Cal2You

Terms and Conditions of Usage

IMPORTANT! These Terms and Conditions ("Terms and Conditions") govern your (the "User" or "You") and, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older, it also includes such person�s parent or legal guardian, use of the Cal2you Web Site (the "Web Site") provided by Cal2you, a div ision of 6801200 Canada Inc. (the "Company"). These Terms and Conditions are subject to change by the Company at any time at its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AND, IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THESE TERMS AND CONDITIONS ON YOUR BEHALF. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU ARE NOT PERMITTED TO USE OR ACCESS THE WEB SITE. PLEASE PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

1. Permitted Use.

Subject to applying to be a subscriber of the Cal2you system and having paid any applicable subscription or user fees, User has a nonexclusive, non-transferable, limited, and revocable right to use the Web Site solely for User's personal educational, informational, and entertainment use. User will not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent. Users of this Website MUST NOT:

Use the Web Site in such a way as to offend or interfere with the use by anyone else of the Web Site;
Sell, trade or barter any items through the Web Site;
Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Web Site that: (i) are defamatory, libellous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic;
Ever reveal personal information to other users online;
Attempt to circumvent the security systems of the Web Site;
Attempt to gain access to the Web Site in a fraudulent manner including but not limited, to access the Web Site or information or images that have not yet been officially announced or incorporated into the Web Site�s functionality;
Attempt to gain access to any other user�s Accounts;
Attempt to ascertain any other user�s password and/or personal information by any means whatsoever, including without limitation, by use of the Web Site or any other website, or by e-mail communication;
Attempt to harvest or otherwise collect information about other users without their consent;
Attempt to use the Web Site for any purposes other than those intended by the Company;
Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;

2. Security of Your Account.

IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME, PASSWORD IN A SAFE PLACE OFFLINE. You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to: (i) immediately notify the Company of any unauthorized use of Account or any other breach of security, and (ii) ensure that you exit from your Account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time. Although the Company uses reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. The Company disclaims responsibility for all negligent acts that may result in disclosure of your personal information.

3. Communications.

The parties who are resident in Canada have requested that all communications and documents relating hereto be expressed in the English language. Les parties aux pr�sentes qui sont residents au Canada ont exige que ce contrat d'utilisation ainsi que tous les communications et documents s'y rattachant soient exprimes dans la langue anglaise. You further acknowledge and agree that all communications and documents between you and the Company with respect to your use of this Web Site may take place electronically and that all such electronic notices, agreements, and other communications from the Company shall be the legal equivalent of written communications.

4. Proprietary Information.

User acknowledges and agrees that the content accessible within the Web Site is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content.

5. Disclaimer.

THE USE OF THE WEB SITE IS AT USER'S OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE WEB SITE, ITS CONTENTS, THE SERVICES AVAILABLE THROUGH THE WEB SITE, OR ASSOCIATED WITH THE USE OF THE WEB SITE, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED.

User acknowledges that the content of the Web Site is drawn from a variety of sources, including participating organizations and subscribing users. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any content contained within any such sources. User accesses, uses, and relies upon such content at User's own risk. Company has no control over and accepts no responsibility whatsoever for such content. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for User's use of the Internet.

THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. THE COMPANY RESERVES THE RIGHT TO MODIFY AND/OR DISCONTINUE THE WEB SITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH A REPRESENTATIVE OF THE COMPANY THROUGH ANY SOURCE, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER. THIS DISCLAIMER AND THESE TERMS AND CONDITIONS SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

IN ADDITION, THE COMPANY DOES NOT WARRANT THAT THE WEB SITE OR THE SERVERS THAT MAKE THE WEB SITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

On occasion, the Company will undergo routine maintenance or experience unexpected technical problems. The Company will make a good-faith effort to do maintenance as quickly and conveniently as possible, and to respond to technical problems promptly. The Company will not in any circumstance be responsible for problems, losses, or damages arising from loss of connectivity; errors in content due to application problems; loss of access by User; or temporary or permanent loss of data. FINALLY, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE.

SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.

6. Limitation on Liability.

The Company, its Licensors, service providers, content providers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its Licensors, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to the Company for the applicable Content or service out of which liability arose. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE WEB SITE OR ANY FUNCTIONS AT THE WEB SITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS AND/OR USE OR (II) CAD$150. NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, THE COMAPNY DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY�S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF THE COMPANY.

7. Indemnity.

User will indemnify and hold the Company, its Licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by User, including any use of Content other than as expressly authorized in these Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Web Site.

User hereby grants to Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content posted to the Web Site (in whole or in part) worldwide or to incorporate any message in other works in any form, media or technology now known or later developed. You are responsible for all content posted by you. THE COMPANY HAS NO RESPONSIBILITY FOR SUCH USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all content that you provide. The Company does not and cannot review every submission by users and is not responsible for, nor does it endorse the content of such submissions. However, the Company retains the right, but not the obligation, to review, edit or delete any content which the Company deems to be illegal, offensive, or otherwise inappropriate.

8. Access Restriction.

The Company reserves the right to terminate your access to the Cal2you Web Site at any time, without notice or delay.

9. General.

Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Cal2you Web Site. The Company will abide by this agreement and nothing contained in this agreement is in derogation of the Company�s right to comply with governmental, court and law enforcement requests or requirements relating to your acquisition or use of the Web Site or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This Agreement constitutes the entire agreement between the User and the Company with respect to the use of the Web Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Company with respect to the Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Company does not intend to represent any real individual, company, product or event through its mentioning of fictitious company names, products, people, characters and/or data. Any rights not expressly granted herein are reserved.

YOU AND THE COMPANY ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND THE COMPANY BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS AND CONDITIONS IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND THE COMPANY BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

10. Copyright.

11. Fee.

Membership to the Cal2You Web Site is either $5.00 per month, or $29.95 per year, payable by way of Visa, MasterCard, Amex or Discover credit card.

12. User cancellation/refund policy

You must cancel this Agreement and request refund in writing within five (5) days to receive a refund for the membership to the Web Site.

13. Renewal Fee.

The annual renewal fee for membership to the Cal2you Web Site will be the equivalent of the membership fee in place at the time of renewal. The annual renewal fee must be paid on or before the anniversary date of purchasing the membership. If the annual renewal fee is not paid by the renewal date, the Company can deny access to the Web Site and all of its components. A renewal grace period may be extended at the Company�s option.