Terms of Service

These Terms of Service (“Terms”) are a legally binding agreement between you and Canogle, Inc. (“Canogle”). Please read the Terms carefully before registering for or using Canogle’s Services, applications, or other services (collectively, the “Services”).

By accessing or using any of the Services, or by using or downloading materials from the Services (whether or not you utilize any Canogle service), you agree to follow and be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT REGISTER FOR OR USE THE SERVICES. The terms of these Terms are subject to change by Canogle at any time, effective upon posting the updated Terms on our Services. Any use of Canogle.net after such posting will constitute your acceptance of the changes.

USE OF SERVICES

Eligibility. All users of the Services (“Users”) must be at least eighteen (18) years old. Registration is void where prohibited. Your registration for, and/or use of, the Services constitutes your representation and warranty that: (a) you satisfy these eligibility requirements, and (b) you have the right, authority and capacity to abide by all of the terms and conditions of these Terms.

Personal Use Only. The Services are intended for your use only, and none of your rights and obligations as a User may be assigned, transferred, rented, loaned, or otherwise distributed or used for the benefit of any other person or entity.

Online Account Security. You will select a unique username and password in association with your registration. You are responsible for maintaining the confidentiality of your username and password. You are further responsible for any and all activity on your account. If you become aware of an unauthorized use of your account, you agree to immediately notify Canogle. Canogle will not be liable for any loss or damage arising from your failure to comply with this provision.

Accuracy of Information. You will not provide inaccurate, misleading or false information to Canogle or to any other User. You will promptly notify Canogle if information provided to Canogle or another User later becomes, or is discovered to be inaccurate, misleading or false.

Contact with Others. You are solely and exclusively responsible for your interactions with other Users, whether in person or online. You acknowledge that Canogle does not screen Users, nor does Canogle perform any investigation into Users’ background or any of their representations or statements made to you or others. CANOGLE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE BACKGROUND OR CONDUCT OF ANY USER. In no event shall Canogle be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any User (including you) in connection with use of the Services, including without limitation: pecuniary loss, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings, agreements or other dealings with other Users (or any of them), or other persons you encounter in connection with the Services. You agree to take reasonable precautions in all interactions with other Users, whether online or in person.

Locations. You are solely and exclusively responsible for your personal safety and enjoyment at any and all of the locations identified, described and/or promoted by the Services (each a “Location”), whether or not Canogle has mapped or recommended such Location. As between you and Canogle, you assume the entire risk of your presence and all activities at any Location. You acknowledge that Canogle does not screen Locations, nor does Canogle perform any investigation into Locations’ safety or any representations or statements made by contributors to the Services regarding such Locations. CANOGLE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SAFETY, OR ANY OTHER CHARACTERISTIC OF ANY LOCATION. In no event shall Canogle be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your presence or activity at any Location in connection with your use of the Services, including without limitation: pecuniary loss, bodily injury, death, and/or emotional distress. You agree to take reasonable precautions in all your activities with respect to the Services, whether such activities are online or in person.

Personal Conduct. As a condition of permission to use the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. It is strictly prohibited to use of the Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the Services or Canogle, or any other person’s use or enjoyment of the Services, any Location, or of any good or service procured through the Services.

The following non-exhaustive list of illegal or improper conduct is expressly prohibited:
• Any attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of Canogle or any User or supplier, or those of any other party;
• Any attempt to probe, scan or test the vulnerability of a system or network of Canogle or any User or supplier, or those of any other party;
• Interference, or any attempt to interfere with, service to any User, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system;
• Forgery of any TCP-IP packet header or any part of the header information in an e-mail or posting;
• Falsification of address information or other modification of e-mail headers to conceal the sender’s or the recipient’s identity;
• Use of the Services or any Canogle service to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider;
• Use of the Services or any Canogle service to engage in activities that violate any applicable law or governmental regulation; and/or
• Any use of the Services or any Canogle service that Canogle deems, in its sole discretion, to be exploitative, harassing, or otherwise harmful to any person or entity, or harmful to any Location.

Content. You are solely responsible for the information and/or materials that you publish, display or otherwise communicate in any manner on the Services or transmit to any other User (“Content”). You will not post or distribute to another User any illegal or prohibited Content, including (but not limited to) Content that:

• is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing (“spamming”);
• contains information that you know (or reasonably should know) is false or misleading, or promotes illegal activities;
• is abusive, threatening, obscene, defamatory or libelous;
• contains or promotes distribution of, or access to, any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity);
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• contains or provides material that exploits people under the age of 18 in a sexual or violent manner;
• solicits personal information from anyone under the age of 18;
• provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits a password or personally identifying information for commercial or unlawful purposes from another User; and/or
• engages in commercial activity and/or sales without our prior written consent such as contests, sweepstakes, advertising, and/or pyramid schemes.

You acknowledge and agree that Canogle may (but has no obligation to) review and delete any Content, message, or other material posted to or sent through the Services that Canogle in its sole discretion determines is in violation of these Terms, or might be offensive or illegal, or might harm, threaten the safety of, or violate the rights of other Users, persons or entities. Canogle further reserves the right to refuse use of the Services or any other service to anyone. However, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT POSTED OR OTHERWISE COMMUNICATED BY YOU. Canogle will treat non-public communications between you and other Users in accordance with the Privacy Policy.

Lawful Use. You will use the Services and any other Canogle service in a manner consistent with any and all applicable local, state, national and international laws and regulations, as well as signs posted by the governing authority at any Location.

Violations. You will promptly report to Canogle any violation of the terms of these Terms by you or any other User.

DISCLAIMER; LIMITATION OF LIABILITY

TO THE EXTENT ALLOWABLE BY LAW, THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED BY CANOGLE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. CANOGLE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THE SERVICES, ANY PRODUCTS AND/OR SERVICES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CANOGLE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANYONE ELSE (INCLUDING YOU) IN CONNECTION WITH THE USE OF ANY PRODUCT OR SERVICE, INCLUDING WITHOUT LIMITATION, DEATH OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, PECUNIARY LOSS AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS BETWEEN USERS, OR THE USE OF ANY PRODUCT OR SERVICE, PRESENCE OR ACTIVITY AT A LOCATION, OR PERSONS INTRODUCED BY THE SERVICES, WHETHER ONLINE OR OFFLINE. CANOGLE DOES NOT, AND SHALL HAVE NO OBLIGATION TO, SCREEN AND/OR INDEPENDENTLY VERIFY THE INFORMATION OR OTHER MATERIALS SUPPLIED AND/OR PROMISED BY ANY USER OR CONTRIBUTOR TO THE SERVICES, WHETHER OR NOT SUCH INFORMATION OR MATERIALS ARE POSTED ON THE SERVICES. CANOGLE SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY COST, EXPENSE, LOSS OR DAMAGE SUFFERED BY ANY PERSON OR ENTITY ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE NOT DIRECTLY PROVIDED BY CANOGLE ITSELF, INCLUDING BUT NOT LIMITED TO ANY PRODUCT OR SERVICE THAT IS CONTAINED WITHIN OR ADVERTISED BY THE SERVICES.

PROPRIETARY RIGHTS & RESTRICTIONS

You grant Canogle an irrevocable, world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and/or display in any format or medium, with full right of sublicense, any and all Content.

You may not use, download or copy any information supplied by Canogle in conjunction with the Services unless: (i) you use the information solely for personal, informational and non-commercial purposes, (ii) you include the Canogle trademark and copyright symbol on each downloaded or copied page, and (iii) you do not modify any of the information. The rights granted to you constitute a license and not a transfer of title. Canogle reserves the right to revoke the authorization to view, download, print and/or reproduce the information and/or materials available through the Services at any time, and any such use shall be discontinued immediately upon written notice from Canogle.

Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information owned by Canogle from the Services without the prior written permission of Canogle. You may not “mirror” any materials contained on the Services on any other server without Canogle’ prior express written permission. Any unauthorized use of any materials contained on the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Copyright. Entire contents Copyright © 2011 Canogle, Inc. All rights reserved. Electronic documents published on the Services are protected by international copyright laws. Distribution or publication of the Services (including text and graphics) in any form without prior written permission is forbidden.

Trademarks. The Canogle name, and logo are trademarks of Canogle, Inc. All other trademarks or registered trademarks used within these pages are the property of their respective holders. Canogle’s use of entity, product or service names and logos or images within the Services does not necessarily constitute an endorsement of the named entity, product, or service.

Links to Third Party Sites. The Services may contain hyperlinks to Services that are not controlled by Canogle. Canogle is not responsible for, and does not endorse or accept any responsibility over, the contents or use of such Services.

Submissions. All comments and feedback, testimonials, and other generally non-personal information submitted to Canogle (“Submissions”) will be deemed non-confidential and Canogle’ property. By providing one or more Submissions to Canogle, you agree to assign to Canogle, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submission(s). Subject to the restrictions on use of personal information in Canogle’ Privacy Policy, Canogle will be free to use and/or disseminate the Submission(s) on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submission(s) that you provide, and that you have full responsibility for the Submission(s), including their legality, reliability, appropriateness, originality and copyright.

Personal Information and Privacy. To learn about how Canogle protects your privacy, please refer to Canogle’s Privacy Policy .

INDEMNIFICATION

You agree to indemnify and hold harmless Canogle, its officers, directors, employees, agents and subcontractors, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or relating to your: (i) use of the Services; (ii) Content; and/or (iii) improper and/or unauthorized acts or omissions, including any breach by you of any part of these Terms.

TERMINATION

Either you or Canogle may terminate your account and/or membership at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Canogle reserves the right to immediately suspend or terminate your access to the Services or any other Canogle service, without notice, if Canogle (in its sole discretion) determines that you have violated any term of these Terms. In the event that your access is suspended due to the breach of these Terms, you acknowledge and agree that any fee(s) you have paid to Canogle for such service will not be refunded. Following any termination of your account and/or membership, Canogle reserves the right to send a notice that you have been terminated to other Users with whom you have corresponded.

NOTICES

All notices, communications, demands and payments required or permitted to be made pursuant to these Terms shall be sent by certified or registered mail, postage prepaid; overnight messenger service; facsimile, personal delivery or electronic mail as follows: if to you, to the most current email address or physical address on file with Canogle in association with your membership or account; if to Canogle:

Canogle, Inc.
1511 Sycamore Avenue, Ste. M #187
Hercules, CA 94545
Email: info@canogle.com

GOVERNING LAW

The Services are controlled and operated by Canogle, Inc. with its corporate headquarters in Hercules, California. Any claim or dispute relating to your use or attempted use of the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. By using the Services, you submit to the exclusive jurisdiction of the appropriate state or federal courts serving Contra Costa County, California, in any proceeding relating to any such claim or dispute.

ENTIRE AGREEMENT

These Terms contain the entire agreement between you and Canogle regarding the use of the Services, and any product or service obtained, Location visited, or activity conducted in relation thereto. Unless otherwise explicitly stated, the terms will survive termination of your account and/or membership. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.