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Terms of Service

PROJECT UP INC.

ABOUT COOKIES POLICY

Cookies generally

 

Cookies are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identifies your browser or device. Project Up Inc. (the "Company", "we", "us" or "our") may use technologies like cookies, pixels and local storage to deliver, secure, and understand products, services, and ads.

 

Use of cookies online

 

Cookies and other technologies allow a website to know if your computer or device has visited it before. These technologies can then be used, among other things, to: deliver products, services, and ads; help us understand how the website is being used; help you navigate between website pages efficiently; help remember your preferences; and improve your experience in using our website. Cookies can also help confirm that certain marketing ads and publications you see online are more relevant to you and your interests.

 

Project Up Inc.’s use of cookies and similar technologies

 

We use cookies, pixels, local storage, and similar technologies to show you relevant content, improve your experience, and help protect our users. We may use these technologies to deliver services to you and to provide you with a service that is easy to use, such as accessing secure areas and storing information so that the Company can respond to you faster.

 

We may use these technologies to collect information about how you use our website and services; for example, which pages you go to most often and if you get error messages from certain pages. We may use these technologies to allow us to remember choices you make (i.e. your user name, language or the region you're in) and tailor our services to provide enhanced features and content to you.

 

The Company or our advertising partners may use these technologies to deliver advertising that is relevant to your interests. These technologies can remember that your device has visited a certain website or service, and may also be able to track your device's browsing activity on other sites or services other than ours. This information may be shared with third parties such as advertisers and/or advertising networks to deliver advertising, and to help measure the effectiveness of an advertising campaign. We may use these technologies to understand, improve, and research products and services offered to you.

 

First and third party cookies

 

First-party cookies are cookies that belong to us, and third-party cookies are cookies that a third party places on your device through our website and the services provided from the website. Third-party cookies may be placed on your device by someone providing a service for us (i.e. a marketing company who we consult with to help us understand how our service is being used). Third-party cookies may also be placed on your device by our strategic partners so that they can advertise products and services to you elsewhere on the Internet.

 

How long cookies will stay on your device

 

The length of time a cookie stays on your device depends on whether it is a "persistent" or "session" cookie. Session cookies stay on your device until you stop browsing, while persistent cookies stay on your device until they expire or are manually deleted.

 

How to control cookies or other collection mechanisms

 

Follow the instructions provided by your browser (usually located within the "Help", "Tools" or "Edit" facility) to modify your cookie settings. Please note that if you set your browser to disable cookies or other technologies, you may not be able to access certain parts of our website or service, and other parts of our service may not work properly.

 

PROJECT UP INC.

WEBSITE DISCLAIMERS

USE OF WEBSITE

The material on this website, and all related websites (i.e. links to social media and/or other websites) is provided "as is". Project Up Inc. makes no warranties or representations, express or implied, with respect to the accuracy or completeness of the contents of this website or related or linked websites and/or platforms. Any reliance you place on such information is at your own risk. Information may be changed or updated without notice to you, and may contain technical inaccuracies or typographical errors. Project Up Inc. will not be liable for damages of any kind whatsoever arising out of, or in connection with, the use of this website, linked websites, related platforms and/or other websites.

 

EXTERNAL LINKS

Our website may contain links to external websites. We are not responsible for the privacy and security practices of such websites. We advise you to exercise your own discretion when dealing with such third party websites.

 

PROJECT UP INC.’S SERVICES

Project Up Inc. collects only the information that is needed for or related to the business purpose or product being requested. We recognize the importance of safeguarding our users’ and members’ privacy and the information collected from them. Project Up Inc. has a Privacy Policy, which outlines its commitment to protecting your information and how it is collected, used and disclosed during the course of business, and a Terms of Use, mandate setting out the legal relationship between our users and members and Project Up Inc.

 

Project Up Inc. is sensitive to all applicable laws and regulations in relation to personal information as it relates to our business dealings.

 

PROJECT UP INC.

 

TERMS OF USE AGREEMENT

 

Introduction

 

These website terms and conditions of use (the "Terms of Use") constitute a legal agreement and are entered into by and between you and Project Up Inc. (the "Company", "we", "us" or "our") and provide, among other things, the Terms of Use for your use of our web site, https://www.project-up.ca (the "Website"). We may from time to time modify these Terms of Use without prior notice. If you do not agree to, or cannot comply with Terms of Use as amended, you should not use the Website. You will be deemed to have accepted Terms of Use as amended if you continue to use the Website after any amendments are posted on the Website. We reserve the right to refuse to provide our products and services to anyone at any time. These Terms of Use contain warranty and liability disclaimers. By using this Website, you accept and agree to the terms and conditions of these Terms of Use without any modifications, reservations, additions, or deletions. If you do not agree to the terms and conditions contained in these Terms of Use, you are not authorized to use the Website. You may be denied access to the Website, with or without prior notice to you if you do not comply with any provision of these Terms of Use.

 

The Company’s business model revolves around providing a forum for connecting various players in the home construction and renovation industry, as well as other service industry professionals. Some of the main services provided by the Company through the Website include, but are not limited to:

 

  • renovators posting potential job opportunities and soliciting bids from participating service providers and purchase services or products from participating suppliers;

 

  • service providers providing bids relating to job opportunities posted by renovators;

 

  • suppliers offering services or products directly to renovators or other users; and

 

  • customers seeking to engage the services to be provided by member renovators, service providers and/or suppliers.

 

BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS OF USE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE AND OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

 

By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

Use of the Website and Account Set-Up and Security

 

Users are responsible for obtaining their own access to the Website and for the Website’s availability and performance. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms of Use and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website.

 

The Website including content or areas of the Website may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

 

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

 

We reserve the right to restrict certain areas of information on the Website to registered users. If certain areas of the Website require you to register prior to your ability to access such areas of the Website, you agree to provide truthful information as applicable. Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

 

We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

 

Subscriptions may require the authorization of a credit card and will automatically charge you on a monthly or annual basis, as applicable. You can cancel a subscription at any time after one month or one year, depending on your subscription plan, by unsubscribing in your account or by sending an unsubscribe request to info@project-up.ca along with the details of: (i) your account user name and (ii) the name used to purchase the account. Notwithstanding the date of receipt of a request for cancelling a subscription, or the date at which a subscription is effectively cancelled, no refund of a subscription fee paid by you will be effected. As the Company does not collect or hold credit card information, it will not be responsible for any losses arising out of the unauthorized use of your credit card account. Third party payment vendors will keep your payment information for recurring monthly or annual payments, as applicable, and such record keeping shall expire upon a cancellation of your membership or account. For more information on such third party payment vendors, please contact such vendors’ website and terms and conditions directly.

 

You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation: (i) accessing content and data that is not intended for you; (ii) attempting to breach or breaching the security and/or authentication measures which are not authorized; (iii) restrict disrupt or disable service to users, hosts, servers or networks; (iv) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (v) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; or (vi) otherwise attempting to interfere with the proper working of the Website.

 

Intellectual Property Rights and Ownership

 

You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. The Company grants to you a limited, non-exclusive, non-transferable license to access and use the Website in accordance with the Terms of Use. The Company reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the Website not specifically permitted under these Terms of Use is strictly prohibited.

 

The Company name, the Company logo, and all related names, logos, product and service names, designs, images and slogans are the exclusive property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks or otherwise the exclusive property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

 

You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

 

  1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and

 

  1. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

 

Users are not permitted to modify copies of any materials from the Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other intellectual property laws.

 

Conditions of Use and User Submissions and Website Content Standards

 

As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with these Terms of Use.

 

The following content standards (the "Website Content Standards") apply to any and all content, material, and information a member or user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Website, to other members, users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.

 

Without limiting the foregoing you warrant and agree that your use of the Website and any User Submissions shall not:

 

  1. in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;

 

  1. include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;

 

  1. involve, provide or contribute any false, inaccurate or misleading information;

 

  1. include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Submissions and Website Content Standards set out in these Terms of Use;

 

  1. impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);

 

  1. transmit, or procure the sending of, any advertisements or promotions, without our prior written consent, including without limitation any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;

 

  1. include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability;

 

  1. promote any illegal activity, or advocate, promote, or assist any unlawful act; or

 

  1. give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

 

User Submissions: Grant of License

 

The Website may contain Interactive Functions allowing User Submissions on or through the Website.

 

None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

 

By submitting the User Submissions you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms of Use. You represent and warrant that all User Submissions comply with applicable laws and the User Submissions and Site Content Standards set out in these Terms of Use.

 

You understand and agree that you, not the Company, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

 

Fees

 

The Company reserves the right to set terms of payment from its members and users as it sees fit in its sole discretion. Presently, the Company shall be paid monthly or annually for memberships or charge outstanding commissions owed to the Company if they exceed the stated threshold (which can include but are not limited to any commissions payable to the Company as further discussed). The Company reserves the right to change any payment terms at any time, subject to the general provisions for modifying these Terms of Use as discussed herein. As of the current date of these Terms of Use, the Company charges its members a monthly fee of $29.99 should the member wish to be a member on a month-to-month basis, or an annual fee of $299.99 charged by the Company or such third party vendor should the member wish to be a member on an annual basis.

 

Suppliers may use the Website to offer services or products to users of the Website, which can include renovators, contractors and service providers, among others. It is the intention of the Company that these services and products be offered for direct sale to members and users through the Website, which in some instances, may require the assistance of a third party vendor such as an electronic payment provider. In these instances, the Company will charge a commission to the supplier that is calculated based on a percentage of the total value of the sale conducted directly through the Website. In these instances, the third party vendor may charge a vendor commission that is also calculated based on a percentage of the total value of the sale conducted through the Website. Any such commission charged by the Company or such third party vendor is non-refundable. For clarity, even in the instance where a user returns, cancels or otherwise wishes to nullify the sale of any services or products purchased directly through the Website, any such commission charged by the Company or such third party vendor shall be non-refundable to the member or user.

 

The Company makes no warranty and takes no responsibility for any bid provided or work performed by any of its members or users. Similarly, the Company makes no warranty and takes no responsibility for the authenticity and accuracy of information posted in relation to any job posted by members and users of the Website.

 

Website Monitoring and Enforcement, Suspension and Termination

 

The Company has the right, without provision of notice to:

  • remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion;

 

  • at all times, to take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including without limitation, for violating the Website and User Submissions and Site Content Standards or Terms of Use;

 

  • take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Website (without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website); and

 

  • terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

 

We have no obligation, nor any responsibility to any party to monitor the Website or use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

 

No Reliance

 

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Website.

 

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and the Company has no responsibility or liability whatsoever for your use of this Website.

 

This Website may include content provided by third parties, including from other members and, users and third-party licensors. All statements and/or opinions expressed in any such third party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.

 

Privacy

 

While we keep all user information and User Submissions in confidence and only use such information for its intended purposes, any user information and User Submissions will be deemed our property and your submissions and use of our Website constitutes consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Website and provision of services.

 

By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.

 

Third Party Websites

 

For your convenience, this Website may provide links or pointers to third party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third party sites, and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party sites.

 

Such links to third party sites from the Website, may include links to certain social media features that enable you to link or transmit on your own or using certain third party websites, certain limited content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified. Such features and links to third party sites are subject to any additional terms and conditions we provide with respect to such features.

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

 

Geographic Restrictions

 

The owner of the Website is based in the Province of Alberta, Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

 

Disclaimer of Warranties

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

Limitation on Liability

 

UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.

 

Indemnification

 

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Use or your use of the Website, including, but not limited to, your User Submissions, third party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use.

 

Governing Law and Jurisdiction

 

The Website and these Terms of Use will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Alberta or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

 

Any action or proceeding arising out of [or relating to this Website and under these Terms of Use will be instituted in the courts of the province of Alberta and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

 

Waiver

 

No waiver by the Company under these Terms of Use is effective unless it is in writing and signed by an authorized representative of the Company. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

 

Severability

 

If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

Entire Agreement

 

The Terms of Use, our Privacy Policy and our Cookies Policy constitute the sole and entire agreement between you and Project Up Inc. regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

 

Reporting and Contact

 

This website is operated by:

 

Project Up Inc.

1400, 350 – 7th Avenue S.W.

Calgary, Alberta T2P 3N9

 

Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to the Company at info@project-up.ca. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@project-up.ca .

 

These Terms of Use were last updated as of April 22, 2018.