posting constitutes your unconditional agreement to follow and be bound by the Agreement as changed. By using this Website, you represent that you are of the age of majority in your jurisdiction. If you are not of the age of majority in your jurisdiction, you must only use this Website under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Website by the minor and you are fully responsible for the minor’s use of this Website, including all legal liability that he or she may incur.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THIS WEBSITE.

2. PERMITTED ACCESS

This Website may be accessed and used only by adult individuals who are located in the United States and Canada and who are can enter into a legally binding agreement under the applicable law. You may access and use the Website in accordance with this Agreement solely for your personal and non-commercial use. You may not use spiders, robots, or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute content available on the Website or to manipulate the results of any activity carried out on the Website including, but not limited to, surveys, sweepstakes, or contests.

3. CHANGES TO THIS WEBSITE USE AGREEMENT

U.M. Marketing may, in its sole and absolute discretion, change, supplement or amend this Website Use Agreement from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting a revised agreement on this Website. By using the Website after this Website Use Agreement has been revised, you signify your acceptance and agreement to be bound by the revised Website Use Agreement.

4. WEBSITE COMMUNICATIONS

Any information you provide through this Website must be true and accurate and to the extent it expresses an opinion concerning a consumer product or service, your honest opinion.

You authorize U.M. Marketing to accept communications it receives from you by means of the Website and to respond to those communications by email, Internet communications or other forms of communication.

Communications you send to U.M. Marketing by means of the Website and email are not effective unless and until they are processed by the responsible U.M. Marketing representative.

U.M. Marketing may decline to process any communication(s) sent by anyone by means of the Website or by email at any time, in its sole discretion, and without any notice or liability to you or any other person.

5. CONFIDENTIALITY AND SECURITY

U.M. Marketing uses data encryption and firewalls to maintain the security of the information it receives through this Website. Nevertheless, security and privacy risks cannot be eliminated.

As a further security precaution, to access and use certain portions of the Website you must use commercially-available browser software (such as a current version of Safari™, Firefox™, Internet Explorer™, or other commercially available browsers) that provides 128-bit encryption and SSL (Secure Sockets Layer) technology.

Personal information will be collected, used and disclosed in accordance with the U.M. Marketing Privacy Policy which can be obtained through this link: http://umsurveys.com/public/privacy_en

6. CORRECTIONS

U.M. Marketing does not guarantee the accuracy, completeness, or timeliness of the information available on or through this Website.

7. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY

U.M. Marketing does not accept any liability for your access to and use of this Website. For that reason, your access to and use of this Website is at your own risk. The operation of this Website may be affected by numerous factors beyond the control of U.M. Marketing, and operation of the Website may not be continuous or uninterrupted.

THIS WEBSITE IS PROVIDED BY U.M.MARKETING ON AN "AS IS" AND "AS AVAILABLE" BASIS. U.M. MARKETING MAKES NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE OR SERVICES PROVIDED THROUGH THIS WEBSITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, U.M. MARKETING DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) RELATING TO THIS SITE OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, U.M. MARKETING DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED, THAT THIS WEBSITE WILL BE ERROR-FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

U.M. Marketing will not under any circumstances be liable to you for any direct or indirect loss or damage, whether in contract, tort, negligence or strict liability or under any other theory of law.

Without limiting the generality of the foregoing, U.M. Marketing will not be liable to you for any loss or damage suffered by you as a result of any failure or refusal of U.M. Marketing to give effect to, or any failure or delay in receiving, accessing, processing or accepting, any communication sent to U.M. Marketing by means of the Website or by email.

8. LIABILITY LIMITATION

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL U.M. MARKETING AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS WEBSITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS WEBSITE, AND ANY LINKS PROVIDED ON THIS WEBSITE; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE INFORMATION CONTAINED ON THIS WEBSITE OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS WEBSITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE; (5) ANY TRANSACTION CONDUCTED ON THIS WEBSITE; AND (4) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF U.M. MARKETING HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS WEBSITE.

9. COPYRIGHTS and TRADEMARKS

Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Website (collectively, the "Contents") are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to U.M. Marketing, or one of their respective affiliates, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of U.M. Marketing and is also protected by Canadian, U.S. and international copyright laws. U.M. Marketing and its suppliers and licensors expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials that appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of U.M. Marketing’s or any third party's intellectual property rights. The U.M. Marketing names and logos and all related product and service names, design marks and slogans are the trade-marks or service marks of U.M. Marketing. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on this Website. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. U.M. Marketing is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

10. RELEASE

By using this Website, you hereby release and forever discharge U.M. Marketing from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind, howsoever arising, whether known or unknown which now or hereafter may exist, and which arise from, relate to, or are connected with your access to and use of this Website.

11. FAIR ALLOCATION OF RISK AND LIABILITY

You acknowledge, by using this Website, that this Website Use Agreement represents a fair allocation of risk and liability.

12. OWNERSHIP AND PERMITTED USES OF THE WEBSITE

This Website and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, data, and other elements available on or through the Website are the property of U.M. Marketing and are protected by Canadian and international copyright, trademark, and other laws. Your access to and use of the Website does not transfer to you any ownership or other rights in the Website or its content.

This Website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of U.M. Marketing. You may not reproduce, copy, duplicate, sell, or resell any part of the Website or access to this Website.

You may only use this Website for lawful, personal, and non-commercial purposes.

13. TERMINATION OF THIS WEBSITE USE AGREEMENT USE OF THIS WEBSITE

If you breach any provision of this Website Use Agreement, you may longer use this Website and U.M. Marketing may, at any time and for any reason, restrict, suspend or terminate your use of this Website.

14. GOVERNING LAW

This Website Use Agreement represents the complete agreement between you and U.M. Marketing in relation to the use of this Website and supersedes all prior agreements and representations between us. If any provision of this Website Use Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of this Website Use Agreement shall remain in full force and effect. The delay or failure of U.M. Marketing to act with respect to a breach of this Website Use Agreement by you or others does not constitute a waiver and shall not limit U.M. Marketing’s rights with respect to such breach or any subsequent breaches. U.M. Marketing shall not be liable for any delay or failure to perform any of its obligations under the terms of this Website Use Agreement if such delay or failure is due to causes beyond its control. You may not assign this Website Use Agreement to any third party without the prior written consent of U.M. Marketing. The terms of this Website Use Agreement will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) U.M. Marketing and its successors and assigns. This Website Use Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with U.M. Marketing or relating in any way to your use of the Website will be in the courts of the Province of British Columbia unless required otherwise by applicable laws of your province of residence. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

February 24, 2017