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Terms of Use

Last updated November 16th, 2023

PLEASE READ THESE TERMS OF USE TOGETHER WITH ANY AND ALL OTHER TERMS, CONDITIONS, AND POLICIES REFERENCED HEREIN CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AS WELL AS DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF OUR LIABILITY AND LIMITATIONS AND WAIVERS OF YOUR RIGHTS AND REMEDIES. IN ORDER FOR US TO PROCESS YOUR APPLICATION OR ANY TRANSACTIONS REQUESTED BY YOU IN CONNECTION WITH THIS SITE, WE OR THIRD PARTIES MAY NEED TO CONDUCT A CREDIT CHECK ON YOU TO VERIFY YOUR CREDIT SCORE.

  1. Welcome. Welcome to consumergenius.com™! This website (this “Site”) is owned and operated by consumergenius.com (“Company”, “we”, “us”, “our”, or words of similar meaning). This Site provides you with information regarding products and services offered by third parties, including customers, service providers, and trading partners. By clicking on the links provided, this Site provides you with the ability to connect with such third parties in order to receive more information about their products and services as well as the ability to purchase them.
  2. Your Agreement to these Terms of Use. This Site, the Content, the Links, and the Questionnaires (each, as defined herein) are made available to you subject to your compliance with these terms and conditions of use and our Privacy Policy (collectively, these “Terms of Use”). THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY ACCESSING OR USING THIS SITE (IN WHOLE OR IN PART), YOU COVENANT AND AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE AND REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE (IN WHOLE OR IN PART), YOU ARE NOT PERMITTED TO ACCESS OR USE THIS SITE OR ANY CONTENT, LINKS, OR QUESTIONNAIRES. YOU MAY ONLY ACCESS AND USE THIS SITE FOR LAWFUL PURPOSES.
  3. Privacy. For information about how Company collects, uses, and shares your personal information, including in connection with this Site, please review our Privacy Policy.
  4. Territorial Limitation. This Site is only intended to market and sell to residents of Canada, excluding the Province of Québec (the “Territory”). If you are a resident in a jurisdiction outside the Territory, you are not permitted to access or use this Site (in whole or in part). By accessing or using this Site or any portion of it, you represent and warrant that you are a resident of the Territory.
  5. Minors. This Site is only accessible to users who are 18 years of age or older and capable of entering into binding contracts. If you are a minor or incapable of entering into binding contracts, you are not permitted to access or use this Site (in whole or in part). By accessing or using this Site or any portion of it, you represent and warrant that you are at least 18 years of age and capable of entering binding contracts.
  6. Modifications. Company reserves the right, in its sole discretion, to amend, modify, restate, replace, or supplement these Terms of Use, in whole or in part, at any time and from time to time. You should review these Terms of Use regularly. By accessing or using this Site or any portion of this Site after any such amendments, modifications, restatements, replacements, or supplements, you agree to be bound by, and comply with, these Terms of Use, as so amended, modified, restated, replaced, or supplemented. If any such amendment, modification, restatement, replacement, or supplement is not acceptable to you, you must immediately cease accessing and using this Site and any and all Content.
  7. Content, Links, Questionnaires, and Third-Party Sites. This Site contains content provided by Company and third parties (the “Content”) as well as links (each, a “Link”) and questionnaires or decision funnels (each, a “Questionnaire”) that direct you to websites of third parties (each, a “Third-Party Site”). By accessing and using this Site, the Content, or any Link or Questionnaire (in whole or in part), you acknowledge and agree that:
    1. the Content, Links, and Questionnaires are both necessary and desirable for you to be able to be directed to third parties for the purposes of processing your application and transacting business with them, including to purchase their products and services;
    2. Third-Party Sites and the content of, and any services or products accessible by, Links, Questionnaires, or Third-Party Sites are not provided by, nor is any of it under the control of, Company;
    3. Company does not endorse any content of, or any services or products accessible by, any Third-Party Site or provide any representation, warranty, or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such Third-Party Site or the content thereon or any services or products advertised thereon or accessible thereby or purchased by you in connection therewith; and
    4. if you choose to use the Content, click on any Links, provide any information using any Questionnaires, or access any Third-Party Site, you do so entirely at your own risk and liability.
  8. Your Inputs. This Site or the Links or Questionnaires may prompt you to, or allow you to, provide, input, or upload information and other content to this Site and to us and third parties from time to time (“Your Inputs”). By providing any of Your Inputs in connection with this Site, you represent and warrant that you have all necessary rights and licences to do so and that all of Your Inputs are true, complete, and accurate as at the time you provided it. Subject to our Privacy Policy, Company reserves the right in its discretion to remove, edit, limit, or block access to any of Your Inputs at any time, and it will have no obligation to review or verify Your Inputs. You are solely responsible and liable for Your Inputs.
  9. Information You Provide to Us. The Site provides means by which you can contact and provide information and feedback to us. You acknowledge and agree that, to the maximum extent permitted by applicable law and subject to our Privacy Policy, any information you provide to us (“Your Information”) will be treated as non-confidential and Company will have no obligations whatsoever with respect to Your Information, including to keep Your Information secure or confidential. By providing us with your Information, you represent and warrant that you have all necessary rights and licences to do so and that all of Your Information is true, complete, and accurate as at the time you provided it. By providing us with Your Information, you automatically and unconditionally grant Company a non-exclusive, royalty-free, irrevocable, sub-licensable, transferrable, perpetual, worldwide right and licence to use, copy, modify, display, publish, and otherwise commercialize Your Information in any way, without compensation to you, including editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public Your Information (in whole or in part) in any format or medium currently known or developed in the future (“Your Licence”). You acknowledge and agree that Company may assign, transfer, or sub-license Your Licence to any person, including its affiliates, customers, service providers, and trading partners, without any further approval by you.
  10. Electronic Messaging. By subscribing to our notifications, you authorize us to send email, SMS, or other electronic messaging, delivering offers based on information you've shared. You consent to receive messages from our firm and third-party's including financial agencies. To unsubscribe from this program, reply STOP. Messages and data rates may apply.
  11. Consent to Credit Checks. You acknowledge and agree that, in order for us or third parties to process your application or any transactions requested by you in connection with this Site, we or third parties may need to conduct a credit check on you to verify your credit score. By using this Site and providing your personal information, you provide your consent and agreement to any and all such credit checks.
  12. Trademarks. Any and all trademarks, corporate names, business names, and other trade names of Company, including CONSUMER GENIUS™ and any and all logo, word script, and design versions thereof, in each case whether registrable or not, owned, or used by Company or any of its affiliates are trademarks of Company or its affiliates, as applicable (collectively, the “Company Marks”). Other trademarks, service marks, graphics, and logos used in connection with Company Property may be the trademarks of their respective owners (“Third-Party Marks”). You are not granted any right or licence with respect to any Company Marks or Third-Party Marks.
  13. Company Property.
    1. “Company Property” means this Site and: (i) Company Marks, Content, Links, and Questionnaires; (ii) any and all logos, designs, graphics, images, photographs, artwork, and other artistic works related to this Site; (iii) any and all editorial content, text, data, and other literary works on this site; (iv) any and all videos, sounds, and performance or audio-visual works on this Site; (v) any and all selections, arrangements, compilations, modifications, and enhancements of any of the foregoing (vi) any and all systems and software, including source code, object code, and scripts that may execute on this Site's servers or that may be embedded or downloadable from individual web pages on this Site; (vii) the organization, presentation, design, architecture, interface, templates, layout, web pages, and look and feel of this Site; (viii) any and all URLs associated with this Site; and (ix) any and all intellectual property rights in any of the foregoing.
    2. By accessing or using this Site or any other Company Property or by displaying, saving, downloading, or printing a copy of any Content, you do not acquire any ownership rights, including by right or licence, to this Site or any other Company Property.
    3. You acknowledge and agree that all Company Property: (i) is protected by copyright and is owned by Company, its affiliates, or their respective licensors; (ii) contains proprietary information and material that is owned by Company, its affiliates, or their respective licensors; and (iii) is protected by applicable law, including copyright law. Any and all copyrights in and to any Company Property, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources and related software, are owned by Company and its affiliates or their respective licensors, who in each case reserve all their rights in law and equity.
    4. The use of any Company Property, other than as expressly permitted by these Terms of Use, is strictly prohibited and infringes on the intellectual property rights of Company and others and may subject you to civil and criminal penalties, including monetary damages, for copyright infringement.
    5. Notwithstanding any other provision of these Terms of Use, Company and its licensors reserve the right to change, suspend, remove, or disable access to any Company Property at any time without notice. You acknowledge and agree that, in no event will Company be liable for making any such changes. Company may also impose limits on your use of or access to certain features or portions of Company Property, in any case and without notice or liability.
  14. Licence and Permitted Uses. Subject to and in accordance with the terms, restrictions, and conditions of these Terms of Use, Company grants to you a personal, non-exclusive, non-transferable, limited to the Territory, revocable right and licence to access and use this Site and the Content, Links, and Questionnaires in accordance with these Terms of Use and applicable law and only to display on your own computer or mobile device for your own personal, internal, non-commercial use (“Permitted Uses”). All rights not expressly granted herein by Company are expressly reserved by Company.
  15. Prohibited Activities. You may not access or use this Site or any other Company Property in any way or for any purpose that is unlawful or that contravenes these Terms of Use. Unless and only to the extent otherwise expressly permitted in writing by Company, you will not access or use any Company Property for any purpose that is outside the scope of the Permitted Uses or that violates the rights of Company or any other person. Without limiting the foregoing, you will not, directly or indirectly, on your own or with any other person, in any manner whatsoever:
    1. access or use any portion of this Site or other Company Property that is not expressly authorized for use by you by these Terms of Use;
    2. exploit any Company Property (in whole or in part), including by trespass or burdening network capacity (either of Company or a third party);
    3. reproduce any Company Property (in whole or in part) in any form or by any means;
    4. make available, distribute, display, post, disseminate, publish, republish, transmit, re-transmit, communicate to the public, or broadcast any Company Property (in whole or in part);
    5. create derivative works of any Company Property (in whole or in part), or modify, translate, select, arrange, merge, compile, or otherwise combine any Company Property (in whole or in part) with other data, content, or frame from or on another website;
    6. scrape, whether by way of screen scraping or database scraping, any Company Property (in whole or in part) or engage in any other activity intended to collect, store, reorganize, summarize, or manipulate any Company Property (in whole or in part), whether by an automatic program or a manual process;
    7. sell, licence, sublicence, transfer, rent, lease, or loan any Company Property (in whole or in part) or any reproduction of all or any portion thereof in any medium;
    8. decompile, disassemble, reverse engineer, virtualize, or otherwise exploit any Company Property (in whole or in part), its architecture, or any underlying software or code;
    9. dilute, tarnish, or otherwise harm the brand, goodwill, or reputation of the Company or any of its affiliates in any way, including through unauthorized use of any Company Property, registering or using Company Marks (in whole or in part) or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering or using domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to Company's domains, trademarks, taglines, promotional campaigns, or any other Company Property;
    10. not modify, alter, manipulate, delete, damage, or cover up in any way any copyright or other intellectual property notices;
    11. access or use this Site or any other Company Property (in whole or in part) in any way or for any purpose that violates applicable law or any of the terms and conditions of these Terms of Use;
    12. access or use this Site or any other Company Property (in whole or in part) for any purpose that violates the rights of Company or (in the sole discretion of Company) any other person;
    13. access or use this Site or any other Company Property (in whole or in part) for any purpose or in any manner that falsely implies the endorsement of Company, a partnership with Company, or otherwise misleads others as to your affiliation or relationship with Company;
    14. use this Site or any other Company Property (in whole or in part) in the operation of a service bureau or process or permit to be processed the information or data of any person;
    15. copy, store, or otherwise access or use any information, including personal information of any other person, contained on or accessible by way of this Site in any way that is inconsistent with applicable law or that otherwise violates the privacy rights of any person;
    16. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation or otherwise engage in any violent, harmful, abusive or disruptive behaviour or otherwise contrary to applicable law;
    17. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Company or any person for or on behalf of Company to protect this Site or any other Company Property (in whole or in part);
    18. take any action that damages or adversely affects or could damage or adversely affect the performance or proper functioning of this Site or any other Company Property (in whole or in part); or
    19. violate or infringe any person's rights (including intellectual property rights) or otherwise cause harm, injury, illness, or death to any person or any losses or damages to any tangible or intangible property.
  16. Site Security. You may not interfere with the security of this Site, including any of the security features used to maintain the security and integrity of this Site, or otherwise abuse this Site or any systems, software, servers, resources, services, or networks connected to or accessible through this Site. You will not, nor permit or enable any third party to, attempt to enter restricted areas of this Site or Company's systems or perform functions that you are not expressly authorized in writing by Company. Company may, without notice to you, temporarily or permanently, suspend or terminate your, or any other person's, access to or use of this Site (in whole or in part) or any Links or any related services, including by deactivating any passwords or links to the Internet, if Company determines in its sole discretion that you, or any other parties, are obtaining unauthorized access to the systems or information of Company or any of its affiliates or any of its third party service providers or trading partners.
  17. Violation of the Law. You acknowledge and agree that any attempt by you or on your behalf to deliberately damage or misappropriate this Site or any other Company Property (in whole or in part) or to undermine the legitimate operation of this Site or any other Company Property (in whole or in part) may be a violation of criminal and/or civil laws, and should such an attempt be made, Company reserves the right to seek damages from you to the maximum extent permitted by law.
  18. Currency of Site. Company updates this Site and the Content periodically. Company cannot and does not warrant or guarantee and disclaims any and all responsibility and liability for the accuracy, currency, or completeness of this Site or the Content. Company may, at any time and from time to time, revise, supplement, or delete Content, Links, products or services, or the resources contained on or accessible by way of this Site and reserves the right to make such changes without prior notification to you.
  19. DISCLAI