July 22, 2019
1. Description of Services
StatsWest is a Western Canadian polling website. StatsWest also allows the user to ‘opt-in’ to updates through their messaging service via email and SMS messaging.
You must be Canadian voting age to access or use our Services. If you are under the Canadian voting age, you are not permitted to sign our form. You agree that you are a Canadian resident.
4. Prohibited Conduct
You will not violate any applicable law, contract, intellectual property or third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
- Engage in any harassing, threatening, predatory or stalking conduct;
- Use or attempt to use the personal information of any other person (living or deceased);
- Use our services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from full access to our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only share personal information that is non-confidential, and you have all necessary rights to disclose.
5. Limited License; Copyright and Trademark
Our services and the text, graphics, images, photographs, videos, illustrations, page headers, logos, service mark, slogans (hereafter known as “Content”) are owned by or licensed to StatsWest are protected under both Canadian and foreign laws. Except as explicitly stated in these Terms, StatsWest and our licensors reserve all rights in and to our Services. You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your own personal use: however, such license is subject to these Terms and does not include any right to: (a) sell, resell or commercially use our Services; (b) copy, reproduce or distribute our Services; (c) remove any markings, or otherwise make any derivative use of our Services, except as expressly set forth in these Terms; (d) use any data mining, robots or similar data gathering extraction methods; or (e) use our Services other than as expressly provided in these Terms. Any use of our Services other than a specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under these Terms. You will not remove, alter or conceal any copyright, trademark or service mark incorporated in or accompanying the StatsWest Content.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about StatsWest or our Services (hereafter known as “Feedback”), is non-confidential and will become the sole property of StatsWest. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
7. Copyright Complaints
We have a policy of limiting access to our Services of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify StatsWest’s Management as follows:
Address: P.O. Box 6085, Leduc, Alberta, T9E 2A2
Telephone Number: +1 (306) 400-9205
E-mail Address: firstname.lastname@example.org
Please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to StatsWest for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless StatsWest and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “StatsWest Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify StatsWest Parties of any third party Claims, cooperate with StatsWest Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the StatsWest Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and StatsWest or the other StatsWest Parties.
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, StatsWest does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While StatsWest attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
10. Limitation of Liability
StatsWest and the other StatsWest Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if StatsWest or the other StatsWest Parties have been advised of the possibility of such damages.
The total liability of StatsWest and the other StatsWest Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of StatsWest or the other StatsWest Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release StatsWest and the other StatsWest Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under Canadian Charter of Rights and Freedoms as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
12. Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to Canada and other countries, where you may not have the same rights and protections as you do under local law.
13. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with StatsWest and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or StatsWest seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or StatsWest seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and StatsWestt waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration.
You and StatsWest agree that any dispute arising out of or related to these Terms or our Services is personal to you and StatsWest and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND VOTEWEXIT WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
14. Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Canada, without regard to conflict of law rules or principles (whether of Canada or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
15. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account, if any, or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
16. Electronic Communications
By submitting your personal information on our forms, you also consent to receive electronic communications from StatsWest (e.g., via email, SMS messages, or by posting notices on our Services). These communications may include notices, alerts and/or updates about StatsWest Parties, and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and StatsWest relating to your access to and use of our Services. The failure of StatsWest to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.