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| Welcome to CanadaBoatTrader.com. We
provide our services to you subject
to the following Terms of Use (“TOU”): |
| 1. ACCEPTANCE OF TERMS OF
USE |
By using CanadaBoatTrader.com,
you agree to be bound by all
terms and conditions contained
in the TOU. If you do not agree
with the terms and conditions
of the TOU at any time, you
will discontinue your use of
CanadaBoatTrader.com.
CanadaBoatTrader.com reserves
the right to update or revise
the TOU at its discretion and
without notice. You are responsible
for checking the TOU periodically
for changes. You can review
the most current version of
the TOU at any time at: [insert
hyperlink]. If you continue
to use CanadaBoatTrader.com
following the posting of any
changes to the TOU, you agree
to be bound by these changes.
In addition, when using particular
CanadaBoatTrader.com services,
you and CanadaBoatTrader.com
shall be subject to any posted
guidelines or rules applicable
to such services, which may
be posted from time to time.
All such guidelines or rules
are hereby incorporated by reference
into the TOU.
The material that appears on
CanadaBoatTrader.com is for
informational purposes only.
Despite our efforts to provide
useful and accurate information,
errors may appear from time
to time. Before purchasing goods
or services you've read about
on CanadaBoatTrader.com, you
should confirm with the vendor
any information (including the
price) that is important to
your purchasing decision. CanadaBoatTrader.com
is not responsible nor makes
any warranty or endorsement
regarding any products being
posted for sale on the message
board. We are also not responsible
for controlling the products
posted for sale, losses that
you may incur while dealing
with another individual on the
site. If a situation arises
from a disputed transaction
between you and another user
on the board, CanadaBoatTrader.com
cannot and will not become involved
due to the fact that we have
no control of the transaction
between a seller and buyer.
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| 2. DESCRIPTION OF SERVICE
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CanadaBoatTrader.com is an online
boat listing and information
service that brings together
buyers and sellers of boats.
You further understand that
the price and any other terms
of any sale remain subject to
direct negotiation between the
buyer and the seller. As a neutral
facilitator in this virtual
marketplace, CanadaBoatTrader.com
is not directly involved in
the actual transactions between
users of the Service. You understand
and agree that CanadaBoatTrader.com
has no control over the truth,
accuracy, quality, legality,
or safety of postings made by
users, sellers, dealers, brokers
and the like. You understand
and agree that CanadaBoatTrader.com
cannot and does not confirm
or verify the identity, background,
qualifications, or abilities
of users, sellers, dealers,
brokers and the like, nor does
CanadaBoatTrader.com guarantee
the boats that are offered up
for sale on this site. Therefore,
we recommend that you be careful
and exercise common sense and
good judgment when dealing with
any user of the Service.
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| 3. SELLERS/POSTERS |
When posting a boat for sale on CanadaBoatTrader.com
you are deemed a Seller. Furthermore,
you acknowledge that you are prepared
to sell that boat at that price and
on the terms that you have listed.
To list a boat for sale on CanadaBoatTrader.com,
sellers are required to provide current
and accurate contact information.
The information must be accurate
and provide the potential buyer with
a method to directly communicate
with the seller. The responsibility
for the information in the posted
advertisements rests with each seller.
CanadaBoatTrader.com reserves the
right to deny use of this website
to anyone who does not comply with
these requirements or who otherwise
uses this website in a manner that
the operators of CanadaBoatTrader.com
deem inappropriate.
Although CanadaBoatTrader.com cannot
monitor every listing posted to our
website, it reserves the right, but
assumes no obligation, to delete,
move, or edit any ads or other postings
that it deems are either unacceptable
or inappropriate, whether for legal
or other reasons. By using CanadaBoatTrader.com’s
services you agree not to post or
transmit any defamatory, abusive,
obscene, threatening, misleading,
or illegal material, or any other
material that infringes on the rights
of others or interferes with the
ability of others to use or enjoy
CanadaBoatTrader.com. CanadaBoatTrader.com
reserves the right to deny access
and usage to anyone who it believes
has violated any of the aforementioned
terms of this policy.
You understand and agree that the
Services are provided “AS-IS”
and that CanadaBoatTrader.com assumes
no responsibility for the timeliness
or non-delivery. |
| 4. CUSTOMERS |
By searching the advertisements
that have been posted on the
CanadaBoatTrader.com website,
you are designating yourself
as a “Customer”.
“Customers” are
entities that are potentially
interested in purchasing one
of the boats posted on the CanadaBoatTrader.com
website.
The website provides a venue
whereby Customers can view boats
and related accessories that
may be of interest to them,
and the information that is
available to contact the seller.
We do not control the actual
transactions between Sellers
and Customers.
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| 5. DEALERS |
By clicking on “DEALERS INQUIRIES”
and registering with the CanadaBoatTrader.com
website as “New Dealer”,
you are designating yourself
as a “Dealer”. Dealers
are sellers who have chosen
to register an account with
CanadaBoatTrader.com in order
to have unlimited ad postings. |
| 6. PRIVACY POLICY |
Registration Data and certain other
information about you are subject
to our Privacy Policy. For more
information, see our full privacy
policy here. |
| 7. MINORS |
Minors under the age of eighteen
are not eligible to use the
Service or to register for any
accounts. You are fully responsible
for your child’s online
conduct and the consequences
of any misuse of the Service
by your child. |
8. USER REGISTRATION OBLIGATIONS |
| In consideration of your use of the
Service, where applicable, you agree
to: |
- provide true, accurate,
current and complete information
about yourself as prompted
by the Service’s
registration form (such
information being the “Registration
Data”); and
- maintain and promptly update
the Registration Data to
keep it true, accurate,
current and complete.
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| If you provide any information that
is untrue, inaccurate, not current
or incomplete, or CanadaBoatTrader.com
has reasonable grounds to suspect
that such information is untrue,
inaccurate, not current or incomplete,
CanadaBoatTrader.com has the right
to suspend or terminate your account
and refuse any and all current or
future use of the Service (or any
portion thereof). |
| 9. USER ACCOUNT |
You will receive an account designation,
along with its associated User ID
and Password, upon completing the
Service’s registration process.
You are responsible for maintaining
the confidentiality of your User
ID and Password, and you are fully
responsible for all activities that
occur under your account.
You agree to immediately notify CanadaBoatTrader.com
of any unauthorized use of your account
or any other breach of security and
to ensure that you exit from your
account at the end of each session.
CanadaBoatTrader.com cannot and will
not be liable for any loss or damage
arising from your failure to comply
with this Section 9. |
| 10. CanadaBoatTrader.com CONTENT
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You understand that all information,
data, text, software, music, sound,
photographs, graphics, video, messages
or other materials (“Content”),
whether publicly posted or privately
transmitted, are the sole responsibility
of the person from whom such Content
originated. You understand that by
using the Service, you may be exposed
to Content that is offensive, indecent
or objectionable.
Under no circumstances will CanadaBoatTrader.com
be liable in any way for any Content,
including, but not limited to, for
any errors or omissions in any Content,
or for any loss or damage of any
kind incurred as a result of the
use of any Content posted, emailed,
transmitted or otherwise made available
through the Service. Any opinions,
advice, statements, services, offers,
or other information or content expressed
or made available by third parties,
including information providers,
users are those of the respective
author(s) or distributor(s) and not
of CanadaBoatTrader.com.
CanadaBoatTrader.com does not confirm
or verify if a professional claiming
to be a professional or claiming
to be qualified to provide professional
advice is in fact licensed or otherwise
qualified to provide the services
or advice being requested. You are
solely responsible for the retrieval
and use of the Content, transactions,
products or services available on
or through the Service. You should
apply your own judgment in making
use of the Content, including, without
limitation, the use of the Content
as the basis for any conclusions
or for the sale or purchase of any
products or services or other transactions.
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| 11. THIRD PARTY CONTENT |
| The Service may provide, or Sellers,
Dealers, Brokers and other advertisers
(“Advertisers”) may provide,
links to other websites or resources.
Because CanadaBoatTrader.com has
no control over such websites and
resources, you acknowledge and agree
that CanadaBoatTrader.com is not
responsible for the availability
of such external websites or resources,
and does not endorse and is not responsible
or liable for any content, advertising,
products, or other materials on or
available from such websites or resources.
You further acknowledge and agree
that CanadaBoatTrader.com shall not
be responsible or liable, directly
or indirectly, for any damage or
loss caused or alleged to have been
caused by or in connection with the
use of or reliance on any such content,
goods or services available on or
through any such website or resource.
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| 12. DEALINGS WITH ADVERTISERS |
| Your correspondence or business dealings
with, or participation in the promotions
of, Sellers, Dealers, Brokers and
Advertisers found on or through the
Services, including payment and delivery
of related goods or services, and
any other terms, conditions, warranties
or representations associated with
such dealings, are solely between
you and such Seller or Advertiser.
You agree that CanadaBoatTrader.com
shall not be responsible or liable
for any loss or damage of any sort
incurred as the result of any such
dealings or as the result of the
presence of such Sellers or Advertisers
on the Service. |
| 13. MONITORING |
You acknowledge that CanadaBoatTrader.com
does not pre-screen Content, but
that CanadaBoatTrader.com and its
designees shall have the right (but
not the obligation) in their sole
discretion to refuse or remove any
Content that is available via the
Service. Without limiting the foregoing,
CanadaBoatTrader.com and its designees
shall have the right to remove any
Content that violates the TOU or
is otherwise objectionable. You agree
that you must evaluate, and bear
all risks associated with, the use
of any Content, including any reliance
on the accuracy, completeness, or
usefulness of such Content. In this
regard, you acknowledge that you
may not rely on any Content created
by CanadaBoatTrader.com or submitted
to CanadaBoatTrader.com, including,
without limitation, information in
the message centre, professional
profiles, customer projects, and
in all other parts of the Service.
You acknowledge and agree that CanadaBoatTrader.com
may preserve Content and may also
disclose Content if required to do
so by law or in the good faith belief
that such preservation or disclosure
is reasonably necessary to: (a) comply
with a legal process; (b) enforce
the TOU; (c) respond to claims that
any Content violates the rights of
third-parties; or (d) protect the
rights, property, or personal safety
of CanadaBoatTrader.com, its users
and the public. |
| 14. GENERAL PRACTICES REGARDING
USE AND STORAGE |
| You acknowledge that CanadaBoatTrader.com
may establish general practices and
limits concerning use of the Services,
including, without limitation, the
maximum number of days that messages,
profiles or other uploaded Content
will be retained by the Service,
the maximum number of messages that
may be sent from or received by an
account on the Service, the maximum
size of any message that may be sent
from or received by an account on
the Service, the maximum disk space
that will be allotted on CanadaBoatTrader.com’s
servers on your behalf, and the maximum
number of times (and the maximum
duration for which) you may access
the Service in a given period of
time. You agree that CanadaBoatTrader.com
has no responsibility or liability
for the deletion or failure to store
any messages and other communications
or other Content maintained or transmitted
by the Service. You acknowledge that
CanadaBoatTrader.com reserves the
right to log off accounts that are
inactive for an extended period of
time. You further acknowledge that
CanadaBoatTrader.com reserves the
right to change these general practices
and limits at any time, in its sole
discretion, with or without notice.
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| 15. MODIFICATIONS TO SERVICE
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| CanadaBoatTrader.com reserves the
right at any time and from time to
time to modify or discontinue, temporarily
or permanently, the Service (or any
part thereof) with or without notice.
You agree that CanadaBoatTrader.com
shall not be liable to you or to
any third party for any modification,
suspension or discontinuance of the
Service. |
| 16. TERMINATION OF ACCESS |
| You agree that CanadaBoatTrader.com,
in its sole discretion, may terminate
your account (or any part thereof)
or use of the Service, and remove
and discard any Content within the
Service, for any reason, including,
without limitation, for lack of use
or if CanadaBoatTrader.com believes
that you have violated or acted inconsistently
with the letter or spirit of the
TOU. CanadaBoatTrader.com may also
in its sole discretion and at any
time discontinue providing the Service,
or any part thereof, with or without
notice. You agree that any termination
of your access to the Service under
any provision of this TOU may be
effected without prior notice, and
acknowledge and agree that CanadaBoatTrader.com
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 Service. Further, you agree
that CanadaBoatTrader.com shall not
be liable to you or any third-party
for any termination of your access
to the Service. |
| 17. INDEMNITY |
| You agree to indemnify and hold CanadaBoatTrader.com,
and its parent company, subsidiaries,
affiliates, officers, agents, co-branders
or other partners, and employees,
harmless from any claim or demand,
including reasonable legal fees,
made by any third party due to or
arising out of Content you submit,
post, transmit or make available
through the Service, your use of
the Service, your connection to the
Service, your violation of the TOU,
or your violation of any rights of
another. |
| 18. NO RESALE OF SERVICE |
| You agree not to reproduce, duplicate,
copy, sell, resell or exploit for
any commercial purposes, any portion
of the Service, use of the Service,
or access to the Service. |
| 19. CONTENT SUBMITTED BY USERS |
| CanadaBoatTrader.com does not claim
ownership of Content you submit or
make available for inclusion on the
Service. However, with respect to
Content you submit or make available
for inclusion on publicly accessible
areas of the Service, you grant CanadaBoatTrader.com
a world-wide, royalty free and non-exclusive
license to publish the Content submitted. |
| 20. FEEDBACK |
| You will be able to post feedback
about other users, and other users
will be able to post feedback about
you, on publicly accessible areas
of the Service. You acknowledge and
agree that all comments and views
contained in the feedback are those
of the respective users and not of
CanadaBoatTrader.com. You acknowledge
and agree that under no circumstances
will CanadaBoatTrader.com be held
responsible for the feedback posted
by any user or third party. |
| 21. CanadaBoatTrader.com’s
PROPRIETARY RIGHTS |
You acknowledge and agree that the
Service and any necessary software
used in connection with the Services
("Software") contain proprietary
and confidential information that
is protected by applicable intellectual
property and other laws. You further
acknowledge and agree that Content
contained in sponsor advertisements
or information presented to you through
the Service or advertisers is protected
by copyrights, trademarks, service
marks, patents or other proprietary
rights and laws. Except as expressly
authorized by CanadaBoatTrader.com
or advertisers, you agree not to
modify, rent, lease, loan, sell,
distribute or create derivative works
based on the Service or the Software,
in whole or in part.
CanadaBoatTrader.com grants you a
personal, non-transferable and non-exclusive
right and license to use the object
code of its Software on a single
computer, provided that you do not
(and do not allow any third party
to) copy, modify, create a derivative
work of, reverse engineer, reverse
assemble or otherwise attempt to
discover any source code, sell, assign,
sublicense, grant a security interest
in or otherwise transfer any right
in the Software. You agree not to
modify the Software in any manner
or form, or to use modified versions
of the Software, including, without
limitation, for the purpose of obtaining
unauthorized access to the Service.
You agree not to access the Service
by any means other than through the
interface that is provided by CanadaBoatTrader.com
for use in accessing the Service. |
| 22. TRADE-MARK INFORMATION
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| CanadaBoatTrader.com, the CanadaBoatTrader.com
logo, and other CanadaBoatTrader.com
brand names and logos are trade-marks
of CanadaBoatTrader.com Inc. All
other company names, brand names
and logos used on CanadaBoatTrader.com
are the trademarks of their respective
owners. You agree not to display
or use in any manner any of the trade-marks
without express written permission
from CanadaBoatTrader.com or the
trade-mark owner. |
| 23. COPYRIGHT INFORMATION |
| The Content on CanadaBoatTrader.com
is protected by various copyright
laws. You agree not to reproduce,
republish or redistribute any Content,
including, but not limited to, caching,
framing and similar means, without
express written permission of the
copyright owner. If you believe that
your work has been copied in a way
that constitutes copyright infringement,
or your intellectual property rights
have been otherwise violated, please
notify us immediately. |
| 24. DISCLAIMER OF WARRANTIES
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| YOU EXPRESSLY UNDERSTAND AND AGREE
THAT: |
- YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON
AN “AS IS”
AND “AS AVAILABLE”
BASIS. CanadaBoatTrader.com
EXPRESSLY DISCLAIMS ALL
WARRANTIES, REPRESENTATIONS
AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES,
REPRESENTATIONS AND CONDITIONS
OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
- CanadaBoatTrader.com MAKES
NO WARRANTIES, REPRESENTATIONS
OR CONDITIONS THAT: (i)
THE SERVICE OR RESULTS
DERIVED FROM THE SERVICE
WILL MEET YOUR REQUIREMENTS
OR EXPECTATIONS (ii) THE
SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE,
(iii) THE CONTENT, INFORMATION,
PRODUCTS OR SERVICES OBTAINED
BY YOU THROUGH THE SERVICE
WILL BE ACCURATE, RELIABLE,
UP-TO-DATE, COMPLETE, UNTAMPERED
OR FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, (iv)
THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS,
AND (V) ANY DEFECTS OR
ERRORS WILL BE CORRECTED.
- ANY MATERIAL OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL OR
DATA.
- NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM CanadaBoatTrader.com
OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY
STATED IN THE TOU.
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| 25. LIMITATION OF LIABILITY
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| YOU EXPRESSLY UNDERSTAND AND AGREE
THAT CanadaBoatTrader.com SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF
CanadaBoatTrader.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
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| 26. EXCLUSIONS AND LIMITATIONS
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| SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 24 AND 25 MAY NOT APPLY
TO YOU. |
| 28. NO AGENCY |
| You and CanadaBoatTrader.com are independent
contractors, and no agency, partnership,
joint venture, employee-employer
or franchiser-franchisee relationship
is intended or created by this TOU. |
| 29. GENERAL INFORMATION |
The TOU constitute the entire agreement
between you and CanadaBoatTrader.com
and govern your use of the Service,
superseding any prior agreements
between you and CanadaBoatTrader.com.
You also may be subject to additional
terms and conditions that may apply
when you use affiliate services,
third-party content or third-party
software.
You and CanadaBoatTrader.com expressly
exclude the application of the United
Nations Convention on Contracts for
the International Sale of Goods and
the Sale of Goods Act (Ontario),
as amended, replaced or re-enacted
from time to time.
This portal is physically located
on a server in Ontario, Canada and
the laws of the province of Ontario
and the federal laws of Canada shall
apply without regard to the conflict
of laws principles. The Service and
the Content are not to be construed
as any form of recommendation, promotion,
endorsement, or an offer to sell
any product or service, by or to
enter any transaction with CanadaBoatTrader.com.
You and CanadaBoatTrader.com agree
to submit to the personal and exclusive
jurisdiction of the courts located
within the province of Ontario, Canada.
The failure of CanadaBoatTrader.com
to exercise or enforce any right
or provision of the TOU shall not
constitute a waiver of such right
or provision. If any provision of
the TOU is found by a court of competent
jurisdiction to be invalid, the parties
nevertheless agree that the court
should endeavour to give effect to
the parties' intentions as reflected
in the provision, and the other provisions
of the TOU shall remain in full force
and effect.
You agree that regardless of any
statute or law to the contrary, any
claim or cause of action arising
out of or related to use shall be
resolved by binding arbitration held
in Toronto, Ontario and before a
single arbitrator, who is independent
of the parties, legally trained and
experienced in the field of information
technology, in accordance with the
Arbitration Act, 1991, S.O. 1991,
c. 17. |
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