UGO Website Terms Of Use

Last updated: February 5, 2018

The following terms of use (the “Terms of Use”) govern your access to and use of this website (the “Website”). These Terms of Use form an agreement between UGO Mobile Solutions, a division of The Toronto-Dominion Bank, (“UGO”, “us”, “we”, “our”) and you. The term “you” refers to the person or entity using the Website. By using the Website, you accept and agree to be bound by and comply with these Terms of Use. If you do not accept and agree to be bound by these Terms of Use, please do not use the Website.

Changes to these terms of use and website

UGO reserves the right to change these Terms of Use and any information, material or content contained on or provided through the Website at any time without notice. Your continued access to or use of the Website after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.

Ownership

All content on the Website, including without limitation all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed thereon (the “Content”), are owned or licensed by UGO and are protected by copyright, trade-mark and other intellectual property laws.

You acknowledge that all right, title and interest in the Website and the Content, and all materials provided by UGO in connection with these Terms of Use, and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with UGO (or third parties, if applicable).

Privacy policy

Please review our privacy notice, which contains important information about our practices in collecting, storing, using and disclosing your personal information, and which is hereby incorporated into and forms a part of these terms of use.

Third party websites

The Website may provide links to third party websites. UGO does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under UGO's control, and if you choose to access any such website, you do so entirely at your own risk.

Communications not confidential

UGO does not guarantee the confidentiality of any communications made by you through the Website. You understand, agree and acknowledge that UGO cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Website.

DISCLAIMER AND LIMITATION OF LIABILITY

THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE WEBSITE OR THE CONTENT IS AT YOUR OWN RISK. UGO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE WEBSITE OR THE CONTENT.

UGO DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE WEBSITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

IN NO EVENT WILL UGO BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER LIABILITIES), WHETHER OR NOT UGO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE OR THE CONTENT.

Governing law and jurisdiction

These Terms of Use shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. These laws apply to your access to or use of the Website or the Content, notwithstanding your domicile, residency or physical location. The Website and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.