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
Other Agreements for Fluent Products/Services
Personal Information Privacy
“Home”) as amended from time to time and as otherwise permitted by applicable law.
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, cataloged, 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
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.
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.
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.
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
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 POSSIBILITY OF SUCH DAMAGES.
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
Governing Law and Disputes
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
Governing Law and Disputes