Terms of Service
Terms & Conditions
Hivelr, a publication platform brand name that is licensed to and operated by GrandCliff Management Inc., a Canadian Corporation, and its affiliates and subsidiaries (“Hivelr”,”Hivelr Business Journal”, “GrandCliff Management Inc.”, “we”, or “us”) operate the Hivelr. Business Journal website at www.hivelr.com (the “Site”) and all related websites, software, mobile apps, and other services that we provide (together, the “Service”). Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and Hivelr Business Journal to be bound by the terms and conditions in these Terms of Service.
PLEASE READ THIS DISCLAIMER CAREFULLY. BY USING THIS WEBSITE AND THESE PRODUCTS AND SERVICES (AS DEFINED BELOW) YOU ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS DISCLAIMER (“AGREEMENT”) BETWEEN YOU AND US (AS DEFINED BELOW). IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE OR THE SERVICES OR PRODUCTS REFERRED TO HEREIN.
You hereby acknowledge and agree as follows:
Neither Hivelr Business Journal, nor GrandCliff Management Inc., its website www.hivelr.com, , nor any of its founder, officers, employees, representatives, agents, independent contractors, 3rd party provider, or subcontractors (“Hivelr”,”Hivelr Business Journal”, “GrandCliff Management Inc.”, “we”, or “us”) are, in such capacities, licensed financial advisors, registered investment advisors, or registered broker dealers unless otherwise expressly provided. We do not provide investment or financial advice or make investment recommendations, nor is it in the business of transacting trades, nor does it direct client commodity accounts or give commodity trading advice tailored to any particular client’s situation. Nothing contained in this communication constitutes a solicitation, recommendation, promotion, endorsement, or offer by us of any particular security, transaction, or investment.
The risk of loss in trading securities, options, futures, forex, and commodities can be substantial and are not suitable for all investors. The users must consider all relevant risk factors, including their own personal financial situation, before trading.
We are not responsible for any financial investments you make.
You are responsible for every aspect of any and all financial investments you make and are solely responsible for any losses, financial, or otherwise as a result of your financial investments.
You assume the risk of any and all financial investments you make.
Results may vary, and past results do not and cannot predict future performance.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HIVELR BUSINESS JOURNAL (GRANDCLIFF MANAGEMENT INC.), AND ITS AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS AND ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES ACCRUING FROM ANY ACTION TAKE BY YOU CONTRARY TO THIS DISCLAIMER AND ARE SOLELY RESPONSIBLE FOR YOUR INVESTMENT PRACTICES.
We are not a professional financial advisor. The content of this website is for educational and research purposes only.
Traders, investors, and users should consult their own financial advisors regarding any securities transaction, and be responsible for their own investment decisions.
The materials and information provided by us , are not, and should not be construed as an offer to buy or sell any of the securities named in these materials. Trading of securities may not be suitable for all users of this information. Both day trading stocks and investing have serious financial risks involved in which you can lose all of your money.
Under all circumstances, you the user, and NOT us, assume the entire cost and all risks involved with trading any stock based on strategies illustrated on this website, via e-mail, or over the phone.
Never put your money on the line without a thorough understanding of what you are doing, and why you are doing it, based on your own personal knowledge and experience. Do your own research and testing before attempting any new technique. To properly utilize this tool, you must do enough thorough testing on your own to be satisfied with the results, and how those results will affect your personal trading and risk management, before making any trading decisions.
All opinions, articles, and publications expressed by the authors on www.hivelr.com are solely the author’s opinions and do not reflect the opinions of Hivelr Business Journal, GrandCliff Management Inc. its founder, members, officers, directors, owners, employees, agents, representatives, suppliers, parent company or affiliates, and service providers (collectively “Hivelr Business Journal Service”) , and may have been previously disseminated by the author on television, radio, internet or another medium. The author can be individual or organization. You should not treat any opinion expressed by the author as a specific inducement to make a particular investment or follow a particular strategy, but only as an expression of his/her/its opinion. The author’s opinions are based upon information the author considers reliable, but neither Hivelr Business Journal (GrandCliff Management Inc.) nor its affiliates and/or subsidiaries warrant its completeness or accuracy, and it should not be relied upon as such. The author, Hivelr Business Journal (GrandCliff Management Inc.), its affiliates and/or subsidiaries are not under any obligation to update or correct any information provided on this website. The author’s statements and opinions are subject to change without notice. No part of author’s compensation from Hivelr Business Journal (GrandCliff Management Inc.) is related to the specific opinions he/she/it expresses.
Past performance is not indicative of future results. Neither the author nor Hivelr Business Journal (GrandCliff Management Inc.) guarantees any specific outcome or profit. You should be aware of the real risk of loss in following any strategy or investment discussed on this website. Strategies or investments discussed may fluctuate in price or value. Investors may get back less than invested. Investments or strategies mentioned on this website may not be suitable for you. This material does not take into account your particular investment objectives, financial situation or needs and is not intended as recommendations appropriate for you. You must make an independent decision regarding investments or strategies mentioned on this website. Before acting on information on this website, you should consider whether it is suitable for your particular circumstances and strongly consider seeking advice from your own financial or investment adviser.
THIS PART IS REALLY IMPORTANT: These Terms require that if we get into a dispute with you relating to the Service, the dispute will be resolved by BINDING ARBITRATION. This means that YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO SUE US AND JOIN A CLASS ACTION LAWSUIT UNDER THIS CONTRACT.
The Service is designed for use by people who are at least 16 years old. If you are not yet 16, then you can’t use the Service. If you are 16 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations. If you are using the Service on behalf of a company, organization, or other kind of entity, you represent to us that you have authority to bind the organization to these Terms on its behalf.
4. Accounts and Registration
When you use the Service, you have the opportunity to register an account. We suggest you do register an account, because creating an account on the Service gives you access to special features around discovery, publishing, and contributing to the community. If you do, we ask that you give us some information about yourself as part of the registration process, some of which is required in order to register the account. You promise that all the information you provide is accurate and that you will keep it accurate and up-to-date in the future. We have the right to suspend and terminate account that does not meet the accurate information requirement. We also ask you to provide a password to protect the security of your account. You are responsible for keeping your password safe and confidential. Any activity that happens under your account will be your responsibility. If ever you think that your account may no longer be secure, you need to notify us immediately at email@example.com. You can also reset your password via https://www.hivelr.com/registration/
5. Publishing Policy
Hivelr. Business Journal helps to enable a free and open web by helping publishers and authors publish their content and advertisers reach prospective customers with useful, relevant products and services. Maintaining trust in the publishing ecosystem requires setting limits on what we will publish.
When you publish your content on Hivelr. Business Journal you are required to adhere to the following policies. By content we mean anything present on publication page. Failure to comply with these policies may result in suspension or terminating your account and publication.
These restrictions apply in addition to any other policies governing your use of Hivelr. Business Journal Publication.
We do not allow content that:
- is illegal, promotes illegal activity, or infringes on the legal rights of others.
Intellectual property abuse
We do not allow content that:
- infringes copyright. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA).
- sells or promotes the sale of counterfeit products. Counterfeit goods contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another. They mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner.
Dangerous or derogatory content
We do not allow content that:
- incites hatred against, promotes discrimination of, or disparages an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or other characteristic that is associated with systemic discrimination or marginalization.
Examples: Promoting hate groups or hate group paraphernalia, encouraging others to believe that a person or group is inhuman, inferior, or worthy of being hated
- harasses, intimidates, or bullies an individual or group of individuals.
Examples: Singling out someone for abuse or harassment, suggesting a tragic event did not happen or that victims or their families are actors or complicit in a cover-up of the event
- threatens or advocates for physical or mental harm to oneself or others.
Examples: Content advocating suicide, anorexia, or other self-harm; promoting or advocating for harmful health or medical claims or practices; threatening someone with real-life harm or calling for the attack of another person; promoting, glorifying, or condoning violence against others; content made by or in support of terrorist groups or transnational drug trafficking organizations, or content that promotes terrorist acts, including recruitment, or that celebrates attacks by transnational drug trafficking or terrorist organizations
- exploits others through extortion.
Examples: Predatory removals, revenge porn, blackmail
Enabling dishonest behavior
We do not allow content that:
- helps users to mislead others.
Examples: Creating fake or false documents such as passports, diplomas, or accreditation; sale or distribution of term papers, paper-writing or exam-taking services; information or products for passing drug tests
- promotes any form of hacking or cracking and/or provides users with instructions or equipment that tampers with or provides unauthorized access to software, servers, or websites.
Examples: Pages or products that enable illegal access of cell phones and other communications or content delivery systems or devices; products or services that bypass copyright protection, including circumvention of digital rights management technologies; products that illegally descramble cable or satellite signals in order to get free services; pages that assist or enable users to download streaming videos if prohibited by the content provider
We do not allow content that:
- misrepresents, misstates, or conceals information about you, your content or the primary purpose of your web destination.
- entices users to engage with content under false or unclear pretenses.
- engages in “phishing” for users’ information.
- promotes content, products, or services using false, dishonest, or deceptive claims.
Example: “Get Rich Quick” schemes
- makes claims that are demonstrably false and could significantly undermine participation or trust in an electoral or democratic process.
Examples: information about public voting procedures, political candidate eligibility based on age or birthplace, election results, or census participation that contradicts official government records
- falsely implies having an affiliation with, or endorsement by, another individual, organization, product, or service.
Examples: Impersonating Hivelr. products, misusing company logos
- deceives users through manipulated media related to politics, social issues, or matters of public concern.
- is about politics, social issues, or matters of public concern directed at users in a country other than your own, if you misrepresent or conceal your country of origin or other material details about yourself.
Malicious or unwanted software
We do not allow content that:
- contains malicious software or “malware” that may harm or gain unauthorized access to a computer, device, or network.
Examples: Computer viruses, ransomware, worms, trojan horses, rootkits, keyloggers, dialers, spyware, rogue security software, and other malicious programs or apps
- violates Hivelr. Business Journal’s Unwanted Software policy.
Examples: Failure to be transparent about the functionality that the software provides or the full implications of installing the software; failing to include Terms of Service or an End User License Agreement; bundling software or applications without the user’s knowledge; making system changes without the user’s consent; making it difficult for users to disable or uninstall the software; failing to properly use publicly available Hivelr. APIs when interacting with Hivelr. services or products
Sexually explicit content
We do not allow content that:
- includes graphic sexual text, image, audio, video, or games.
- contains non-consensual sexual themes, whether simulated or real.
- may be interpreted as promoting a sexual act in exchange for compensation.
- promotes the sexual exploitation of minors.
- is made to appear appropriate for a family audience, but contains adult themes including sex, violence, or other depictions of children or popular children’s characters that are unsuitable for a general audience.
Subject to this Section and Section 6 of these Terms of Service, you will receive a payment related to the number of valid Views and Comments displayed on your Publications, only if and when Hivelr. Business Journal determines that your Properties have remained in compliance with the Terms of Service and Conditions for the entirety of the period for which payment is made and through to the date that the payment is issued.
If your Account is in good standing through to the time when Hivelr. Business Journal issues you a payment, we will pay you by the end of the calendar month following any calendar month in which the balance reflected in your Account equals or exceeds the applicable payment threshold which typically CAD$ 500 revenue per account. The estimated payment is CAD$1000 per 1,000,000 valid views. Hivelr. Business Journal uses 3rd party system to count and populate the earnings that appear on the publication page and my account page. There might be discrepancy on these number, but the number on the my account page will always be used as it filters the invalid views and comments. Hivelr. Business Journal reserves the right to change the payment value, policy, and method at any time.
If Hivelr. Business Journal is investigating your compliance with the Terms of Service and Conditions or you have been suspended or terminated, your payment may be delayed or withheld. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. We currently using PayPal service to transfer the payment which will be deducted from the your payment. All currency will in Canadian Dollar. The amount you will receive may fluctuate based on the currency exchange when the payment is made. We do not control or hedge the risk against losses in the currency exchange.
Payments will be calculated solely based on Hivelr. Business Journal ‘s accounting system. You acknowledge and agree that you are only entitled to payment for your use of the Services for which Hivelr Business Journal has been paid by the Advertiser; if, for any reason, Hivelr. Business Journal does not receive payment from an advertiser or credits such payment back to an advertiser, you are not entitled to be paid for any associated use of the Services. Additionally, if an advertiser whose Ads are displayed on any Property defaults on payment to Hivelr Business Journal, we may withhold payment or charge back your Account.
Hivelr Business Journal has the right to withhold or adjust payments to you to exclude any amounts Hivelr Business Journal determines arise from invalid activity. Invalid activity includes, but is not limited to:
(i) spam, invalid views, invalid comments, invalid queries, invalid conversions, or other invalid events on Views and Comments generated by any person, bot, automated program or similar device, including through any views, comments, clicks, impressions, queries, conversions, or other events originating from your IP addresses or computers under your control;
(ii) views, comments, clicks, impressions, queries, conversions, or other events solicited or generated by payment of money, false representation, or requests for end users to views and comments on your publication or take other actions;
(iv) any views, comments, click, impression, query, conversion, or other event occurring on a Property that does not comply with the Policies;
(v) any views, comments, click, impression, query, conversion, or other event occurring on a Property associated with another Account you use; and
(vi) all views, comments, clicks, impressions, queries, conversions, or other events in any Account with significant amounts of invalid activity, as described in (i-v) above or with the types of invalid activity indicating intentional misconduct. In the event Hivelr Business Journal detects invalid activity, either before or after issuing a payment for that activity, Hivelr Business Journal reserves the right to debit your Account, and adjust future payments accordingly, for all invalid views, comments, clicks, impressions, queries, conversions, or other events including for all clicks, impressions, queries, conversions, or other events on Properties that do not comply with the Policies.
Additionally, Hivelr Business Journal may refund or credit advertisers for some or all of the advertiser payments associated with a publisher’s Account. You acknowledge and agree that, whenever Hivelr Business Journal issues such refunds or credits, you will not be entitled to receive any payment for any associated use of the Services
7. Termination, Suspension, and Entitlement to Further Payment
Hivelr Business Journal may at any time, without providing a warning or prior notice, temporarily suspend further payments on your Account, suspend or terminate the participation of any Property in the Services, or suspend or terminate your Account because of, among other reasons, invalid activity or your failure to otherwise fully comply with the Policies. Hivelr Business Journal can terminate your participation in the Services, and close your Account, if your Account remains inactive for a period of 6 or more consecutive months. If Hivelr Business Journal closes your Account due to inactivity, and the balance reflected in your Account equals or exceeds the applicable threshold, we will pay you that balance, subject to our payment provisions in Section 5. If Hivelr Business Journal closes your Account due to inactivity, you will not be prevented from submitting a new application to use the Services.
If Hivelr Business Journal terminates your Account due to your breach of the Terms, including, but not limited to, your causing or failing to prevent invalid activity on any Property, or your failure to otherwise fully comply with the Policies, you will not be entitled to any further payment from Hivelr. Business Journal for any prior use of the Services. If you breach the Terms or Hivelr Business Journal suspends or terminates your Account, you (i) are prohibited from creating a new Account, and (ii) may not be permitted to monetize content on other Hivelr. Business Journal products.
If you dispute any payment made or withheld relating to your use of the Services, or, if Hivelr Business Journal terminates your Account and you dispute your termination, you must notify Hivelr Business Journal within 30 days of any such payment, non-payment, or termination by submitting an appeal. If you do not, any claim related to the disputed payment or your termination is waived.
As between you and Hivelr Business Journal, Hivelr Business Journal is responsible for all taxes (if any) associated with the transactions between Hivelr Business Journal and advertisers in connection with Ads displayed on the Properties. You are responsible for all taxes (if any) associated with the Services, other than taxes based on Hivelr Business Journal’s net income. All payments to you from Hivelr Business Journal in relation to the Services will be treated as inclusive of tax (if applicable) and will not be adjusted.
9. Digital Millennium Copyright Act
We comply with the parts of the Digital Millennium Copyright Act that are applicable to internet service providers (17 U.S.C. §512, as amended). If you think that materials uploaded to or posted on the Service infringe any of your copyrights, you may contact our Designated Personal at:
Any notice that alleges materials hosted by or distributed through the Service infringe intellectual property rights must include:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right that is alleged to be infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service; your address, telephone number, and email address;
- a statement from you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
We will terminate (without notice) the accounts of users that we find are “repeat infringers,” which is a user who has been notified of infringing activity more than twice or has had infringing User Content removed from the Service more than twice.
10. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
- Use the Service for any illegal purpose or in violation of any laws or regulations;
- Violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights;
- Upload, post, or publish any User Content that is unlawful, defamatory, libellous, objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
- Interfere with the security features of the Service (e.g., don’t disable or circumvent features that limit your use or copying of any User Content or reverse engineer the Service to discover the Source Code of the Service);
- Interfere with our operation of the Service or another user’s use of the Service (this means don’t upload or spread any viruses, adware, or spyware, don’t make unsolicited offers or promotions, don’t collect other people’s personal information, and don’t interfere with the networks or equipment that we use to provide the Service);
- Perform fraudulent activities, such as impersonating another person or lying about your date of birth;
- Sell copies of Photos without first significantly or meaningfully updating, modifying, or otherwise incorporating new creative elements into the Photos beyond simple retouches, resizing, or other minimal changes so long as they are not done by automated means (i.e., selling unaltered, slightly altered, or altered by automatic script copies of the Photos), including selling them as prints or printed on physical goods;
- Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism;
- Access the Service using any bots, spiders, scripts, crawlers, scrapers, or other automated tools or applications (other than your web browser or any mobile app that we may publish);
- Copy the look and feel of the Site or access, download, copy, modify, distribute, perform, or use any Publications to create a similar or competitive service or to contribute the Publications to an existing similar or competitive service;
- Transfer your rights to use the Service or to view, access, or use any Materials; or
- Attempt to do, or assist anyone else to do, any of these things.
11. Other Companies’ Services and Linked Websites
You may find tools on the Service that let you send information, including User Content, to other companies’ services, such as through features that allow you to link your account on the Service with an account on another service (e.g., Twitter or Facebook or LinkedIn or YouTube or the implementation of other companies’ like or share buttons). If you use these tools, you permit us to send this information to the other companies’ services and you acknowledge that we are not responsible for the other companies’ use of this information because, well, we don’t control them at all. You may also find links to other websites not operated by us on the Service. These websites are also not under our control, so please use your discretion when you leave the Service.
12. Termination of Your Account
If you breach any of these Terms, your permission to use the Service will terminate automatically.
Additionally, we may terminate your account on the Service or suspend or terminate your access to the Service at any time (with or without notice) without liability to you. You can terminate your account on the Service by going to my account and delete account.
We may update, modify, or even discontinue the Service at any time without notice to you.
- Additionally, we may notify you of additional requirements that you need to follow when using the Service, including the License Agreement below (the “Additional Policies”). These requirements could be things like acceptable use policies or community guidelines. Any Additional Policies that we post on or link to the Service are incorporated into these Terms as part of our agreement.
14. License Agreement
All publications published on Hivelr Business Journal can be used for free. You can use them for commercial and noncommercial purposes. You do not need to ask permission from the author, publisher, or Hivelr Business Journal, although it is appreciated when possible. By publishing their work in Hivelr Business Journal, the author agrees with the Hivelr Business Journal license agreement below.
More precisely, Hivelr Business Journal grants you an irrevocable, nonexclusive, worldwide copyright license to download, reference, distribute, use as citation, and use publications from Hivelr Business Journal for free, including for commercial purposes, without permission from or attributing the author or Hivelr Business Journal. This license does not include the right to compile publications from Hivelr. Business Journal to replicate a similar or competing service.
Giving credit to our Hivelr Business Journal authors is highly recommended as it provides exposure to their work and encourages them to continue sharing. A credit can be as simple as adding their name with a link to their publication for example:
Cain, K. (2012, June 29). The Negative effects of Facebook on communication. Retrieved from http://socialmediatoday.com
15. Modifying these Terms
We may, at times, make changes to these Terms on 7 days’ notice. If and when we do, we will make reasonable efforts to notify you of the changes. We may provide these notices through a pop-up banner, by sending an email to an email address associated with your account on the Service, or in some other way, and we will let you know when the new version of these Terms will go into effect. If you don’t accept the new Terms that we are proposing, we may cancel your account immediately and terminate your access to the Service. If we have any disputes regarding the Service, they will be resolved in accordance with the version of these Terms that was in effect when the dispute arose.
16. Ownership of the Service
GrandCliff Management Inc. is licensed to use Hivelr Business Journal brand and operates the Service. GrandCliff Management Inc. is fully responsible to day-to-day operations, liability issues, and be the owner the software, visual interfaces, graphics, designs, information, compilation of publications, and all other elements of the Service (the “Materials”) that we provide are protected by intellectual property and other laws. We or our licensors own all of the Materials contained in the Service and you cannot use the Materials except as you are specifically permitted under these Terms.
You are responsible for your use of the Service. You agree to defend and indemnify us, including our founder, directors, officers, employees, consultants, affiliates, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms or any law or regulation; (iii) your violation of anyone’s rights, including intellectual property rights; or (iv) any disputes between you and a third party. If you do have to defend us, we will have the right to assume exclusive control of the matter (without limiting your indemnification responsibilities) and, if that happens, you will cooperate with our defense of the claim.
18. Disclaimer; No Warranties
WE PROVIDE THE SERVICE, AND ALL CONTENT THAT’S AVAILABLE THROUGH THE SERVICE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.
EXCEPT AS PROVIDED IN SECTION 16 BELOW, YOU USE THE SERVICE AT YOUR OWN RISK AND ASSUME ALL RISK FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR INTERACTIONS WITH OTHER SERVICE USERS, AND ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE CONTENT.
THE LAW IN SOME PLACES PROHIBITS A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY DEPENDING ON WHERE YOU RESIDE. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. IN THE UNITED KINGDOM AND THE EUROPEAN UNION, THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR FOR OUR OBLIGATION TO PERFORM THE SERVICE WITH REASONABLE CARE AND SKILL OR FAILURE TO PERFORM THE SERVICE IN ACCORDANCE WITH INFORMATION PROVIDED ABOUT US OR THE SERVICE.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF THE DAMAGES.
THE LAW IN SOME PLACES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
21. Governing Law and Venue
All claims arising out of or relating to the Hivelr Business Journal Terms or the Services will be governed by Canadian law and will be litigated exclusively in the federal or Judicial District of Calgary, Alberta, Canada and we may pursue legal proceedings in any jurisdiction of our choosing.
22. Force Majeure
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.
23. Consent to Electronic Communications
24. Contact Information
The Service is offered by Hivelr Business Journal (GrandCliff Management Inc.) based in Canada. You can reach us by emailing us at firstname.lastname@example.org.