Canadian Policy

PLEASE CAREFULLY READ THESE WEBSITE TERMS OF USE BEFORE USING THE FLUENT WEBSITE. THESE TERMS OF USE ARE A BINDING CONTRACT THAT GOVERNS USE OF THE FLUENT WEBSITE AND RELATED SERVICES, EXEMPTS FLUENT 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 FLUENT 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 FLUENT WEBSITE.

Your Acceptance of these Terms of Use

These Terms of Use are a legal agreement between you and Fluent Home Ltd. (“Fluent”) regarding your access to and use of the Fluent website located at www.myfluenthome.com (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 Fluent.

Changes

Fluent in its discretion may change these Terms of Use at any time by posting the changed Terms of Use on the Website at www.myfluenthome.com/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 Fluent.

Other Agreements for Fluent Products/Services

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

Personal Information Privacy

By using the Website you consent to the collection, use, retention, disclosure and deletion of your personal information in accordance with Fluent’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 Fluent.

Ownership of Website

Copyright © 2014 Fluent Home Ltd. 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 Fluent 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 Fluent.

Feedback

If your give feedback about the Website or any Fluent products or services (including any ideas or suggestions for enhancements or improvements) to Fluent (by direct communication or by posting comments with your feedback on the Website), then Fluent 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

FLUENT, FLUENT HOME, MY FLUENT HOME and related trademarks and symbols are registered or unregistered trademarks and service marks owned or licensed by Fluent. 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 Fluent, and Fluent 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 Fluent 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 Fluent are strictly prohibited. Fluent 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

FLUENT 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 FLUENT TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnity and Limitations of Damages

You agree to indemnify, defend and hold harmless Fluent, 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 FLUENT 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 FLUENT IS EXPRESSLY ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

Limited License

Fluent 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, Fluent 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, Fluent 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 Fluent each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all disputes, except that Fluent 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 Fluent’s rights in, to and associated with the Website and its content.

Other Matters

No consent or waiver by Fluent to or of any breach of these Terms of Use by you will be effective unless in writing and signed by Fluent 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, Fluent’s rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Fluent may be lawfully entitled under these Terms of Use or at law, and Fluent 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 enure to the benefit of and be binding upon you and Fluent 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 Fluent’s express prior written consent, which consent may be withheld in Fluent’s discretion. Fluent may, without your consent, assign these Terms of Use or any of Fluent’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 Fluent regarding your use of the Website. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Fluent regarding the Website.

You and Fluent have each expressly requested and required that these Terms of Use be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.

United States Policy

TERMS

On behalf of Fluent, we thank you for visiting our website. By choosing to visit and access our website, you have agreed to be bound by and to comply with the Terms and Conditions of Use described on this website as well as all laws and regulations which are applicable to such use. You further agree that you are responsible for compliance with any local laws which are applicable to such use. If for any reason, you disagree with any of the terms and conditions governing the use of this website, then you are prohibited from using or accessing this site.

DISCLAIMER

Fluent provides its content materials on its website exclusively on an “as is” basis. Further, Fluent makes absolutely no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Fluent does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

LIMITATIONS

Fluent and its suppliers shall not in any way and under no circumstances be responsible or liable for any damages including but not limited to lost profits, lost revenues, profits due to business interruption, arising out of the use or inability to use the materials on Fluent’s Internet site, even if Fluent or a Fluent authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

LINKS

Please be advised that from time to time Fluent Alarm may allow other organizations to place links on its company website. However, notwithstanding the fact that these links appear on Fluent’s website, Fluent is not responsible for the content that appears on any website which is linked to its website. In addition, Fluent has not had the opportunity to review the content of all of websites which are linked to its website. Further, the mere fact that any website has been included as a link on our website does not constitute an endorsement by Fluent of the site. Use of any such linked website is exclusively at the user’s own risk.

REVISIONS AND ERRATA

Fluent acknowledges that while we do our best to maintain accuracy, the content which appears on its website may include errors. These errors may include but not be limited to errors of a typographical, technical or photographic nature. As such, Fluent does not warrant that any of the content on its website is up to date, accurate, or complete. Fluent reserves the right to make changes to the content on its website at any time, without notice. However, while Fluent does reserve the right to make such modifications, it does not make any commitment to update the materials.

USE LICENSE

Fluent grants permission to the users of its website to temporarily download one copy of the materials (information or software) on Fluent’s website exclusively for personal, non-commercial transitory viewing. However, this constitutes the grant of a license and does not constitute a transfer of title.

This license specifically does not allow you to do the following:

  • modify or copy the materials on the website;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • remove any copyright or other proprietary items from the materials; or
  • transfer the materials to another person or « mirror » the materials on any other server.
  • attempt to decompile or reverse engineer any software contained on Fluent’s website;

The licenses and permissions granted to the user shall be terminated automatically in the event of any violation of these restrictions. Fluent reserves the right to terminate such use and permission at any time. You understand and agree that in the event that your license and permission is terminated, you shall be required to destroy any materials you have downloaded in your possession whether in electronic or printed format.

SITE TERMS OF USE MODIFICATIONS

The Fluent organization reserves the right to modify these terms and conditions of use for its website at any time without notice. By using this website you are agreeing to be bound by the current version of these Terms and Conditions of Use as well as any modifications to these terms and conditions of use.

GOVERNING LAW

For customers in the United States the laws of the state of Washington will govern disputes or claims regarding the Fluent website without regard to its conflict of law provisions.