Terms of Service
Your exercising access to the Services, whether or not your exercising such access includes viewing or using material, making changes to records, creating new records or uploading or downloading material or information, constitutes your acceptance of, and is conditional upon your acceptance of and strict compliance with the provisions, terms and conditions of this Policy, which constitutes an agreement between you and Localintel (the "Agreement"). These acceptable terms may change from time to time and you accept responsibility to check for any such changes. Notwithstanding the fact that by accessing our services as the employee, contractor, or agent of an organization, you are agreeing to these terms on behalf of that organization. If you do not accept the foregoing and this Agreement, you will not be granted access to the Services.
The following terms shall have the following meanings in this Agreement:
- "Account Information" means the user account and private password information provided to you for use in connection with access to and use of the Services and the Data, and shall include any supplementary or substitute password issued by Localintel to you or on your behalf.
- "Data" means and shall include, without limitation, any and all information, records, documents, (including without limitation scanned and/or digitized documents), communications, data, maps, charts, dashboards, text, statements, comments, correspondence, requests, responses, discussions, images, files, records, evidence of any sort, and any other materials that are, or are able to be perceived, downloaded, uploaded, authored, created, published, modified, edited, distributed or deleted via the Services, regardless of computing device or software used, and whether or not with respect to or originating from you, or Company, or your employer or entity to which you are contracted, or otherwise.
- "User" means any individual, person or entity (including any parent entities, subsidiaries or affiliates, as well as their heirs, executors, administrators, trustees and authorized assignees) authorized to access or use the Services, including but not limited to you, conditional on your accepting this Agreement and conducting yourself in accordance with the terms and conditions contained herein.
By accepting or entering into this agreement, and/or by using or attempting to access and/or use the services, you expressly acknowledge and agree to the following:
- The information provided by Localintel along with the content on our website related to business matters ("business and location intelligence") is provided for your private use and does not constitute business advice. If you need business advice for a specific problem, you should consult with a business advisor or appropriate professional. Neither Localintel nor any business and location intelligence provided by Localintel is a substitute for business advice from a qualified business advisor or relevant professional.
- The information, software, products, and services made available through Localintel may include inaccuracies or typographical errors. Localintel and/or its suppliers may at any time make improvements or changes to our services. Information received via Localintel should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our services is at your own risk.
- THE SERVICES ARE PROVIDED "AS IS." and to the fullest extent permitted by law, Localintel and its affiliates, suppliers and distributors make no warranties, guarantees, conditions or representations either express or implied, regarding the services or the data, or that the services or the data will be available without errors, omissions or defects, or that errors, omissions or defects will be corrected, or that the services and the server or servers on which it is hosted will be free of viruses or other harmful content, or that the services will not infringe third party intellectual property rights or misappropriate third party confidential information or trade secrets. Localintel also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement. Information and opinions received via the website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
- Except as specifically stated in this agreement, none of Localintel or any of its respective affiliates, directors, officers, agents, employees or other representatives will be liable for any damages, costs or loss whatsoever arising out of or in connection with the use or misuse of, or any defects, inaccuracies, errors or omissions in or to, the services, the data, or any linked third party resource, whether direct, indirect, consequential, compensatory, special, exemplary, punitive or otherwise, including, without limitation, damages for loss of profits, cost of procurement of substitute goods or services, loss of programs, applications, information or data, failure to realize expected revenues, profits, or savings, loss of or damage to property of any kind, harm to business, or any other economic or pecuniary loss of any kind, whether arising out tort, contract, breach of duty or otherwise, and without regard to form of action. The foregoing provisions shall all apply even if Localintel has been advised by you or anyone else of the possibility of any loss or damage.
- This agreement provides a license and access to certain content and is not a sale of goods.
- Your use of the services does not create a relationship between you and Localintel, or between you and any Localintel employee or representative.
You expressly agree as follows with respect to your use of the Services:
- You will only use our Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our Services in your jurisdiction(s) is not an invitation or offer by Localintel to access or use our website or Services. By using our Services, you accept sole responsibility that you or any family member's use of or access to our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, Localintel reserves the right to refuse use, or suspend or terminate your account immediately and without prior notice at our sole discretion.
- You may not, and you may not knowingly allow others, to hack, scrape or crawl or otherwise attempt to copy any of our services, including this Economic Development Microsite (“Microsite”), whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information Localintel has not intentionally made available to you via our websites and microsites. Your use of Localintel’s websites and microsites does not entitle you to resell any Localintel content without prior express written consent from Localintel.
- You will not slander, libel or defame the character of any person or individual, whether directly or indirectly, nor contribute to or republish or distribute such defamation;
- You will not infringe the intellectual property rights or industrial property rights of any User, third party, or of Localintel;
- You will not disclose your Account Information to anyone other than authorized individuals within your organization or Localintel and you will not permit any individual to log in as you, or impersonate you;
- You will not transmit or send bulk unsolicited commercial email or "spam" to any User or to anyone via the Services or in connection with the Services;
- You will not engage in hacking, cracking, or any other kind of malicious conduct with respect to the Services or the Data;
- You will not engage in any direct or indirect activity which in Localintel's opinion is likely to or is designed to interfere, or may interfere, with the proper operation of the Services, or is likely to or is designed to expose, or may expose, Localintel to prosecution or to legal action of any kind and in any jurisdiction by any third party and/or User;
- You will not knowingly, recklessly or carelessly transmit, send or upload any virus, Trojan horse, spyware, malware or other malicious or harmful software or code and you will take commercially reasonable steps, including the use of regularly updated anti-virus and anti-spyware software and similar technological measures to avoid doing any of the foregoing;
- You will not decompile, reverse engineer or disassemble the Services or any software on or related to the Services, and you will not attempt to do any of the foregoing, nor will you counsel, authorize or assist any other person or individual to do so;
- You will not attempt to learn or discover the Account Information of any other individual or User, whether by technological means, trickery, fraud, deception or otherwise;
- You will not tamper with or wrongfully intercept, or attempt to tamper with or wrongfully intercept, the communications, email or messages of any other User, nor will you use any technique or technology to disguise the source of an email, communication or message or to "spoof" or otherwise make any email, communication or message appear to originate from any source other than you, or your organization or Internet Service Provider.
Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a Localintel user, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have created on Localintel. You may not copy the content of Localintel’s reports for use or sale outside of Localintel. Any rights not expressly granted in these Terms are reserved by Localintel.
When you transmit user content and actions, on Localintel's Microsites and websites, you hereby grant Localintel and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content and actions, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Resale or unauthorized distribution of materials downloaded from the Localintel websites and microsites is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of Localintel.
Intellectual Property Rights
Localintel retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to:
reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services;
sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or
circumvent or disable any security or technological features of our products and services.
The design, text, graphics and selection and arrangement thereof and services and the legal forms, documents, guidance and all other content found on our website ("Service Content") are copyright © Localintel Inc. All rights reserved.
(LocalintelTM) and (Economic Development MicrositeTM) are registered trademarks in the U.S. Patent and Trademark Office and Canadian Intellectual Property Office. These and any other Localintel product or service names or slogans displayed on Localintel products are trademarks of Localintel Incorporated. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Localintel is the service mark, trademark and/or trade dress of Localintel Incorporated and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of Localintel’s trademarks displayed on our website. All goodwill generated from the use of Localintel’s trademarks is reserved for the use of Localintel, exclusively.
Links to Third Party Sites
Localintel’s websites and microsites may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Sites." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. Localintel does not control, endorse, represent, warranty, or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. Localintel is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.
If you use any service provided on a Linked Site, (a) Localintel will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) Localintel does not warrant or support any service provided by the third party. YOU USE SUCH THIRD PARTY RESOURCES AND THE DATA SOLELY AND ENTIRELY AT YOUR OWN RISK AND HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST LOCALINTEL WITH RESPECT TO SUCH WEB SITES OR THE DATA.
You expressly agree as follows with respect to your use of the Services:
- The actions of uploading, downloading and accessing Data about identifiable individuals may be governed by the privacy legislation in your jurisdiction, and all Users are responsible to ensure that use of such Data is compliant with such legislation and that proper consents are obtained.
- By providing your email and name, you agree that you may receive communications from Localintel, such as newsletters, special offers, and account reminders and updates. You also understand that you can request to remove yourself from these communications by clicking the "Unsubscribe" link in the footer of the actual email.
Disclosure of Information
We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Services. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:
- For the purposes of fraud prevention and law enforcement;
- To comply with any legal, governmental or regulatory requirement;
- To our lawyers in connection with any legal proceedings; and
- To comply with a court order.
Warranties and Representations
In addition to, and not in substitution for any warranties or representations contained in any other agreement between you and Localintel, you warrant and represent to Localintel as follows:
- You have full legal capacity to enter into this Agreement and by doing so you will not be in breach of any agreement with, nor in breach of any legal duty to any third party or another User;
- Any and all materials transmitted or uploaded by you will comply with this Agreement;
- Any and all materials or messages transmitted or uploaded by you will not infringe the intellectual property or industrial property rights of any third party or User, including without limitation copyrights, moral rights, trade-marks and patent rights, nor will such materials or messages constitute wrongful disclosure or misappropriation of confidential information, proprietary information or trade secrets of any third party or User; and,
- You will comply in all respects with the provisions of this Agreement, including without limitation the provisions set forth herein regarding Acceptable Use.
Limitation of Liability
Without derogating from any other limitation of liability contained in this agreement, you agree that the aggregate of all liability on the part of Localintel for breach of any warranty, guarantee, term or condition contained in this agreement, whether express or implied herein, or of any other provision of this agreement or of any agreement contemplated by this agreement or any other breach giving rise to liability, including a breach of a condition or fundamental term or fundamental breach or breaches or in any other way arising out of or related to this agreement or any agreement contemplated by this agreement, for any and all causes of action whatsoever and, regardless of the form of action (including breach of contract, breach of duty, strict liability or tort, including but not limited to negligence, or any other legal or equitable theory), shall be limited to a maximum sum of one hundred dollars ($100.00) in Canadian currency. The foregoing provisions shall all apply notwithstanding the failure of the essential purpose of any limited remedy.
Indemnity and Release
You agree to release, indemnify and hold Localintel, and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another whether in contract, tort (including negligence), breach of duty, or otherwise.
Except for claims against our Users for illegal or improper use of our Services, websites or microsites that violates these terms (which claim may be filed at Localintel’s discretion with a court of competent jurisdiction in Alberta), if a dispute arises between a User and Localintel, our goal is to provide the User with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Localintel agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the use of our Services, websites or microsites in accordance with the paragraph below, or as we and you otherwise agree in writing. Before you resort to arbitration, you agree to first contact customer service directly at info@Localintel.co or 403 554 0982 to seek a resolution.
For any other claim or controversy at law or equity that arises out of this Agreement or the use of our Services, websites or microsites, the dispute will be resolved through binding non-appearance-based arbitration initiated through the Alberta Arbitration and Mediation Society. In such case, the following rules will apply: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You acknowledge and agree that a breach of this Agreement may cause Localintel irreparable harm for which no adequate remedy exists at law, and for which damages will not be an adequate remedy, and that upon any such breach or threatened breach Localintel shall be entitled to injunctive relief without prejudice to any other right in law or equity and without the necessity of prior demand or proof of damage, and without the necessity of providing an undertaking as to damages or posting a bond or surety.
This Agreement shall in all cases be deemed an agreement made in the province of Alberta, Canada and any and all questions concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder shall be governed by the laws of the Province of Alberta. Subject to the rights of Localintel to seek equitable relief in any court of competent jurisdiction for a breach of its rights as provided in this Agreement, you irrevocably submit and attorn to the jurisdiction of the Court of Queen's Bench of the Province of Alberta. Any litigation arising out of this Agreement shall be commenced and all proceedings, including examinations for discovery, and the trial shall be held in Calgary, Alberta.
Waiver, Severability and Assignment
Localintel’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Localintel may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Localintel may update or amend this Agreement from time to time. Your use and/or access of the Services and/or Data after such notice will constitute your Agreement to the amended Acceptable Use Policy.
These Terms constitute the entire agreement between you and Localintel with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
- Unless expressly stated otherwise, nothing in this Agreement shall be construed so as to amend, limit, expand, modify or terminate any other agreement by you or any other party with Localintel, and any and all such agreements shall continue in full force and effect.
- If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this agreement, and all such other provisions shall remain in full force and effect, and it is the intention of the parties hereto that if any provision of this agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning that renders it valid.
- No waiver of any right or of any breach of any provision of this Agreement by either party shall constitute a waiver of any other right or breach of any other provision, nor shall it be deemed to be a general waiver of such provision by such party or to sanction any subsequent breach thereof by the other party.
- The rights of Localintel under this Agreement shall be cumulative, and the election by Localintel to pursue any remedy, whether legal or equitable, shall not be deemed to be a waiver of the rights of Localintel to other remedies.
- This Agreement are meant by the parties to not only apply to initial access to or use of the Services and/or the Data, but also on an ongoing and continuous basis to any and all access to or use of the Services and/or the Data.
- This Agreement and everything herein contained shall endure to the benefit of and be binding upon the parties together with their personal representatives, heirs, successors and permitted assigns but, being personal to you, this Agreement shall not be assigned by you, by operation of law or otherwise, without the prior written consent of Localintel, in its sole discretion, which consent may be unreasonably withheld. Localintel may freely assign this Agreement.
If you have any questions or concerns, please Contact Us at any time at info@Localintel.co.