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Terms of Use

Welcome to Canada Classifieds

Please read these Terms of Use (“TOU”) carefully as these TOU apply to Canada Classifieds (the “Company”, “We”, “Our”) website located at www.canadaclassifieds.com/. By accessing or otherwise interacting with the Company’s servers, services, websites, or any associated content or postings (collectively “CC”) or by clicking to accept or agree to these TOU when this option is made available to you, you agree to these TOU, in their entirety. You acknowledge and agree CC is a private website owned and operated by the Company. If you are accessing or using CC on behalf of a business, both you and that business accept and agree to these TOU. If you do not agree to these TOU, you are not authorized to use CC for any purpose. The Company may modify these TOU from time to time at its sole discretion. All changes made to these TOU are effective immediately and apply to all access and use of CC. Your continued use of CC following any revisions of these TOU will be understood as acceptance of and agreement to the changes made. You are responsible for periodically checking for changes from time to time so that you are aware of any changes, as they are binding on you. All other policies, site rules, and agreements referenced below or on CC, are fully incorporated into these TOU, and you agree to them as well.

  1. License. If you agree to these TOU and are (1) of sufficient age and capacity to use CC and be bound by these TOU, or (2) are of sufficient age and capacity and use CC on behalf of a business, thereby binding that business to these TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use CC in compliance with these TOU. Any other use not explicitly expressed is an unauthorized use of CC. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from CC, excluding postings you create. You further agree to grant the Company a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from any content you post.

 

  1. Use. Unless licensed by the Company in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with CC, e.g., for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect CC content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand or manual data entry). Misleading, unsolicited, unlawful postings, communications, or accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of CC’s policies or rules (collectively “Prohibited Content”). Prohibited Content includes but is not limited to:

(1) fake or fraudulent content e.g., scams;

(2) illegal content e.g., drugs, child pornography, endangered species;

(3) posting hateful, defamatory, or pornographic content;

(4) weapons, firearms, guns and components, bb pellets, stun and spear guns;

(5) offers of solicitation or facilitation of prostitutions and or sex trafficking;

(6) recalled items, hazardous material, body parts, unsanitary bedding or clothing;

(7) prescription drugs, medical devices, controlled substances and related items;

(8) alcohol or tobacco, unpackaged or adulterated food or cosmetics;

(9) stolen property, property with serial number removed/altered, burglary tools;

(10) ID cards, licenses, law enforcement insignia, government documents, birth certificates;

(11) software that allows auto-posting to CC;

(12) usage or posting of bulk telephone numbers;

(13) content which spreads spam or malware to users and any other content the Company deems to be Prohibited.

  • You understand and agree that the Company may moderate, limit, or terminate your access at the its sole discretion. Users that the Company believes to be creating problems or acting inconsistently with the letter or spirit of Company policies are dealt with according to Company policies e.g., blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, terminating your access, license or account or taking any other technical or legal steps required to prohibit continued behavior outside of company policies. You further agree (1) not to bypass said moderation, (2) the Company is not liable for moderating or not moderating such conduct, and (3) nothing the Company says or does waives its right to moderate, or not.
  1. Liquidated Damages. You further agree that if you violate the Use section, or encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to the Company for liquidated damages as follows for: (1) collecting or harvesting CC users’ information, including personal or identifying information – $1 per user scraped; (2) publishing or misusing personal or identifying information of a third party in connection with your use of CC without that party’s express written consent – $1,000 per violation; (3) misrepresenting your identity or affiliation to anyone in connection with your use of CC – $1,000 per violation; (4) posting or attempting to post Prohibited Content -$5 per violation; (5) posting or attempting to post Prohibited Content in any paid section of CC – the price per post applicable to that section of CC (6) sending an unauthorized or unsolicited email to an email address obtained from CC – $25 per violation (7) using CC user information to make or send an unauthorized or unsolicited text message, call, or communication to a CC user – $500 per text or call communication; (8) creating a misleading or unlawful CC account or buying or selling a CC account – $4 per violation; (9) abusing or attempting to abuse CC’s flagging or reporting processes – $1 per violation; (10) distributing any software to facilitate violations of the Use section – $1,000 per violation; (11) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting CC content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (12) requesting, viewing, or accessing more than 1,000 pages of CC in any 24-hour period – $0.25 per page during the 24 hour period after the first 1,000 pages; (13) bypassing or attempting to bypass our moderation efforts -$4 per violation.

 

You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the Use section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

 

  1. Fees. You authorize the Company to charge your account for any fees incurred through the use of any services related to CC including but not limited to the use of paid advertisements on the Website. Any taxes incurred are additional. Fees are non-refundable, even for posts We remove, delay, omit, re-categorize, re-rank, or otherwise moderate. The Company may refuse to publish any post.

 

  1. Disclaimer & Liability. To the full extent permitted by law, the Company and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“CC Entities”) make no promises, warranties, or representations as to CC, including its completeness, accuracy, availability, timeliness, propriety, security or reliability. The Company further provides CC on an “as is” or “as available” basis and any risk of using CC is assumed by you. The Company disclaims all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with CC. CC entities are not liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to CC, and in no event shall such liability exceed the lesser of $100 or the amount you paid the Company in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

 

  1. Claims & Indemnification. Any claim, cause of action, demand, or dispute arising from or related to CC (“Claims”) will be governed by the internal laws of California, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Los Angeles, CA (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Los Angeles, CA; (2) indemnify and hold CC Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of CC; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

 

  1. Trademarks. The Company is the owner of common law trademarks for Canada Classifieds, “CC,” and all other trademarks relating to CC currently in use (“Marks”). Use of the Marks is prohibited without prior written approval.

 

  1. Miscellaneous. Users complying with prior written licenses may access CC until authorization has been terminated. Otherwise, this is the exclusive and entire agreement between the Company and you, and Our actions or silence toward you or anyone else does not waive, modify, or limit these TOU or our ability to enforce them. The Use, Liquidated Damages, and Claims & Indemnification sections survive terminations of these TOU, and you will remain bound by those sections. If one of the terms of these TOU is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of these TOU controls over any translations. Any questions, comments or concerns with the terms of this agreement should be directed toward info@canadaclassifieds.com.
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