Terms and Conditions
By using the COOL IQ Website (defined below), you acknowledge that you have read, understood and agree to be bound to these Terms and Conditions and all applicable laws and regulations. If you do not agree to be bound by these Terms and Conditions, then you must not use this Site. We may change these Terms and Conditions at any time and without any notice to you so we suggest that you periodically visit this page to review these Terms and Conditions. By using this Site (defined below) after we post any changes, you agree to accept those changes, whether or not you actually reviewed them.
This site (“Site”) is the website of (or is indirectly owned by) Cool IQ Inc. and the content of this Site is determined solely by Cool IQ Inc. All materials, including images, details, data, illustrations, designs, icons, photographs, video clips, text, software, graphics, scripts, logos, and other materials that are part of this Site (collectively, the “Contents”) are owned exclusively (either directly or indirectly) by Cool IQ Inc. and/or its content providers. The Contents are protected by copyrights, trademarks, service marks, trade dress and other intellectual or ownership rights owned by Cool IQ Inc. Any rights not expressly granted in the Terms and Conditions are reserved for Cool IQ Inc.
Any Cool IQ marks, logos and designs appearing on the COOL IQ Website are the exclusive trademarks and service marks (either directly or indirectly) of Cool IQ Inc. No license to or right in any such marks, logos and designs and other proprietary rights of Cool IQ Inc. is granted to or conferred upon you.
All other trademarks and service marks appearing on the COOL IQ Website that are not owned by Cool IQ Inc. are the property of their respective owners.
Use of Site; Restrictions
This Site and its Contents may be used solely for your own personal use. Any other use of the Site or the Contents is strictly prohibited, including, without limitation, modification, removal, deletion, transmission, publication, distribution, proxy cashing, uploading, posting, redistribution, re-licensing, selling, duplicating, republication or any other dissemination without the express written permission of COOL IQ or the owner. You may not use any framing techniques to enclose any trademarks or logos of COOL IQ nor use any meta tags or other hidden text without our prior written consent. You may not link to the Site without our prior written consent. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.
You may view and print a copy of the Contents displayed on the Site, and download a copy of any Contents that is designated for downloading, for your personal use only but you may not alter the Contents in any way, including, without limitation, removing or modifying any copyright or other ownership notices. The rights, title and interest in the Contents are not transferred to you by copying or downloading the material. The information provided on this Site is free of charge and for informational purposes, excluding those services specific to ProAssist, ProAssist Corporate, and any Field Services as detailed on the Site which are offered by COOL IQ.
You agree to use the Site only for lawful purposes. You are prohibited from posting or transmitting to or through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful material, or any other material that could give rise to civil or criminal liability under the law. We may disclose any content or electronic communication of any kind (including your profile, e-mail address and other information) (1) to satisfy any law, regulation, or government request; (2) if the disclosure is necessary or appropriate to operate the Site; or (3) to protect the rights or property of COOL IQ, its affiliates, and you.
Accuracy of Information
COOL IQ uses reasonable efforts to furnish accurate and up-to-date information, but we do not guarantee that any information contained in this Site is accurate, complete, reliable, current or error-free or that the Site will be free from viruses. We also are not responsible for any errors or omissions in this Site. Although we may modify the Contents, make improvements to the Site or correct any error or omission at any time and without notice to you, we are not obligated to do so. We will endeavour to update information in a timely manner but we will not be liable for any inaccuracies. Any use you make of the information provided on this Site is entirely at your own risk and COOL IQ will not be liable for any loss of data, lost profits or any other damages or losses resulting from your use of this Site.
Links to Third Party Sites
Links on this Site may lead to services or sites not controlled or operated by Cool IQ. We provide these links for your convenience and information. Links are not an endorsement of the site or service. We assume no responsibility or liability for other sites or services. Any use you make of any site or service linked to by this Site is entirely at your own risk.
Disclaimer of Warranties; Limitations of Liability
THIS SITE AND ITS CONTENTS ARE PROVIDED BY COOL IQ “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED. COOL IQ EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL COOL IQ BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND WHATSOEVER, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY SITE OR SERVICES LINKED THROUGH THIS SITE, OR ANY COPYING, DISPLAY OR USE THEREOF, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF COOL IQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE REGARDLESS OF THE REASON. COOL IQ WILL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING OUT OF OR ANY WAY RELATED TO ANY THIRD PARTY WEB SITES OR THEIR CONTENT ACCESSED THROUGH LINKS IN THIS SITE, YOUR USE OF THIS SITE OR YOUR USE OF ANY EQUIPMENT OF SOFTWARE IN CONNECTION WITH THIS SITE.
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply but liability shall be limited to the fullest extent permitted by law.
You agree to indemnify and hold harmless Cool IQ Inc. from any third party claim, action, demand, loss or damages (including attorneys’ fees and costs) arising out of or relating to your violation of these Terms and Conditions, your use of the Site or your violation of any rights of a third party.
Remedies for Violations
COOL IQ reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular IP address.
Feedback and Other Suggestions
Applicable Laws; Exclusive Jurisdiction
This Site and the Contents are displayed solely for the purpose of promoting COOL IQ available services. This Site is controlled and operated by COOL IQ from its offices in Canada. You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site, and you agree that you will not access or use the information on this Site in violation of such laws. These Terms and Conditions and your use of this Site will be governed by the laws of Canada, without regard to any conflict of law provision. Our failure to enforce any rights under these Terms and Conditions will not constitute a waiver of any terms or conditions of these Terms and Conditions.
Subject to the following clause, any claim or controversy related to these Terms and Conditions or relating to this Site will be settled by arbitration. The decision of the arbitrator will be binding on the parties. To the fullest extent permitted by applicable law, no arbitration will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Any claim or controversy related to these Terms and Conditions or relating to this Site (with the exception of injunctive relief sought by COOL IQ) will be settled by arbitration in accordance with the then-current rules of the Canadian Arbitration Association. The location of arbitration will be in Toronto, Ontario. The decision of the arbitrator will be binding on the parties. To the fullest extent permitted by applicable law, no arbitration will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
If there is a determination that any provision of these Terms and Conditions is invalid or unenforceable, that determination will not affect the rest of these Terms and Conditions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or under these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only.
Cool IQ Inc. is registered in Canada with Corporation Number 1160518-6 and its registered office is at 9333 47 Street Northwest, Edmonton, Canada.