Engentive, Website Terms & Conditions

  1. Acceptance
  2. Use
  3. Rules and Conduct
  4. Intellectual Property
  5. Privacy
  6. Confidentiality
  7. Monitoring, Deleting and Disclosure Notice
  8. Termination
  9. Disclaimer of Warranties
  10. Limitation of Liability
  11. Indemnity and Release
  12. International Use
  13. Jurisdiction
  14. General

1. Acceptance

Welcome to the Engentive® Website (the "Website") operated by Klf Media Inc. The Website services (collectively, the "Services") are offered by Engentive through Web pages that display the Engentive navigation bar. This Website uses specific terms and conditions that contain legal obligations to which you will be bound by your use of the Website. Please read them carefully.
Your access or use of this Website is expressly conditioned upon your acceptance of these Website Terms and Conditions, and any access, or use of any portion of the Website constitutes your agreement to be bound by the Terms and Conditions. If you do not agree with the Website Terms and Conditions in their entirety, do not access, or use any portion of this Website.

2. Use

Except as otherwise stated, or programmatically restricted, you may view, display, download or print ("Use") any page of this Website, subject to the following conditions:
  1. You use the material contained therein (including but not limited to text, graphics, images, data or sound, collectively, "Content") solely for personal, non-commercial purposes.
  2. You do not modify the Content therein in any manner, nor perform, publish or otherwise make public, or create derivative works of the content or any portion thereof;
  3. You do not remove, obscure or modify any copyright, trademark or other legal notice;
  4. You do not transfer to any person, entity, or computer, server, or other communications medium any Content found on or derived from this Website for your own or any third party's commercial purpose.
No other uses of the Website are permitted without the express written consent of Engentive, and all rights herein not granted expressly granted are reserved.

3. Rules and Conduct

You agree not to use the Website to:
  1. Post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability;
    a. Monitor the Website and collect information on Website user activity and any Content posted or provided, irrespective of who posted/provided the Content or whether it was posted/provided properly or in violation of these Website Terms and Conditions; and
    b. Employ a device to cause deletion of Content that is found on any computer when such computer's browser is opened. Engentive may disclose any information as necessary to satisfy any law, regulation or other governmental or third party request Loyalty Source deems appropriate. Engentive shall have no duty or obligation to challenge the scope or validity of any government or court order to disclose any such information.
  2. Use the Website in a manner which is contrary to law, or would serve to restrict, inhibit or have a negative or damaging effect upon Engentive or any other user;
  3. Use any device, software or routine to interfere or attempt to interfere with the proper working of this Website;
  4. Adapt, translate, modify, decompile, disassemble, remove, or reverse engineer any software, applications, programs or devices used in connection with the Website;
  5. Use or otherwise exploit this Website for any purposes other than as expressly provided by these Website Terms & Conditions.

4. Intellectual Property

All rights, titles and interests in this Website and its intellectual property and other proprietary rights in and affecting this Website (all Content therein) including, without limitation, copyright, trademark, patent, proprietary information and trade secrets applicable thereto (collectively, "Intellectual Property") are owned by Engentive or third parties with all rights reserved. Except as expressly provided, nothing herein or within the Website shall be construed as conferring any license under any of the Intellectual Property rights of Engentive or any third party, whether by implication, waiver, estoppel, or otherwise. The Engentive trademarks and service marks include but are not limited to the following:
"Engentive", "Engentive", and "LOYALTYSOURCE.COM" are pending or registered trademarks of KLF Media Inc.

5. Privacy

Engentive is committed to protecting the privacy of our customers' personal information. Any information you input into this Website will not be stored, kept or used by Engentive for any other purpose but to contact you, upon your request.
We support industry and government initiatives to protect consumer privacy:
  • support and endorse the Personal Information Protection and Electronic Documents Act
  • member of the Canadian Marketing Association
If you have any questions about our privacy policies, please e-mail our Privacy Office at policies@loyaltysource.com

6. Confidentiality

Comments, suggestions, ideas or materials sent or transmitted to Engentive by you or on your behalf will be deemed non-confidential information and will become the property of Engentive. Engentive will have no obligation with respect to such submissions and will be free to use (without limitation as to time, media or geography), copy, modify, make derivative works and/or distribute or transfer it to third parties without limitation, for any purpose, commercial or otherwise, without compensation or acknowledgment to you.

7. Monitoring, Deleting and Disclosure Notice

Engentive may, from time to time,

a. Monitor the Website and collect information on Website user activity and any Content posted or provided, irrespective of who posted/provided the Content or whether it was posted/provided properly or in violation of these Website Terms and Conditions; and

b. Employ a device to cause deletion of Content that is found on any computer when such computer's browser is opened. Engentive may disclose any information as necessary to satisfy any law, regulation or other governmental or third party request Engentive deems appropriate. Engentive shall have no duty or obligation to challenge the scope or validity of any government or court order to disclose any such information.

8. Termination

You acknowledge and agree that Engentive, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, the Website or any portion thereof. You further agree that Engentive will not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with this Website or any Content, or with any terms, conditions, rules, policies, guidelines, or practices of Engentive in operating the Website, your sole and exclusive remedy is to discontinue using the Website.

9. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT Engentive MAKES NO WARRANTY OR, REPRESENTATION (COLLECTIVELY, "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THAT ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. Engentive MAKES NO WARRANTY THAT THIS WEBSITE, OR ANY CONTENT OR FUNCTION CONTAINED THEREIN WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE/VIRUS-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT SUCH CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. Engentive MAKES NO WARRANTY REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

10. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Engentive OR ITS CORPORATE AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF BUSINESS, LOSS OF PROGRAMS OR OTHER DATA, OR LOSS OF USE, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER Engentive HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE WEBSITE, OR (B) ANY OTHER MATTER RELATING TO THE WEBSITE OR ITS CONTENT, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
Some jurisdictions may not permit the exclusion or limitation of warranties or damages in certain types of agreements and the foregoing exclusions and limitations may not be applicable to you.

11. Indemnity and Release

You agree to defend, indemnify and hold Engentive, its parent, affiliates, subsidiaries, and third party information providers, and their respective, officers, directors, employees agents and contractors (collectively, "Indemnitees") harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with:
  1. Any violation of these Website Terms and Conditions;
  2. Use of the Website; the Website Content;
  3. Unauthorized use of any user ID or password provided to you; or
  4. Your service upon Engentive a subpoena or other court or governmental order to produce a person or record in connection with a legal or equitable action or matter to which Engentive is not a party.
You hereby release and forever discharge the Indemnitees in connection with any error, omission, interruption, deletion, defect, or delay in operations or transmission of this Website; and technical, network, telephone, communications, computer hardware or software malfunctions or errors of any kind.

12. International Use

You agree to comply with all local laws and rules including, without limitation, laws governing the Internet, data, email, Intellectual Property and privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside and/or work.

13. Jurisdiction

This Website originates in Canada. These Website Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.

14. General

These Website Terms and Conditions may be updated and amended from time to time by Engentive, with or without notice, and constitute the entire agreement between Engentive and you pertaining to your use of the Website. Failure of Engentive to insist upon or enforce strict performance of any right or provision of these Website Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any provision (or part thereof) contained in these Website Terms and Conditions is determined to be void, invalid or otherwise unenforceable pursuant to a court of competent jurisdiction or arbitrator, such determination shall not affect the remaining provisions (or parts thereof) contained herein.