Users include everyone who visits the Website, and includes those who have registered to view, enjoy and otherwise use the services offered by Website, whether for free or on a paid basis. Paid Users are referred to as “Subscribers”.
All Users are subject to the General Terms set forth in this Section 1. All Users must agree and conform to the Code of Conduct set forth in Section 3. All Users are subject to the Privacy Policy set forth in Section 4.
Electronic Communications
When you visit the Website, send e-mails to us, message us, or otherwise communicate with us, you are communicating with us electronically, and therefore you consent to receive communications from us electronically in return. We will communicate with you by e-mail, messaging or by posting notices on this site. 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.
Copyright
All Content included on this site, such as video clips, video streams, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is also the exclusive property of the Company and protected by Canadian and international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by Canadian and international copyright laws.
Trademarks
“Cultivating Demand ” and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Company in Canada, U.S. and other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
License and Site Access
The Company grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents; nor any collection and use of any product listings, descriptions, or prices; nor any derivative use of this site or its contents; nor any downloading or copying of Account information for the benefit of another merchant; nor any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta-tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any the Company logo or other proprietary graphic or trademark as part of the link without express written permission.
Hyperlinking To Website, Co-Branding, “Framing” And Referencing Website Prohibited
Unless expressly authorized by Website, no one may hyperlink this Website, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to any other website for any reason. Further, Users are not allowed to reference the URL (website address) of this Website in any commercial or non-commercial media without express permission, nor are Users allowed to ‘frame’ the Website. The User specifically agrees to cooperate with the Website to remove or de-activate any such activities and be liable for all damages.
Use Of Information From This Website
Unless you have entered into an express written contract with this Website to the contrary, Users are not permitted to use the information contained in the Website (the “Information”) in a commercial or public setting or to broadcast, copy, save, print, teach, sell, coach, or publish the Information or any portions of the content of this Website. By viewing the contents of this Website Users agree to this condition of viewing and Users acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. The User warrants that the User understands that accepting this provision is a condition of viewing the Website and that viewing constitutes acceptance.
Comments, Communications, and Other Content
If you submit comments, communications or other content, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information or other content throughout the world in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with such information or other content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the information or other content that you send or post; that the information or other content is accurate; that use of the information or other content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from information or other content you supply. The Company has the right but not the obligation to monitor and edit or remove any information or other content. The Company takes no responsibility and assumes no liability for any information or other content posted by you or any third party.
Copyright and Other Legal Rights Complaints
The Company respects the intellectual property and legal rights of others. If you believe that intellectual property or other legal rights have been violated, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the rightsholder; (ii) a description of the alleged rights violation; (iii) a description of where the alleged violating material is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the rightsholder, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the actual rightsholder or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of rights violation can be found at support@cultivatingdemand.com. We will process your complaint pursuant to the Copyright Act of Canada.
Product Descriptions
The Company attempts to be as accurate as possible. However, the Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Company itself is not as described, your sole legal remedy is to return it in unused condition.
Other Businesses
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Members of the Media
As a User, you certify that you are not a member of the media, or that if you are, you are participating on this Website solely for your personal enjoyment and not as part of any investigation or gathering of information for dissemination of information to the public as news and that you will not use any such information in any manner without the express written permission of the Company. You agree that everything that you observe on the Website will be kept in strict confidence, and that you will do nothing to jeopardize the privacy and identities of any other User whatsoever.
Disclaimer of Warranties, Limitation of Liability and Indemnification
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DOWNLOADING ANY FILES OR INFORMATION FROM THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE WEBSITE FURTHER DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OF THE CONTENT OF THIS WEBSITE. WHILE EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE PRODUCTS OFFERED AND THEIR POTENTIAL AND EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES AND TESTIMONIALS IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCTS, THEIR IDEAS AND TECHNIQUES. THIS PRODUCT IS NOT A BUSINESS OPPORTUNITY AND ONLY PROVIDES ADVICE AND TRAINING ABOUT INTERNET AND SEARCH ENGINE OPTIMIZATION. THIS IS A NEW PRODUCT AND SYSTEM AND AS SUCH THERE IS NO HISTORY OF EARNINGS FROM ITS USE. WE DO NOT TRACK ACTUAL EARNINGS OF USERS OF OUR PRODUCT AS THE SAME WOULD VIOLATE THE USERS TRADE SECRETS AND CONFIDENTIAL OR PROPRIETARY INFORMATION. THE INFORMATION ON THIS SITE IS OUR EXPERIENCE WITH THE PRODUCT. IF YOU WANT TO SHARE YOUR EXPERIENCE LET US KNOW.
BY VIEWING, USING, OR INTERACTING IN ANY MANNER WITH THIS WEBSITE, INCLUDING ANY BANNERS, ADVERTISING, OR POP-UPS, DOWNLOADS, AND AS A CONDITION OF THE WEBSITE ALLOWING USER’S LAWFUL VIEWING, USER FOREVER WAIVES ALL RIGHT TO CLAIMS OF DAMAGE OF ANY AND ALL DESCRIPTION DUE TO USER’S USE OF THE WEBSITE AND BASED ON ANY CAUSAL FACTOR RESULTING IN ANY POSSIBLE HARM, NO MATTER HOW HEINOUS OR EXTENSIVE, WHETHER PHYSICAL OR EMOTIONAL, FORESEEABLE OR UNFORESEEABLE, WHETHER PERSONAL OR BUSINESS IN NATURE.
USER AGREES THAT IN THE EVENT USER CAUSES DAMAGE WHICH THE WEBSITE IS REQUIRED TO PAY FOR, THE USER, AS A CONDITION OF VIEWING, WILL REIMBURSE THE WEBSITE FOR ANY AND ALL COSTS RELATING TO SUCH DAMAGE, INCLUDING WITHOUT LIMITATION ANY LEGAL FEES.
Applicable Law
By visiting the Website, you agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Company, and any disputes shall be adjudicated in the City of Vancouver, British Columbia, Canada, and you consent to exclusive jurisdiction and venue in such courts.
Site Policies, Modification, and Severability
Please review our other policies as posted on this Website. We reserve the right to make changes to the Website, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.