Website Terms of Use

Last Revised: January 6, 2014

Central 1 Credit Union (“Central 1”) provides this website www.beremarkable.com (the “Website”) to you subject to your acceptance and compliance with the following terms and conditions of use (the “Terms”).  Your access and use of the Website constitutes acceptance of these Terms.  If you do not agree to be bound by these Terms, please do not access or use this Website.

Changes and Modifications

Central 1 may modify or update these Terms from time to time without notice to you.  Your continued access to or use of the Website after such changes constitutes acceptance of these Terms as amended.  You are responsible for reviewing these Terms regularly.

Who Can Access this Website

This Website may be accessed and used only by persons in the Province of British Columbia, Canada (“BC”) and by individuals who can form legally binding contracts on their own behalf and who have accepted these Terms.  The Website and its content are not intended for persons located in any jurisdiction other than in the BC.  

Information You Provide

You may be required to provide information to Central 1 or other persons (including credit unions) to use portions of the Website.  You will ensure that all information (including personal information and financial information) you provide through the Website is true, accurate, current and complete and you will promptly update that information if it changes.  Central 1 and other persons will rely upon the information you provide and you are solely responsible for all damages, costs, liabilities, losses or obligations that you, Central 1 or any other person may incur as a result of your provision of any false, incorrect, incomplete or outdated information.  Providing information though the Website or via email is not secure or confidential.  If you use the Website to communicate with Central 1 or other persons or if you use email to communicate with Central 1 or other persons, you do so entirely at your own risk.

Privacy

Central 1 may monitor your use of the Website.  Central 1 collects, uses, discloses and retains personal information in accordance with its Privacy Policy.  By accepting these Terms and using the Website, you consent to the collection, use, disclosure and retention of your personal information in accordance with the Privacy Policy as it then reads.

Content You Provide

You may be permitted to post messages and content, interact with other users and to upload documents or other materials on the Website (collectively, “Your Content”), provided that you agree not to: (a) use the Website for commercial or unlawful purposes; (b) post or transmit any content that contains a virus or harmful component or that would otherwise interfere with the proper workings of the Website; (c) post or transmit any content that violates or infringes upon the rights of others (including privacy and intellectual property rights); (d) post or transmit any unlawful, threatening, obscene, pornographic, defamatory or abusive content or encourage conduct that would constitute a criminal offense or give rise to civil liability; (e) post or transmit any content that promotes racism, hatred or physical harm of any kind against any group or individual; or (f) post or transmit junk mail or unsolicited mass mailing or spam.

By posting or uploading Your Content to the Website, you automatically grant, or warrant that the owner of Your Content grants, Central 1 and its successors, assigns and licensees a royalty-free, perpetual, non-exclusive, irrevocable and unrestricted right to use, reproduce, translate, modify, store, make derivative works from, distribute, transmit or otherwise exploit Your Content or any ideas, concepts, or know-how associated with Your Content for any purpose, using any form, media, technology now known or later developed, without providing any compensation to you or any other person, and free from any obligation of confidence on the part of Central 1 and its successors, assigns and licensees.  You waive all moral rights in Your Content in favour of Central 1 and its successors, assigns and licensees, and you consent to your name appearing as the contributor of Your Content.  

Central 1 does not endorse Your Content and is not responsible or liable for Your Content.  Central 1 may investigate complaints and take any actions it deems appropriate in the circumstances, including editing or removing Your Content from the Website, and terminating your access or use of the Website.  

Disclaimer and Limitation of Liability

Your use of the Website is at your own risk.  The Website and the content on the Website are provided “as is”.  Central 1 does not make any representations, warranties or conditions about the quality, reliability, accuracy, adequacy, timeliness, or completeness of the Website or the content on the Website.  Central 1 does not guarantee or warrant that the Website or its content are compatible with your computer systems or that the Website or its content will be free from viruses, Trojan horses, disabling devices or other code that manifests destructive properties.  You are solely responsible for implementing safeguards to protect the security and integrity of your computer systems.

To the fullest extent permitted by law, Central 1 disclaims all representations, warranties and conditions of any kind with respect to the Website and the content on the Website, whether express or implied, including implied warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, that the Website or its content will be error free or will operate without interruption.  In no event will Central 1 or its member credit unions be liable, whether based on warranty, contract, tort or any other legal theory, for any damages of any kind (including direct, indirect, incidental, consequential, special, or punitive damages), whether or not Central 1 or its member credit unions are advised of the possibility of such damages or losses, resulting from the use of or the inability to make use of the Website or its content or an error, interruption, defect, computer virus, loss of data, system failure or otherwise.  

If, notwithstanding these Terms, Central 1 is liable to you or any other person, then in no vent and under no circumstances will Central 1’s total liability to you or any other person under any theory of liability ever exceed $5 (CDN).  You hereby release, remise and discharge Central 1 from all liability in excess of $5 (CDN).

Indemnity

You will indemnify, defend and hold Central 1 harmless from and against all liabilities, expenses and costs, including reasonable legal fees and expenses, incurred by Central 1 in connection with any claim relating to your use of the Website, your breach of these Terms or any wrongful conduct by you or any person for whom you are responsible at law.  You will assist and cooperate fully as required by Central 1 in the defence of any such claim.

Third Party Links

The Website may provide links to third party websites (“Linked Sites”).  Central 1 is providing these links to you only as a convenience.  The Linked Sites are not under the control of Central 1, and Central 1 is not responsible or liable for the Linked Sites and their content.  Central 1 does not endorse the information contained on the Linked Sites.  Central 1 makes no representations, warranties or conditions about the Linked Sites and the Linked Sites are not subject to Central 1’s privacy policy or these Terms.  If you choose to access any Linked Site or have any dealings with the owners of the Linked Sites, you do so entirely at your own risk.

Ownership and Use of Website

© 2010 Central 1 Credit Union.  All rights reserved.  You do not acquire any right or license to the Website or the content on the Website other than the limited right to use the Website and the content on the Website in accordance with these Terms.

The content on this Website, including words, graphics, designs, pictures, videos, sound, trademarks and applications displayed or available on the Website, are owned by Central 1 and other persons, and are protected by Canadian and other international copyright, trade-mark and other intellectual property laws.  You may not copy, modify, reproduce, transmit, post, republish, sell or circulate any part of the Website or link to the Website without the prior written consent of Central 1 (please contact switch@central1.com to request consent).  The Website is made available to you for your lawful, personal, non-commercial use only.  You may download, display, or print Website pages for your lawful, personal, non-commercial use provided that you do not remove or alter any notices or disclaimers.

General 

Central 1 may at any time change, discontinue, restrict, suspend or terminate the Website or any part of it without notice or liability to you, including suspending or terminating your permission to use the Website.

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada, without regard to the principles of conflicts of law.  These Terms constitute the entire agreement between Central 1 and you governing your use of the Website and supersedes all prior communications between you and Central 1 with respect to the Website.  Central 1’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. If any of the provisions contained in these Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained in these Terms.

Any rights not expressly granted in these Terms are reserved.

All questions or comments about the Website or its content (including any notice of infringement) should be directed to switch@central1.com.