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Sell.ca Terms of Service PolicyDailypixel Inc., a Canadian corporation having a principal place of business at 400-102 Bank Street, Ottawa, Ontario, K1P 5N4, provides the services offered on the Sell.ca Web site (the Services) to you, subject to and under the following Terms and Conditions (the Terms or the Agreement). YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON Sell.ca, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BY MODIFIED BY YOU. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM. In these Terms, Web site refers to Sell.ca. You refers to users of Sell.ca. Customers refers to users who purchase any product or Service on Sell.ca, including without limitation listing their properties on the Web site. The words we, us, and our refer to Sell.ca., the owner and operator of this Web site. You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms.
1. Access and Registration. If you open an Account at Sell.ca, you accept responsibility for all activities that occur under your Account or password, and agree not to sell, transfer or assign your Account or any Account rights. We reserve the right to terminate your Account if individuals from more than one household access Sell.ca using any single user name or password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others outside your household may not access Sell.ca using your name in whole or in part without our permission. If you believe someone has accessed Sell.ca using your user name and password without your authorization, e-mail us immediately at the address listed below.
You agree to pay all fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the time you register (or as soon thereafter as fees or charges are incurred) and are nonrefundable. You are responsible for all fees and charges incurred to access Sell.ca through an Internet access provider or other third party service. You agree that we may terminate your Account if it remains inactive for a period of one (1) year.
2. Customer Listing, Password, and Security. Customers may create a user name (your e-mail) and password. In addition, Customers that list their properties on Sell.ca as sellers are assigned a listing number that may also operate as a user name. Customers are responsible for maintaining the confidentiality of their user names, listing numbers, and passwords. You, as a Customer, are solely responsible for all activities that occur under your user name, listing number, and password. As a Customer, you agree to immediately notify us of any unauthorized use of your user name, listing number and/or password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME, LISTING NUMBER, AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. You, as Customer, agree that we may terminate your Account if it remains inactive for a period of one (1) year.
3. Customer Responsibilities. In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are solely responsible for all acts or omissions that occur under your listing number or password, including the accuracy and completeness of all content that you (or anyone using your Account) submit, post or transmit through the Services. You agree and acknowledge that your access to and/or use of the Services are for personal, NONCOMMERCIAL PURPOSES only. That is, you agree and acknowledge that your use of the Web site and Services is to advertise your own property or to find information related to the purchase or potential purchase by you of a home listed on Sell.ca, rather than as a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own. Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access or use the Services for any commercial purpose whatsoever. Other than providing links to virtual tours of your property, YOU MAY NOT INCLUDE A LINK TO ANY WEBSITE IN YOUR LISTING.
"Until Sold," Expiration of Listings, and Extensions. Plans stating that a Customer is entitled to maintain a property listing 'until sold' require a user to request periodic extensions to a listing in order to continue maintaining a listing on the Web site. All listings have either a 3-month or 1-year expiration date from purchase unless extended by the user. Upon receiving a request to extend your listing, we will then extend your listing by 2 additional months after which you must contact us again for any further extensions. A Customer is not required to pay any additional fees to request extensions. You will receive an e-mail message 1-3 days before your property listing expires, reminding you that your property listing will expire. This is the only means by which we will contact you concerning the expiration of your property listing. If you do not receive this e-mail or do not have an e-mail address listed, then it is your responsibility to contact us to extend your listing.
6. Refunds in General. Under certain limited circumstances, Sell.ca. may refund the purchase price or a portion of the purchase price for Services purchased from Sell.ca.
Voiding Charges within 12 Hours of Purchase. If you or Customers or purchasers of a product through the Sell.ca on-line shop or the Services notify Sell.ca. in writing of a cancellation within 12 hours of a purchase of a product or the Services, then Sell.ca. will void, reverse, or credit the charges on such purchase.
7. Free Trials. From time to time, you and/or Customers may be offered coupon code discounts, 14-day or other limited-time free trials of the Services. You are bound by these Terms during a free trial. THERE ARE NO REFUNDS ASSOCIATED WITH AND PRODUCTS OR SERVICES RECEIVED BY YOU DURING A FREE TRIAL. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU SHALL NOT RE-USE ANY 14-DAY OR LIMITED-TIME FREE TRIAL CODES OR ACCESS FREE TRIALS FOR MORE THAN ONE PROPERTY LISTING. MOREOVER, YOU ALSO UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU SHALL NOT USE A FREE TRIAL MORE THAN ONCE FOR THE SAME PROPERTY. You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with this Section. If you purchase Services through the Web site, then any refund is governed solely and exclusively by Section 6 above.
8. Third-Party Services. Any dealings or communications you have through Sell.ca with any party other than Sell.ca are solely between you and that third party. For example, certain areas of Sell.ca may allow you to conduct transactions with third parties or purchase goods or services from third parties. YOU UNDERSTAND, ACKNOWLEGE, AND AGREE THAT, UNDER NO CIRCUMSTANCES, WILL Sell.ca. HAVE ANY LIABILITY RELATED TO ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD-PARTY DEALINGS OR COMMUNICATIONS OR FOR ANY INFORMATION THAT YOU PROVIDE TO THIRD PARTIES OR FOR ANY HARM RELATED THERETO. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials or services provided by third parties should be forwarded directly to the third party. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHETHER YOU HAVE PURCHASED A SERVICE THROUGH A THIRD PARTY. Though some magazine publishers that are Affiliate Publishers may offer access to the Web site, these Affiliate Publishers are not owned by Sell.ca. and are not a part of Sell.ca. While some listings from these Affiliate Publishers may appear on the Web site, ALL CUSTOMER SERVICE AND BILLING ISSUES MUST BE HANDLED THROUGH THE INDIVIDUAL AFFILIATE PUBLISHERS, NOT Sell.ca.
9. User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, Sell.ca, including for example communication during registration, communication on any Sell.ca bulletin board, message or chat area, blog area, posting any listing or other content (including without limitation written, graphical or video content), placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; (3) the content will not cause injury to any person or entity; and (4) if you post a property listing that you are the owner of the property and have all necessary rights, title, and interests in such property to list the property for sale. Using a name other than your own legal name is prohibited (except in those specific areas of Sell.ca that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).
For all such information and material, you grant Sell.ca., its affiliates and related entities (including dailypixel.ca Network) a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all Tribune Company affiliated Web sites, to include the information in a searchable format accessible by users of Sell.ca, other Sell.ca Web sites, as well as third-party web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant Sell.ca the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note Sell.ca does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Sell.ca. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Sell.ca and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
10. Termination. You understand, acknowledge, and agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services if you have breached violated or acted inconsistently with the Terms. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR PASSWORD, ACCOUNT, ACCESS TO, OR USE OF THE SERVICES PURSUANT TO THIS SECTION. You may discontinue your participation in and access to the Services at any time, subject to the other provisions of these Terms.
11. Disclaimers and Limitation of Liability. While Sell.ca. uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the data or information available on the Web site and assume no liability or responsibility for any error or omission in the such data or information. Sell.ca. DOES NOT REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. Sell.ca. has no responsibility for actions of third parties or for information provided or posted by others.
USE OF Sell.ca IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER Sell.ca, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS OF ANY OF THEM, MAKES ANY WARRANTY OF ANY KIND REGARDING Sell.ca AND/OR THE CONTENT CONTAINED THEREIN; THE SERVICES; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; THIRD-PARTY REAL ESTATE BROKERAGE SERVICES; PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH Sell.ca; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING Sell.ca OR THE SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES Sell.ca WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. Sell.ca. AND ITS AFFILIATES AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warrant shall be the minimum required under such application law.
Sell.ca CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. Sell.ca DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH Sell.ca. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL Sell.ca. OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Sell.ca. OR ITS AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. IN NO EVENT SHALL Sell.ca. OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR.
12. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Sell.ca., ITS PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF Sell.ca; (2) Sell.ca'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU.
13. Additional Terms; Modifications to the Terms. We may change the Terms from time to time without prior notification to you. Each time you access the Web site, you will be governed by the Terms then present on the Web site and in effect. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES, WITHOUT LIMITATION OR QUALIFICATION. In addition, when using particular portions of the Services, you will be governed by additional terms which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.
14. Modifications to the Services. We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the Web site with or without notice to you. Modification of the Services can include, but is not limited to, any change to the Web site or content contained therein, changes to the administrative tools or functionality of the Web site, modification of the 'look and feel' of the Web site, changes to the format of a property listing or any other part of the Web site, and the inclusion of advertising links in association with a property listing or other content available on the Web site. Temporary discontinuance of the Services could be for a variety of reasons, including without limitation technical issues that require or result in short-term Service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the Web site. IF YOU OBJECT TO ANY MODIFICATIONS TO THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE SERVICES AS SO MODIFIED.
16. Governing Law. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, without regard to its conflicts of law provisions.
17. Miscellaneous. The Terms constitute the entire, exclusive, and final statement of the agreement between you and Sell.ca. with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to the subject matter herein. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of Sell.ca. to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The Section and Sub-section headings used in this Agreement are purely for convenience and effect are for illustrative purposes only. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to Sell.ca., any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.
18. Services Provided by Third Parties. We are not responsible or liable for any products or services obtained by or through any other party. The materials displayed on this site relating to services provided by any other party are advertisements and do not constitute an offer or promise to make a loan or provide any other service by us. There is no endorsement by us of any other party or the products and services made available by or through any other web site.
19. Use of E-mail System. By using our e-mail system to contact Sell.ca Customers, you are agreeing to these Terms, including, without limitation, this Section. You agree to use the e-mail system only to contact Customers for purposes of asking questions related to the purchase or potential purchase by you of the home listed on Sell.ca. In no event may you contact a customer of Sell.ca using our e-mail system for purposes of soliciting other goods or services or a commercial relationship of any kind with such Customer. IF YOU VIOLATE THIS SECTION, YOU AGREE TO COMPENSATE Sell.ca. FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $1,000 PER OCCURRENCE.
20. Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Sell.ca., in appropriate circumstances, to terminate the account of a user who is deemed to infringe third party intellectual property rights or to remove content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on Sell.ca, please provide substantially the following information to our Copyright Agent (please consult your legal counsel):
Sell.ca's legal agent can be reached as follows:
dailypixel Inc. - Copyright C/O CoganLaw 102 Bank Street 4th Floor Ottawa, Ontario K1P 5N4 Fax: 613-482-5252 Telephone: 800-811-6867 Email: firstname.lastname@example.org
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT Sell.ca's LEGAL AGENT FOR OTHER CUSTOMER INQUIRIES OR QUESTIONS. Please also note that, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.