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Terms of Use

Please read the following carefully.

These Terms of Use (“Terms”) govern your use of this website (the “Site”). To learn about the terms and conditions pertaining to the ThruYou Donation Program owned by ThruYou and operated through the Site, please read our Member Agreement. To learn about the terms and conditions relating to the charitable donation services provided to causes by ThruYou, please read our Cause Terms of Use.

The Site is owned and operated by ThruYou Social Commerce, Inc. (“ThruYou”). Access and use of the Site is provided by ThruYou to you on condition that you accept these Terms, and by accessing or using the Site, you agree to these Terms. If you do not agree to accept and abide by these Terms you should not access or use the Site.

Please note that the Terms and any other policies or guidelines governing the Site and the services provided through and in connection with the Site (collectively, the “Services”) are subject to change by ThruYou at any time in our sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site and the Services will be subject to the most current version of the Terms posted on the Site at the time of such use. Your continued use of the Site or the Services after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly. If you do not agree to any changes to these Terms, please immediately discontinue your use of the Site.

You also understand and agree that we may amend, alter, suspend or discontinue any aspect of the Services at any time, including the availability of any Services features, content, functionality or aspect in our sole discretion.

1. Access To This Site

To access certain portions of the Site and the Services, you may be asked to provide certain registration details or other information. All the information that you provide to this Site and through the Services must be correct, current, and complete. If ThruYou believes that the information you provide is not correct, current, or complete, ThruYou reserves the right to refuse you access to the Site or any of its resources, and to terminate or suspend your access at any time. However, ThruYou has no obligation to verify the accuracy, currency completeness or usefulness of any information that you have provided to the Site.

2. Proprietary Information

The Site and the Services contain text, graphics, photos, software, logos, icons and other materials ("Site Content”) furnished by ThruYou which is owned by ThruYou. This Site may also contain text, graphics, photos, software, logos, icons and other materials, including promotions ("Third Party Content”) that is owned or provided by persons or entities other than ThruYou ("Third Party Providers”)(the "Site Content and the "Third Party Content” being collectively called “Content”). ThruYou makes no representations or warranties regarding the Content. You understand that you have no proprietary rights in the Content and that ThruYou and the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Content. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Content, in whole or in part, in an form or by any means whatsoever, for any public or commercial purpose, without the prior written consent of ThruYou or the Third Party Providers.

3. Linked Websites

This Site may provide links to third party websites for your convenience only. The inclusion of these links does not imply that ThruYou monitors or endorses these websites. ThruYou does not accept any responsibility for such websites. ThruYou shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, Content, goods or services available on or through any third party Websites or linked resources. You also understand and agree that ThruYou's Privacy Policy is applicable only while you are using the Site and the Services. Once you are linked to another website, you should read the privacy statement of that website before disclosing any personal information.

4. Conduct and the Use of Email and the Site/Submissions

ThruYou expects that you will access and use the Site and the Services in a respectful and responsible manner in accordance with applicable laws. As a registered user of the Site, you may have the opportunity to post reviews, submit profile information or otherwise engage in dialogue with representatives of ThruYou and users of the ThruYou Site (“Members”) through the Services. ThruYou welcomes your content, messages, video and audio recordings, remarks, ideas, reviews, profile and other information communicated to ThruYou and other Members through this Site and the Services (collectively, a “Submission”). Of course, you are prohibited from using a false e-mail address, from impersonating another person or entity, or otherwise misleading ThruYou or other Members as to your identity when you are on the Site, using the Services, or otherwise communicating with or via ThruYou. ThruYou may also refuse to grant you an ID or user name if such ID/user name is protected by trademark or other intellectual property laws or is unlawful or offensive or inappropriate, as determined by us in our sole discretion.

You further agree that you will use this Site for lawful purposes only and represent and warrant that you will not use the Site or the Services to:

  1. download, post, e-mail or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, homophobic, sexist, defamatory, vulgar, obscene, inflammatory, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any Submission which encourages conduct that would constitute a criminal offense, violate the laws of others or otherwise violates any applicable local, provincial, national or international laws, including harms minors in any way;

  2. download, post, e-mail or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  3. download, post, e-mail or otherwise transmit any Submission that infringes, misappropriates, or otherwise violates any third party's copyright, patent, trade-mark, or other proprietary right of publicity, privacy or intellectual property, or encourages or enables any other party to do so;

  4. use the Site, the Services or any Content to post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” "chain letters,” "pyramid schemes,” or any other form of solicitation;

  5. upload, post, e-mail or otherwise transmit any Submission to the Site or the Services that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site's infrastructure or limits the functionality of any ThruYou or third party computer hardware, software, networks, or hardware or telecommunications equipment;

  6. interfere with or disrupt the Site, the Services or servers or networks connected to the Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any "denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Site or disobeying any requirements, procedures, policies or regulations of networks connected to the Site;

  7. intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with the Site or the Services; or

  8. collect or store personal information about other Members of the Site and the Services or disseminate such personal information through a Submission or otherwise.

Any breach of the above representations, covenants and warranties may result in termination of your use of the Site and the Services, and, if appropriate, referral to relevant law enforcement authorities. ThruYou reserves the right, but has no obligation, to monitor Submissions. However, ThruYou does reserve the right to remove any Submissions or material that in its sole opinion, violates or is alleged to violate, any applicable laws or policies.

Right to Use Submissions. You hereby irrevocably assign, sell and transfer to ThruYou all of your rights, title and interest in Canada and throughout the world in any Submission as and when posted by you at no additional cost. You additionally irrevocably waive all of your moral rights as author in respect of such Submission, however arising. ThruYou will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind.

5. Privacy Policy

ThruYou is deeply committed to respecting the privacy of the personal information of the individuals with whom we interact. Please read and review ThruYou's Privacy Policy which describes our privacy policies and practices in detail, as such statement may be amended from time to time by ThruYou. ThruYou advises you to check the Privacy Policy on a frequent basis for changes. ThruYou will treat any personal information that you submit through this Site and the Services in accordance with its Privacy Policy. You hereby consent to the use of your personal information by ThruYou and/or its Third Party Providers in accordance with the terms and for the limited purposes set forth in the Privacy Policy.

6. Disclaimer of Warranties/Limitation of Liability

You are solely responsible for your interactions with other Members of the ThruYou community that you may meet through the Site and the Services. While ThruYou has created guidelines to help you get the most of your online experience here, you understand that ThruYou cannot make any guarantees or promises, either express or implied, regarding the relationships that you may develop with other Members, including guarantees or promises as to their quality, suitability, compatibility or otherwise. In particular:

  1. ThruYou does not endorse, represent, comment, verify or confirm the accuracy or reliability of any Member profile, or any statement, advice, opinion, or other information that you may obtain from the Site or the Services. Your use of this Site and the Services is entirely at your own risk. Everything on the Site, including the Content and all Submissions, is provided “as is” and “as available” without representations, warranties, guarantees or conditions of any kind, either express or implied. ThruYou expressly disclaims all representations, warranties, guarantees and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement or those arising out a course of dealing or usage of trade.

  2. ThruYou makes no representations, warranties or conditions regarding the completeness, accuracy, availability or appropriateness of the Site, the Services, the Content, the Submissions or their usefulness for your purposes. For greater clarity, ThruYou does not represent or warrant that (i) the Services, Content or Submissions contained in this Site will be uninterrupted, reliable, accurate, complete, suitable, valid, truthful, error-free or will meet your requirements in any way; (ii) that defects will be corrected, or that this Site or any server that makes it available are free of viruses or other harmful components; (iii) the use of the Services, the Content, the Submissions and the Site will be secure, or error-free; (iv) the results that may be obtained from your use of the Services, the Content, the Submissions and the Site will accurate, beneficial or reliable; or (v) the quality of any Services, Content or Submissions obtained by you through your use of the Site will meet your expectations. The Content and Submissions may include technical inaccuracies or typographical errors, and ThruYou may make changes or improvements at any time.

  3. In no event will ThruYou, its directors, officers, shareholders, employees, affiliates, subsidiaries, Third Party Providers, service providers, agents or advisors be liable to you or any other person or entity for any indirect, exemplary, incidental, consequential or punitive damages, including lost profits, loss of income, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, bodily injury, loss of reputation, emotional distress, loss of goodwill, use, data or other intangible losses or other loss arising from: (i) your use or inability to use the Site, the Services, the Content, the Submissions or any site to which you hyperlink from the Site; (ii) any third party claims that the use by you of the Services, the Content or the Submissions violates any intellectual property right or privacy right; (iii) any failure of performance of the Site, the Services, the Submissions or the Content, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; (iv) any damages arising from communications, transactions, or meetings with other Members of the Services or persons that you meet through the Services or as a result of your community experience rating; or (v) any other matters relating to this Site, the Services, any Submissions or the Content, based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not such ThruYou had any knowledge, actual or constructive, that you might incur such damages. ThruYou will not be liable or responsible for any damages or losses resulting from any correspondence or business dealings with third party advertisers or resulting from the presence of such advertisers on the Site or the Services.

  4. ThruYou expressly disclaims any and all such above representations, warranties and conditions to the fullest extent permissible under applicable law. Certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

7. Indemnity

You agree at all times to indemnify, defend and hold harmless ThruYou, its licensors, Third Party Providers, service providers, employees, contractors, agents, charitable partners, officers, directors, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of the Site, the Services, the Content, from Submissions that you post to, submit or transmit through the Site or from your violation of these Terms. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of Content or other Submissions from this Site.

8. Security

Any passwords used for this Site are for individual use only and will not be shared between Members. ThruYou and its agents, officers, directors and employees will not be responsible for the unauthorized use of your profile by any other person and are under no obligation to confirm the actual identity of any password. You also agree to notify ThruYou immediately upon becoming aware of any known or suspected unauthorized use(s) of the your password to gain access to your profile, or any known breach of security, including loss, theft or unauthorized disclosure of your password or account or any other breach of security, via e-mail to info@ThruYou.com if at any time your password or username is, or you believe it has been, lost, stolen, disclosed, or otherwise compromised. ThruYou cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts.

9. Violations

Please report any violations of these Terms to ThruYou at info@thruyou.com. ThruYou reserves the right to (i) investigate suspected violations of these Terms; and (ii) fully cooperate with any law enforcement authorities or court order requesting or directing ThruYou to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. By accepting these Terms you waive, and hold ThruYou harmless from, any claims resulting from any action taken by ThruYou during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either ThruYou or law enforcement authorities.

10. General

Applicable Law. This Site is controlled, operated and administered by ThruYou from within the Province of Alberta, Canada. This Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this Site, you acknowledge and agree that all matters relating to access to, or use of this Site shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement.

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily. Sections 2, 3, 5-8 and 11 will survive any termination of these Terms for any reason.

Termination. You acknowledge and agree that these Terms will remain in effect for so long as you use this Site. You agree that this agreement can only be terminated by you once you have stopped using the Site. ThruYou reserves the right to terminate your use of the Site at any time, for any reason, with or without cause, if ThruYou believes that you are violating these Terms or other applicable laws in any way. ThruYou also has the right, in its sole discretion, to remove any Submissions or other content of yours from the Site. ThruYou may also terminate your password on the Site at any time, with or without cause or notice, for any reason. If you wish to terminate your account, you many choose to cease your use of the Site or to send ThruYou notification by e-mail at info@thruyou.com. ThruYou will not be responsible for maintaining or returning Submissions or your password.

Entire Agreement. These Terms and any other legal notices, license agreements, policies and guidelines of ThruYou linked to these Terms (including, without limitation the Member Agreement) constitute the entire agreement between you and ThruYou relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter, and the Terms may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

No Waiver. ThruYou will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by ThruYou. No delay or omission by ThruYou in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. ThruYou's failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of ThruYou’s right to subsequently enforce such provision or any other provisions of these Terms.

Headings. The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms.

Last updated: December 4, 2008