Last updated: May, 2009
The Site is not intended for use by anyone not able to legally form binding contracts. If you are not able to legally form binding contracts, you may not use the Site, submit information about yourself to Canto or create or otherwise use an account. By using the Site you represent that you are able to legally form binding contracts.
While using the Site and/or the Materials (as defined below) contained on the Site, you agree to comply with all applicable laws, rules and regulations. Without limiting the foregoing, you agree not to:
Prices and availability of any products or services displayed on the Site are subject to change at any time without notice. You agree to pay all charges incurred by you or any user of your account at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
We (and our designees) may host message boards, blogs and similar forums on or in connection with the Site (collectively, “Forums”), but we have no obligation to monitor the Site or the Forums, or any Materials that you or other third parties transmit or post on the Site or the Forums. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site, the Forums, and the Materials you transmit or post; to alter or remove any such Materials; to disclose such Materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our partners and our customers and Site visitors; or to comply with legal obligations or governmental requests. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, unlawful, defamatory or otherwise objectionable. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums that is not properly attributable to us. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect our opinion(s). We are not responsible for any errors or omissions in Forum postings, for hyperlinks embedded in Forum postings or for your use of such information. Under no circumstances will we or our affiliates, partners, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.
We welcome your reviews, commentary, suggestions or other feedback regarding your experience with our Site and our products and services. In connection with any such reviews, commentary, suggestions, feedback or any other information or content that you transmit or provide to us (or otherwise post on the Site or Forums) (collectively, “Feedback”), you hereby grant us a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to reproduce, distribute, modify, create derivative works of, perform and display (publicly or otherwise) or otherwise use such Feedback (including, without limitation, any ideas, concepts, know-how or techniques contained therein) for any purpose whatsoever (commercial or otherwise, including, without limitation, improving the Site and developing and marketing products and services incorporating such Feedback), without any limitations and without compensation to you. Feedback will not be subject to any obligation of confidentiality, attribution or other similar obligation on our part. We will not be liable for any use or disclosure of any Feedback. We reserve the right, but undertake no duty, to post, review, edit, move or delete any Feedback, in our sole discretion and without notice.
THE SITE AND ALL MATERIALS, INFORMATION, FORUMS AND CONTENT ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CANTO AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE SITE, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CANTO DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE MATERIALS, OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY MATERIALS PROVIDED THROUGH THE SITE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL CANTO NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING IN ANY WAY TO THE SITE AND/OR ANY MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS IS TO STOP USING THEM. NOTWITHSTANDING THE FOREGOING, IF CANTO IS FOUND TO BE LIABLE, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO THE LESSER OF (A) THE TOTAL FEES YOU PAID CANTO IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) ONE THOUSAND DOLLARS (US$1,000).
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by searching for “parental control protection.”
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 1-916-445-1254 or 1-800-952-5210.