This is a legally binding contract between you and Q30. Please make sure you read it.
For the purpose of these Terms:
a) “Q30”, “we”, “us”, or “our” means Q30 Sports Canada Inc.;
b) “Q30 Content” means any text, sound, graphics, trade-marks, service marks, logos, taglines, trade names and other material owned by us or our licensors and made available through the Services;
d) “Personal Information” has the meaning set out in the Privacy Statement.
e) “Privacy Statement” means the privacy statement which can be viewed at qcollar.ca;
f) “Representatives” means us and our affiliates, business partners, licensors, agents, content providers (not including you), service providers, employees, personnel, officers, directors, and representatives;
g) “Services” means this website and the services available through that website;
h) “Submissions” means any unsolicited idea, suggestion or other material in any format;
i) “Terms” means these Q30 Terms and Conditions of Use (including, for greater certainty, the Privacy Statement and the Terms of Sale);
j) “Terms of Sale” means the terms of sale for products purchased through the Services, which can be viewed at qcollar.ca;
k) “you” or “your” means (i) the individual, if the individual is using the Services for his or her personal use; or (ii) the corporation, institution, partnership, organization or other entity on whose behalf the individual accepting these Terms is acting; and
l) “your content” means any text, sound, graphics or other material which you post, upload, or otherwise share on or through the Services;
2. Accepting these Terms
Please read these Terms before using the Services. If you do not agree to these Terms, you may not use the Services. When you use the Services, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these Terms. You agree to have these Terms and any related information made available to you, and to otherwise have communications between you and us, occur electronically.
These Terms were last updated, and are effective as of, the “Updated” date indicated below. Use of the Services in the future may require you to agree to a new version of these Terms that has been amended or modified by us in our sole discretion.
All rights not expressly granted by these Terms are reserved to us.
Q30 IS NOT A PROVIDER OF MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY, PLEASE CONSULT WITH A HEALTHCARE PROFESSIONAL.
We respect your right to privacy. All information that we may collect via the Services is subject to our Privacy Statement. The Privacy Statement is incorporated by reference into these Terms.
4. Permitted Users, Licenses and Compliance with Laws
In order to use the Services, you must be at least the age of majority for in the jurisdiction in which you reside as of the time you use the Services.
The Services are intended for use only from Canada, however, we make no representation or warranty that the Services are appropriate or available for use in or from any particular location. Any use by you of the Services from a location where the Services are illegal is expressly prohibited.
Subject to these Terms, you are granted a non-exclusive, non-transferable, non-sub- licensable, revocable, limited right and license to use the Services, including the content therein and the Services accessible through them, solely for informational purposes and such other purposes as expressly set out by the Services.
You agree to abide by all applicable laws in connection with your use of the Services, including those related to intellectual property rights, data privacy, international communications and the transmission of technical or personal data.
The Services may be used only for lawful purposes and in a lawful manner.
All rights not expressly granted to you are reserved by Q30 and, if applicable, its licensors.
Use of the Services may require internet and data access for which you shall be responsible and subject to your internet access provider terms and conditions of use. In no event shall Q30 be liable for any internet or data access fees or other charges incurred by you in connection with your use of the Services. Any such fees and charges shall be your sole responsibility.
The Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Q30 is not responsible for any delays, delivery failures, or other damage resulting from such problems.
5. Copyright and Intellectual Property
You retain ownership of all your content that you post, upload to, or otherwise share on the Services. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide, and perpetual license to use, copy, reproduce, create derivative works from, and display your content in connection with the Services.
All Q30 Content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the Services are copyrighted by us or our licensors, and are protected by Canadian and international intellectual property laws. Use of the Q30 Content without our express prior written permission is strictly prohibited.
“Q30,” qcollar.ca, the Q30 logo, “Q-Collar”, the Q-Collar logo, and any other trade-marks used on the Services are trade-marks or registered trade-marks of Q30 or its licensors, in Canada and other countries. Our trade-marks may not be used in connection with any product or service without our express written permission.
Subject to any applicable law (and, in the case of Personal Information, the requirements of Section 3), any communications that you send or which are sent to you via the Services, whether solicited by us or otherwise, are on a non-confidential basis, and we are free to use and disclose the content of any such communication, including any ideas, inventions, concepts or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including copyright, trade-mark, patent, unfair competition, moral rights, or implied contract). If you send Submissions to us or the Services, you automatically grant to us and our successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world- wide, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of us or our successors or assigns.
You waive all author’s moral rights in your content and Submissions (including the right to be associated with your content or Submission) upon submission, as well as the right to receive any financial or other consideration in connection with your content and Submissions.
6. Use Restrictions and Prohibited Conduct
When using the Services, you agree not to do any of the following:
- Threaten other users with violence;
- Use hateful, abusive, harassing, libellous, or obscene language towards other users.
- Post any material that infringes or violates any third party’s copyright, trade-mark, trade secret, privacy, or other proprietary or property right;
- Copy any Q30 Content onto your own or any other website;
- Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation or these Terms;
- Use the Services to send spam, chain letters, junk mail, or any other type of unsolicited mass e-mail;
- Use the Services to distribute viruses or other harmful, disruptive, or destructive files;
- Use the Services in violation of Q30’s or any third party's intellectual property or other proprietary or legal rights;
- Use or attempt to use another person’s account;
- Disrupt or interfere with the security of, or otherwise abuse, the Services, or any servers or networks connected to the Services;
- Attempt to obtain unauthorized access to the Services;
- Impersonate another person;
- Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
- Systematically harvest data from the Services or programmatically register accounts on the Services;
- Access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes;
- Modify or make derivative works based upon the Services , or any portion thereof;
- “Frame” or “mirror” any Q30 Content on any other server or wireless or Internet- based device;
- Reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics from the Services, or (c) copy any ideas, features, functions or graphics from the Services; or
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Services or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law).
You are granted a limited, nonexclusive right to create a hyperlink to the Services, other than to those portions of the Services where registration is required.
7. Your Account
Certain services provided through the Services may only be available to you upon registration for your account. By registering, you represent and warrant to Q30 that: (a) you are at least the age of majority in the jurisdiction where you reside as of the time you register with us; (b) all information provided by you to us during the registration process is truthful, accurate and complete; ; and (c) you will comply with all terms and conditions of these Terms.
As a registered user, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.
The Representatives will rely on the information you provide. You will be responsible for any and all loss, damage, or additional costs that the Representatives or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via the Services. You acknowledge that you are solely responsible for maintaining the confidentiality of your account credentials (including any user names, passwords or security tokens created or provided) and that you will be responsible for any loss resulting from any unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your account. Similarly, you are responsible for verifying and maintaining the protection, security, and distribution of your account information, including account numbers, user names, and passwords.
All liability relating to password management resides with you and under no circumstances, including negligence or misconduct, will we be liable for any damages that result from the use of your account.
You can cancel your account at any time by doing so from your account settings page and requesting that your account be deleted.
Purchases made via the Services are subject to the following terms set out in the Terms of Sale.
THE SERVICES AND PRODUCTS PURCHASED VIA THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE REPRESENTATIVES CANNOT AND DO NOT GUARANTEE, AND DO NOT MAKE ANY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (1) ANY WARRANTY OF MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) NON-INFRINGEMENT; (4) THAT THE SERVICES OR ANY PRODUCTS PURCHASED VIA THE SERVICES, WILL MEET YOUR REQUIREMENTS; (5) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; AND (6) THAT ANY DEFECTS WITH THE SERVICES, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND THAT ANY USE OF, MODIFICATION TO OR RELIANCE ON THE SERVICES, OR ANY PRODUCTS PURCHASED VIA THE SERVICE, IS AT YOUR OWN DISCRETION AND RISK.
You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to your use of the Services, your breach of these Terms, your violation or infringement of the rights of others, or your violation of any applicable civil or criminal law. The Representatives disclaim any and all responsibility and liability regarding all such matters. You further agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Services, and that you will comply with all applicable law in respect of same. We may investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including your Personal Information) regarding your usage of the Services in each case as may be permitted or required by applicable law, including as necessary to satisfy any request authorized by applicable law.
Certain links on the Services may take you to other websites. We are not responsible for the content of any such linked pages and we make no representation or warranty regarding, and do not endorse or approve, any linked websites, the information appearing thereon or any of the products or services described. Your use of any such linked website is at your own risk.
No data transmission over the Internet can be guaranteed to be 100% secure and as a result, we cannot ensure or warrant the security of any information you transmit to us.
10. Limitations of Liability
UNDER NO CIRCUMSTANCES — INCLUDING NEGLIGENCE — SHALL THE REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE USE OR THE INABILITY TO USE ANY PRODUCTS PURCHASED VIA THE SERVICES; (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (4) LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOU ACKNOWLEDGE THAT Q30 ACTS AS TRUSTEE FOR ALL OTHER REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF ANY REPRESENTATIVE. Q30 AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH SUCH REPRESENTATIVE.
You agree to indemnify, defend, and hold harmless the Representatives, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including your violation of these Terms. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
12. Right to Terminate
We may at any time without notice or liability decide to alter, amend, restrict, modify, or terminate the Services or any functionality or portion of the Services, all in our sole discretion, and you understand that there is no guarantee that the Services or any portion or functionality of it will continue to operate or be available for any particular period of time, including removing, adding, modifying, or changing the availability of, restricting access to, or imposing limits on any or all features on, or links to, the Services. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Services at any time without notice, but confirm that we have no duty to do so.
If you breach any provision of these Terms, then you may no longer use the Services and you may have your account cancelled. We, in our discretion, shall determine whether these Terms have been violated. We may also cancel trading and withdrawal rights for any account suspected unauthorised access or hacking.
We may terminate these Terms with you at any time.
These Terms shall be governed by and construed in accordance with the laws of the province of Ontario, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of these Terms, your use of the Services or any purchase made via the Services in the courts located within Toronto, Ontario, and you also agree to submit to the personal and non-exclusive jurisdiction of those courts. If any provision contained in these Terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any provision of these Terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and/or your use of the Services. You may not assign any right, interest, or benefit provided under these Terms or the Services without our express prior written consent. These Terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the Services. The parties have expressly required that these Terms and all other related documents be drawn up in the English language.
Q30 can be contacted: (a) by mail at 257 Riverside Ave., Westport, CT 06880, and (b) by e-mail at firstname.lastname@example.org