NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
The I CAN SWEEPSTAKES – Canelo v. Smith (“Sweepstakes”) begins on December 14, 2020 at 12:01 a.m. Pacific Time (“PT”) and ends on December 19, 2020 at 11:59 p.m. PT (“Promotion Period”). The entry period is the same as the Promotion Period. The time will be determined by Sponsor’s timekeeping systems. Sponsor will have the sole discretion in determining the timeliness of any action or inaction related to this Sweepstakes. All times mentioned in these Official Rules are Pacific Time unless expressly noted otherwise.
ELIGIBILITY: To be eligible to enter the Sweepstakes, entrant must be a legal U.S. resident at least 18 years of age on the date of entry and reside in the 50 United States or the District of Columbia (“Promotion Area”). Void wherever prohibited by law and outside the Promotion Area. Employees of Canelo Technologies LLC dba I CAN (collectively, “Sponsor”), Sponsor’s respective parents, affiliates, subsidiaries, advertising and promotion agencies, prize suppliers, including any vendors providing services in connection with this Sweepstakes (collectively, the “Sponsor Affiliates”) and the immediate family members (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) and/or those living in the same household of any of the foregoing individuals are not eligible. By participating, entrants agree to be bound by the Official Rules and the decisions of Sponsor.
TO ENTER: 1) “Like” the sweepstakes post on Instagram @ican.app, 2) “Comment” on the
the sweepstakes post on Instagram @ican.app “I want the I CAN app kit”, and “tag” two friends on the same comment, and 3) have an active I CAN account (“Entry”). Limit one Entry per person and per Instagram username for the Entry Period. Any attempt by any entrant to obtain more than the stated number of entries using multiple/different usernames or identities will void such entries and that entrant may be disqualified. Limit one prize per person during the Promotion Period.
Incomplete Entries will be disqualified. Sponsor is not responsible for interrupted, distorted, or incorrect Entry information; lost, late, misdirected Entries; or Entries not received for any reason. If there is a dispute over who submitted an Entry, the Entry will be deemed to have been submitted by the authorized account holder of the email account identified on the entry form. The authorized account holder of an email account is deemed to be the natural person who is assigned to an email address by an Internet access provider, service provider, or online organization responsible for assigning email addresses for the domain associated with the submitted email address. Entries become the property of Sponsor and will not be returned.
If Sponsor determines, in its sole discretion and at any time during the Promotion Period, that any Entry violates these Official Rules, Sponsor reserves the right to disqualify the Entry. Decisions of Sponsor are final on all matters.
WINNER SELECTION: After the end of the Entry Period, Sponsor will randomly select potential winners from all eligible Entries received in accordance with the following schedule. Potential winners are subject to verification and compliance with the Official Rules. Odds of winning depend on the number of eligible entries received during the Entry Period.
WINNER NOTIFICATION AND RELEASES: Sponsor will attempt to notify the potential winning entrants via email or Instagram username provided with Entry. If potential winner: (a) does not respond within seven (7) days of initial notification attempt; (b) is not in compliance with these Official Rules, (c) does not meet the eligibility requirements, (d) declines the prize, or (e) does not sign and return required documents or provide required identification by deadlines established by Sponsor, he or she will be disqualified and an alternate potential winner will be selected by random drawing from among all remaining eligible non-winning entries. Each potential winner may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility & Liability/Publicity Release before claiming the prize.
PRIZES (1): There are Two (2) Sweepstakes prizes available. Subject to eligibility verification and compliance with these rules, one (1) winner shall be selected to win a prize package of one (1) I CAN branded shirt, signed by Canelo, Approximate Retail Value (“ARV”) = $100, an I CAN branded thermos, Approximate Retail Value (“ARV”) = $40, and an annual I CAN membership, Approximate Retail Value (“ARV”) = $60; one (1) winner shall be selected to win a prize package of one (1) I CAN branded shirt, signed by Canelo, Approximate Retail Value (“ARV”) = $100, an I CAN branded thermos, Approximate Retail Value (“ARV”) = $40, and a semi-annual I CAN membership, Approximate Retail Value (“ARV”) = $30. Total ARV of all prizes: $370. Winners assume all applicable tax liability for their prize(s). Prizes consist of only those items specifically listed as part of the prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value in its sole discretion. No substitution or transfer/assignment of prize by winners permitted. All properly claimed prizes will be awarded provided a sufficient number of eligible Entries are received, but under no circumstances will more than the advertised number of prizes be awarded. Prizes are awarded “AS IS.” Prizes shall be mailed to verified winners within 7 days of winner confirmation. Please allow up to 2 weeks for delivery. Sponsor not responsible for loss, delay or damage in shipping.
Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner. An IRS Form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law. Winner agrees to complete Form W-9 and promptly return to Sponsor upon request.
PUBLICITY AND MARKETING: Entry in the Sweepstakes constitutes permission to contact entrant via the name and email provided and permission to use the entrant’s name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity or likeness for purposes of advertising and trade in connection with the Sweepstakes, in any medium, without further notice, approval, or compensation, unless prohibited by law.
LIABILITY RELEASE & INDEMNIFICATION: By submitting an entry in this Sweepstakes, entrant agrees to release, discharge and hold harmless Sponsor, Sponsor Affiliates and their respective parents, affiliates, and subsidiaries and all of their directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, entrant’s participation in this Sweepstakes or any Sweepstakes-related activities (including, without limitation, any event attended as part of a prize) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made in connection with the Sweepstakes; any non- with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to entrant’s involvement with the Sweepstakes; acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes; any malfunction, error or other problem arising in connection with the collection, processing, or retention of Entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Sweepstakes.
OTHER TERMS: Sponsor not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the Sweepstakes, whether caused by computer, technical or human error. Sponsor is not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, any damage to any person’s computer related to or resulting from participating in the online portion of the Sweepstakes, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the Sweepstakes whether caused by computer, technical or human error. Sponsor reserves the right to terminate or modify the Sweepstakes or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the Sweepstakes as determined by Sponsor, in its sole discretion. If Sponsor terminates the Sweepstakes, Sponsor will determine the winners for remaining months by random drawing from among all eligible, non-suspect, non-winning Entries received as of the termination date and will post notice of its action on the Sweepstakes website. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsor reserves the right to disqualify any entrant from further participation in the Sweepstakes if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Sweepstakes; (b) has disregarded or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Sweepstakes; or (d) has acted toward Sponsor, any Sponsor Affiliates, or any other entrant in an unfair, inequitable, annoying, threatening, disrupting or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of the Official Rules and any marketing or other materials used in connection with the Sweepstakes, the terms of these Official Rules will govern.
GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY PARENT WITH REGARD TO THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant in connection with the Sweepstakes will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than California. The state and federal courts located in San Diego County, California will be the exclusive forum for any dispute relating to these Official Rules and/or this Sweepstakes. All participants and winners agree, by their participation in the Sweepstakes, to submit to the personal jurisdiction of the state and federal courts in San Diego County, California and waive the right to contest jurisdiction.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
WINNERS LIST: For the winners’ names, available after the Promotion Period, send a self-addressed, stamped envelope, to be received within 60 days of the end of the Promotion Period, to Amplemind Tech Agency, Calle Acatempan 2068, Ayuntamiento, 44620, Guadalajara, Jal., Mexico.
SPONSOR: Canelo Technologies LLC dba I CAN
Effective Date: Feb 17, 2020
This policy applies to the information you provide to I CAN By Canelo Alvarez through the I CAN By Canelo Alvarez Services. This policy does not apply to information collected by third parties linked in any way to the I CAN By Canelo Alvarez Services. We have no control over, and no responsibility or liability for, any third party’s collection, use, disclosure, or retention of the personal information that is provided directly to them, and that collection, use, disclosure, and retention is not subject to this policy.
2. Account Security and User Eligibility
As a registered user of Canelo Technologies LLC. services, you provide all information at your own risk and you are solely responsible for all use, security, loss prevention, and protection of any confidential information and for all activity that occurs on or through your account including, but not limited to, name, address, email address, credit card or billing information, health or medical information, school and/or organization information, and all other personal information entered by you on your personal profile or given for purposes of using the I CAN By Canelo Alvarez Services. You agree to immediately notify Canelo Technologies LLC. of any security breach of your account. I CAN By Canelo Alvarez is not responsible for any losses arising out of the unauthorized use of any user’s account.
You must be 14 years or older to use the I CAN By Canelo Alvarez Services. We do not want to collect or retain information from anyone under 14 years of age. If you are under 14, or you believe someone under 14 has provided us with personal information, please contact us at firstname.lastname@example.org ; +1 (424) 347-4166; or Canelo Technologies LLC., Attention: Privacy Officer, 9595 Wilshire Blvd Suite 502 Beverly Hills,, CA 90212 and we will delete that personal information.
3. The Information We Collect
Information We Affirmatively Collect From You
In general, when we collect personal information about you on the I CAN By Canelo Alvarez Services, you are asked to affirmatively provide the information or to take some action—such as in registering an account. Other information you affirmatively provide, such as about your preferences (e.g., nutrition experience, strength and conditioning experience), and demographic information (e.g., gender, age, or income range) is generally maintained along with personal information. You can choose not to provide any information that is affirmatively requested of you, however, this may limit your ability to use the I CAN By Canelo Alvarez Services.
In addition to collecting information on the I CAN By Canelo Alvarez Services, we may collect information from you when you communicate with us over the phone or e-mail. This information may include personal information and other information such as your name, billing and mailing address, e-mail address, phone number, and participation in events and promotions that we offer. This information may be matched with, and stored in connection with Personal Information provided or collected in connection with the I CAN By Canelo Alvarez Services.
Information We Automatically Collect From You
The I CAN By Canelo Alvarez Services automatically collect certain information from users through the use of “cookies” and other tracking mechanisms. Information automatically collected may include, but is not limited to: your domain name and host for Internet access; the Internet address of the site from which you came; the date and time you access the I CAN By Canelo Alvarez Services; your computer or device’s IP address and information about its operating system, browser and host. We may use this information for any lawful purpose, including, for example, using your IP address to help diagnose problems with our server, to administer the I CAN By Canelo Alvarez Services, to help identify you and to gather broad demographic data.
4. Use of Information
I CAN By Canelo Alvarez may use information collected on the I CAN By Canelo Alvarez Services, which may include information gathered about you, for various purposes. In general, I CAN By Canelo Alvarez uses personal information it collects to pursue our mission and operations, including the management of our I CAN By Canelo Alvarez Services, the operation of our business, and to engage in related activities. This may include storing information about you in connection with your profile so that we can recognize you when you access your Account and make offers available to you based on information you provided. We also may share some of the information you provide with other users, for purposes of enabling comparisons among or between various users.
We reserve the right to use, disclose, retain, share and otherwise deal with all information collected via the I CAN By Canelo Alvarez Services internally or to third parties, for any lawful purpose or to prevent harm to us or others. For example, and without limitation, in our discretion we may:
Disclose information to service providers and others in order to deal with requests and questions from you; to personalize or enhance your experience; and to assist or respond to our consultants (including auditors and lenders);
Disclose information to government regulators, law enforcement authorities or alleged victims of identify theft, as well as voluntary disclosures; and
We may place a “cookie” on the browser of your computer. Cookies are a technology that installs a small amount of information on the computer of a website user to permit the website to recognize future visits using that computer. Cookies may enhance the convenience and use of the I CAN By Canelo Alvarez Services. For example, the information provided through cookies may be used to recognize you as a previous user of the I CAN By Canelo Alvarez Services (so you do not have to enter your personal information every time), offer personalized information for your use, and otherwise facilitate your experience using the I CAN By Canelo Alvarez Services. You may choose to decline cookies if your browser permits, but doing so may affect your ability to access or use certain features of the I CAN By Canelo Alvarez Services. We may also use clear gifs, and log file information to store user information, customize content, or monitor I CAN By Canelo Alvarez Services activity.
6. Do Not Provide Information About Others
7. Other Websites
The I CAN By Canelo Alvarez Services may contain hyperlinks to other websites or Internet resources. When you click on one of those links you are contacting another website. We have no control over, and no responsibility or liability for, other websites or their collection, use and disclosure of your personal information.
Third-party advertisements may be displayed on the I CAN By Canelo Alvarez Services, which may contain cookies or other information-gathering technologies. We have no control over, and no responsibility or liability for, the cookies or other technologies used in the advertisements or for the use and disclosure of information collected through advertisement cookies or other technologies.
9. Email Communications; Consent to Electronic Notice of Breaches
We may send you, or you may elect to sign up to receive, emails from us. To help us understand whether we are providing information of interest to you, we may include software code or other tracking technologies in our emails to monitor whether you opened a particular email, whether you have clicked on the images and/or links in the email, the date and time the message was opened, and whether your computer is capable of receiving HTML-based email.
We endeavor to allow you to unsubscribe at any time from our email programs by clicking on the unsubscribe link at the bottom of any email message. We reserve the right to send you service announcements or similar administrative messages (for example, if we need to temporarily suspend the I CAN By Canelo Alvarez Services for maintenance), without offering you the opportunity to opt out of receiving them. In addition, because we must communicate with you about orders that you have placed, you cannot opt out of receiving emails relating to your orders.
In the event that we or the I CAN By Canelo Alvarez Services suffers a data security breach that requires us to provide you with notice, such as under applicable law, you consent to allow us to provide you with such notice by sending an e-mail to the primary e-mail address that is associated with your account.
10. Security and Passwords
I CAN By Canelo Alvarez takes what it believes to be commercially reasonable physical, electronic, and procedural safeguards to protect the personal information we collect. However, since no security system is impenetrable and “perfect security” does not exist on the Internet, we cannot guarantee the security of personal information. In addition, any information you include in a post to any message board, discussion group, or other public posting area on the I CAN By Canelo Alvarez Services is available to anyone with Internet access.
If you create an account on the I CAN By Canelo Alvarez Services, you may be asked to choose a password for your account, which can be used to access information associated with your account (including personal information). You should choose a password that is not easy to guess, and does not use words that you would find in a dictionary. Do not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and account, and we will attribute activities that occur using your account information (e.g., through the use of your password) to you.
13. Special Note for California Residents
If you are a California resident, you may have certain additional rights related to the privacy of your personal information. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by I CAN By Canelo Alvarez to third parties for the third parties’ direct marketing purposes. California Business and Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content. Please contact us as shown below to exercise any of your rights under California law.
14. Contacting Us
Canelo Technologies LLC.
9595 Wilshire Blvd
Beverly Hills,, CA 90212
Effective Date: Feb 17, 2020
Thank you for choosing I CAN By Canelo Alvarez to assist in helping meet your fitness and nutrition goals.
By accessing, registering for, browsing, clicking a box to signify your consent, or otherwise using the I CAN by Canelo Alvarez Services, you acknowledge that you have read, understood and agree to be bound by these Terms. I CAN by Canelo Alvarez may, at its sole discretion, revise these Terms from time to time, with the revised terms taking effect on the date of posting. Your continued use of the I CAN by Canelo Alvarez Services after the posting of such revisions constitutes your acceptance of the revised version of these Terms. You should review these Terms on a regular basis, as they are a legally binding agreement between you and I CAN by Canelo Alvarez. READ ALL OF THESE TERMS PRIOR TO ACCESSING OR USING THE I CAN by Canelo Alvarez SERVICES. IF YOU DO NOT INTEND TO ACCEPT THESE TERMS OR ENTER INTO A LEGALLY BINDING AGREEMENT WITH I CAN by Canelo Alvarez, YOU MAY NOT USE THE I CAN by Canelo Alvarez SERVICES.
The fitness, strength and conditioning, and nutrition information and recommendations provided by the I CAN by Canelo Alvarez Services are not intended as a substitute for medical advice from your health care provider. I CAN by Canelo Alvarez is not a medical organization. You acknowledge that all fitness activities, including strength training and conditioning, present inherent risk of possible physical stress and injury, and you acknowledge and agree to assume this entire risk in purchasing and using the I CAN by Canelo Alvarez Services. You further acknowledge that the I CAN by Canelo Alvarez Services and training recommendations are intended for an individual user based on specific input regarding that user and are not intended for the use of anyone besides that specific user.
You represent and warrant that you have consulted a licensed physician or doctor before using any of the I CAN by Canelo Alvarez Services, and any associated methods or practices, to ensure that there are no potential or foreseeable health or injury risks from your use of I CAN by Canelo Alvarez Services.
Some portions of the I CAN by Canelo Alvarez Services may permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image, or photograph. You also agree to promptly notify us at email@example.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the I CAN by Canelo Alvarez Services.
We may suspend or terminate your account and your ability to use the I CAN by Canelo Alvarez Services or portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
Certain features or functionality of the I CAN by Canelo Alvarez Services may allow you to purchase products or services. You agree to pay for all products and services provided through I CAN by Canelo Alvarez that are ordered through your account. You authorize I CAN by Canelo Alvarez to charge your credit card (or other payment instrument) for any products or services purchased and for any additional amounts (including any applicable taxes, late fees, and associated bank fees) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing I CAN by Canelo Alvarez with a valid credit card or form of payment for all fees. All fees will be billed to the credit card you designate during the registration process. If you wish to designate a different credit card or form of payment, then you are solely responsible for changing such information online in your account setting.
All purchases made directly through a I CAN by Canelo Alvarez representative or through I CAN by Canelo Alvarez’ website are final. Please note that if you purchase a subscription through the Apple iTunes Store or the Google Play Store, the sale is final and I CAN by Canelo Alvarez cannot provide a refund. Your purchase will be subject to Apple or Google’s applicable payment policy.
You acknowledge your electronic submissions constitute an agreement and an intent to be bound by and pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the I CAN by Canelo Alvarez Services, including notices of cancellation, policies, contracts, and applications. It is your sole responsibility to review and understand all policies, content, and agreements associated with the use of the I CAN by Canelo Alvarez Services or any products I CAN by Canelo Alvarez may supply.
THE I CAN by Canelo Alvarez SERVICES ARE PROVIDED: (1) WITH ALL FAULTS AS-IS AND AS-AVAILABLE; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; REPAIRS; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. I CAN by Canelo Alvarez, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND ADVERTISERS MAKE NO WARRANTY AND HEREBY DISCLAIM, WHETHER IMPLIED OR STATUTORY, ANY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK, IN CONNECTION WITH YOUR USE OF I CAN by Canelo Alvarez SERVICES, AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING, WITHOUT LIMITATION, THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) BODILY INJURY, DEATH, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
FOR AVOIDANCE OF DOUBT, YOU AGREE THAT YOU MAY NOT RELY, AND I CAN by Canelo Alvarez WILL NOT BE LIABLE FOR YOUR RELIANCE, ON ANY INFORMATION OR OPINIONS EXPRESSED ON THE I CAN by Canelo Alvarez SERVICES, INCLUDING ANY DECISIONS YOU MAKE ABOUT DIAGNOSIS OR TREATMENT. ANY OPINION OR INFORMATION PRESENTED ON THE WEBSITE IS FOR YOUR CONVENIENCE ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
By using or accessing the I CAN by Canelo Alvarez Services, you represent, warrant and agree that you will not:
Without limiting any of the foregoing, you may only use the I CAN by Canelo Alvarez Services for personal noncommercial and lawful purposes. You may not exploit any aspect of the I CAN by Canelo Alvarez Services for any commercial purpose without prior written and signed authorization from I CAN by Canelo Alvarez. You must comply with all state, local, national and international laws, rules and regulations that apply to the I CAN by Canelo Alvarez Services, your use of the I CAN by Canelo Alvarez Services, and any products or services you learn about on the I CAN by Canelo Alvarez Services or access through the I CAN by Canelo Alvarez Services, including but not limited to, any laws governing the sale, use, or promotion of medications and controlled substances.
You acknowledge and agree that the I CAN by Canelo Alvarez Services and any necessary software used in connection with the I CAN by Canelo Alvarez Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as authorized by I CAN by Canelo Alvarez or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the I CAN by Canelo Alvarez Services or the Software, in whole or in part.
Subject to your compliance with these Terms, I CAN by Canelo Alvarez grants you a personal, non-transferable and non-exclusive right and license to access and use the I CAN by Canelo Alvarez Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the I CAN by Canelo Alvarez Services. You agree not to access the I CAN by Canelo Alvarez Services by any means other than through the interface that is provided by I CAN by Canelo Alvarez for use in accessing the I CAN by Canelo Alvarez Services.
“User Content” is any information, graphic, text, image, software, sound file, video, communication, data, metadata, photograph, compilation, work in any form or medium, technology (whether now known or later developed) and other materials that are uploaded, submitted, posted, transmitted, modified, linked, shared, stored or otherwise made available to or on the I CAN by Canelo Alvarez Services by you or other users of the I CAN by Canelo Alvarez Services. You are responsible for all User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available to the I CAN by Canelo Alvarez Services. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available and that public posting and use of that User Content by us will not infringe or violate the rights of any third party in any manner.
You acknowledge and agree that we may publish, transmit, perform, display, store, distribute, reproduce, modify, re-arrange, create derivative works from, and otherwise use all or any portion of User Content for the purpose of administering the I CAN by Canelo Alvarez Services and carrying on the business of I CAN by Canelo Alvarez. You further acknowledge and agree that third parties who provide services to I CAN by Canelo Alvarez may have access to your User Content and use it in connection with their policies and practices and subject to any agreement they may have with I CAN by Canelo Alvarez.
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including on the I CAN by Canelo Alvarez Services and third party web sites) for any and all purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “User Content License”).
By creating User Content, you represent and warrant that the User Content conform to the User Conduct guidelines set forth in these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such User Content in all manners contemplated by these Terms (including the User Content License). These Terms (including the User Content License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to User Content.
You further acknowledge that aspects of the I CAN by Canelo Alvarez Services may be public and accessible by anyone who visits or uses the I CAN by Canelo Alvarez Services. In addition to the rights granted to us and our service providers, your use of the I CAN by Canelo Alvarez Services may allow other users to have access to your User Content which they might copy, modify, distribute, or rely upon even without your express permission to engage in that conduct. Further, you agree to evaluate, and bear all risks associated with, the use of any User Content, including reliance on the accuracy, completeness or usefulness of User Content and any risk that others may be able to identify you based on your User Content.
I CAN by Canelo Alvarez generally does not monitor, approve or have any control over any User Content. Nevertheless, I CAN by Canelo Alvarez or its designees, at I CAN by Canelo Alvarez’ discretion, without any obligation and without notice at any time, may screen, filter, restrict, block, move, refuse, disable access to, remove, or modify User Content that does not meet the conduct guidelines described in these Terms or is otherwise objectionable. I CAN by Canelo Alvarez may also block your access to the I CAN by Canelo Alvarez Services in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate information you provide to I CAN by Canelo Alvarez; (c) we believe that your actions may cause financial loss or legal liability for you, I CAN by Canelo Alvarez users or us; or (d) we believe that blocking access is a reasonable business practice under the circumstances.
We do not guarantee that any content or information you share or access will not be removed, damaged, corrupted, lost, or unavailable. We recommend that you back up any User Content that you store or access using the I CAN by Canelo Alvarez Services.
I CAN by Canelo Alvarez may make available links to websites operated by third parties, including advertisers. Making available any link to a website does not imply endorsement by I CAN by Canelo Alvarez of that website or the products or services available through that website; the link may be for your reference and convenience only. Products, services, and content offered through linked websites are subject to the terms and conditions made available by those respective websites, and the data collection practices of linked websites will be governed by the respective privacy policies of those websites, not by ours. Following links to any other websites or web-based services is at your own risk, and any claims you have with respect to products, services, or content accessed through linked websites are claims against third parties, not against I CAN by Canelo Alvarez.
I CAN by Canelo Alvarez also may post or otherwise provide access to websites, materials, or content of third parties (“Third Party Content”) as a service to those that might be interested in this information. I CAN by Canelo Alvarez does not guarantee, endorse or adopt the accuracy, completeness, legality, or innocuousness of any Third Party Content. I CAN by Canelo Alvarez is not responsible for updating or reviewing Third Party Content. You access and use Third Party Content at your own risk.
You agree that I CAN by Canelo Alvarez is not responsible for examining or evaluating the content or accuracy, and does not warrant and will not have any liability or responsibility for any Third Party Content. You agree to not use any Third Party Content in a manner that would infringe or violate the rights of any other party and that I CAN by Canelo Alvarez is in no way responsible for any such use by you.
You may use the I CAN by Canelo Alvarez Services if and when it is available. Features may be unavailable or the experience may not be the same for every user at all times. I CAN by Canelo Alvarez does not guarantee availability of any aspect of the I CAN by Canelo Alvarez Services or any particular feature. We reserve the right to change, remove, delete, restrict or block access to, or stop providing all or any part of the I CAN by Canelo Alvarez Services (including reducing available storage capacity, if any, and removing any of the content contained in the I CAN by Canelo Alvarez Services) at any time without notice.
You agree that we may terminate your use of the I CAN by Canelo Alvarez Services if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of I CAN by Canelo Alvarez or any third party, or for any other reason with or without notice to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL I CAN by Canelo Alvarez, OUR AFFILIATES, LICENSORS, SUPPLIERS, OR ADVERTISERS BE LIABLE FOR, AND YOU CANNOT RECOVER, ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM (a) THE USE OR THE INABILITY TO USE THE I CAN by Canelo Alvarez SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE I CAN by Canelo Alvarez SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE I CAN by Canelo Alvarez SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT I CAN by Canelo Alvarez IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. I CAN by Canelo Alvarez WILL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED FIFTY U.S. DOLLARS ($50.00). THIS IS YOUR EXCLUSIVE REMEDY. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to release, discharge, defend, indemnify and hold harmless I CAN by Canelo Alvarez, its parents, subsidiaries, officers, directors, employees and agents, assigns, sponsors and supporting artists, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, related to or arising out of your use in any way of the I CAN by Canelo Alvarez Services, including any User Content (defined below) that you provide and your violation of any of these Terms.
I CAN by Canelo Alvarez and its licensors retain full ownership, rights and protection in all material contained on the I CAN by Canelo Alvarez Services (including all digital images, software, HTML code and other code, or business methods), including all intellectual property rights therein, with the exception of User Content. Except as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the I CAN by Canelo Alvarez Services without the prior consent of I CAN by Canelo Alvarez or the copyright owner.
All content of the I CAN by Canelo Alvarez Services is Copyright 2020 CANELO TECHNOLOGIES LLC and its licensors. All rights reserved.
I CAN by Canelo Alvarez respects the intellectual property rights of all third parties. If you are the owner of a United States copyright and you believe that your work has been copied on the I CAN by Canelo Alvarez Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the following information:
(A) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(B) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(C) a description of where the material that you claim is infringing is located on I CAN by Canelo Alvarez Services;
(D) your address, telephone number, and email address;
(E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent, 9595 Wilshire Blvd Suite 502 Beverly Hills,, CA 90212
By email: firstname.lastname@example.org
All trademarks, service marks and trade names of I CAN by Canelo Alvarez, its partners and licensors (including without limitation: I CAN by Canelo Alvarez, the I CAN by Canelo Alvarez logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of I CAN by Canelo Alvarez or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this I CAN by Canelo Alvarez Services, without I CAN by Canelo Alvarez’ prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance by I CAN by Canelo Alvarez.
I CAN by Canelo Alvarez may deliver notice to you under these Terms by means of electronic mail, a general notice on the I CAN by Canelo Alvarez Services, or by written communication delivered by first class U.S. mail.
You may give notice to I CAN by Canelo Alvarez at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
Canelo Technologies LLC.
9595 Wilshire Blvd
Beverly Hills,, CA 90212
We reserve the right to update these Terms from time to time. When we do, we will revise the “Effective Date” at the top of these Terms. We encourage you to check this page periodically for any updates. If you continue use of the I CAN by Canelo Alvarez Services following the posting of an updated version of these Terms, we will treat your continued use as acceptance of the updated version.
If you have any questions about this I CAN by Canelo Alvarez Services or other matters that relate to it, you may contact us at:
Canelo Technologies LLC.
9595 Wilshire Blvd
Beverly Hills,, CA 90212