Terms and Conditions
Last updated: October 21, 2018
These Terms and Conditions ("Terms", "Terms
and Conditions") govern your relationship with Curling Analytics mobile
application (the "Service") operated by Curling Analytics
("us", "we", or "our").
Please read these Terms and Conditions carefully before
using our Curling Analytics mobile application (the "Service").
Your access to and use of the Service is based on your
acceptance of and compliance with these Terms. These Terms apply to all
visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by
these Terms and accept all legal consequences. If you do not agree to these
terms and conditions, in whole or in part, please do not use the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or
services that are not owned or controlled by Curling Analytics.
Curling Analytics has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party web sites or services. You further acknowledge and agree that Curling
Analytics shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through any
such websites or services.
We strongly advise you to read the terms and conditions and
privacy policies of any third-party web sites or services that you visit.
You agree to indemnify, defend and hold harmless Curling
Analytics, its principals, officers, directors, representatives, employees,
contractors, licensors, licensees, suppliers and agents, from and against any
claims, losses, damages, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and
accounting fees resulting from your use of the Service; (b) your breach of any
of these Terms; and (c) anything you post on or upload to the Service.
Limitation Of Liability
Curling Analytics, its directors, employees, partners,
agents, suppliers, or affiliates, shall not be liable for any loss or damage,
direct or indirect, incidental, special, consequential or punitive damages,
including without limitation, economic loss, loss or damage to electronic media
or data, goodwill, or other intangible losses, resulting from (i) your access
to or use of the Service; (ii) your inability to access or use the Service;
(iii) any conduct or content of any third-party on or related to the Service; (iv)
any content obtained from or through the Service; and (v) the unauthorized
access to, use of or alteration of your transmissions or content, whether based
on warranty, contract, tort (including negligence) or any other claim in law,
whether or not we have been informed of the possibility of such damage, and
even if a remedy set forth herein is found to have failed of its essential
Disclaimer And Non-Waiver of Rights
Curling Analytics makes no guarantees, representations or
warranties of any kind as regards the website and associated technology. Any
purportedly applicable warranties, terms and conditions are excluded, to the
fullest extent permitted by law. Your use of the Service is at your sole risk.
The Service is provided on an "AS IS" and "AS AVAILABLE"
basis. The Service is provided without warranties of any kind, whether express
or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, non-infringement or course
of performance, except as provided for under the laws of any province in
Canada. In such cases, the provincial law shall apply to the extent necessary.
Curling Analytics its subsidiaries, affiliates, and its
licensors do not warrant that a) the Service will function uninterrupted,
secure or available at any particular time or location; b) any errors or
defects will be corrected; c) the Service is free of viruses or other harmful
components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Curling Analytics
chooses not to immediately act, or chooses not to act at all, Curling Analytics
will still be entitled to all rights and remedies at any later date, or in any
other situation, where you breach these Terms. Curling Analytics does not waive
any of its rights. Curling Analytics shall not be responsible for any purported
breach of these Terms caused by circumstances beyond its control. A person who
is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of
your rights under these Terms.
As set out, above, some jurisdictions do not allow the
exclusion of certain warranties or the exclusion or limitation of liability for
consequential or incidental damages, so the limitations above may not apply to
you. Provincial laws of Canada may apply to certain products and service
These Terms shall be governed by, and interpreted and
enforced in accordance with, the laws in the Province of Ontario and the laws
of Canada, as applicable.
If any provision of these Terms is held to be invalid or
unenforceable by a court of competent jurisdiction, then any remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service, and supersede and replace
any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or
replace these Terms at any time. If a revision is material we will make
reasonable efforts to provide at least 30 days' notice prior to any new terms
taking effect. What constitutes a material change will be determined at our
By continuing to access or use our Service after those
revisions become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, in whole or in part, please stop using the
website and the Service.
If you have any questions about these Terms, please contact