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Terms of Use

Last updated November 16th, 2023

PLEASE READ THESE TERMS OF USE TOGETHER WITH ANY AND ALL OTHER TERMS, CONDITIONS, AND POLICIES REFERENCED HEREIN CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AS WELL AS DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF OUR LIABILITY AND LIMITATIONS AND WAIVERS OF YOUR RIGHTS AND REMEDIES. IN ORDER FOR US TO PROCESS YOUR APPLICATION OR ANY TRANSACTIONS REQUESTED BY YOU IN CONNECTION WITH THIS SITE, WE OR THIRD PARTIES MAY NEED TO CONDUCT A CREDIT CHECK ON YOU TO VERIFY YOUR CREDIT SCORE.

  1. Welcome. Welcome to consumergenius.com™! This website (this “Site”) is owned and operated by consumergenius.com (“Company”, “we”, “us”, “our”, or words of similar meaning). This Site provides you with information regarding products and services offered by third parties, including customers, service providers, and trading partners. By clicking on the links provided, this Site provides you with the ability to connect with such third parties in order to receive more information about their products and services as well as the ability to purchase them.
  2. Your Agreement to these Terms of Use. This Site, the Content, the Links, and the Questionnaires (each, as defined herein) are made available to you subject to your compliance with these terms and conditions of use and our Privacy Policy (collectively, these “Terms of Use”). THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY ACCESSING OR USING THIS SITE (IN WHOLE OR IN PART), YOU COVENANT AND AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE AND REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE (IN WHOLE OR IN PART), YOU ARE NOT PERMITTED TO ACCESS OR USE THIS SITE OR ANY CONTENT, LINKS, OR QUESTIONNAIRES. YOU MAY ONLY ACCESS AND USE THIS SITE FOR LAWFUL PURPOSES.
  3. Privacy. For information about how Company collects, uses, and shares your personal information, including in connection with this Site, please review our Privacy Policy.
  4. Territorial Limitation. This Site is only intended to market and sell to residents of Canada, excluding the Province of Québec (the “Territory”). If you are a resident in a jurisdiction outside the Territory, you are not permitted to access or use this Site (in whole or in part). By accessing or using this Site or any portion of it, you represent and warrant that you are a resident of the Territory.
  5. Minors. This Site is only accessible to users who are 18 years of age or older and capable of entering into binding contracts. If you are a minor or incapable of entering into binding contracts, you are not permitted to access or use this Site (in whole or in part). By accessing or using this Site or any portion of it, you represent and warrant that you are at least 18 years of age and capable of entering binding contracts.
  6. Modifications. Company reserves the right, in its sole discretion, to amend, modify, restate, replace, or supplement these Terms of Use, in whole or in part, at any time and from time to time. You should review these Terms of Use regularly. By accessing or using this Site or any portion of this Site after any such amendments, modifications, restatements, replacements, or supplements, you agree to be bound by, and comply with, these Terms of Use, as so amended, modified, restated, replaced, or supplemented. If any such amendment, modification, restatement, replacement, or supplement is not acceptable to you, you must immediately cease accessing and using this Site and any and all Content.
  7. Content, Links, Questionnaires, and Third-Party Sites. This Site contains content provided by Company and third parties (the “Content”) as well as links (each, a “Link”) and questionnaires or decision funnels (each, a “Questionnaire”) that direct you to websites of third parties (each, a “Third-Party Site”). By accessing and using this Site, the Content, or any Link or Questionnaire (in whole or in part), you acknowledge and agree that:
    1. the Content, Links, and Questionnaires are both necessary and desirable for you to be able to be directed to third parties for the purposes of processing your application and transacting business with them, including to purchase their products and services;
    2. Third-Party Sites and the content of, and any services or products accessible by, Links, Questionnaires, or Third-Party Sites are not provided by, nor is any of it under the control of, Company;
    3. Company does not endorse any content of, or any services or products accessible by, any Third-Party Site or provide any representation, warranty, or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such Third-Party Site or the content thereon or any services or products advertised thereon or accessible thereby or purchased by you in connection therewith; and
    4. if you choose to use the Content, click on any Links, provide any information using any Questionnaires, or access any Third-Party Site, you do so entirely at your own risk and liability.
  8. Your Inputs. This Site or the Links or Questionnaires may prompt you to, or allow you to, provide, input, or upload information and other content to this Site and to us and third parties from time to time (“Your Inputs”). By providing any of Your Inputs in connection with this Site, you represent and warrant that you have all necessary rights and licences to do so and that all of Your Inputs are true, complete, and accurate as at the time you provided it. Subject to our Privacy Policy, Company reserves the right in its discretion to remove, edit, limit, or block access to any of Your Inputs at any time, and it will have no obligation to review or verify Your Inputs. You are solely responsible and liable for Your Inputs.
  9. Information You Provide to Us. The Site provides means by which you can contact and provide information and feedback to us. You acknowledge and agree that, to the maximum extent permitted by applicable law and subject to our Privacy Policy, any information you provide to us (“Your Information”) will be treated as non-confidential and Company will have no obligations whatsoever with respect to Your Information, including to keep Your Information secure or confidential. By providing us with your Information, you represent and warrant that you have all necessary rights and licences to do so and that all of Your Information is true, complete, and accurate as at the time you provided it. By providing us with Your Information, you automatically and unconditionally grant Company a non-exclusive, royalty-free, irrevocable, sub-licensable, transferrable, perpetual, worldwide right and licence to use, copy, modify, display, publish, and otherwise commercialize Your Information in any way, without compensation to you, including editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public Your Information (in whole or in part) in any format or medium currently known or developed in the future (“Your Licence”). You acknowledge and agree that Company may assign, transfer, or sub-license Your Licence to any person, including its affiliates, customers, service providers, and trading partners, without any further approval by you.
  10. Consent to Credit Checks. You acknowledge and agree that, in order for us or third parties to process your application or any transactions requested by you in connection with this Site, we or third parties may need to conduct a credit check on you to verify your credit score. By using this Site and providing your personal information, you provide your consent and agreement to any and all such credit checks.
  11. Trademarks. Any and all trademarks, corporate names, business names, and other trade names of Company, including CONSUMER GENIUS™ and any and all logo, word script, and design versions thereof, in each case whether registrable or not, owned, or used by Company or any of its affiliates are trademarks of Company or its affiliates, as applicable (collectively, the “Company Marks”). Other trademarks, service marks, graphics, and logos used in connection with Company Property may be the trademarks of their respective owners (“Third-Party Marks”). You are not granted any right or licence with respect to any Company Marks or Third-Party Marks.
  12. Company Property.
    1. “Company Property” means this Site and: (i) Company Marks, Content, Links, and Questionnaires; (ii) any and all logos, designs, graphics, images, photographs, artwork, and other artistic works related to this Site; (iii) any and all editorial content, text, data, and other literary works on this site; (iv) any and all videos, sounds, and performance or audio-visual works on this Site; (v) any and all selections, arrangements, compilations, modifications, and enhancements of any of the foregoing (vi) any and all systems and software, including source code, object code, and scripts that may execute on this Site's servers or that may be embedded or downloadable from individual web pages on this Site; (vii) the organization, presentation, design, architecture, interface, templates, layout, web pages, and look and feel of this Site; (viii) any and all URLs associated with this Site; and (ix) any and all intellectual property rights in any of the foregoing.
    2. By accessing or using this Site or any other Company Property or by displaying, saving, downloading, or printing a copy of any Content, you do not acquire any ownership rights, including by right or licence, to this Site or any other Company Property.
    3. You acknowledge and agree that all Company Property: (i) is protected by copyright and is owned by Company, its affiliates, or their respective licensors; (ii) contains proprietary information and material that is owned by Company, its affiliates, or their respective licensors; and (iii) is protected by applicable law, including copyright law. Any and all copyrights in and to any Company Property, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources and related software, are owned by Company and its affiliates or their respective licensors, who in each case reserve all their rights in law and equity.
    4. The use of any Company Property, other than as expressly permitted by these Terms of Use, is strictly prohibited and infringes on the intellectual property rights of Company and others and may subject you to civil and criminal penalties, including monetary damages, for copyright infringement.
    5. Notwithstanding any other provision of these Terms of Use, Company and its licensors reserve the right to change, suspend, remove, or disable access to any Company Property at any time without notice. You acknowledge and agree that, in no event will Company be liable for making any such changes. Company may also impose limits on your use of or access to certain features or portions of Company Property, in any case and without notice or liability.
  13. Licence and Permitted Uses. Subject to and in accordance with the terms, restrictions, and conditions of these Terms of Use, Company grants to you a personal, non-exclusive, non-transferable, limited to the Territory, revocable right and licence to access and use this Site and the Content, Links, and Questionnaires in accordance with these Terms of Use and applicable law and only to display on your own computer or mobile device for your own personal, internal, non-commercial use (“Permitted Uses”). All rights not expressly granted herein by Company are expressly reserved by Company.
  14. Prohibited Activities. You may not access or use this Site or any other Company Property in any way or for any purpose that is unlawful or that contravenes these Terms of Use. Unless and only to the extent otherwise expressly permitted in writing by Company, you will not access or use any Company Property for any purpose that is outside the scope of the Permitted Uses or that violates the rights of Company or any other person. Without limiting the foregoing, you will not, directly or indirectly, on your own or with any other person, in any manner whatsoever:
    1. access or use any portion of this Site or other Company Property that is not expressly authorized for use by you by these Terms of Use;
    2. exploit any Company Property (in whole or in part), including by trespass or burdening network capacity (either of Company or a third party);
    3. reproduce any Company Property (in whole or in part) in any form or by any means;
    4. make available, distribute, display, post, disseminate, publish, republish, transmit, re-transmit, communicate to the public, or broadcast any Company Property (in whole or in part);
    5. create derivative works of any Company Property (in whole or in part), or modify, translate, select, arrange, merge, compile, or otherwise combine any Company Property (in whole or in part) with other data, content, or frame from or on another website;
    6. scrape, whether by way of screen scraping or database scraping, any Company Property (in whole or in part) or engage in any other activity intended to collect, store, reorganize, summarize, or manipulate any Company Property (in whole or in part), whether by an automatic program or a manual process;
    7. sell, licence, sublicence, transfer, rent, lease, or loan any Company Property (in whole or in part) or any reproduction of all or any portion thereof in any medium;
    8. decompile, disassemble, reverse engineer, virtualize, or otherwise exploit any Company Property (in whole or in part), its architecture, or any underlying software or code;
    9. dilute, tarnish, or otherwise harm the brand, goodwill, or reputation of the Company or any of its affiliates in any way, including through unauthorized use of any Company Property, registering or using Company Marks (in whole or in part) or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering or using domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to Company's domains, trademarks, taglines, promotional campaigns, or any other Company Property;
    10. not modify, alter, manipulate, delete, damage, or cover up in any way any copyright or other intellectual property notices;
    11. access or use this Site or any other Company Property (in whole or in part) in any way or for any purpose that violates applicable law or any of the terms and conditions of these Terms of Use;
    12. access or use this Site or any other Company Property (in whole or in part) for any purpose that violates the rights of Company or (in the sole discretion of Company) any other person;
    13. access or use this Site or any other Company Property (in whole or in part) for any purpose or in any manner that falsely implies the endorsement of Company, a partnership with Company, or otherwise misleads others as to your affiliation or relationship with Company;
    14. use this Site or any other Company Property (in whole or in part) in the operation of a service bureau or process or permit to be processed the information or data of any person;
    15. copy, store, or otherwise access or use any information, including personal information of any other person, contained on or accessible by way of this Site in any way that is inconsistent with applicable law or that otherwise violates the privacy rights of any person;
    16. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation or otherwise engage in any violent, harmful, abusive or disruptive behaviour or otherwise contrary to applicable law;
    17. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Company or any person for or on behalf of Company to protect this Site or any other Company Property (in whole or in part);
    18. take any action that damages or adversely affects or could damage or adversely affect the performance or proper functioning of this Site or any other Company Property (in whole or in part); or
    19. violate or infringe any person's rights (including intellectual property rights) or otherwise cause harm, injury, illness, or death to any person or any losses or damages to any tangible or intangible property.
  15. Site Security. You may not interfere with the security of this Site, including any of the security features used to maintain the security and integrity of this Site, or otherwise abuse this Site or any systems, software, servers, resources, services, or networks connected to or accessible through this Site. You will not, nor permit or enable any third party to, attempt to enter restricted areas of this Site or Company's systems or perform functions that you are not expressly authorized in writing by Company. Company may, without notice to you, temporarily or permanently, suspend or terminate your, or any other person's, access to or use of this Site (in whole or in part) or any Links or any related services, including by deactivating any passwords or links to the Internet, if Company determines in its sole discretion that you, or any other parties, are obtaining unauthorized access to the systems or information of Company or any of its affiliates or any of its third party service providers or trading partners.
  16. Violation of the Law. You acknowledge and agree that any attempt by you or on your behalf to deliberately damage or misappropriate this Site or any other Company Property (in whole or in part) or to undermine the legitimate operation of this Site or any other Company Property (in whole or in part) may be a violation of criminal and/or civil laws, and should such an attempt be made, Company reserves the right to seek damages from you to the maximum extent permitted by law.
  17. Currency of Site. Company updates this Site and the Content periodically. Company cannot and does not warrant or guarantee and disclaims any and all responsibility and liability for the accuracy, currency, or completeness of this Site or the Content. Company may, at any time and from time to time, revise, supplement, or delete Content, Links, products or services, or the resources contained on or accessible by way of this Site and reserves the right to make such changes without prior notification to you.
  18. DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT:
    1. THIS SITE AND ANY AND ALL CONTENT AND LINKS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND WHATSOEVER;
    2. ACCESS TO, AND USE OF, THIS SITE AND ANY AND ALL CONTENT, LINKS, AND THIRD-PARTY SITES AND ANY RELATED SERVICES AND PRODUCTS IS ENTIRELY AT YOUR OWN RISK AND LIABILITY, AND NO ONE SHOULD ACT, OR NOT ACT, ON THE SOLE BASIS OF THE CONTENT, LINKS, OR THIRD-PARTY SITES (IN WHOLE OR IN PART);
    3. COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ANY CONTENT, LINK, OR THIRD-PARTY SITE WILL BE ERROR FREE, OR COMPLETELY ACCURATE OR CURRENT AT ALL TIMES OR AT ANY TIME, INFORMATION ON THIS SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TO THE EXTENT THAT THIS SITE OR ANY CONTENT, LINK, OR THIRD-PARTY SITE IS CURRENT AS OF THE DATE OF FIRST PUBLICATION, IT MAY NO LONGER BE ACCURATE AS A RESULT OF THE PASSAGE OF TIME;
    4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND WHATSOEVER (WHETHER EXPRESS, IMPLIED, OR COLLATERAL) AND ANY AND ALL RESPONSIBILITY OR LIABILITY WITH RESPECT TO THIS SITE OR ANY AND ALL CONTENT, LINKS, AND THIRD-PARTY SITES, OR ANY RELATED SERVICES AND PRODUCTS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, OR THAT THIS SITE OR ANY CONTENT OR ANY THIRD-PARTY SITE OR ANY RELATED SERVICE OR PRODUCTS WILL MEET ANY PERSON'S NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE UNINTERRUPTED OR ERROR-FREE;
    5. COMPANY DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THIS SITE OR ANY CONTENT, LINKS, THIRD-PARTY SITES, OR ANY RELATED SERVICES OR PRODUCTS IS OR WILL BE COMPATIBLE WITH ANY PERSON'S NEEDS OR COMPUTER SYSTEMS OR IS OR WILL ERROR-FREE, OR FREE OF VIRUSES, WORMS, TROJAN HORSES, DISABLING DEVICES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR HAS HARMFUL EFFECTS;
    6. COMPANY WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, AND YOU ARE SOLELY RESPONSIBLE FOR, IMPLEMENTING APPROPRIATE SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR COMPUTER SYSTEMS AND THE ENTIRE COST OF ANY SERVICE, REPAIRS, OR CONNECTIONS OF AND TO YOUR COMPUTER SYSTEMS THAT MAY BE NECESSARY AS A RESULT OF YOUR USE OF THIS SITE AND ANY AND ALL CONTENT, LINKS, THIRD-PARTY SITES, OR ANY RELATED SERVICES AND PRODUCTS; AND
    7. COMPANY WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR ANY OTHER COMMUNICATION BETWEEN YOU AND COMPANY OR ANY THIRD PARTY ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ONLINE OR ON THE INTERNET OR THIS SITE OR ANY LINKS, THIRD-PARTY SITES, THIRD-PARTY SERVICES, OR ANY OTHER WEBSITES OR SERVICES, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING OR STREAMING ANY CONTENT OR MATERIALS.
  19. Indemnity. To the maximum extent permitted by applicable law, you agree to, at your own cost and expense, indemnify, defend, and hold harmless Company and its affiliates and third-party customers, service providers, trading partners, and licensors and each of their respective shareholders, directors, officers, employees, personnel, contractors, subcontractors, agents, and representatives from and against any and all actual, threatened, or potential civil, criminal, administrative, regulatory, arbitral, or investigative claims, demands, allegations, actions, suits, investigations, or proceedings and any and all losses, liabilities, and damages (including taxes and related penalties) and related costs or expenses, including legal fees (on a full indemnity basis), and expenses and costs of litigation, settlement, judgement, appeal, interest and penalties (on a full indemnity basis) that may be suffered or incurred by any of them arising out of or as a result of or relating in any manner whatsoever to:
  20. your access to or use of this Site, any Content, any Links, any Questionnaires, or any Third-Party Sites (in whole or in part) or any access to or use of this Site, any Content, any Links, any Questionnaires, or any Third-Party Sites (in whole or in part) by any person in respect of which you are responsible at law;
  21. any acts or omissions by you or any person in respect of which you are responsible at law in reliance upon this Site or any Content, Links, or Third-Party Sites (in whole or in part);
  22. any of Your Inputs or Your Information;
  23. any breach or non-observance by you or any person in respect of which you are responsible at law of these Terms of Use, including any of your obligations pursuant to or in connection with these Terms of Use;
  24. any breach or violation of applicable law by you or any person in respect of which you are responsible at law;
  25. any loss of, damage to, or destruction of Company Property or the property of any other person, including any Links, Questionnaires, Third-Party Sites, or any related services or products, to the extent that such loss, damage, or destruction is caused by you or any person in respect of which you are responsible at law;
  26. personal injury (including death) in connection with this Site or any Content, Links, Third-Party Sites, or any related services or products to the extent caused by you or any person in respect of which you are responsible at law; or
  27. your negligence, fraud, or criminal, willful, or intentional misconduct or the negligence, fraud, or criminal, willful, or intentional misconduct of any person in respect of which you are responsible at law.
  28. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ANY OF ITS AFFILIATES OR THIRD-PARTY CUSTOMERS, SERVICE PROVIDERS, TRADING PARTNERS, OR LICENSORS OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, PERSONNEL, CONTRACTORS, SUBCONTRACTORS, AGENTS, OR REPRESENTATIVES BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, TANGIBLE OR INTANGIBLE HARM, IRREPARABLE HARM, LEGAL FEES, OR ANY LOSS OF ANY KIND WHATSOEVER, OR OTHER LIABILITIES, WHETHER OR NOT COMPANY OR ANY COMPANY PERSONNEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THIS SITE OR ANY CONTENT, LINKS, THIRD-PARTY SITES, OR THIRD-PARTY SERVICES OR PRODUCTS. IF, AND ONLY TO THE EXTENT THAT, THE FOREGOING LIMITATION OF LIABILITY IS, FOR ANY REASON, HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO RECEIVE FROM COMPANY PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AGGREGATE AMOUNT EQUAL TO $10.
  29. ACKNOWLEDGEMENT. BY ACCESSING AND USING THIS SITE OR ANY PORTION OF THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS OF USE PROPERLY ALLOCATE THE RISKS BETWEEN YOU AND COMPANY, AND THAT COMPANY WOULD NOT BE ABLE TO OFFER THIS SITE, THE CONTENT, THE LINKS, THE QUESTIONNAIRES, OR ACCESS TO THIRD-PARTY SITES OR THE ASSOCIATED PRODUCTS AND SERVICES ON AN ECONOMICALLY VIABLE BASIS WERE IT NOT FOR SUCH ALLOCATION OF RISK AND EXCLUSIONS AND LIMITATIONS OF LIABILITY.
  30. Injunctive and Equitable Relief. You acknowledge and agree that, to the maximum extent permitted by applicable law: (a) your compliance with these Terms of Use is necessary to protect personal information and/or the intellectual property, confidential information, proprietary information, business, goodwill, and/or proprietary interests of Company and its affiliates and third parties; (b) your breach of these Terms of Use may give rise to irreparable harm or injury to Company that will not be adequately compensable with monetary damages; (c) Company may, in addition to any other remedy, enforce the performance of these Terms of Use by way of equitable relief, including interim, interlocutory and/or final injunctive relief, specific performance, or such other and further relief as a court may deem just and proper, upon application to a court of competent jurisdiction without proof of actual damages, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made, and without the requirement of posting a bond or other security; and (d) notwithstanding that damages may be readily quantifiable, you will not plead sufficiency of damages as a defence in any such proceeding.
  31. Headings. The division of these Terms of Use into Sections and the insertion of headings are for convenience of reference only and will not affect the construction or interpretation of these Terms of Use. The terms “hereof”, “hereunder”, and similar expressions refer to these Terms of Use and not to any particular Section, or other portion of these Terms of Use and include any agreement supplemental hereto. Unless something in the subject matter or context is inconsistent therewith, references in these Terms of Use to Sections are to Sections of these Terms of Use.
  32. Extended Meanings. In these Terms of Use, unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders and the terms “include” and “including” will also mean “include without limitation” and “including without limitation” respectively.
  33. Statute References. Any reference in these Terms of Use to any statute or any section thereof will, unless otherwise expressly stated, be deemed to be a reference to such statute or section as amended, restated, or re-enacted from time to time.
  34. Assignment. Neither these Terms of Use nor any of the rights or obligations pursuant hereto may be assigned, transferred, or delegated by you without the prior written consent of Company. Company may without restriction assign, transfer, or delegate these Terms of Use and any rights and obligations hereunder, at its sole discretion, to any person without notice to you.
  35. Waiver. The waiver by Company of a breach or default of any provision of these Terms of Use by you or any delay or omission on the part of Company to exercise or avail itself of any of its rights, remedies, powers, or privileges cannot be interpreted as a waiver of any succeeding breach of the same or any other provision of these Terms of Use.
  36. Severability. In the event that any provision (or any portion of a provision) of these Terms of Use will for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms of Use and these Terms of Use will be construed as if such invalid, illegal, or unenforceable provision (or portion of a provision) had never been contained in these Terms of Use in regards to that particular jurisdiction.
  37. Relationship. Nothing in these Terms of Use or your access to or use of this Site, any Content, any other Company Property or any Links, Third-Party Sites, or any related services or products will be deemed to constitute either party hereto as an agent, representative, or employee of the other party or both parties as joint venturers or partners for any purpose.
  38. Governing Law. These Terms of Use, including the interpretation, validity, effect, and enforcement of these Terms of Use, and any and all disputes arising out of or in connection with these Terms of Use or in respect of any legal relationship associated with or derived from these Terms of Use, will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law. For greater certainty, these laws apply notwithstanding your domicile, residency, or physical location, or the location of any Company office or any Company personnel with whom you may communicate or deal. This Site and the Content, Links, and Questionnaires are intended for use only in jurisdictions where they may be lawfully provided for use in the Territory and may not be accessed or used in any other jurisdiction, including any other jurisdiction where such use may be prohibited by law, including any embargoed jurisdiction.
  39. Choice of Forum for Disputes. You hereby unconditionally and irrevocably consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta in any action or proceeding in connection with these Terms of Use or this Site and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.
  40. Jury Trial Waiver. You acknowledge and agree that, to the maximum extent permitted by applicable law, you waive the right to a trial by jury in respect of any and all disputes arising from or in connection with these Terms of Use or this Site.
  41. Admissibility. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or arbitral proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  42. Contact Us. If you have any questions regarding these Terms of Use, please contact us via email to [email protected]. Should you choose to email us, please note that the Internet is not a secure medium, and any such communication may be lost, stolen, intercepted, or altered. You acknowledge and agree that Company is not responsible or liable for any damages related to communications to or from us.
    1. Consumer Genius Inc.
      [email protected]