RealReview Terms and Conditions
Terms and Conditions
Terms of Use
Last Update May 29, 2022
RealReview.ca, LLC and/or its affiliates (“us”, “we”, “our”, or “The Company”) operates this website and the Real Review mobile application (the “Service” or “The Website”). By using or accessing this site, or a subdomain of any such, any mobile application for such websites or any other website operated by us on which these Terms and Conditions are posted via a link or otherwise (each referred to herein as a “Site”), you acknowledge that you agree to and are subject to the following terms and conditions, as well as our Privacy Policy (collectively, the "Terms"). If you do not fully agree to these Terms, Privacy Policy and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use the Site. Under these Terms, "use" or "access" of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term "Site" includes, without limitation, any cached version thereof. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and The Company. You are not authorized to use this Site unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18. If you arrived on the Site after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.
1. The Site is a Venue and We are Not a Party to any Transaction Between Users of the Site.
We urge all users to be responsible with their use of this Site and any transaction entered into as a result of either receiving or submitting a request for a review to be conducted in a respectful, non-discriminatory manner and all Users act in a manner that encourages honest dealings with one another. We do not own or manage, nor can we contract for, any guarantees on the number of reviews to be received on a Site or otherwise managed on the Site. The Website and other Sites act as a venue to allow users, Marketing managers, Business owners, and all mobile or platform users (each, a “member”) to offer requests to write reviews for the business from their own contact list either created on the website or imported to the website, a specific user experience (each, a “user” and, collectively with a member, the “Users”). The Site is a conduit and is not to be held responsible for the actions of its Users. Responsibility for applicable laws, rules, and regulations: Users agree that they are responsible for, and agree to abide by, all laws, rules, and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.
Warnings of Suspicious Activity: While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact. Use of the Service does not give you ownership of any intellectual property rights in the Service or any content posted on the Service. You own what you post on the Service (unless you copied it from someone else) but you grant us a license to copy, host, display, create derivative works from, publish, publicly perform, display, and distribute, and otherwise make use of in connection with providing the Service, all information and content you post so long as you have an active account. All Users also consent to allow the Site, The Company, and its approved staff to review any and all data in connection to fraudulent activity. In the event Fraud is suspected, the Users account will be frozen and risk being deactivated. Local and federal authorities may be contacted and prosecution may result.
2. Limited License to Use the Site.
Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of either receiving or submitting a request for a review of service, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited. THE SERVICE IS PROVIDED “AS-IS” WITHOUT PROMISES OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS/THIRD PARTY VENDORS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE SERVICE, THAT THE SERVICE WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE SERVICE OR ANY ASPECT OF THE SERVICE IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES FOR THE SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SEAWORTHINESS, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE RESPONSIBLE FOR LOST INFORMATION, PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR THESE TERMS OF USE, INCLUDING ANY CLAIM FOR ANY IMPLIED WARRANTY, IS LIMITED TO THE AMOUNT YOU PAID TO US TO USE SERVICE MADE AVAILABLE BY THE SITE.
3. Unauthorized Uses of the Site.
The license to use the Site only extends to the uses expressly described herein. The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine. Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously specifically agreed to by us: Use or access the Site in any way that uses any robot or another automatic device, or manual process to mass send messages to bulk contacts. The use is strictly limited to single individual usage for use or access of the Site; Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever; Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site; Deep-link to any portion of the Site without our express written permission; Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site; Reverse engineer any part of the Site;
Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties; Use any robot, spider, scraper, another automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site; Use the Site and its inquiry functionality other than to request for reviews of products or services, or any other use expressly authorized on the Site; Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability; Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site. If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us as set forth under "Contact Us" below.
4. Proprietary Rights and Downloading of Information from the Site.
The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S., Canada, and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, non-commercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us.
5. Your E-mail Address and Data; Our Privacy Policy; Data Transmittal.
When you provide your e-mail address, name or other information to us in connection with your use or access to the Site, any service or tool provided on the Site or otherwise, you agree to allow the Site and its affiliated websites to add your e-mail address, name or other information provided to our database of users. You may receive one or more promotional e-mails from either the Site or a website of one of The Company’s affiliates. You are welcome to opt not to receive such promotional e-mails from the Site or such affiliates’ websites at any time. Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of, and agreement, with our Privacy Policy. Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States and Canada. In the event that you use any of our tools that we may from time to time offer that integrates in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be fully responsible for how the data or information you have provided to such website is handled.
6. Identity Verification.
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to communicate directly with a user or member through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and relevant details. You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related activities as we may reasonably request. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want to be performed. All users engage, transact and communicate at costs, liability and risk of their own and not to be shared by The Company. EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE COMPANY AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your account or transaction(s) at any time even without receiving notice from you if we suspect, in our sole discretion, that your account or transaction(s) with us or your email account is being used in an unauthorized or fraudulent manner.
7. Limitations on Communications and Use of Other Users’ Information; No Spam.
You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site. Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent. In all cases, you must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site. Messages within The Website are protected for private use but available to The Company limited staff for reviewing in the event the user is suspected of being fraudulent or participating in fraudulent activities.
8. Responsibility for Reviews, and Other User-contributed Content; Participation in Interactive Forums.
We have no duty to pre-screen content posted on the Site by members or users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, reviews of a product, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a user to the Site), (collectively, “user contributed content”). We are not responsible for user contributed content. “User-contributed content” also includes information that a user or any other person provided to a third party website or mobile application which is then provided to our Site by a tool we offer or any other exchange of user-contributed content we have authorized. We reserve the right to decline to permit the posting on the Site of or to remove from the Site any user contributed content that fails to meet our Content Guidelines, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content, as determined by our consent. Finally, we reserve the right, but do not assume the obligation, to edit a member’s content or user contributed content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements or to provide services to members. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading. At a minimum, user-contributed content must (as determined by us in our discretion): not infringe anyone's rights, violate the law or otherwise be inappropriate; not include personal information of another that can be used to identify or contact any person; not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations; be directly related to the Site, business service, product or forum where the content is submitted; not be obscene, abusive, discriminatory or illegal content; or not be false or misleading. Reviews: All reviews on the Site are the sole responsibility of the user and we specifically disclaim any and all liability arising from the alleged accuracy of the reviews, or any alleged breaches of contract on a user's part. Users are solely responsible for the content that they post. We do not represent or warrant that any of the copy, content, reviews, or information published on the Site is accurate or up-to-date. We assume no responsibility to verify review content and descriptions. Responsibility for All Other User Contributed Content: All other user-contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third party website. Users are solely responsible for their user contributed content and we specifically disclaim all liability for user contributed content. The user represents and warrants that the user owns or otherwise controls and have all legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user-generated content without such proof or if such proof is, in our sole discretion, insufficient. License and Rights Granted to Us: By submitting or authorizing user-contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user contributed content, in connection with our business or the business of our affiliates. You further grant us and our affiliates the ability to copyright and protect the user-contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution. In the event that it is determined that you retain any rights of attribution, integrity or any other moral rights in any user-contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates. Privacy Policy: We adhere to strong principles of privacy. You agree that we may access and use your user contributed content in accordance with these Terms or our Privacy Policy and we agree that we will only disclose your user contributed content in accordance with these Terms and our Privacy Policy.
9. Social Media or Third Party Websites.
If the Site offers a tool or service which allows us to access or use any profile or other information about you that you have provided to Facebook or another third party website (each a “Social Media Site”) and you decide to use such a tool or service, you acknowledge and agree that:
10. Notification of Infringement; DMCA Policy.
We respect the intellectual property rights of others, and The Company does not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. The Company will terminate, in appropriate circumstances, a member or user who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement.
11. Unsolicited Ideas and Feedback.
Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“Feedback”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of The Company, without any compensation to you; (2) The Company may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for The Company to review any submission; and (4) there is no obligation to keep any submission confidential. Feedback on our Business: We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the links under “General – Contact Us” below or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidentially and we reserve the right to use or disclose such information in any manner. To provide feedback, you can contact us as provided under “Contact Us” or within a landlord or tenant account under “Support”.
12. Software Available on the Site.
The Site is controlled and operated by The Company or an affiliate of The Company in the United States. Software available on the Site (the “Software”) is subject to United States export controls. No Software available on the Site or software available any other site operated by The Company or an affiliate of The Company in the United States may be downloaded or otherwise exported or re-exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. All Software is the copyrighted work of The Company, an affiliate of The Company or an identified third party. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal, non transferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
13. Links to Third Party Sites.
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms. The Company provides access to third-party sites and companies and any purchase of a third party product is subject to that company's terms and conditions and The Company is in no way responsible for the delivery, rebates, guarantees or any other expectation of the third party purchase. The Company offers the location to hold members and users information as a marketplace, and therefore any purchase of third-party products needs to be handled with the third party. Transactions by third party vendors are final and with no refunds. Any disputes should be taken up with the third party. All sales of third-party products are final.
14. Limitation of Liability.
IN NO EVENT WILL THE COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, OR ANY THIRD PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A THE COMPANY’s (EACH A “THIRD PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY (E) ANY USER CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVE A COMMISSION OR FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF THE COMPANY, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
15. Disclaimers.
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION,, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THE MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, OR THE TRUTH OR ACCURACY OF ANY REVIEW POSTING OR OTHER CONTENT PROVIDED ON THE SITE. YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
16. Release; Indemnification.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
17. Jurisdiction; Choice of Law and Forum; Time Limit.
THIS SITE IS OPERATED BY US IN THE CANADA AND WE MAKE NO WARRANTY THAT THE MATERIALS AND CONTENT ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF CANADA. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OUTSIDE CANADA DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR LOCAL LAWS, IF AND TO THE EXTENT THAT LOCAL LAWS ARE APPLICABLE. YOU IRREVOCABLY AGREE AND CONSENT THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN THE STATE OR FEDERAL COURTS IN ONTARIO, CANADA, WHICH YOU ACKNOWLEDGE, CONSENT TO AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO, CANADA, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES. ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN THE PROVINCE OF ONTARIO, CANADA, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.
18. GENERAL
Your agreement to abide by these Terms, the Privacy Policy and any other terms posted on any Site, with respect to any Site you use, is between you and the entity listed above operating such Site. No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by these Terms or your use of the Site. Notices: Except as explicitly stated otherwise, any notices to us shall be given by postal mail to the reference in the Contact Us section. When we need to send you a notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). The notice shall be deemed given upon receipt or 24 hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address. Changes to the Site or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability. This version of the Terms became effective on the date set forth above and this version amends the version effective prior to such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent and you acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive in nature. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a Tenant, or any other user other than a member, is to discontinue your use of the Site, and (ii) your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When members renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above. We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product or service. We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any user. Any such terms and conditions will not be enforceable unless specifically agreed to by us. The types of products and services (including the features, terms, and operation thereof) offered at the time of a member’s subscription or sign up for a non-subscription based listing are subject to the descriptions displayed at the time of use and/or purchase and are subject to change without notice or approval. We further reserve the right to offer additional products, services or features for purchase at any time. See also the section below relating to auto-renewal of subscriptions. Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer. Enforcement of These Terms: We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach. Entire Agreement, Conflict, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. Assignment: We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
19. Uses of Our Trademarks or Logos.
There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The Company name and logo and those of The Company and our affiliates are registered trademarks. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirts, etc.
20. Hypertext Links.
We reserve the right to refuse hypertext links to, or addresses of, other websites from members' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
21. Subscription Term, Refund Requests, and Termination.
Subscription Term: All subscription listings are sold to run the full term that is chosen by the member. The term starts on the date that the member submits the full or initial (as applicable) payment and expires on the last date of the term chosen by the member. For example, for an annual subscription term, if the member submits payment for the subscription on July 1st, the subscription would expire on June 30 of the following year. Refund Requests: Generally, no refunds are available. All sales are final by The Company and or third-party sales. If you feel a refund is needed such requests can be reviewed, but the purchase is done with the understanding that there is a no refund policy and all sales are final. Refund Requests for Subscriptions: All subscription purchases are final and non-refundable. Subscriptions whether daily, weekly, monthly or with a date range that is pre-established and set up for recurring charges must be changed to a free version or canceled prior to the date and time of the charge. Once invoiced and charged the funds are non-refundable. Requests may be reviewed, but due to the nature of The Company being charged for white label services and other user-related costs - all transactions are final. If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your account will remain actively subscribed for the entire subscription period without refund. Our Right to Terminate a users account: If in our sole discretion, any member submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such member’s subscription(s) or posting(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party, in our sole discretion, warrants the immediate removal of such member’s posting from the Site, then we may immediately terminate such member’s posts and terminate a users account, without notice to the member and without refund. We assume no duty to investigate complaints.
22. Registration and Account Security
User commitments In protecting user information users also commit to the following: You will not provide any false personal information, or create an account for anyone other than yourself without permission. If we disable your account, you will not create another one without our permission. You will not use The Website for any illegal activity of any sort. You will not use The Website if you are under 13. You will keep your contact information accurate and up-to-date. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
23. Payments
Indemnification. You agree to defend, indemnify and hold harmless The Company, our Financial Institution Partners, and our and their respective officers, directors, agents, employees, and suppliers from any third party claims, actions, proceedings, and suits and related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys' fees and other litigation expenses) arising from: (a) your violation of these Terms or any other applicable terms or policies of The Company or our Financial Institution Partners; (b) your use of the The Company Payments; or (c) your negligence or willful misconduct; and/or (d) your actual or alleged violation of any third party rights, or any applicable laws, regulations or rules. Limitation of liability. IN NO EVENT SHALL THE COMPANY, OUR FINANCIAL INSTITUTION PARTNERS, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES INCURRED IN CONNECTION WITH: (i) THESE TERMS, (ii) YOUR USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE COMPANY PAYMENTS, OR (iii) ANY GOODS OR SERVICES PURCHASED, RECEIVED, OR PAID FOR USING THE SITE PAYMENTS, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, REGARDLESS OF WHETHER THE COMPANY OR OUR FINANCIAL INSTITUTION PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY OR EACH OF OUR FINANCIAL INSTITUTION PARTNERS’ LIABILITY AND THE LIABILITY OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS EXCEED THE FEES THE COMPANY HAS RECEIVED FROM YOU THROUGH YOUR USE OF THE THE COMPANY SERVICES. THE COMPANY AND OUR FINANCIAL INSTITUTION PARTNERS SHALL NOT BE JOINTLY LIABLE FOR ANY MATTERS HEREUNDER. THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. No warranty. THE THE COMPANY SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. USE THE COMPANY SERVICES IS AT YOUR OWN RISK. THE COMPANY, OUR FINANCIAL INSTITUTION PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER The Company NOR OUR FINANCIAL INSTITUTION PARTNERS HAVE CONTROL OF, OR LIABILITY FOR, ANY PRODUCTS OR SERVICES THAT ARE PAID FOR USING THE COMPANY SERVICES AND CANNOT ENSURE THAT ANY THIRD PARTY YOU TRANSACT WITH WILL COMPLETE THE TRANSACTION. NEITHER THE COMPANY NOR OUR FINANCIAL INSTITUTION PARTNERS REPRESENT OR WARRANT THAT THE SITE Payments WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SITE Payments WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. NEITHER THE COMPANY NOR OUR FINANCIAL INSTITUTION PARTNERS SHALL BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE PROCESSING, COMPLETION, OR SETTLEMENT OF SITE SERVICES TRANSACTIONS. THIS DISCLAIMER OF WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
24. Consent to receive electronic Communications.
Communications. By opening an Account and using The Website, you consent to receive all Communications from The Company electronically and you confirm that you can access, receive and retain such Communications. “Communications” means all communications, terms, disclosures, notices, and statements that we provide to you in connection with your Account and your use of The Website Payments. We provide Communications to you by posting them on The Website, sending to your Site account or by emailing them to you at the email address associated with your Account. Notices to you. Communication will be considered to be received by you within 24 hours after the time we post it to our website or email it to you. Hardware and software requirements. In order to access and retain Communications electronically, you need the following hardware and software: A computer, laptop, smartphone, or another device, that is Internet-enabled A valid email account associated with your Account; A web browser which includes 128-bit encryption, such as current versions of Chrome, Internet Explorer, Firefox, or Safari, with cookies enabled; and Data storage to save Communications electronically or an installed printer to print them. Keeping your contact information updated. You must keep your email address updated in order to receive Communications from The Company electronically. To update the email address associated with your Account, log into your Account on The Website and access the settings menu. Requesting paper copies. You may request a paper copy of a Communication that we provided to you electronically by contacting us as set out in Section 2.7 (How to contact us regarding electronic Communications). We will send it to the mailing address on file for your Account. The Company may charge you a fee of $5.00 for each paper copy of a Communication sent to you. Withdrawing consent. You may withdraw your consent to receive Communications electronically by contacting us as set out in Section 2.7 (How to contact us regarding electronic Communications). If you withdraw your consent, The Company may prohibit you from using the The Website Payments and may close your Account. How to contact us regarding electronic Communications. If you have any questions regarding our policy on electronic Communications, please email us at the contacts listing in the Contact Us section. 24. Use of Third Party contracts notices and other documentation and E-signature Users agree that all e-signatures provided to each other or The Company are binding and as if they used their own pen signatures. All contracts and commitments and binding. USER REPRESENTS THAT USER HAS ALL RIGHTS REQUIRED TO MAKE AVAILABLE AND DISTRIBUTE THE MATERIALS WITHIN CONTRACTS. EXCEPT FOR SUCH REPRESENTATION, THE MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. USER CONFIRMS THEY HAVE NOT STOLEN OR REPRODUCED ANY CONTRACTS WITHOUT PROPER PAYMENT OR APPROVAL FROM THIRD PARTIES FOR THE USE OF CONTRACTS AND NOTICES. THE COMPANY HAS NOT PROVIDED IT DOCUMENT AND E-SIGNATURE SERVICES FOR THE PURPOSE OF STEALING AND REPRODUCES THIRD PARTY CONTRACTS. USER CAN LOSE THEIR ABILITY TO ACCESS THE SITE IN THE EVENT THEY ARE FOUND TO BE PARTICIPATING IN SUCH FRAUDULENT ACTIVITIES.
25. User Accounts.
Use of the Sites and any products and services purchased or rendered therein, may be used through User Accounts. Such User Accounts shall be accessible through the use of a combination of a unique User ID and a unique, secret password as well as potentially other optional authentication methods as may or may not be provided by us (the User ID, Password, and any other authentication feature together being referred to as the “Login Credentials”). You represent that all information provided by you for Login Credentials is accurate and current. Users are obligated to choose their own User ID and Password in accordance with the rules relating thereto. You agree that you are solely responsible for all use of the Service under your Login Credentials and that you shall not disclose such to any person whatsoever nor permit another person to use the website via your User Account as also provided in the User Conduct provision herein. We do not guarantee the availability or use of any particular User ID. User IDs and other identifying Login Credentials or usernames must not be in any way unlawful, illegal, fraudulent or harmful, harassing or infringe any third party’s legal rights. We reserve the right to terminate User Accounts for any violation of these Terms of Use in our sole discretion.
38. User Content.
You are solely responsible for any written or electronic communications that you submit by or through the Sites, including but not limited to any information relating to your account, any statements, writings, content, copyrightable subject matter, audio, visual or audiovisual materials, graphical images, text or other content (“User Content”), and we may refuse to post or may delete any User Content for any or no reason, including User Content that, in our sole judgment, violates these Terms of Use or which may be offensive, illegal or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. You represent, warrant and covenant to us that all User Content you provide is true and accurate to the best of your knowledge. You may not post, transmit, or share User Content that you did not create or that you do not have permission to post.. We assume no responsibility for monitoring the Sites to detect inappropriate User Content or conduct. We reserve the right to, any time we choose, in our sole discretion, monitor the Sites and remove any User Content we deem to violate these Terms of Use. By doing so, we do not assume any further responsibility for any removed User Content, and we will not have any future or continuing obligation to monitor, modify or remove any inappropriate User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Sites or provide to us. You assume full responsibility for, and agree to indemnify us against any liability arising out of, any and all User Content that you post on or through the Sites or its related services, as well as for any material or information that you transmit to other users of the Sites and for your interactions with other users. We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You hereby grant to us a worldwide, non-exclusive, royalty-free, irrevocable, transferable, sub-licenseable right and license to publicly display, sell, rent, and distribute such User Content; provided, however, that we shall maintain the confidentiality of any information solicited by the Sites from you if designated as confidential by the Sites (except that, to the extent so indicated on the Sites at the time of submission. You represent, warrant and covenant that, with respect to all of your User Content, you have all rights necessary to grant the foregoing rights and licenses, and that the User Content does not violate any law or the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any other person or entity. You shall indemnify, defend and hold us, our partners, our affiliates, and our users harmless from and against any claim, demand or cause of action asserted by any third party alleging, directly or indirectly, that your User Content violates any law or violates or infringes upon any third party intellectual property rights of any kind or nature, of that such User Content was inaccurate or misleading.
39. User Conduct.
You agree to only use the Sites for its intended purposes. In addition, you agree not to use the Sites to: harvest or collect email addresses or other contact information of other users from the Sites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; any way harm, damage, disable, overburden or impair the Sites; use automated scripts and/or technologies to collect information from or otherwise interact with the Sites; upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; upload, post, transmit, share, store or otherwise make available any videos; register for more than one user account as an individual or more than one user account for any legally incorporated business entity, register for a user account on behalf of an individual other than yourself or a legally incorporated business entity to which you have legal authority to manage such user account; or register for a user account on behalf of any group or entity; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or misrepresent any information; upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, transmit, share, store or otherwise make publicly available on the Sites any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; solicit personal information from anyone under the age of eighteen (18) or solicit passwords or personally identifying information for commercial or unlawful purposes; upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another individual, including your tenant(s) or landlord whether on-site or offline; upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; use or attempt to use another's account, service or system without authorization from Us, or create a false identity on the Sites; upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose us or our users to any harm or liability of any type; circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Sites; covering or obscuring the advertisements on any Sites page via HTML/CSS or any other means; any automated use of the system, such as, but not limited to, using scripts to inappropriately add or take away information to your account or any other profile of another user or send comments or messages; interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites; using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your account; and displaying an unauthorized commercial advertisement on your account (an unauthorized commercial advertisement means any type of commercial advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Sites on behalf of that person, such as placing commercial content on your account, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose. Contact Us If you have any questions or requests regarding this Privacy Policy or your Personal Information, please contact us at:
MQ Solutions Corp Unit 117 - 8175 Yonge street, Thornhill ON, L3T 2C6
[email protected]
Terms of Use
Last Update May 29, 2022
RealReview.ca, LLC and/or its affiliates (“us”, “we”, “our”, or “The Company”) operates this website and the Real Review mobile application (the “Service” or “The Website”). By using or accessing this site, or a subdomain of any such, any mobile application for such websites or any other website operated by us on which these Terms and Conditions are posted via a link or otherwise (each referred to herein as a “Site”), you acknowledge that you agree to and are subject to the following terms and conditions, as well as our Privacy Policy (collectively, the "Terms"). If you do not fully agree to these Terms, Privacy Policy and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use the Site. Under these Terms, "use" or "access" of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term "Site" includes, without limitation, any cached version thereof. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and The Company. You are not authorized to use this Site unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18. If you arrived on the Site after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.
1. The Site is a Venue and We are Not a Party to any Transaction Between Users of the Site.
We urge all users to be responsible with their use of this Site and any transaction entered into as a result of either receiving or submitting a request for a review to be conducted in a respectful, non-discriminatory manner and all Users act in a manner that encourages honest dealings with one another. We do not own or manage, nor can we contract for, any guarantees on the number of reviews to be received on a Site or otherwise managed on the Site. The Website and other Sites act as a venue to allow users, Marketing managers, Business owners, and all mobile or platform users (each, a “member”) to offer requests to write reviews for the business from their own contact list either created on the website or imported to the website, a specific user experience (each, a “user” and, collectively with a member, the “Users”). The Site is a conduit and is not to be held responsible for the actions of its Users. Responsibility for applicable laws, rules, and regulations: Users agree that they are responsible for, and agree to abide by, all laws, rules, and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.
Warnings of Suspicious Activity: While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact. Use of the Service does not give you ownership of any intellectual property rights in the Service or any content posted on the Service. You own what you post on the Service (unless you copied it from someone else) but you grant us a license to copy, host, display, create derivative works from, publish, publicly perform, display, and distribute, and otherwise make use of in connection with providing the Service, all information and content you post so long as you have an active account. All Users also consent to allow the Site, The Company, and its approved staff to review any and all data in connection to fraudulent activity. In the event Fraud is suspected, the Users account will be frozen and risk being deactivated. Local and federal authorities may be contacted and prosecution may result.
2. Limited License to Use the Site.
Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of either receiving or submitting a request for a review of service, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited. THE SERVICE IS PROVIDED “AS-IS” WITHOUT PROMISES OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS/THIRD PARTY VENDORS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE SERVICE, THAT THE SERVICE WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE SERVICE OR ANY ASPECT OF THE SERVICE IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES FOR THE SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SEAWORTHINESS, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE RESPONSIBLE FOR LOST INFORMATION, PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR THESE TERMS OF USE, INCLUDING ANY CLAIM FOR ANY IMPLIED WARRANTY, IS LIMITED TO THE AMOUNT YOU PAID TO US TO USE SERVICE MADE AVAILABLE BY THE SITE.
3. Unauthorized Uses of the Site.
The license to use the Site only extends to the uses expressly described herein. The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine. Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously specifically agreed to by us: Use or access the Site in any way that uses any robot or another automatic device, or manual process to mass send messages to bulk contacts. The use is strictly limited to single individual usage for use or access of the Site; Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever; Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site; Deep-link to any portion of the Site without our express written permission; Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site; Reverse engineer any part of the Site;
Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties; Use any robot, spider, scraper, another automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site; Use the Site and its inquiry functionality other than to request for reviews of products or services, or any other use expressly authorized on the Site; Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability; Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site. If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us as set forth under "Contact Us" below.
4. Proprietary Rights and Downloading of Information from the Site.
The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S., Canada, and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, non-commercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us.
5. Your E-mail Address and Data; Our Privacy Policy; Data Transmittal.
When you provide your e-mail address, name or other information to us in connection with your use or access to the Site, any service or tool provided on the Site or otherwise, you agree to allow the Site and its affiliated websites to add your e-mail address, name or other information provided to our database of users. You may receive one or more promotional e-mails from either the Site or a website of one of The Company’s affiliates. You are welcome to opt not to receive such promotional e-mails from the Site or such affiliates’ websites at any time. Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of, and agreement, with our Privacy Policy. Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States and Canada. In the event that you use any of our tools that we may from time to time offer that integrates in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be fully responsible for how the data or information you have provided to such website is handled.
6. Identity Verification.
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to communicate directly with a user or member through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and relevant details. You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related activities as we may reasonably request. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want to be performed. All users engage, transact and communicate at costs, liability and risk of their own and not to be shared by The Company. EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE COMPANY AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your account or transaction(s) at any time even without receiving notice from you if we suspect, in our sole discretion, that your account or transaction(s) with us or your email account is being used in an unauthorized or fraudulent manner.
7. Limitations on Communications and Use of Other Users’ Information; No Spam.
You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site. Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent. In all cases, you must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site. Messages within The Website are protected for private use but available to The Company limited staff for reviewing in the event the user is suspected of being fraudulent or participating in fraudulent activities.
8. Responsibility for Reviews, and Other User-contributed Content; Participation in Interactive Forums.
We have no duty to pre-screen content posted on the Site by members or users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, reviews of a product, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a user to the Site), (collectively, “user contributed content”). We are not responsible for user contributed content. “User-contributed content” also includes information that a user or any other person provided to a third party website or mobile application which is then provided to our Site by a tool we offer or any other exchange of user-contributed content we have authorized. We reserve the right to decline to permit the posting on the Site of or to remove from the Site any user contributed content that fails to meet our Content Guidelines, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content, as determined by our consent. Finally, we reserve the right, but do not assume the obligation, to edit a member’s content or user contributed content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements or to provide services to members. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading. At a minimum, user-contributed content must (as determined by us in our discretion): not infringe anyone's rights, violate the law or otherwise be inappropriate; not include personal information of another that can be used to identify or contact any person; not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations; be directly related to the Site, business service, product or forum where the content is submitted; not be obscene, abusive, discriminatory or illegal content; or not be false or misleading. Reviews: All reviews on the Site are the sole responsibility of the user and we specifically disclaim any and all liability arising from the alleged accuracy of the reviews, or any alleged breaches of contract on a user's part. Users are solely responsible for the content that they post. We do not represent or warrant that any of the copy, content, reviews, or information published on the Site is accurate or up-to-date. We assume no responsibility to verify review content and descriptions. Responsibility for All Other User Contributed Content: All other user-contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third party website. Users are solely responsible for their user contributed content and we specifically disclaim all liability for user contributed content. The user represents and warrants that the user owns or otherwise controls and have all legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user-generated content without such proof or if such proof is, in our sole discretion, insufficient. License and Rights Granted to Us: By submitting or authorizing user-contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user contributed content, in connection with our business or the business of our affiliates. You further grant us and our affiliates the ability to copyright and protect the user-contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution. In the event that it is determined that you retain any rights of attribution, integrity or any other moral rights in any user-contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates. Privacy Policy: We adhere to strong principles of privacy. You agree that we may access and use your user contributed content in accordance with these Terms or our Privacy Policy and we agree that we will only disclose your user contributed content in accordance with these Terms and our Privacy Policy.
9. Social Media or Third Party Websites.
If the Site offers a tool or service which allows us to access or use any profile or other information about you that you have provided to Facebook or another third party website (each a “Social Media Site”) and you decide to use such a tool or service, you acknowledge and agree that:
- (i) The information or content that are a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”) may be accessed and used by us in connection with the Site;
- (ii) The Social Media Content will be considered “user-generated content” under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to user-generated content under these Terms;
- (iii) In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
- (iv) The operation of your profile and account with and on the Social Media Site shall continue to be governed by the terms and conditions and privacy policy of such Social Media Site.
10. Notification of Infringement; DMCA Policy.
We respect the intellectual property rights of others, and The Company does not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. The Company will terminate, in appropriate circumstances, a member or user who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement.
11. Unsolicited Ideas and Feedback.
Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“Feedback”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of The Company, without any compensation to you; (2) The Company may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for The Company to review any submission; and (4) there is no obligation to keep any submission confidential. Feedback on our Business: We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the links under “General – Contact Us” below or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidentially and we reserve the right to use or disclose such information in any manner. To provide feedback, you can contact us as provided under “Contact Us” or within a landlord or tenant account under “Support”.
12. Software Available on the Site.
The Site is controlled and operated by The Company or an affiliate of The Company in the United States. Software available on the Site (the “Software”) is subject to United States export controls. No Software available on the Site or software available any other site operated by The Company or an affiliate of The Company in the United States may be downloaded or otherwise exported or re-exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. All Software is the copyrighted work of The Company, an affiliate of The Company or an identified third party. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal, non transferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
13. Links to Third Party Sites.
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms. The Company provides access to third-party sites and companies and any purchase of a third party product is subject to that company's terms and conditions and The Company is in no way responsible for the delivery, rebates, guarantees or any other expectation of the third party purchase. The Company offers the location to hold members and users information as a marketplace, and therefore any purchase of third-party products needs to be handled with the third party. Transactions by third party vendors are final and with no refunds. Any disputes should be taken up with the third party. All sales of third-party products are final.
14. Limitation of Liability.
IN NO EVENT WILL THE COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, OR ANY THIRD PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A THE COMPANY’s (EACH A “THIRD PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY (E) ANY USER CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVE A COMMISSION OR FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF THE COMPANY, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
15. Disclaimers.
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION,, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THE MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, OR THE TRUTH OR ACCURACY OF ANY REVIEW POSTING OR OTHER CONTENT PROVIDED ON THE SITE. YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
16. Release; Indemnification.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
17. Jurisdiction; Choice of Law and Forum; Time Limit.
THIS SITE IS OPERATED BY US IN THE CANADA AND WE MAKE NO WARRANTY THAT THE MATERIALS AND CONTENT ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF CANADA. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OUTSIDE CANADA DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR LOCAL LAWS, IF AND TO THE EXTENT THAT LOCAL LAWS ARE APPLICABLE. YOU IRREVOCABLY AGREE AND CONSENT THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN THE STATE OR FEDERAL COURTS IN ONTARIO, CANADA, WHICH YOU ACKNOWLEDGE, CONSENT TO AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO, CANADA, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES. ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN THE PROVINCE OF ONTARIO, CANADA, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.
18. GENERAL
Your agreement to abide by these Terms, the Privacy Policy and any other terms posted on any Site, with respect to any Site you use, is between you and the entity listed above operating such Site. No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by these Terms or your use of the Site. Notices: Except as explicitly stated otherwise, any notices to us shall be given by postal mail to the reference in the Contact Us section. When we need to send you a notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). The notice shall be deemed given upon receipt or 24 hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address. Changes to the Site or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability. This version of the Terms became effective on the date set forth above and this version amends the version effective prior to such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent and you acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive in nature. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a Tenant, or any other user other than a member, is to discontinue your use of the Site, and (ii) your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When members renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above. We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product or service. We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any user. Any such terms and conditions will not be enforceable unless specifically agreed to by us. The types of products and services (including the features, terms, and operation thereof) offered at the time of a member’s subscription or sign up for a non-subscription based listing are subject to the descriptions displayed at the time of use and/or purchase and are subject to change without notice or approval. We further reserve the right to offer additional products, services or features for purchase at any time. See also the section below relating to auto-renewal of subscriptions. Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer. Enforcement of These Terms: We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach. Entire Agreement, Conflict, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. Assignment: We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
19. Uses of Our Trademarks or Logos.
There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The Company name and logo and those of The Company and our affiliates are registered trademarks. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirts, etc.
20. Hypertext Links.
We reserve the right to refuse hypertext links to, or addresses of, other websites from members' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
21. Subscription Term, Refund Requests, and Termination.
Subscription Term: All subscription listings are sold to run the full term that is chosen by the member. The term starts on the date that the member submits the full or initial (as applicable) payment and expires on the last date of the term chosen by the member. For example, for an annual subscription term, if the member submits payment for the subscription on July 1st, the subscription would expire on June 30 of the following year. Refund Requests: Generally, no refunds are available. All sales are final by The Company and or third-party sales. If you feel a refund is needed such requests can be reviewed, but the purchase is done with the understanding that there is a no refund policy and all sales are final. Refund Requests for Subscriptions: All subscription purchases are final and non-refundable. Subscriptions whether daily, weekly, monthly or with a date range that is pre-established and set up for recurring charges must be changed to a free version or canceled prior to the date and time of the charge. Once invoiced and charged the funds are non-refundable. Requests may be reviewed, but due to the nature of The Company being charged for white label services and other user-related costs - all transactions are final. If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your account will remain actively subscribed for the entire subscription period without refund. Our Right to Terminate a users account: If in our sole discretion, any member submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such member’s subscription(s) or posting(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party, in our sole discretion, warrants the immediate removal of such member’s posting from the Site, then we may immediately terminate such member’s posts and terminate a users account, without notice to the member and without refund. We assume no duty to investigate complaints.
22. Registration and Account Security
User commitments In protecting user information users also commit to the following: You will not provide any false personal information, or create an account for anyone other than yourself without permission. If we disable your account, you will not create another one without our permission. You will not use The Website for any illegal activity of any sort. You will not use The Website if you are under 13. You will keep your contact information accurate and up-to-date. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
23. Payments
Indemnification. You agree to defend, indemnify and hold harmless The Company, our Financial Institution Partners, and our and their respective officers, directors, agents, employees, and suppliers from any third party claims, actions, proceedings, and suits and related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys' fees and other litigation expenses) arising from: (a) your violation of these Terms or any other applicable terms or policies of The Company or our Financial Institution Partners; (b) your use of the The Company Payments; or (c) your negligence or willful misconduct; and/or (d) your actual or alleged violation of any third party rights, or any applicable laws, regulations or rules. Limitation of liability. IN NO EVENT SHALL THE COMPANY, OUR FINANCIAL INSTITUTION PARTNERS, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES INCURRED IN CONNECTION WITH: (i) THESE TERMS, (ii) YOUR USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE COMPANY PAYMENTS, OR (iii) ANY GOODS OR SERVICES PURCHASED, RECEIVED, OR PAID FOR USING THE SITE PAYMENTS, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, REGARDLESS OF WHETHER THE COMPANY OR OUR FINANCIAL INSTITUTION PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY OR EACH OF OUR FINANCIAL INSTITUTION PARTNERS’ LIABILITY AND THE LIABILITY OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS EXCEED THE FEES THE COMPANY HAS RECEIVED FROM YOU THROUGH YOUR USE OF THE THE COMPANY SERVICES. THE COMPANY AND OUR FINANCIAL INSTITUTION PARTNERS SHALL NOT BE JOINTLY LIABLE FOR ANY MATTERS HEREUNDER. THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. No warranty. THE THE COMPANY SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. USE THE COMPANY SERVICES IS AT YOUR OWN RISK. THE COMPANY, OUR FINANCIAL INSTITUTION PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER The Company NOR OUR FINANCIAL INSTITUTION PARTNERS HAVE CONTROL OF, OR LIABILITY FOR, ANY PRODUCTS OR SERVICES THAT ARE PAID FOR USING THE COMPANY SERVICES AND CANNOT ENSURE THAT ANY THIRD PARTY YOU TRANSACT WITH WILL COMPLETE THE TRANSACTION. NEITHER THE COMPANY NOR OUR FINANCIAL INSTITUTION PARTNERS REPRESENT OR WARRANT THAT THE SITE Payments WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SITE Payments WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. NEITHER THE COMPANY NOR OUR FINANCIAL INSTITUTION PARTNERS SHALL BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE PROCESSING, COMPLETION, OR SETTLEMENT OF SITE SERVICES TRANSACTIONS. THIS DISCLAIMER OF WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
24. Consent to receive electronic Communications.
Communications. By opening an Account and using The Website, you consent to receive all Communications from The Company electronically and you confirm that you can access, receive and retain such Communications. “Communications” means all communications, terms, disclosures, notices, and statements that we provide to you in connection with your Account and your use of The Website Payments. We provide Communications to you by posting them on The Website, sending to your Site account or by emailing them to you at the email address associated with your Account. Notices to you. Communication will be considered to be received by you within 24 hours after the time we post it to our website or email it to you. Hardware and software requirements. In order to access and retain Communications electronically, you need the following hardware and software: A computer, laptop, smartphone, or another device, that is Internet-enabled A valid email account associated with your Account; A web browser which includes 128-bit encryption, such as current versions of Chrome, Internet Explorer, Firefox, or Safari, with cookies enabled; and Data storage to save Communications electronically or an installed printer to print them. Keeping your contact information updated. You must keep your email address updated in order to receive Communications from The Company electronically. To update the email address associated with your Account, log into your Account on The Website and access the settings menu. Requesting paper copies. You may request a paper copy of a Communication that we provided to you electronically by contacting us as set out in Section 2.7 (How to contact us regarding electronic Communications). We will send it to the mailing address on file for your Account. The Company may charge you a fee of $5.00 for each paper copy of a Communication sent to you. Withdrawing consent. You may withdraw your consent to receive Communications electronically by contacting us as set out in Section 2.7 (How to contact us regarding electronic Communications). If you withdraw your consent, The Company may prohibit you from using the The Website Payments and may close your Account. How to contact us regarding electronic Communications. If you have any questions regarding our policy on electronic Communications, please email us at the contacts listing in the Contact Us section. 24. Use of Third Party contracts notices and other documentation and E-signature Users agree that all e-signatures provided to each other or The Company are binding and as if they used their own pen signatures. All contracts and commitments and binding. USER REPRESENTS THAT USER HAS ALL RIGHTS REQUIRED TO MAKE AVAILABLE AND DISTRIBUTE THE MATERIALS WITHIN CONTRACTS. EXCEPT FOR SUCH REPRESENTATION, THE MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. USER CONFIRMS THEY HAVE NOT STOLEN OR REPRODUCED ANY CONTRACTS WITHOUT PROPER PAYMENT OR APPROVAL FROM THIRD PARTIES FOR THE USE OF CONTRACTS AND NOTICES. THE COMPANY HAS NOT PROVIDED IT DOCUMENT AND E-SIGNATURE SERVICES FOR THE PURPOSE OF STEALING AND REPRODUCES THIRD PARTY CONTRACTS. USER CAN LOSE THEIR ABILITY TO ACCESS THE SITE IN THE EVENT THEY ARE FOUND TO BE PARTICIPATING IN SUCH FRAUDULENT ACTIVITIES.
25. User Accounts.
Use of the Sites and any products and services purchased or rendered therein, may be used through User Accounts. Such User Accounts shall be accessible through the use of a combination of a unique User ID and a unique, secret password as well as potentially other optional authentication methods as may or may not be provided by us (the User ID, Password, and any other authentication feature together being referred to as the “Login Credentials”). You represent that all information provided by you for Login Credentials is accurate and current. Users are obligated to choose their own User ID and Password in accordance with the rules relating thereto. You agree that you are solely responsible for all use of the Service under your Login Credentials and that you shall not disclose such to any person whatsoever nor permit another person to use the website via your User Account as also provided in the User Conduct provision herein. We do not guarantee the availability or use of any particular User ID. User IDs and other identifying Login Credentials or usernames must not be in any way unlawful, illegal, fraudulent or harmful, harassing or infringe any third party’s legal rights. We reserve the right to terminate User Accounts for any violation of these Terms of Use in our sole discretion.
38. User Content.
You are solely responsible for any written or electronic communications that you submit by or through the Sites, including but not limited to any information relating to your account, any statements, writings, content, copyrightable subject matter, audio, visual or audiovisual materials, graphical images, text or other content (“User Content”), and we may refuse to post or may delete any User Content for any or no reason, including User Content that, in our sole judgment, violates these Terms of Use or which may be offensive, illegal or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. You represent, warrant and covenant to us that all User Content you provide is true and accurate to the best of your knowledge. You may not post, transmit, or share User Content that you did not create or that you do not have permission to post.. We assume no responsibility for monitoring the Sites to detect inappropriate User Content or conduct. We reserve the right to, any time we choose, in our sole discretion, monitor the Sites and remove any User Content we deem to violate these Terms of Use. By doing so, we do not assume any further responsibility for any removed User Content, and we will not have any future or continuing obligation to monitor, modify or remove any inappropriate User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Sites or provide to us. You assume full responsibility for, and agree to indemnify us against any liability arising out of, any and all User Content that you post on or through the Sites or its related services, as well as for any material or information that you transmit to other users of the Sites and for your interactions with other users. We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You hereby grant to us a worldwide, non-exclusive, royalty-free, irrevocable, transferable, sub-licenseable right and license to publicly display, sell, rent, and distribute such User Content; provided, however, that we shall maintain the confidentiality of any information solicited by the Sites from you if designated as confidential by the Sites (except that, to the extent so indicated on the Sites at the time of submission. You represent, warrant and covenant that, with respect to all of your User Content, you have all rights necessary to grant the foregoing rights and licenses, and that the User Content does not violate any law or the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any other person or entity. You shall indemnify, defend and hold us, our partners, our affiliates, and our users harmless from and against any claim, demand or cause of action asserted by any third party alleging, directly or indirectly, that your User Content violates any law or violates or infringes upon any third party intellectual property rights of any kind or nature, of that such User Content was inaccurate or misleading.
39. User Conduct.
You agree to only use the Sites for its intended purposes. In addition, you agree not to use the Sites to: harvest or collect email addresses or other contact information of other users from the Sites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; any way harm, damage, disable, overburden or impair the Sites; use automated scripts and/or technologies to collect information from or otherwise interact with the Sites; upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; upload, post, transmit, share, store or otherwise make available any videos; register for more than one user account as an individual or more than one user account for any legally incorporated business entity, register for a user account on behalf of an individual other than yourself or a legally incorporated business entity to which you have legal authority to manage such user account; or register for a user account on behalf of any group or entity; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or misrepresent any information; upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, transmit, share, store or otherwise make publicly available on the Sites any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; solicit personal information from anyone under the age of eighteen (18) or solicit passwords or personally identifying information for commercial or unlawful purposes; upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another individual, including your tenant(s) or landlord whether on-site or offline; upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; use or attempt to use another's account, service or system without authorization from Us, or create a false identity on the Sites; upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose us or our users to any harm or liability of any type; circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Sites; covering or obscuring the advertisements on any Sites page via HTML/CSS or any other means; any automated use of the system, such as, but not limited to, using scripts to inappropriately add or take away information to your account or any other profile of another user or send comments or messages; interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites; using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your account; and displaying an unauthorized commercial advertisement on your account (an unauthorized commercial advertisement means any type of commercial advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Sites on behalf of that person, such as placing commercial content on your account, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose. Contact Us If you have any questions or requests regarding this Privacy Policy or your Personal Information, please contact us at:
MQ Solutions Corp Unit 117 - 8175 Yonge street, Thornhill ON, L3T 2C6
[email protected]