Terms and Conditions of Use
Choice Is Good.ca or one or more of its subsidiaries or affiliates (collectively, “CIG”) offers online sites on the World Wide Web (the “Sites”) that can provide you access to a variety of services such as personal accounts, product information, advice and insight, insurance products, self-help tools, rate monitors and applications(s) for smartphones (“App” or “Apps”) (collectively, the “Services”).
These Terms and Conditions of Use as amended from time to time (“Terms and Conditions”) govern your access to and use of CIG Sites and Services. By accessing or using our Sites or Services, or by your “click-through” agreement to our Terms and Conditions on a CIG Site, you agree to be bound by these Terms and Conditions as well as any other requirements that may specifically apply to a CIG Site.
These Terms and Conditions are in addition to any other agreement you may have with CIG for other products or services. THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
These Terms and Conditions may be revised at any time and at our sole discretion. If they are revised, your continued use of the Sites or Services constitutes your agreement to those revisions. You are encouraged to check the Terms and Conditions frequently and to read them carefully to inform yourself of any changes, which shall be effective upon posting. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE SITES OR SERVICES.
User Obligations
As a condition of your use of the Sites, you warrant that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Sites in any manner that could damage, overburden, or disable any CIG software or equipment. Framing any Site content is prohibited. You may not use any means of systematic retrieval of data or other content from the Sites.
Obtaining or attempting to obtain any materials or information through means not intentionally made available or provided for through CIS Sites is prohibited. We may suspend or stop providing our Services to you if you do not comply with the Terms and Conditions or other applicable requirements or if we are investigating suspected misconduct.
Third Party Links
CIG Sites may contain links that it has authorized to or from other websites. These links are offered for convenience and informational purposes only. We do not review or maintain any of these third party websites. We assume no responsibility for the content of any linked site, or any link contained within a linked site, that is not under our control. Nor does a link to those sites constitute an endorsement or adoption of any information or views expressed in them or of any products or services offered through them. CIG makes no warranties or representations regarding such other websites and accepts no responsibility for their content, accuracy, quality, nature, reliability or other aspects. CIG does not control the privacy or security practices of third parties. You should review the policies and practices of other parties whose websites you access, including their privacy, security, and data handling policies, all of which may differ from ours.
Trademarks, Copyright and other Intellectual Property; Content on CIS Sites Intellectual property is protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and laws of the Canada and other countries. You agree to abide by all applicable proprietary rights and laws as well as any additional trademark or copyright notices or restrictions contained in these Terms and Conditions. The Terms and Conditions and your use of our Sites and Services give you no right, title, or interest in CIG’s intellectual property, and they create no relationship between you and CIG.
Trademarks, service marks, trade names, tag lines or slogans, logos, trade dress, and other identifiers (“Marks”) on CIG sites are the intellectual property of Limelight Holdings Ltd. (“Limelight”) unless otherwise indicated. Except as expressly provided in these Terms and
Conditions, all rights to Limelight’s intellectual property are reserved, and you are prohibited from using any Marks for any purpose including but not limited to commercial or public use, use on other materials, as domain names, or as metatags, without Limelights’s written permission.
If you are permitted and choose to submit your own content to a CIG Site, including but not limited to comments, questions, suggestions, ideas, plans, creative materials such as your own image, story and Personal Account Profiles as described below (collectively, “User Content”), you thereby agree to grant CIG a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, royalty free right and license to use, host, copy, store, modify, adapt, publish, create derivative works of, improve, distribute, remove, retain, add, and analyze the User Content (in whole or in part) for any purpose, commercial or otherwise, through any media, without acknowledgement or compensation to you. You retain ownership of any intellectual property rights you hold in the User Content you submit. You agree that such submissions are not confidential (subject to CIG’s Privacy Policy), and CIG may publish your name and hometown in connection with your User Content.
The rights you grant in this license continue even if you stop using our Sites or Services and we have no further obligation to you. By submitting your User Content, you represent and warrant that you own or otherwise control all rights to your User Content including, but not limited to, all the applicable copyrights, rights to privacy, right of publicity, and personal property rights necessary for you to provide, post, upload, input or submit your User Content to us under these Terms and Conditions. You understand and acknowledge that the User Content you submit will, at a minimum, be viewable by our employees, contractors, and other service providers.
If you are permitted and choose to submit or otherwise transfer your User Content for public posting to a CIG Site, or through a CIG Site to other public display (such as posting to your Facebook, Twitter, Linkedin or Instagram account), you acknowledge and agree that the right and license you grant under these Terms and Conditions does not require CIG or others to remove or take other action with regard to your User Content. If you terminate or deactivate an online account, or if any of your User Content is removed from a CIG Site, you agree that CIG and any assignees or sub-licensees are still permitted to retain and use any of the User Content that has been shared with others prior to its termination, deactivation or removal.
CIG reserves the right to take down or refuse to display any User Content submitted that does not comply with these Terms and Conditions (as amended from time to time), that is alleged to infringe on any third party intellectual property rights, or that CIG in its sole discretion deems obscene, offensive, defamatory, libellous, or otherwise inappropriate for viewing by a general audience.
While we may review submissions, do not assume that we do so, and do not assume that we determine the legality of your submissions.
If you are permitted and choose to create on a CIG Site a profile or image or other personalized content that also contains CIG Marks selected by us, you agree that you will not:
1) include images of identifiable people from whom you have not obtained necessary permissions;
2) violate a third party’s intellectual property rights or other proprietary or privacy rights;
3) publish falsehoods or untruths misrepresented as fact;
4) include any advertising or solicitations; or
5) submit any material that is illegal, offensive, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered either a criminal act or would give rise to civil liability, violate any law, or is otherwise inappropriate. In addition, you represent and warrant that you have all rights required by these Terms and Conditions to use or distribute the User Content you include, without restrictions.
If you register for a CIG Account you may be permitted to create User Content, such as a personalized home page of your CIG Account (“Personal Account Profile”), by using an approved, pre- formatted template containing certain CIG Marks. If so permitted, and limited to that permission, your use of such template is granted with a non-exclusive, nontransferable, limited and revocable right to access, use, and display such Marks as formatted, for your personal, non-commercial use. You may also be permitted to submit such User Content for public display on a CIG. If the normal functionality of a CIG Site allows you to share a copy of your User Content on your personal Facebook page, your Twitter account or through other means beyond a CIG Site, you agree that (a) you will not make any modifications to the Content other than on a CIG Site, (b) you will not use such User Content to portray CIG or any other affiliated companies, or any of the foregoing entities’ products or services, in a false, misleading, derogatory or otherwise defamatory manner, and (c) you will comply with all provisions of CIG’s Terms and Conditions. You further agree that, if we request you to do so for any reason, you will remove all such content containing CIG Marks, including those you have shared. Any business use, “re-mailing” or high-volume or automated use of CIG’s intellectual property is prohibited. CIG is not obligated to post, display, or otherwise make publicly available any photo or other User Content you submit. By posting your User Content to a CIG Site, you agree that other users may have access to download, copy or otherwise use your User Content. You further agree to hold CIG harmless and to indemnify CIG against any claims that arise out of a third party’s use of your User Content. These rights apply to any User Content you submit for posting to a CIG Site, and these rights continue after you stop using our Services. If you do not agree to the terms and conditions for submitting User Content to a CIG Site, you must not submit such content.
Unless CIG has agreed otherwise in writing, nothing in these Terms and Conditions gives you the right to use any of CIG’s Marks or other intellectual property or distinctive brand features for any reason.
We may change the CIG Sites or delete Content (including User Content) or features at any time, in any way, for any or no reason.
Claims of Copyright Infringement
It is CIG’s policy to respond to notices of alleged intellectual property infringement in a manner that complies with the Canadian Copyright Modernization Act (CCMA). We will process and investigate notices of alleged infringement and take appropriate action under the CCMA, and in circumstances we determine appropriate we will terminate account access for anyone who is a repeat infringer. If you believe that any material contained in our Sites may infringe on your copyright, written notice must be provided containing the following information:
a. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification must be submitted to CIG’s designated agent to receive notifications of claimed copyright infringement as follows:
7000 Pine Valley Drive
Suite 101
Vaughan ON L4L 4T8
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Sites, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter notification must be a written communication that includes the following information:
a. Your physical or electronic signature;
b. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was
disabled;
c. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
d. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of Canada, for any legal district in which CIG may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Upon receipt of a counter notification we will send a copy of the counter notification to the person alleging copyright infringement. We will cease disabling access to the User Content which is subject to the copyright claim in 10 days unless we receive notice from the person alleging infringement that they have filed an action seeking a court order to restrain use of the content.
Mobile Applications
THE FUNCTIONALITY, INFORMATION AND DISCLOSURES AVAILABLE THROUGH SOCIAL OR MOBILE APPLICATION SERVICE ARE MORE LIMITED THAN THE FUNCTIONALITY, INFORMATION AND DISCLOSURES AVAILABLE THROUGH OUR WEBSITES.
Similar to your use of other CIG Services, if you access, download, copy or otherwise use a CIG social or mobile Apps, by doing so you agree to be bound by these Terms and Conditions as well as any other requirements that may specifically apply to an CIG social or mobile App. By using an CIG social or mobile App and agreeing to these Terms and Conditions, CIG grants you a limited, revocable, non-exclusive, non-transferable, non-assignable End User License Agreement (the “User Agreement”) for the App (which shall include future updates made available to you from time to time). However, such updates may be subject to additional terms and conditions for which you will be notified and expected to agree in order to continue using the App. This User Agreement is a legal agreement between you and CIG. If you do not agree to the User Agreement, do not access, download, copy or otherwise use the App.
In accepting these Terms and Conditions you agree:
1. To use the App Service solely for your own personal, private, non-commercial use on a mobile device belonging to you;
2. You will use the App solely for the purpose of accessing CIG services the App is intended to provide and for no other purpose whatsoever;
3. You are solely responsible for any data charges as a result of your use of the App Service;
4. The App Service is provided as a convenience to you. The information you access through the App Service may be more limited than the information available at CIG.ca website or other CIG Sites;
5. License Restrictions. Except as specifically provided in this User Agreement, you may not: (i) distribute or make the App available over a network where it could be used by multiple devices at the same time; (ii) copy the App; (iii) modify, adapt, translate, reverse engineer, make alterations to, decompile, disassemble or make derivative works based on the App, or any other computer software made accessible to you or otherwise used by you to access and use the App Service except as otherwise permitted by law; or (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the App to third parties.
6. By using the App, you agree that CIG may collect and use certain information about you, your mobile device, your use of the App and the App’s performance in accordance with our Privacy Policy. For our Privacy Policy, please see the link at the bottom of our CIG Site at
choiceisgood.ca
Privacy
CIG respects the privacy of our users. For our Privacy and Security practices please see the link at the bottom of our CIG Site at choiceisgood.ca
Notice of Applicability to Children
This Site is not intended for use by children, and any use or access by anyone 13 years old or younger is prohibited.
Submissions of Unsolicited Ideas
CIG values your feedback. However, we ask that you not submit, and you hereby agree not to submit to us any suggestions, materials, ideas or creative concepts for new, modified or different products or services via the Sites. This understanding and agreement will help to avoid confusion in the future regarding the origin of the concept, product or service.
If, for whatever reason, you do send us creative suggestions, ideas, concepts or other information (collectively, the “Information”), you understand that such Information shall be deemed by CIG to be, and shall remain, the non-confidential and non-proprietary property of CIG. CIG shall not be liable for any use or disclosure of such Information. Without limiting the foregoing, CIG shall exclusively own all rights to the Information of every kind and nature and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
Modifying and Terminating our Services
We may add or remove functionalities or features of the Sites or Services, and we may at any time suspend or stop a Service altogether, without any notice and without any liability to you. You can stop using our Services at any time, and CIG may also stop providing Services to you, or add or create new limits to our Services at any time. CIG reserves the right to terminate any CIG Accounts you have, or restrict access to them, or to delete any Content posted through your CIG Account(s), with or without notice, for any or for no reason, and without any liability to you.
CIG Products and Services
Information provided on our Sites is meant for informational purposes only so you may learn more about insurance products. It should not be considered to be an offer to sell or as a solicitation to purchase any of our products or services. We make revisions to our products and
services at any time without notice to you. Nothing contained in our Sites is meant to amend, modify, or supplement any insurance policy. Your insurance policy terms and conditions control what is available to you. Your eligibility for coverage is determined by applicable underwriting qualifications. Whether or not you have coverage for any claim is dependent on the particular facts and circumstances and the applicable policy language. We make no representations on our Sites as to whether claims coverage does or does not exist.
Any conflict between these Terms and Conditions and any other terms and conditions for a specific CIG Site shall be controlled by the latter terms and conditions.
Warranties and Disclaimers
We want you to enjoy the Services we provide, but, we also want to be clear that they are provided without a number of promises.
ALL INFORMATION AND OTHER MATERIALS PRESENT ON THE SITES (“CONTENT”), INCLUDING, WITHOUT LIMITATION, PRODUCTS AND SERVICES, ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES ABOUT THE CONTENT’S NATURE OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
WITHOUT LIMITING THE ABOVE, CIG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY WEB SITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THE SITE IS LINKED (“LINKED WEB SITE”). CIG DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEB SITE.
THE INFORMATION, PRODUCTS, SOFTWARE OR SERVICE DESCRIPTIONS PUBLISHED ON THE SITES OR A LINKED WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITES OR A LINKED WEB SITE IS UPDATED OR COMPLETE. CIG HAS NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITES AND MAY CHANGE OR IMPROVE THE SITES AT ANY TIME WITHOUT NOTICE. CIG DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITES BY ANY PARTY OTHER THAN THOSE MADE BY CIG. CIG MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SITES WILL BE ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE.
Indemnification
CIG reserves the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify and hold CIG, its affiliates, officers, employees and agents, harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party in connection with or arising out of: 1) your access to, or use of, the Sites, the Services, or any of the Sites’ content in a manner other than as expressly authorized by the Terms and Conditions; 2) your breach of the Terms and Conditions; or 3) your violation of applicable laws or any rights of any third party.
General Provisions
Except to the extent otherwise set forth in the Terms and Conditions, these Terms and Conditions set forth the entire understanding between CIG and you with respect to your access to, and use of, the Sites and their Content and supersedes all prior or contemporaneous understandings regarding access and use. Failure by CIG, in any instance, to exercise any of its rights under the Terms and Conditions will not constitute a waiver of such right or any other rights under the Terms and Conditions.
These Terms and Conditions are governed by the laws of the Province of Ontario, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply.
You agree to the sole and exclusive jurisdiction and venue of the federal or provincial courts serving the province of Ontario in the event of any dispute of any kind arising from or relating to the Sites or Services, or your use or review of it. The Terms and Conditions constitute the
entire agreement between the parties with respect to the subject matter they address, and they supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall be severable from the remaining provisions which shall remain valid and in effect to the fullest extent possible.
Amendments of Terms and Conditions
Subject to applicable law, and at any time, we may amend these Terms and Conditions (including by modification, deletion or addition of any portion of them). It is your responsibility to check our website from time to time for the latest version of our Terms and Conditions. The most current version of these Terms and Conditions supersedes all previous versions.
How to Contact CIG
7000 Pine Valley, Suite 101, Vaughan, Ontario L4L 4Y8