United States Terms of Use
Last Updated: January 28, 2020
Version 1.0 – USA
This version of our Terms of Use applies to all Users located in the United States of America.
Please read these Terms of Use (this "
Agreement") carefully as they govern the terms and conditions under which Users ("
you" and "
your") may access and use the CanadaQBank web-based applications and mobile device applications (the "
App(s)"), as well as the website www.CanadaQBank.com (the "
Website"), collectively, the "
Service(s)".
The Services are owned by CQB Education Inc. ("
CQB", "
us", "
we", or "
our"). We operate the Services and provide them for use subject to compliance with this Agreement.
By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://canadaqbank.com/privacy.php, incorporated herein by reference, and our Copyright Policy, found at https://canadaqbank.com/copyrights.php. If you object to anything in this Agreement or if you do not want to agree to these Terms of Use or the Privacy Policy or Copyright Policy, you must not access or use the Services.
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with CQB and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
1. Definitions
"Individual Subscription" means a User who has registered and paid a subscription fee to obtain individual access to the Subscribed Content for a particular medical licensing exam for a limited period of time.
"Institutional Subscription" means a User who has registered and paid a subscription fee for members of the institution to obtain access to the Subscribed Content for a particular medical licensing exam for a limited period of time.
"Subscription" means either an Individual Subscription, Institutional Subscription or both an Individual and Institutional Subscription. A Subscription provides access to an individual or entity, depending on the nature of the Subscription, to access Subscribed Content related to a single medical licensing exam for a limited period of time.
"Subscribed Content" means test preparation related materials and functionality available to Subscribed Users, such as test taking simulations, the ability to customize study topics, native note taking capabilities and analytics that assist in tracking learning progress and test performance. Subscribed Content is limited to the particular medical licensing exam for which a Subscribed User is subscribed.
"Subscribed User(s)" means entities who have either an Individual Subscription, Institutional Subscription or both an Individual and Institutional Subscription.
"User(s)" means all individuals or entities that use, view or access the Services.
"User Content" means any data, information, content, records, files, text, images, video, audio or other multimedia, software or other information or material that Users load or transmit through the Services. For greater clarity, this includes questions and cases submitted to CQB by Question and Case Developers and testimonials provided by Subscribed Users.
"Question and Case Developers" means individuals who submit medical licensing exam questions and cases to CQB.
2. Changes to this Agreement
This Agreement, including the Terms of Use and Privacy Policy, are subject to change and may be updated by CQB, at its sole discretion, from time to time. We will notify you of any changes by posting the new agreement on the Services.
You are advised to review this Agreement periodically for any changes. You are expected to check this page from time to time so you are aware of any changes to this Agreement. Changes to this Agreement will be effective immediately upon posting the revised Terms of Use or Privacy Policy on the Website or App. Your continued use of the Services following the posting of any revised Terms of Use or Privacy Policy means you accept and agree to the changes.
Should we make any significant changes to this Agreement, we will let you know by posting notices on our Services and/or by sending you an email explaining the change.
3. About our Services
CQB offers an online test preparation service that assists medical students and physicians to prepare for the following medical licensing exams:
- AMC CAT (Australia)
- MCCQE Part 1 (Canada)
- MCCQE Part 2 (Canada)
- PEBC EE (Canada)
- PEBC QE Part 1 (Canada)
- RCSFE (Canada)
- SMLE (Saudi Arabia)
- PLAB Part 1 (United Kingdom)
- PLAB Part 2 (United Kingdom)
- TDM (Canada)
- USMLE Step 1 (United States)
- USMLE Step 2 CK (United States)
- USMLE Step 2 CS (United States)
- USMLE Step 3 (United States)
While access to the Website and downloading the App is free, a paid subscription is required to obtain access to the Subscribed Content. Subscriptions can be purchased through the Website. Completion of CQB's registration process is required in order to obtain a Subscription and to access the Subscribed Content.
4. Contests and Promotions
From time to time CQB may make contests and promotions available through the Services. All contests and promotions are governed by this Agreement and the applicable contest rules. By participating in a contest or promotion through the Services, you signify your agreement and acceptance of this Agreement and the applicable contest rules.
5. Rules for User Conduct
As a condition of your use of the Website, App or both the Website and App, you agree that:
- You are responsible for providing accurate, current and complete information in connection with a Subscription;
- You must not share Subscription credentials with others and may not assign or otherwise transfer your Subscription to any other person or entity. Subscriptions shall only be used by the individual or entity registered in association with that Subscription. Other persons are not permitted to use your Subscription to access the Apps. Furthermore, you are entirely responsible for any and all activities that occur under your Subscription and agree to notify CQB immediately of any unauthorized use of your Subscription;
- You shall only use, view and access Subscribed Content for the particular medical licensing exam for which you are subscribed and for the duration of your Subscription. You are not allowed to access Subscribed Content for which you are not subscribed;
- Use of the Services is not intended for minors. By using, viewing or accessing the Services, you represent and warrant that you are not a minor;
- You will notify CQB immediately of any unauthorized use of the Services or any other breach of security;
- You will not use the Services for any other purpose that is unlawful under applicable law or prohibited by this Agreement. If you access the Services from outside the United States of America, you are responsible for complying with applicable local laws;
- You are solely responsible for your own User Content and you will not upload or transmit to CQB or through the Services any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or violates another party's rights, such as another party's intellectual property rights;
- You will not advocate, promote or assist any unlawful act or give the impression that any User Content emanates from CQB, where this is not the case;
- You are solely responsible for all costs and expenses that you may incur in relation to your use of the Services;
- You will not circumvent or manipulate our fee structure, the billing process, or fees owed to CQB;
- You will not distribute viruses, harmful code, phishing scams or any other harmful content or technologies, or otherwise take any actions that do or are intended to harm CQB, the Services, Users or third parties, or their respective interests or property;
- You will not solicit, harvest, access or otherwise collect information regarding the Services, other Users or third parties, or their respective interests, property, or data;
- You will not interfere or attempt to interfere with the proper functioning of CQB, the Services, such as by making any automated use of the Services, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- You will not bypass any measures we take to restrict access to the Services, Subscribed Content or CQB servers, or use any software, technology, or device to scrape, spider, or crawl the Services, Subscribed Content or CQB servers, or harvest or manipulate data related to same; and
- You will not probe, scan or test the vulnerability of the software, system or network, or breach or attempt to breach security or authentication measures related to CQB, the Services or the Subscribed Content.
6. Termination
This Agreement, subject to Section 19 below, will expire at the end of your Subscription, unless you extend your Subscription prior to it expiring. Under an extended Subscription, the current version of this Agreement will apply.
CQB shall be entitled to terminate your Subscription and permission to use, view and access the Services and Subscribed Content. To the extent that Users' conduct, as judged by us in our sole discretion, does not comply with this Agreement, including restricting or inhibiting other Users' use and enjoyment of the Services, we may immediately terminate your access to all or part of the Services, terminate your Subscription, remove any User Content, and/or seek other remedies. CQB may terminate your Subscription and/or block your access to the Services without any notice or refund, or both without notice and refund.
CQB may, in its sole discretion, modify, change, suspend or terminate, temporarily or permanently, the Services, or any part of it, at any time, for any reason, without any notice. If CQB must fully terminate the Services and your Subscription, CQB will only be liable to you for the amount of the Subscription that was unfulfilled, on a pro-rata basis, and to no other persons or entities and no other amounts.
Violations of this Agreement, or system or network security may also result in civil or criminal liability. CQB reserves the right to investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.
7. Your License to the Services
Subject to your compliance with this Agreement, CQB grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence, to access and view the Services and Subscribed Content for the particular medical licensing exam for which you are subscribed and for the duration of your Subscription.
As part of your license to access and view the Services, you may not screenshot, print, electronically copy and paste or otherwise reproduce any of Subscribed Content.
8. CQB's Intellectual Property
The Services and the Subscribed Content and all intellectual property rights in the Services and Subscribed Content including, without limitation, User Content, are owned by us. We and our licensors, as applicable, reserve all our intellectual property rights, which include without limitation all copyright, trademark, domain names, design rights, database rights, patent, trade secrets and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world. All intellectual property of CBQ and its licensors and other providers are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Nothing in this Agreement grants you any rights in the Services, Subscribed Content or both the Services and Subscribed Content, other than as necessary to enable you to use, view and access the Services and Subscribed Content in compliance with this Agreement. You agree not to adjust, circumvent or delete any intellectual property notices or bypass any software restrictions contained within the Services and Subscribed Content.
CanadaQBank® and the related words and logos are our trademarks, service marks or trade names. Nothing in this Agreement or within the Services should be construed as granting any license or right for you to use any such marks or names in any way. We expressly reserve all our trademark rights. Except as otherwise indicated, all trademarks, service marks, trade names, slogans, logos and other source-identifying features of the Services and Subscribed Content are the property of CQB, whether registered or not. All other trademarks, service marks, trade names, slogans and logos used in the Services are the trademarks of their respective owners.
The Medical Council of Canada ("
MCC") is not affiliated with CQB and does not endorse its products or services. MCC, MCCEE and MCCQE are trademarks of The Medical Council of Canada. No sponsorship or endorsement by, or affiliation with, the MCC or other trademark owners is claimed or implied by CQB. Trademarks appearing on the Services or in the Subscribed Content that are not owned by CQB can only be used with the prior written permission of the owners of these trademarks.
The Services and Subscribed Content, including, but not limited to, any text, such as tests and questions, images, photographs, graphics and any other materials, the arrangement, the look and feel and the computer programs and software are protected by copyright. CQB owns the copyright in and to the Services and Subscribed Content, or has acquired the appropriate licenses, assignments or permissions to use them. CQB hereby expressly reserves all copyright in and to the Services and the Subscribed Content.
You shall not use, copy, adapt, modify, download, print, sell, prepare derivative works, reverse engineer, distribute, license, sell, transfer, publicly display, publicly perform, transmit, disseminate, broadcast or otherwise exploit the Services and the Subscribed Content, except as expressly permitted in this Agreement. This Agreement permits you to use the Services for your personal, non-commercial use only. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
While CQB welcomes your comments and feedback regarding the Services and Subscribed Content, CQB does not wish to receive any User Content that contains confidential or proprietary ideas, suggestions, materials, or information. Please note that all User Content and all intellectual property rights therein shall become and remain the property of CQB. You waive any moral rights that you may have in all User Content. To the extent that ownership of User Content does not vest with CQB, you grant CQB a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, transferrable, assignable, irrevocable right to exploit, in any way, commercially or otherwise, such User Content, with the right to sub-license. CQB will not have any obligation to keep User Content confidential and will be free to reproduce, use, disclose and distribute same to others without limitation. Any User Content submitted by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission.
9. Privacy
CQB will only use the information you provide in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.
10. Third-Party Links and Advertisements
The Services may contain advertisements, hyperlinks, references to third party websites or any of the preceding ("
Third Party Materials"). Third Party Materials are solely provided as a convenience to you and CQB has no control over Third Party Materials. Any such advertisement, hyperlink or reference does not constitute an endorsement of the Third-Party Materials by CQB and CQB is not responsible for the accuracy or reliability of any opinion, advice, information, or other statements contained within the Third Party Materials. Further, Third Party Materials may be governed by terms and conditions of those third-parties.
CQB expressly disclaims any liability derived from the use, viewing or both the use and viewing of Third-Party Materials. All Users hereby agree to hold CQB harmless from any liability that may result from the use, viewing or both the use and viewing of Third-Party Materials.
If you are linking to the Services you must notify CQB. No deep linking is permitted if it obscures, hides or detracts from the Services. No use of CBQ's trademarks or metatags is permitted in linking to the Services without CBQ's permission.
11. Payment Policy
While access to the Website and downloading the App is free, a paid subscription is required to obtain access to the Subscribed Content. Subscription prices are provided in Canadian Dollars.
You can register for the following Subscriptions through the Website:
- A Personal or Institutional Subscription
- Subscriptions can be purchased for one-, two-, three-, six-, nine- and 12-month periods.
- Each Subscription must be limited to one of the following medical licensing exams:
- AMC CAT (Australia)
- MCCQE Part 1 (Canada)
- MCCQE Part 2 (Canada)
- PEBC EE (Canada)
- PEBC QE Part 1 (Canada)
- RCSFE (Canada)
- SMLE (Saudi Arabia)
- PLAB Part 1 (United Kingdom)
- PLAB Part 2 (United Kingdom)
- USMLE Step 1 (United States)
- USMLE Step 2 CK (United States)
- USMLE Step 2 CS (United States)
- USMLE Step 3 (United States)
Once registration is complete, you will be directed to one of our third-party service providers to process your payment. Payment may be provided by valid credit or debit card.
Once payment is successfully received and processed, you will receive two emails – one confirming receipt of payment and another containing a link to activate your Subscription. When the User clicks on the activation link, the User will be asked to complete their account setup by entering their name and setting a password. Once set, the Subscription will be activated and the Subscribed User may use, view and access the Subscribed Content for the duration of their Subscription in accordance with this Agreement.
Once subscribed, Subscriptions can be extended by 15 days, two-, three-, six-, nine- and 12-month periods.
12. Refund Policy
Except as otherwise provided in this Agreement, it is at the sole discretion of CQB whether to issue any refunds, allow for any cancellations or change your Subscription.
All requests for refunds must be made in writing to the email address provided below, within the first three (3) days of the Subscription.
13. Complimentary Extension of Subscription
If you do not pass your medical licensing exam after subscribing and using the appropriate Subscription for at least one month before your exam date, you are eligible for a complimentary extension of your Subscription for up to three months.
This extension applies to the following medical licensing exams:
- AMC CAT (Australia)
- MCCQE Part 1 (Canada)
- MCCQE Part 2 (Canada)
- PEBC EE (Canada)
- PEBC QE Part 1 (Canada)
- RCSFE (Canada)
- SMLE (Saudi Arabia)
- PLAB Part 1 (United Kingdom)
- PLAB Part 2 (United Kingdom)
- USMLE Step 1 (United States)
- USMLE Step 2 CK (United States)
- USMLE Step 2 CS (United States)
- USMLE Step 3 (United States)
To be eligible for the extension, you must:
(1) Provide a copy of your failing medical licensing exam score.
Once we receive this information, we will provide a complimentary one (1) month extension for each month of your initial Subscription, up to a maximum of three (3) months.
We reserve the right to limit this offer to a single extension per Subscription.
14. Network Access and Devices
You are responsible for obtaining the data network necessary to use, view and access the Services. Your mobile network's data and messaging rates and fees may apply if you use, view or access the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services. We do not guarantee that the Services, or any portion thereof, will function on all hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications for which we are not responsible.
In particular, the Website is optimized for computer systems with a minimum of Windows XP/ME/Vista/System 7 or Mac OS 10.4+, 256 MB RAM, Internet Explorer 8.0 or Firefox 1.0 or Safari 5.0, a monitor with a minimum resolution of 1024 x 768 pixels, and a broadband internet connection. Older computer systems may see slower performance. We currently do not support other computers, operating systems, or browsers, such as Linux and Opera.
The App is available for download on the Apple App store, Android Google Play store and the Microsoft Windows App store. Our Apps are compatible with the iPhone, iPad, all Android mobile phones and all Windows 10 devices.
Subscribed Users may only access the Services through a single device at a time. All Subscriptions are monitored for multiple log-ons.
We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to Users, including Subscribed Users.
15. User Relationships
Nothing in this Agreement shall in any way be construed as forming a joint venture, partnership, agency, or employment relationship between CQB and you.
16. Disclaimers of Representations, Conditions and Warranties
The Services and Subscribed Content should only be used as a study tool to assist Users in preparing for medical licensing exams and for no other purpose. CQB makes no representations or warranties of any kind, whatsoever, regarding the outcome of Users' medical licensing exams result.
CQB does not provide medical advice of any kind. The Services and Subscribed Content is no substitute for individual patient assessment based upon a healthcare provider's examination, consideration of laboratory data and other factors unique to the patient.
Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content contained within the Services and Subscribed Content.
THE SERVICES AND SUBSCRIBED CONTENT ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, CQB EXPLICITLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF: (I) QUALITY, MERCHANTABILITY, OR FITNESS OF THE SERVICES AND SUBSCRIBED CONTENT FOR A PARTICULAR PURPOSE; (II) NON-INFRINGEMENT OF THE SERVICES AND SUBSCRIBED CONTENT; OR (III) CORRECTNESS, ADEQUACY, ACCURACY, RELIABILITY, COMPLETENESS OR CURRENCY OF THE SERVICES AND SUBSCRIBED CONTENT. CQB ALSO EXPLICITLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARNATEES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
CQB MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SERVICES AND SUBSCRIBED CONTENT WILL BE AVAILABLE ON A TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT ANY DEFECTS OR ERRORS WITH THE SERVICES AND SUBSCRIBED CONTENT WILL BE CORRECTED, OR THAT THE SERVER(S) THAT MAKE THE SERVICES AND SUBSCRIBED CONTENT AVAILABLE ARE FREE FROM VIRUSES, MALWARE OR OTHER SIMILAR HARMFUL SOFTWARE CODE.
THE SERVICES AND SUBSCRIBED CONTENT ARE NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED ACCOUNT OF ANY MATTERS ADDRESSED AND REFERENCE TO ANY INFORMATION, BY TRADENAME, TRADEMARK OR OTHERWISE, SHOULD NOT BE USED OR CONSTRUED AS AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP. YOU SHOULD APPLY YOUR OWN JUDGMENT TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SERVICES AND SUBSCRIBED CONTENT INCLUDING, WITHOUT LIMITATION, THE USE OF OR RELIANCE ON ANY INFORMATION, OPINION OR ADVICE CONTAINED THEREIN. YOU BEAR THE SOLE RESPONSIBILITY FOR YOUR RESEARCH AND DECISIONS REGARDING THE PURCHASE AND USE OF THE SERVICES AND SUBSCRIBED CONTENT. CQB DOES NOT PROVIDE OR GUARANTEE THE SUITABILITY OF THE SERVICES OR SUBSCRIBED CONTENT.
CQB EXPRESSLY EXCLUDES ALL OTHER TERMS, CONDITIONS, WARRANTIES OR OTHER STIPULTAIONS CONCERNING THE SERVICES AND SUBSCRIBED CONTENT, WHETHER EXPRESS OR IMPLIED BY COMMON LAW OR UNDER STATUTE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
17. Limitation of Liability; Limitation to File Claims
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CQB AND/OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, OTHER AFFILIATES, SUCCESSORS, ASSIGNEES, AGENTS, REPRESENTATIVES, ADVERTISERS, MARKETING PARTNERS, LICENSORS, SERVICE PROVIDERS, INDEPENDENT CONTRACTORS, RECRUITERS, CORPORATE PARTNERS OR RESELLERS BE LIABLE FOR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, MONETARY LOSSES, LOST REVENUE OR PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, REPUTATION, AND/OR ANY OTHER DAMAGES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE USE OF, ACCESS TO OR RELIANCE ON THE SERVICES AND SUBSCRIBED CONTENT.
NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS EXCEED THE AMOUNT YOU PAID US FOR YOUR SUBSCRIPTION TO THE SERVICES AND SUBSCRIBER CONTENT. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THAT THE CAUSE OF ACTION OR CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS FOREVER WAIVED BY YOU AND PERMANENTLY BARRED.
18. Indemnification
You agree to indemnify, defend, release and hold harmless CQB, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable legal fees, arising out of or in any way connected with: (a) any violation of this Agreement; (b) User Content submitted by you to CQB, whether through the Services or otherwise, that violates any intellectual property, proprietary, contract, or other right of any third party; or (c) use of and access to the Services or Subscribed Content by you or any other person accessing the Services or Subscribed Content using your account. You further agree that you will fully cooperate in the defense of such claims.
19. Survival
The following Sections, together with any other provision of this Agreement which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive expiration or termination of this Agreement for any reason: Section 2, Sections 7 to 9, Sections 11 to 13 and Sections 16 to 27.
20. Monitoring
We have the right to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Services or the public or could create liability for CQB.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS CQB FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CQB DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CQB OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
21. Copyright Infringement
If you believe that any User Content violates your copyright, please see our
Copyright Policy for instructions on sending us a notice of copyright infringement, found at
https://canadaqbank.com/copyrights.php. It is the policy of CQB to terminate the User accounts of repeat infringers. All notices of copyright infringement claims should be sent to the copyright agent designated in our
Copyright Policy in the manner and by the means set forth therein.
22. Entire Agreement
This Agreement as well as CQB's Privacy Policy shall constitute the entire agreement of the parties in relation to the use of and access to the Services, and this Agreement shall supersede and replace any and all prior oral or written understandings or agreements between CQB and you.
23. Severability
If any term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
24. Assignment
You may not assign or transfer this Agreement, by operation of law or otherwise, without CQB's prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect.
CQB may assign or transfer this Agreement, at its sole discretion, without restriction.
Subject to the foregoing, this Agreement will bind and inure to the benefit of the CQB and the Users respective heirs, administrators, executors, legal personal representatives, successors and permitted assigns.
25. Waiver
No waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless consented to in writing by such party.
26. Force Majeure
CQB shall not be liable for any breach of this Agreement to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of CQB.
27. Governing Law
All matters relating to the this Agreement or the Services, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
28. Contact Information
If you have questions or concerns about this Agreement or our Privacy Policy, you may contact us at
[email protected]
.
