Terms of Use for Canada Talk Now Website

The Canada Talk Now website (hereinafter called the “Site”) is owned by Interactive Tracking Systems, Inc. (hereinafter “Itracks”). Itracks is a Canadian based company that is a world-leading provider of data collection for market research.

IT IS IMPORTANT THAT YOU READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE APPLYING TO REGISTER AS A CANADA TALK NOW MEMBER OR OTHERWISE USING THE SITE.

Due to the nature of the Internet, it is not possible for Itracks to limit access of the Site only to Canadian residents. This Site is intended for use only by Canadian residents who are eligible for membership and participation in Canada Talk Now. If you are accessing this website from outside Canada and you are not eligible to join Canada Talk Now, you should not consider anything on the Site as an invitation to participate in or use the Site.

Terms and Conditions of Use of the Site

By accessing or using the Site, you agree to be legally bound by this agreement containing the Terms and Conditions of Use (hereinafter referred to as “Terms of Use”) for the Site. If you do not wish to be bound by these terms and conditions, you may not access or use the Site and you should immediately cease such use. Itracks may modify the Terms of Use at any time, and such modifications shall be effective immediately upon posting of the modified Terms of Use on the Site. You agree to review the Terms of Use periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms of Use.

If you have any questions that our Frequently Asked Questions (FAQ) do not answer, please contact us at info@canadatalknow.ca.

1. Acceptance of the Terms of Use

Itracks is willing to make access to the Site, membership in Canada Talk Now and the opportunity to participate in surveys, available to qualifying individuals only if you accept and abide by the Terms of Use. By accessing the Site or by applying for membership in Canada Talk Now you are indicating your acceptance to be bound by the Terms of Use.

If you do not agree with any of these terms and conditions, you must not access or use the Site.

2. Use of the Site

You may access and use the Canada Talk Now website solely pursuant to the Terms of Use for your personal use. Any use other than as stated herein is strictly prohibited.

You may use the Site solely for the purpose of learning about and/or participating as a member in Canada Talk Now surveys. You must be eligible for membership in Canada Talk Now. To be eligible you must not hold a current membership under any other name or email address.

Once you are registered, you may discontinue your membership at any time by sending an email to register@canadatalknow.ca requesting that your name and personal data be deleted from our files.

3. Copyright and Intellectual Property

All rights to the Site are reserved by Itracks. The names, logos, icons, and graphics used on the Site in connection with or identifying the products or services of Canada Talk Now and any other content consisting of patentable or copyrightable work on the Site are proprietary marks of Itracks. All other trademarks and / or copyrights appearing on the Site are the property of their respective owners.

The content of the Site is intended for the personal, non-commercial use of its members. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, display, publish, edit or create derivative works from such content, including Itracks’ intellectual property.

Site content may not be reproduced, downloaded, disseminated, published, modified, displayed, or transferred in any form or by any means, except with the prior written permission of Itracks.

4. Unauthorized Use

In connection with your use of the Site, you agree you will not:

You agree to notify Itracks immediately of any unauthorized use of your member registration information, your e-mail account, or of any other breach of security. You agree to ensure that you exit from the Site after accessing it as a member. Itracks cannot and will not be liable for any loss or damage arising from your failure to protect your user name, password, e-mail account or other member registration information.

5. Membership Eligibility and Registration

Membership in Canada Talk Now is open to all individuals who are Canadian residents 18 years of age or older who must utilize their real name and actual contact information. Canada Talk Now may refuse membership to anyone at anytime, at its sole discretion.

In order to become a registered member of Canada Talk Now, eligible individuals must complete the registration process, wherein certain personal information must be provided.

Canada Talk Now membership is specific to each individual who must have a unique email address and who registers and completes accurately the contact and other profile information requirements. Membership is non-transferable.

6. Requirements of Members

Membership in Canada Talk Now is voluntary. The following requirements apply to persons applying for membership and afterwards to members of Canada Talk Now:

Honest and Accurate Disclosures. You agree to provide true and accurate information during the membership registration process, when filling out personal information profiles, and when answering survey questionnaires. Members can choose to participate, or not participate, in the various surveys to which they are invited to respond.

When choosing to participate in a survey, you agree to participate in good faith, to the best of your ability and to not provide false or misleading information. If you provide any information that is untrue, misleading, inaccurate, non-current or incomplete, we reserve the right to terminate your membership.

Your guarantee. By applying for membership in Canada Talk Now, you represent and warrant that you are an individual, are over 18 years of age, and are a resident of Canada.

Notification of Changes in Personal Information. You agree to promptly notify Canada Talk Now of any changes to your name, mailing address, email address, telephone number, and personal profile information by contacting register@canadatalknow.ca.

Non-Use and Confidentiality. Information made available to you in surveys may contain trade secrets, confidential or proprietary information of Canada Talk Now’s suppliers or licensors. You agree to hold such information strictly confidential and not disclose, copy or distribute it in any manner. Members also agree not to forward any survey invitations they receive to another party.

Compliance with Laws. You agree to comply with all applicable laws, regulations, rules and orders and to not cause Itracks to violate any laws, regulations, rules or orders. Failure to comply or conduct actions that are detrimental to Itracks or its Canada Talk Now Site may result in termination of Canada Talk Now membership and / or legal action.

Appropriate Communications. You agree any communications you may undertake with Canada Talk Now or its affiliates and their personnel will be undertaken in a respectful and appropriate manner. You will not undertake or engage in any communications having obscene, vulgar, threatening, hateful or defamatory content.

7. No Membership Fee

There is no fee to become a member in Canada Talk Now.

8. Termination of Membership

Membership is voluntary and may be terminated at any time by sending an email to register@canadatalknow.ca requesting your name and personal data be deleted from our files.

Itracks may terminate, without notice, your membership in Canada Talk Now if you fail to abide by the Terms of Use set forth in this agreement.

9. Consent to Electronic Communications

By registering for membership in Canada Talk Now, you consent to receiving electronic or at times written communications from Itracks and its agents. These communications may include invitations to participate in surveys, notices regarding maintenance of your personal information, information concerning or related to participation in surveys or such other matters you may agree to.

10. Privacy

Itracks takes the privacy of your personal information very seriously. For information regarding the collection, use and disclosure of member information, please view our Privacy Policy.

11. Third Party Disclaimer

The Site or surveys offered by Canada Talk Now may contain links to third party websites or contain information about products or services of third parties. Itracks does not control, and is not responsible for, the content or privacy policies on, or the security of, such Sites. Itracks does not independently verify the business practices of these third parties and makes no warranties on their behalf. The availability of any link or reference of any third party shall in no way constitute an endorsement by Itracks of such third party. The information contained on the Site and surveys is for informational purposes only. Visiting any third party website and using any information therein is at your own risk.

12. Disclaimer of Warranties

All Content is subject to change and is provided to you “as is” without any warranty of any kind, either expressed or implied, including , but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Itracks neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date.

Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards and the like that may be on the Site, Itracks assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.

13. Limitation of Liability

Your use of the Site is at your own risk. Itracks shall in no event be liable for the loss of profits, goodwill or other special or consequential damages suffered by the members of the Site, clients, or others as a result of Itracks’ performance or non-performance under this agreement whether or not the possibility of such damages was disclosed to Itracks or could have been reasonably foreseen by Itracks.

Itracks, nor any of its subsidiaries, affiliates, officers or directors, nor any of its agents or any other party involved in creating, producing, or delivering the Site or its content are neither responsible nor liable for any damages, whether direct, indirect, incidental, special or consequential, or losses that result from participation in the surveys offered to Canada Talk Now members, or reliance on or use of the information, services, or merchandise provided on or through the Site except where such liability is mandated by law.

You further acknowledge that Itracks neither endorses the contents of advertisements or partner websites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.

14. Changes

All information posted on the Site is subject to change without notice. In addition, the Terms of Use may be changed at any time without prior notice. Such changes shall be effective immediately upon posting of the modified agreement on the Site. You agree to review the Terms of Use periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms of Use agreement.

15. Indemnification

You agree to indemnify, defend and hold non-culpable Itracks, its employees, affiliates, directors, officers, agents, suppliers and any third party information providers from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees and expenses, arising from, or related to, any breach by you of any of the Terms of Use or applicable law.

16. Severability

If any provision of this agreement is invalid or unenforceable, it shall be so to the
minimum extent required and all other provisions shall remain valid and enforceable.

17. Governing Law and Legal Jurisdiction

This Terms of Use agreement shall be governed and construed in accordance with the laws in force in the Province of Saskatchewan, Canada, without reference to its conflict of laws principles. The Province of Saskatchewan shall be the applicable forum for the resolution of any disputes, claims or actions. You agree to submit to the jurisdiction of the courts of the Province of Saskatchewan and to waive any objections based upon venue.

The Site is controlled, operated and administered by Itracks from Saskatchewan, Canada. Itracks makes no representation or warranty that the Site or any of the content is appropriate or available for use at any locations outside Canada. If you access the Site from outside Canada, you are responsible for compliance with all applicable laws.

June 2008. Itracks. All rights reserved. See also the Canada Talk Now Privacy Policy