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Agreement | Usage
& Policy Guidelines
By accessing the Classifile.com
("classifile.com") Website located at www.classifile.com (the "Site") or downloading
text, images, and other materials (the "Content"), you agree to be bound by the
terms and conditions set out below ("Terms and Conditions"). If you do not agree
to these terms and conditions, do not access the Site or download the Content.
The Content on the Site is provided to you free of charge. Classifile.com uses
its best efforts to maintain the Site but is not liable for or responsible for
the results of any defects that exist in the Site. You should not assume that
the Site or its Content is error-free or that it will be suitable for the particular
purpose that you have in mind when using it. Classifile.com may, in its sole discretion
and at any time, modify or discontinue the Site; limit, terminate or suspend your
use of or access to the Site; and/or make changes to these Terms and Conditions.
DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED
BY LAW, THE SITE AND ANY INFORMATION ASSOCIATED WITH THE SITE ARE PROVIDED ON
AN "AS IS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES
OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIUMUM EXTENT PERMITTED BY LAW,
CLASSIFILE.COM IS NOT RESPONSIBLE FOR THE SUITABILITY, ACCURACY, VALIDITY OR RELIABILITY
OF ANY OF THE INFORMATION CONTAINED ON THE SITE.
Links available on the Site
will allow you to link to Websites not maintained or controlled by Classifile.com.
Classifile.com provides these links for your convenience, and is not responsible
for the contents of any linked site. Classifile.com uses reasonable efforts to
ensure the accuracy of its Content on the Site, but cannot and does not provide
any representations, warranties or conditions of any kind, including, without
limitation, with respect to the accuracy, completeness, non-infringement, merchantability
or fitness for any particular purpose of any information available through these
links, and makes no representation or endorsement whatsoever about any other Website
which you may access through this Site. It is your responsibility to ensure that
any Website you choose to use is free of potentially destructive items such as
viruses.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED
BY LAW, IN NO EVENT SHALL CLASSIFILE.COM BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORSEEABLE,
BASED ON CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES FOR LOSS OF
PROFITS OR LOSS OF BUSINESS OPPORTUNITIES, DELAY OR INABILITY TO USE THE SITE,
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, ERRORS, DEFECTS,
DELAYS IN PREPARATIONS FOR TRANSMISSIONS ) ARISING OUT OF OR ANY WAY CONNECTED
WITH THE USE OF THE SITE OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE., EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Use of the Site
You may not post, upload,
publish, reproduce, transmit or otherwise distribute information or other material
on this Site:
- constituting or encouraging
conduct that would constitute a criminal offence or give rise to civil liability;
- which is protected by copyright,
or other intellectual property right, or derivative works thereof, without obtaining
permission of the copyright holder; or
- otherwise use this Site
in a manner which is contrary to the law or Netiquette, or which would adversely
impact use of the Site or the Internet by other users, including the posting or
transmitting of information or software containing viruses or other disruptive
components.
Privacy & Confidential
Information
Classifile.com's Privacy
Policy is a binding part of these Terms and Conditions.
General Indemnity
You agree to defend, indemnify
and hold Classifile.com and its affiliates, subsidiaries, directors, officers,
agents and employees harmless from any and all liabilities, costs and expenses,
including reasonable legal fees, related to any violation of these Terms and Conditions
by you or users of your account, or in connection with the use of this Site or
the placement or transmission of any information or other materials on this site
by you or users of your account.
Territory and Governing
Law
This Site can be accessed
from all provinces and territories of Canada, as well as other countries around
the world. As each of these jurisdictions has laws that may differ from those
of the Province of Ontario, by accessing this Site, the user agrees that all matters
relating to access to, or use of, the Site, shall be governed by the laws of the
Province of Ontario and the federal laws of Canada applicable therein. The user
also agrees and hereby submits to the exclusive personal jurisdiction and venue
of the courts of the Province of Ontario and acknowledges that the user does so
voluntarily and is responsible for complying with local laws.
Miscellaneous
These Terms and Conditions,
including Classifile.com Privacy Policy and other documents referenced herein,
constitute the entire agreement between Classifile.com and you in respect to your
use of this Site. Classifile.com's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver of any provision
or right. If any of the Terms and Conditions is determined to be void, invalid
or otherwise unenforceable by a court of competent jurisdiction, such determination
shall not affect the remaining provisions hereof. The parties have required that
these Terms and Conditions and all related documents be drawn up in English. Les
parties ont demandé que cette convention ainsi que tous les documents qui s'y
rattachent soient rédigés en anglais.
Copyright
All content including but
not limited to, graphic images, audio, video, programming code, buttons and text
published on or otherwise accessible through this Site is protected by copyright.
The Content, and the copyright in the Content, are owned or controlled by Classifile.com
or its content suppliers. You may only use or reproduce the information in the
Content for your own personal, non-commercial or educational use. The Content
may not be otherwise used, reproduced, uploaded, posted, broadcast, published
or retransmitted without the prior written permission of the copyright holder.
Trademarks
The Classifile.com logo,
the phrase "Your Search is Over" and the phrase "pik'nclik" are registered trademarks
or trademarks of Classifile.com in Canada and other countries. All other products,
services and company names mentioned in the Site may be trademarks of their respective
owners. The absence of a product or service name or logo from this list does not
constitute a waiver of the trademark or other intellectual property rights of
Classifile.com concerning that name or logo. You may not use any trademark displayed
on the Site without written permission of Classifile.com or the relevant owner
of the trademark.
All rights not expressly
granted herein are reserved.
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