Terms & Conditions

These terms and conditions (“Terms”) govern your access to, and use of, the website (the “Website”) owned, operated or provided by or on behalf of Clearmotive Marketing Group (“clearmotive”). As used in these Terms, “you” and “your” refers to you, the person accessing the Website; “we” means (and “us”, “our”, “ours” and “ourselves” refer to) clearmotive; and “party” or “parties” refers to both you and us. The effective date of these Terms is when you accept same, in accordance with the below.

By accessing and using this website you are signifying your acceptance of, and agreement to comply with and be bound by, these Terms, and all applicable laws and regulations. If you do not agree with these Terms, you have no right or license to access the Website and you should refrain from accessing or using the Website, its contents, or obtaining documents or information from the Website. clearmotive may, in its sole discretion, revise these Terms at any time without advance notice to you, and such revisions will be effective as of the date these revisions or updates (or an updated version of these Terms) is posted to the Website. Your continued use of the Website after such updates are posted will signify your agreement to the revised Terms.

Right of Access and Intellectual Property

Subject to these Terms, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use the Website, including a limited license to download, print and store single copies of content (other than source code) from the Website, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover, any source code, in the Website. Any and all rights not expressly granted to you are reserved by clearmotive, and these Terms do not confer to you a proprietary interest in the Website or any content of the Website.

clearmotive either owns all intellectual property rights, including without limitation copyright and trade-mark rights, or has acquired the necessary rights or licenses, in all materials displayed or otherwise accessible on or through the Website (“Content”), including, without limitation, all written, audio visual or other materials and graphical elements on the Website, and such Content is protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. Content may not be used by you without the express written permission of clearmotive, such use to be solely for non-commercial purposes.

Certain words, phrases, names, designs or logos made available on or through the Website may constitute trademarks, services marks, or trade names that are owned by clearmotive or others. The display of such marks on or through the Website does not imply that you have been granted a licence by clearmotive or others with respect to them.

Third Party Services and Content

Your use of the Website may rely on or link to services and products which are offered by third parties (“Third Party Services”). clearmotive has no responsibility to you for anything third parties do (or fail to do) and we provide no warranties or guarantees regarding third parties or Third Party Services. Your use of Third Party Services may be subject to specific terms and conditions which are set by those third parties.

clearmotive may make third parties’ content and materials (“Third Party Content”) available to you through the Website. clearmotive making available such Third Party Content does not constitute an endorsement or recommendation, and clearmotive is not responsible for any reliance you may place on Third Party Content. clearmotive makes no warranties or representations as to any Third Party Content and shall have no liability for it. Any opinions or statements made by third parties are those of such third parties, and do not necessarily state or reflect clearmotive’s views.

clearmotive is not responsible for the privacy practices, or content, of third party websites and services. clearmotive encourages its users to be aware when they leave the Website, and to read the terms of use and privacy statements of the websites that they may link to or access. You should evaluate the security and trustworthiness of any other website connected to the Website or accessed through the Website yourself, before disclosing any personal information or personal data to it. clearmotive will not accept any responsibility for any loss or damage in whatever manner, how so ever caused, resulting from your disclosure to third parties of personal information or data.

Disclaimer

The Website and Content is provided “as is”, on an as-available basis, and without warranties or conditions of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, or non-infringement. clearmotive does not warrant that the Website or Content contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.

Without limiting the foregoing, clearmotive does not warrant or make any representation regarding use, the ability to use, or the result of use of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors. clearmotive makes no warranties that your use of the Content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content. By accessing and using the Website and/or the Content, you acknowledge and agree that such access and use is entirely at your own risk.

Limitation of Liability

EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL clearmotive, OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS, BE LIABLE TO YOU FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY INACCURACY, INCOMPLETENESS OR INCORRECTNESS CONTAINED IN THE CONTENT OR MATERIALS DISPLAYED, ACCESSED OR USED AS PART OF THE WEBSITE, OR YOUR RELIANCE OR ACTING UPON THE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM LOSS OF REVENUE, USE, DATA, OR PROFITS, INJURY TO REPUTATION OR GOODWILL, OR THE COST OF SUBSTITUTE GOODS OR SERVICES) WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE. IF, UNDER APPLICABLE LAW, LIABILITY FOR DIRECT DAMAGES CANNOT BE EXCLUDED (NOTWITHSTANDING THE FOREGOING), THEN THE TOTAL CUMULATIVE LIABILITY OF clearmotive (OR ANY OTHER PERSON) IN CONNECTION WITH THESE TERMS AND THE WEBSITE, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF $5.00 CDN. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMIT. YOU ACKNOWLEDGE THAT THIS LIMITATION REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT clearmotive WOULD NOT AGREE TO THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY.

Indemnity

You agree to defend, indemnify and hold harmless clearmotive, its employees, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney’s fees and other expenses arising from, incurred as a result of, or in any manner related to: (i) your use of and access to the Website or the Content; (ii) your breach of these Terms; (iii) your violation of any law or third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that you did not have the right to provide any content or that the content you provided caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.

Applicable Laws

You may not use the Website or the Content for any illegal or unauthorized purpose.

clearmotive is physically located within the Province of Alberta, Canada. These Terms will be governed by the laws of the Province of Alberta and the laws of Canada applicable therein and shall be treated in all respects as an Alberta contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta.

Internet Connectivity and Compatible Technology

The availability and functioning of the Website depends on the availability of a properly functioning Internet connection, as well as compatible hardware and software. clearmotive is not responsible for ensuring uninterrupted access to the Internet or any charges you incur, in association with your use of the Internet, nor is clearmotive responsible for ensuring your hardware and software are compatible with the Website and its features. You acknowledge that your access to and use of the Website may be impaired or prevented by factors beyond clearmotive’s control (such as issues with your computer system or Internet connectivity), and that clearmotive is not responsible for any such factors, or their effects.

Acceptable Use

Without limiting anything else in these Terms, you must not use (or cause or permit to be used) the Website:

• in any way that causes, or may cause, damage to the Website, or impairment of the availability or accessibility of the Website;
• in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• to post, transmit, or otherwise make available any material that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) non-compliant with applicable privacy legislation or an infringement of another person’s privacy, including without limitation by disclosing the personal information or data of another individual without their knowledge and consent;
• to post, transmit, or otherwise make available, any material that may violate: a) clearmotive’s proprietary rights; or b) the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith;
• for any commercial purposes other than those which are expressly set out in these Terms;
• to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
• to conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Website without clearmotive’s prior express written consent;
  to impersonate any person or entity or misrepresent your affiliation with any other person or entity;
• to engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information;
• to attempt to gain (or gain) unauthorized access to other computer systems through the Website, or to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website; or
• in a manner which is otherwise contrary to these Terms.
• Any use of the Website which is contrary to these Terms may result in the immediate termination of your use of the Website by clearmotive.

clearmotive reserves the right to monitor your use of the Website to determine if you are complying with these Terms, and the right, in its sole discretion, to terminate your access to the Website.