Terms Of Use

PLEASE CAREFULLY READ THESE WEBSITE TERMS OF USE BEFORE USING THE CURA SECURITY WEBSITE. THESE TERMS OF USE ARE A BINDING CONTRACT THAT GOVERNS USE OF THE CURA SECURITY WEBSITE AND RELATED SERVICES, EXEMPTS CURA SECURITY AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, SPECIFIES THE JURISDICTION FOR RESOLUTION OF DISPUTES, AND CONTAINS OTHER IMPORTANT PROVISIONS.

EACH TIME YOU ACCESS OR USE THE CURA SECURITY WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE MOST CURRENT VERSION OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE CURA SECURITY WEBSITE.

Your Acceptance of these Terms of Use

These Terms of Use are a legal agreement between you and CURA SECURITY. (“CURA SECURITY”) regarding your access to and use of the CURA SECURITY website located at www.umbrasecur.ca (the “Website”). Each time you access or use any aspect of the Website, you signify your acceptance and agreement, without limitation or qualification, to be bound by the most current version of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use the Website. These Terms of Use are in addition to any other agreement you may have with CURA SECURITY.

Changes

CURA SECURITY in its discretion may change these Terms of Use at any time by posting the changed Terms of Use on the Website at www.umbrasecur.ca/terms. The changed Terms of Use are effective immediately upon posting on the Website, unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Website after these Terms of Use have been changed, you signify your acceptance and agreement to the changed Terms of Use. You may not change, supplement or amend these Terms of Use in any manner.

Permissible Users

The Website may not be used by an individual in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. You may not use the Website if you breach these Terms of Use or if your permission to use the Website has been suspended or terminated by CURA SECURITY.

Other Agreements for CURA SECURITY Products/Services

These Terms of Use related to the Website only. Your purchase of CURA SECURITY’s products and services are governed by other applicable agreements prescribed by CURA SECURITY.

Personal Information Privacy

By using the Website you consent to the collection, use, retention, disclosure and deletion of your personal information in accordance with CURA SECURITY’s @Html.ActionLink(“Privacy Policy”, “Privacy”, “Home”) as amended from time to time and as otherwise permitted by applicable law.

Permissible Use

You may use the Website solely for your lawful, personal, non-commercial purposes, in the manner permitted by the Website, and subject to these Terms of Use and all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.

The Website and its content may not be copied, reproduced, imitated, republished, translated, uploaded, posted, publicly displayed, communicated or made available to the public, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of CURA SECURITY.

Ownership of Website

Copyright © 2017 CURA SECURITY. All rights reserved. The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement and look and feel of those elements and the Website as a whole) and all related proprietary rights (including copyright) are owned solely by CURA SECURITY and its licensors, and are protected by Canadian and international copyright and other intellectual property laws. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content. All rights not expressly granted by these Terms of Use are reserved by CURA SECURITY.

Feedback

If your give feedback about the Website or any CURA SECURITY products or services (including any ideas or suggestions for enhancements or improvements) to CURA SECURITY (by direct communication or by posting comments with your feedback on the Website), then CURA SECURITY and its suppliers and licensors and their respective successors, assigns and licensees may use and commercialize the feedback in any way and for any purpose without providing any compensation or attribution to you or any other person.

Trademarks

CURA SECURITY, and related trademarks and symbols are registered or unregistered trademarks and service marks owned or licensed by CURA SECURITY. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.

Linked Sites

For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively “Linked Sites”). Linked Sites are independent from CURA SECURITY does not endorse, and has no responsibility or liability for or control over, Linked Sites or their business, goods, services or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites are at your own risk, and you will not make any claim against CURA SECURITY arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.

Prohibited Activities

You will not: (a) circumvent the ordinary navigational structure or presentation of the Website or its content; (b) access or obtain the Website content or other data by any means that is not purposely made available to you by the Website; (c) gain unauthorized access to any part of the Website or its content, or any related system, network, service or data, by hacking, password mining or any other means; or (d) test or tamper with the security of the Website or interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website.

Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies or any similar or equivalent manual process) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that the posting may be viewed by other users of the Website.

Deep links to a Website without the express written permission of CURA SECURITY are strictly prohibited. CURA SECURITY in its discretion may cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.

Disclaimer

CURA SECURITY DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ANY OF THE FOLLOWING: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY CURA SECURITY TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnity and Limitations of Damages

You agree to indemnify, defend and hold harmless CURA SECURITY, its officers, directors, employees, agents, licensors, suppliers and any third party information provider’s to the Website against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website violates these Terms, any applicable law or regulation, or the rights of any third party.

IN NO EVENT SHALL CURA SECURITY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDER, SUBSIDIARIES, OR EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, OR INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE WEBSITE OR ANY LINKED WEBSITE, EVEN IF CURA SECURITY IS EXPRESSLY ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

Limited License

CURA SECURITY grants you a non-exclusive, non-transferable, limited right to access, use and display this Website and the materials thereon, provided, however, that you comply with these Terms (see Permitted Use). You agree not to disrupt, interrupt or attempt to interrupt the operation of the Website in any way. You agree not to change or delete any proprietary notice from materials downloaded from the Website and to prevent any unauthorized copying of the materials and information contained on this Website. Except as expressly provided herein, CURA SECURITY does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information (see Intellectual Property).

Changes to Website / Termination of Use

If you breach these Terms of Use, you may no longer use the Website.

Notwithstanding any other provision of these Terms of Use, CURA SECURITY in its discretion and for its sole convenience may: (a) change, discontinue, modify, restrict, suspend or terminate the Website or any of its content at any time without any notice or liability to you or any other person; and (b) immediately suspend or terminate your permission to access and use the Website at any time without any notice or liability to you or any other person.

If your permission to use the Website is terminated for any reason, then these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website.

Governing Law and Disputes

These Terms of Use, your use of the Website and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of Alberta, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.

All disputes arising from, connected with or relating to these Terms of Use, your use of the Website or any related matter will be resolved before the Supreme Court of Alberta sitting in the City of Calgary, and you and CURA SECURITY each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all disputes, except that CURA SECURITY in its discretion may commence legal proceedings against you in the courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use and protect CURA SECURITY’s rights in, to and associated with the Website and its content.

Other Matters

No consent or waiver by CURA SECURITY to or of any breach of these Terms of Use by you will be effective unless in writing and signed by CURA SECURITY or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms of Use, CURA SECURITY’s rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which CURA SECURITY may be lawfully entitled under these Terms of Use or at law, and CURA SECURITY will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms of Use will ensure to the benefit of and be binding upon you and CURA SECURITY and your respective successors and permitted assigns. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without CURA SECURITY’s express prior written consent, which consent may be withheld in CURA SECURITY’s discretion. CURA SECURITY may, without your consent, assign these Terms of Use or any of CURA SECURITY’s rights, duties or obligations under these Terms of Use.

In these Terms of Use: (a) a reference to “Terms of Use” and other similar terms refers to these Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only and do not define, limit or enlarge the scope or meaning of these Terms of Use or any of its provisions; (c) words importing the singular number only include the plural and vice versa; (d) words importing a gender include both genders; (e) “person” includes an individual, corporation, partnership, joint venture, association, trust, unincorporated organization, society and any other legal entity; (f) “including” and “includes” mean including or includes (as applicable) without limitation or restriction; (g) “law” includes common law, equity, statutes, regulations, ordinances and orders in council, and reference to a specific law includes all regulations, and ordinances and orders in council and mandatory guidelines and directives made or issued under the law; and (h) “discretion” means a person’s sole, absolute and unfettered discretion.

These Terms of Use set forth the entire agreement between you and CURA SECURITY regarding your use of the Website. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and CURA SECURITY regarding the Website.

You and CURA SECURITY have each expressly requested and required that these Terms of Use be drawn up in the English language.