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© 2019 Canoe Ventures LLC

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The following terms of use ("Terms of Use") apply to the Canoe website at www.canoeventures.com, including all subdomains, (the "Website") owned and operated by Canoe Ventures LLC ("Canoe", "we", "us" or "our"). By accessing, browsing and/or using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms of Use in their entirety and any modifications to these Terms of Use. In addition, you agree to comply with all applicable laws, rules and regulations governing your use of the Website. If you do not agree to these Terms of Use, you are not permitted to access, browse or use the Website.

Please return to the Website and review these Terms of Use from time to time, as they may be amended without notice to you. Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use at the Website. The most recent modification date will be noted by the "Last Updated" date above. Your continued use of the Website after any such date constitutes your acceptance of these Terms of Use as modified. Please note that your use of certain content and features of the Website may be subject to additional terms. By using such content and features, you also agree to be bound by such additional terms.

You are solely responsible for providing any hardware, systems and software programs you use to access the Website, and any associated fees, charges and expenses.

PRIVACY
Similar to other commercial websites, the Website may utilize standard technology called "cookies" and web server logs to collect information about how the Website is used. Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a website. Cookies are small pieces of data that are stored by a user's web browser on the user's hard drive. Information gathered through cookies and web server logs may include the IP address of the visiting computer, the date and time of visits, the pages viewed, time spent at the Website, and the websites visited just before and just after the Website. This information is collected on an aggregate basis and is not associated with any personally identifiable information you may provide to us We reserve the right to use aggregated information for any lawful purpose.

You can, of course, disable cookies on your computer by indicating this in the preferences or options menus in your web browser. However, it is possible that some parts of the Website will not operate correctly or as intended if you disable cookies. You should consult your browser provider if you have any questions regarding disabling cookies.

If you choose to submit a question or provide your comments to us, we will collect your email address to respond directly to you. Please confirm your email address is correct and current to ensure you can receive a response. Although we do not share your email address with third parties for their marketing purposes, we reserve the right to use your email address to respond to your request, for other internal purposes.

PROPRIETARY RIGHTS
This Website is owned and operated by Canoe and, in the case of certain features and content, its affiliates, licensors and/or third party service providers, and unless otherwise indicated, all the content appearing at the Website (collectively, "Content") is the property of Canoe and its affiliates, licensors and/or third party service providers and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. All trademarks, service marks, trade names, logos and other indicia of origin (collectively, "Marks") appearing on the Website are the property of Canoe and its affiliates, licensors, and/or third party service providers. You may not make any use of any Content or Marks without the prior written consent of Canoe and any applicable third party.

LICENSE GRANT
Canoe grants to you a limited, non-exclusive, non-transferable license to access and use the Website in accordance with these Terms of Use. Canoe may terminate this license at any time for any reason. No Content from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Canoe’s permission, except that you may download one copy of Content on any single computer for your personal non-commercial use, only, provided you keep intact all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose may be a violation of copyright, trademark, trade secret rights and others' proprietary rights belonging to Canoe, its licensors and/or third party service providers. For purposes of these Terms of Use, the use of any such Content on any other website or networked computer environment is prohibited. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and you may not take any action that imposes an unreasonable or disproportionately large load on Canoe´s network or infrastructure. Canoe reserves all rights not explicitly granted in these Terms of Use.

YOUR CONDUCT

In using or accessing the Website you agree:
 

  • not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;

  • not to disrupt or interfere with any other user's enjoyment of the Website;

  • not to upload, post or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files;

  • not to use, frame or utilize framing techniques to enclose any Canoe Marks or other proprietary information (including the images and information available through the Website, the content of any text or the layout/design of any page) without Canoe's express written consent;

  • not to use meta tags or any other "hidden text" utilizing a Canoe Mark, trademark or product name without Canoe's express written consent;

  • not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; and

  • not to submit to us any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy or otherwise in violation of any law.

You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms of Use. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention or other measures we prescribe.

 

SUBMISSIONS
By transmitting email, messages, suggestions, ideas or concepts (each, a "Submission"), whether unsolicited or solicited, to us through the Website or in any other media, you are granting Canoe a royalty-free, fully paid, nonexclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from and otherwise use the Submission(s) for any purpose, including, but not limited to, advertising and promotional purposes, in any media, now or hereafter known. No credit or compensation is due to you for such use. Canoe also has the right, but not the obligation, to use your name (and image or likeness, if provided in connection with a Submission), city and state in connection with broadcast, print, online or other use or publication of your Submission(s). All Submissions become the unrestricted licensed property of Canoe and may be edited for use. Note that any such Submission may be subject to additional terms, conditions and restrictions provided to you at the time of such Submission.

You warrant and represent that you own or otherwise control any and all rights in and to the Submission(s) and that public posting and use of the Submissions by Canoe will not infringe or violate the rights of any third party in any manner.

ELECTRONIC COMMUNICATIONS
When you submit a question or comment through the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by return email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LINKS AND THIRD PARTIES
Links on the Website to third party websites (including, without limitation, sponsors, advertisers and issuers) that you encounter via the Website are solely provided as a convenience to you. If you use these links, you will leave the Website. You agree that Canoe will not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any dealings between you and any such third parties. In addition, you acknowledge that Canoe does not endorse, verify, or make any representations regarding any third party advertisements, products or services. It is your sole responsibility to research and verify the legitimacy of any entity and content linked to the Website.

CHANGES TO WEBSITE
Canoe may add, change, discontinue, remove or suspend any portion of the Website at any time, without notice.

TERMINATION
Canoe reserves the right, without notice and at its sole discretion, to suspend or terminate these Terms of Use and/or your ability to access or use the Website, and to block or prevent future access to and use of the Website for any reason, including your breach of these Terms of Use or other conduct by you that Canoe considers inappropriate. Canoe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in the Terms of Use, you agree that Canoe shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website (or any portion thereof).

DISCLAIMER
THE WEBSITE, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, CONTENT), IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CANOE MAKES NO WARRANTY: (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THAT THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICE; (E) THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.

LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE RESULTS AND PERFORMANCE THEREOF.

IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL CANOE AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE "CANOE PARTIES") BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (A) THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (C) ANY THIRD PARTY WEBSITE OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE WEBSITE; OR (E) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS, EVEN IF A CANOE PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CANOE'S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ACCESS TO THE WEBSITE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS OF USE SHALL BE TO DISCONTINUE ANY USE OF THE WEBSITE.

EXCLUSIONS
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CANOE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION
By using the Website, you agree to indemnify, defend and hold harmless the Canoe Parties from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any law, rule or regulation; (2) your use of the Website, including, without limitation, any Content available on the Website and any activity of yours on the Website; (3) loss of any data or account information; and (4) any Submissions. You will cooperate as fully and reasonably as required by Canoe in the defense of any claim. Canoe reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Canoe.

FORCE MAJEURE
Canoe will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond Canoe's reasonable control.

INTERNATIONAL USERS
Canoe makes no representation that the Website and Content are appropriate or available for use at locations outside of the United States, and access to them from territories where they may be deemed illegal is prohibited. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws.

MISCELLANEOUS
These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of Colorado within the United States of America without giving effect to any principles of conflicts of law. Any dispute arising from these Terms of Use or the Website shall be resolved in the state or federal courts residing in Denver, Colorado and you irrevocably agree to the jurisdiction of such courts. The Terms of Use constitute the entire agreement between Canoe and you with respect to your use of the Website. Any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Nothing in these Terms of Use will be construed as creating a joint venture, partnership, employment or agency relationship between you and Canoe, and you do not have any authority to create any obligation or make any representation on Canoe´s behalf. You may not assign these Terms of Use by operation of law or otherwise, without Canoe´s written consent.

CONTACT US
If you have any comments or questions regarding these Terms of Use, or wish to report any violation, please contact Canoe.