THESE TERMS AND
CONDITIONS CONTAIN LEGAL OBLIGATIONS AND FORM AN AGREEMENT BETWEEN YOU AND LISTERSONLINE.COM
(" LISTERSONLINE.COM " or "WE"). PLEASE READ THESE TERMS
AND CONDITIONS CAREFULLY BEFORE USING, ACCESSING OR BROWSING ANY LISTERSONLINE.COM
PROPERTIES.
THESE TERMS AND
CONDITIONS WERE LAST UPDATED ON: May 17, 2018.
Access and Use
By accessing, browsing or
otherwise using any listersonline.com website, digital property, mobile
application and/or mobile enabled site (collectively, "Listersonline.com
Properties" and each a " Listersonline.com Property" )
including without limitation listersonline.com, you agree without limitation or
qualification to be bound by these Terms and Conditions and such other terms
and conditions, rules and policies which you may be directed to or are
displayed in connection with the use of a Listersonline.com Property, Service or Paid Service, all as
amended from time to time. If you have not read, or do not understand, or do
not agree to these Terms and Conditions you may not use the Listersonline.com Properties,
Services or Paid Services.
Listersonline.com
reserves the right, in its sole discretion, to change the terms of any part of
these Terms and Conditions, in whole or part, at any time. Except as otherwise
provided in these Terms and Conditions, any change will be effective when
notice of the change is posted on a Listersonline.com Property. We also reserve
the right, in our sole discretion, to change the limits applicable to obtain
free access to the services. Please check back regularly for updates by
checking the date of the last update above. Your continued use of any Listersonline.com
Property, Service or Paid Service following the posting of amended Terms and
Conditions will mean you accept those changes. We reserve the right to modify,
suspend or discontinue listersonline.com Properties, Services, Paid Services or
Content (as defined below) or any part of them from time to time without notice
or liability for any reason whatsoever. We also reserve the right at any time
to charge fees for access to all or portions of listersonline.com Properties,
Services or Content. In such event, although your access to the applicable Listersonline.com
Property, Service or Content may be restricted or denied, you will not be
charged for access unless we obtain your prior agreement to pay such charges.
Restrictions on Use of
Materials
Listersonline.com
Properties, Services, and Paid Services and all content made available thereon (“Content" )
are the property of listersonline.com or its licensors and are protected,
without limitation, pursuant to Canadian and foreign copyright, trademark and other
laws. Subject to your compliance with these Terms and Conditions, listersonline.com
grants you a limited, personal, non-exclusive, revocable, non-assignable and
non-transferable license to download, display or use a single copy of the
Content on your computer or other electronic access device for your own
personal and non-commercial use as long as you do not
alter or modify the Content and you maintain all copyright and other
proprietary notices. All rights not expressly granted in the Content are reserved.
Other than as explicitly set forth in these Terms and Conditions, nothing will
be construed as granting any license or right to use any Content in any manner
without the prior written consent of listersonline.com or such third party that
may own the Content displayed on listersonline.com Property, Service or Paid
Service. Any unauthorized use of any of the Content is strictly prohibited.
Except as provided herein, you agree not to reproduce, sell, republish,
broadcast, distribute, make derivative works of or otherwise make available any
Content, including without limitation by framing, caching or other similar
means, without the prior written consent of the copyright owner of such
Content.
Trademarks
All trademarks and trade
names used, mentioned or displayed on listersonline.com Properties are
trademarks or registered trademarks of listersonline.com, its affiliated
companies or of their respective owners. The display of trademarks or trade
names on each of listersonline.com Properties does not convey or create any
license or other rights in these marks or names. Any unauthorized use of these
trademarks and trade names is strictly prohibited.
User Representations and
Warranties
You represent and warrant
that: (i) you are not a minor and you have the legal
right and capacity to enter into these Terms and Conditions in your
jurisdiction and to comply with these Terms and Conditions or, if you are a
minor, your parent or legal guardian has read and agreed to these Terms and
Conditions on your behalf; (ii) all information you provide to listersonline.com
is accurate and complete; and (iii) you hold and will continue to hold all
rights necessary to enter into and perform your obligations under these Terms
and Conditions.
In cases where you have
authorized a minor to use a Listersonline.com Property, Service or Paid
Service, you recognize that you are fully responsible for: (i)
the online conduct of such minor; (ii) controlling the minor's access to and
use of a Listersonline.com Property, Service or Paid Service; and (iii) the
consequences of any misuse by the minor. You acknowledge that some of the areas
or portions of a Listersonline.com Property, Service or Paid Service may
contain material that is inappropriate for minors.
User Conduct,
Indemnification and License Granted
All information, data,
text, software, graphics, images, avatars, video, messages, ideas, reviews,
opinions, suggestions or other materials created by users on any part of listersonline.com
Properties, including but not limited to its comment forums and chat boards, (“User
Postings") are the responsibility of the user creating the User
Postings. LISTERSONLINE.COM HAS NO RESPONSIBILITY FOR USER POSTINGS.
However, listersonline.com retains the right, which it may or may not exercise,
in its sole discretion, to review, edit, refuse, block or delete any User
Postings for any reason whatsoever. Listersonline.com will not be liable to you
or any third-party for any modification or discontinuance of your User
Postings. Listersonline.com does not control the User Postings posted on Listersonline.com
Properties and does not guarantee the accuracy, integrity or quality of such
User Postings.
You acknowledge and agree
that listersonline.com may preserve User Postings and may also disclose any
information as necessary to satisfy any law, regulation or governmental
request, comply with legal process, enforce these Terms and Conditions or to
protect itself, its users and/or the public.
You hereby represent and
warrant that you have all necessary rights in and to all User Postings you
provide and that such User Postings shall not infringe any proprietary or other
rights of third parties or contain any libelous, tortious, or otherwise
unlawful information. Without limiting the generality of the foregoing, you
agree not to:
YOU AGREE TO INDEMNIFY
AND HOLD HARMLESS EACH OF LISTERSONLINE.COM, ITS PARENT, AFFILIATES, AND
RELATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND
AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING
WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES RESULTING FROM OR
RELATED TO ANY BREACH OF THESE TERMS AND CONDITIONS, YOUR ACCESS TO OR USE OF LISTERSONLINE.COM
PROPERTIES OR YOUR USE OF OR RELIANCE ON OR PUBLICATION, COMMUNICATION OR
DISTRIBUTION OF ANYTHING FROM LISTERSONLINE.COM PROPERTIES, SERVICES OR PAID
SERVICES. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENCE
OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE
CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
By contributing User
Postings to listersonline.com Properties, you give (or warrant that the owner
of such rights has expressly given) to listersonline.com and its affiliates a
worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and
license to host, cache, store, use, copy, distribute, sell, re-sell, display,
perform, publish, broadcast, transmit, modify, edit, reformat, translate,
create derivative works from or otherwise exploit in any manner whatsoever, all
or any portion of your User Postings for any purpose whatsoever in all formats,
on or through any media or medium now known or hereafter developed and with any
technology or devices now known or hereafter developed without any compensation
to you. You also grant to listersonline.com the right to sub-license and
authorize others to exercise any of the rights granted to listersonline.com
under these Terms and Conditions; and each such third party will be entitled to
benefit from the rights and licenses granted to listersonline.com under these
Terms and Conditions. You further authorize listersonline.com to publish your
User Postings in a searchable format that may be accessed by users of listersonline.com
Properties and the Internet. Such license will apply with respect to any form,
media or technology now known or later developed. In addition, you warrant that
all moral rights in such materials have been waived. You further agree that listersonline.com
is free to use any ideas, concepts, know-how, or techniques contained in any of
the User Postings for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products using such information,
without compensation to you.
Paid Services
If you have subscribed to
a Paid Service your use of that Paid Service and related Content will be
governed by the subscription terms applicable to that Paid Service, in addition
to these Terms and Conditions. You agree that you will not share the Content
you receive through the Paid Service with anyone except as explicitly permitted
by the subscription terms applicable to that Paid Service. You will be required
to register as described at the time of registration for a Paid Service, and
you will be assigned an account for such Paid Service. You agree to provide
accurate and current information about yourself as required by the registration
process, and to promptly update such information as necessary to ensure that it
is kept accurate and complete. You agree to be responsible for: (a) maintaining
the confidentiality of any passwords or other account identifiers which you
choose or are assigned as a result of any registration
for a Paid Service, and (b) all activities that occur under such password or
account, including transactions, subscriptions and purchases effected and all
applicable Paid Services fees, together with all applicable taxes, incurred
through such account. Further, you agree to immediately notify listersonline.com
of any unauthorized use of your password or account. If you provide any
information that is untrue or inaccurate or we have reasonable grounds to
suspect that such information is untrue or inaccurate, we have the right to
suspend or terminate your account and your access to the Paid Services.
Termination of Access
You agree that listersonline.com,
in its sole discretion, may suspend or terminate your password, account, or use
of listersonline.com Properties, Services or Paid Services and remove and
discard any User Postings at its convenience or for any reason, including
without limitation if We believe you have violated or may violate these Terms
and Conditions. You agree that any suspension and/or termination of your access
to listersonline.com Properties, or use of the Services or Paid Services may be
effected without prior notice and that listersonline.com
will not be liable to you or to any other person as a result of any such
suspension or termination.
Links to Third Party
Sites
Users may, through the use of hypertext or other computer
"links" on a Listersonline.com Property, Service or Paid Service,
gain access to other sites on the Internet which are not part of listersonline.com
Properties and which are not controlled by listersonline.com. Listersonline.com
is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by listersonline.com of the site. If you decide
to visit any linked site, you do so at your own risk and it is your
responsibility to take all protective measures and to guard against viruses and
other destructive elements and any collection, use and disclosure of your
personal information through such site. LISTERSONLINE.COM WILL NOT BE
RESPONSIBLE OR LIABLE IN ANY WAY FOR THE ACCURACY, RELEVANCY, LEGALITY, OR
DECENCY OF MATERIAL CONTAINED IN ANY SITE LINKED FROM A LISTERSONLINE.COM
PROPERTY OR FOR ANY INFORMATION OR MATERIAL YOU PROVIDE TO ANY THIRD PARTY.
Unless otherwise
indicated on a Listersonline.com Property, listersonline.com is not sponsored
by or affiliated with the linked sites, and trademarks used in
connection with linked sites are not trademarks of listersonline.com.
DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
TO THE
FULLEST EXTENT PERMITTED BY LAW, LISTERSONLINE.COM IS
PROVIDING LISTERSONLINE.COM PROPERTIES, SERVICES AND PAID SERVICES ON AN
"AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY
CONNECTION WITH LISTERSONLINE.COM PROPERTIES, SERVICES OR PAID SERVICES, THEIR
CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. LISTERSONLINE.COM
DOES NOT WARRANT THAT THE FUNCTION OF LISTERSONLINE.COM PROPERTIES, SERVICES OR
PAID SERVICES OR THEIR CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT LISTERSONLINE.COM PROPERTIES, SERVICES OR
PAID SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT
PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL LISTERSONLINE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING
WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME
OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY OTHER DAMAGES OF ANY KIND
OR CHARACTER, EVEN IF LISTERSONLINE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
INABILITY TO USE ANY OF LISTERSONLINE.COM PROPERTIES, SERVICES OR PAID
SERVICES, THEIR CONTENTS, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED,
OR ANY OTHER MATTER RELATING TO LISTERSONLINE.COM PROPERTIES, SERVICES OR PAID
SERVICES.
THE INTERNET MAY BE
SUBJECT TO BREACHES OF SECURITY. WITHOUT LIMITING THE FOREGOING, LISTERSONLINE.COM
IS NOT RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER'S COMPUTER OR OTHER
ELECTRONIC ACCESS DEVICE FROM ANY SUCH SECURITY BREACH, OR FROM ANY VIRUS,
BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE
FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOU SHOULD ALSO BE AWARE
THAT E-MAIL AND OTHER SUBMISSIONS OVER THE INTERNET MAY NOT BE SECURE, AND YOU
SHOULD CONSIDER THIS BEFORE E-MAILING LISTERSONLINE.COM PROPERTIES OR LISTERSONLINE.COM
ANY INFORMATION OR POSTING INFORMATION TO LISTERSONLINE.COM PROPERTIES.
You expressly acknowledge
that We have relied on the disclaimers, limitations and exclusions of liability
set out in these Terms and Conditions in making listersonline.com Properties,
Services, Paid Services and Content available to you, and that these
disclaimers, limitations and exclusions of liability are an essential part of
this agreement between you and listersonline.com.
Professional Information
Disclaimer
Some of listersonline.com
Properties may contain certain facts, opinions, views, statements,
recommendations and information which may be provided by third parties
including but not limited to third parties in professional fields such as
medicine, law, engineering, accounting, architecture, financial planning,
investments, other health and fitness related areas and other professional
fields (“Professional Information”). Such information is for
informational or entertainment purposes only and is not to be used or construed
as a substitute for professional advice, diagnosis or treatment. Use of any Listersonline.com
Property does not replace consultations with qualified medical, legal,
engineering, accounting, architectural, financial planning, investment, or
other professionals. Professional Information may be subject to change and
could be out of date. You acknowledge that any reliance on such Professional
Information is at your sole risk and that listersonline.com does not provide
you with or endorse any medical, health, tax, legal, accounting, investment or
other professional advice or advocate the purchase or sale of any security or
investment. You further acknowledge that you are solely responsible for your
own research and decisions, including without limitation investment and
financial planning decisions. You agree that listersonline.com shall not be
responsible or liable in any way for any loss or damage of any kind directly or
indirectly incurred as a result of, or in connection
with the use of, or reliance on, any Professional Information.
Third Party
Advertisements
Third party advertisers (“Advertisers”)
may offer goods, services and other materials to you on listersonline.com
Properties. Your correspondence and business dealings with Advertisers
including, but not limited to, the payment and delivery of goods and services,
and any terms, conditions, warranties and representations associated with such
dealings, are solely between you and the Advertiser. You agree that listersonline.com
will not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or the offering of such goods, services and
other materials on listersonline.com Properties.
Descriptions of, or
references to, products or publications within listersonline.com Properties do
not imply endorsement of that product or publication. Your dealings or
communications through listersonline.com Properties with any party other than listersonline.com
are solely between you and that third party. Under no circumstances will listersonline.com
Properties, or listersonline.com, be liable for any goods, services, resources
or content available through such third-party dealings or communications, or
for any harm related thereto. Please review carefully that third party's
policies and practices and make sure you are comfortable with those policies
and practices before you engage in any transaction. Any complaints, concerns or
questions you may have relating to materials provided by third parties should
be forwarded directly to the third party.
Software
Any software that is made
available to view and/or download in connection with listersonline.com
Properties, Services or Paid Services ("Software"), is owned or
controlled by listersonline.com and/or its licensors, affiliates and suppliers
and is protected by copyright laws and international treaty provisions. Your
use of the Software is limited to private, non-commercial use and is governed
by these Terms and Conditions and the terms of the end user license agreement,
if any, which accompanies or is included with the Software. You agree that it
is your responsibility to review and evaluate the Software and the related end
user license agreement, and that all risk associated with the use of, or
reliance on, the Software rests with you. You further agree that listersonline.com,
to the maximum extent permitted by law, makes no warranties regarding the
Software, and will not be responsible or liable, directly or indirectly, in any
way for any loss or damage of any kind incurred as a result
of, or in connection with your use of, or reliance on, the Software,
including the failure of the Software to meet your needs, standards,
expectations or specifications.
Privacy
By using listersonline.com
Properties, Services or Paid Services you consent to the collection, use and
disclosure of certain personal information in accordance with our Privacy Policy , and you acknowledge that
you have read and understood our Privacy Policy.
Submissions
Listersonline.com would
be happy to hear any ideas or suggestions related to the improvements or
additions to listersonline.com Properties, Services or Paid Services. ALL
SUCH IDEAS, SUGGESTIONS AND ANY OTHER IDEAS, SUGGESTIONS, MATERIALS OR CONTENT
YOU SUBMIT OR PROVIDE TO LISTERSONLINE.COM (COLLECTIVELY,
"SUBMISSIONS") WILL BE SUBJECT TO THESE TERMS AND CONDITIONS AND ANY
DISCLOSURE OF SUCH SUBMISSIONS WILL NOT UNDER ANY CIRCUMSTANCES BE SUBJECT TO
ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY PROVIDING
A SUBMISSION YOU ARE WAIVING ANY AND ALL RIGHTS THAT
YOU MAY HAVE IN THE SUBMISSION AND YOU ARE REPRESENTING THAT THE SUBMISSION IS
WHOLLY ORIGINAL TO YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE SUBMISSION AND
THAT LISTERSONLINE.COM IS FREE TO IMPLEMENT THE SUBMISSION AS PROVIDED OR AS
MODIFIED BY LISTERSONLINE.COM WITHOUT OBTAINING THE PERMISSION OR LICENSE OF
ANY THIRD PARTY.
Jurisdiction and Governing
Law
Listersonline.com
Properties, Services and Paid Services are controlled and operated by listersonline.com.
Its offices are located in Ontario, Canada. If you
choose to access listersonline.com Properties from another location, you are
responsible for compliance with local laws, if and to the extent local laws are
applicable.
These Terms and
Conditions shall be governed by and construed in accordance with the laws of
Ontario, Canada, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or in connection with these Terms and Conditions or listersonline.com
Properties shall be filed only in the provincial or federal courts located in
Ontario, Canada and hereby submit to the nonexclusive jurisdiction of such
courts. You also agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of listersonline.com
Properties or these Terms and Conditions must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
Except where prohibited
by applicable law, you agree to waive any right you may have to commence or
participate in any class action against us related to any claim and, where
applicable, you also agree to opt out of any class proceedings against us.
Miscellaneous
If any provision of these
Terms and Conditions shall be deemed unlawful, invalid or unenforceable by a
court of law, then the impugned provision shall be deemed severed and shall not
affect the validity and enforceability of any remaining provisions. No waiver
of any of the terms of these Terms and Conditions will be of any force or
effect unless made in writing and signed by a duly authorized officer of listersonline.com.
The section titles in these Terms and Conditions are for your convenience only
and do not have any legal or contractual effect.
The failure of listersonline.com
to comply with these Terms and Conditions because of an act of God, war, fire,
riot, terrorism, earthquake, actions of federal, state or local governmental
authorities or for any other reason beyond the reasonable control of listersonline.com,
shall not be deemed a breach of these Terms and Conditions.
These Terms and
Conditions, including all terms, policies, and guidelines referenced in these
Terms and Conditions, together with any agreement governing your use of Paid
Services, where applicable, is the entire agreement between you and listersonline.com
concerning listersonline.com Properties, Services and Paid Services. These
Terms and Conditions supersede all prior agreements or communications between
you and listersonline.com regarding the subject matter of these Terms and
Conditions.
The parties have required
that these Terms and Conditions and all terms, policies and guidelines relating
thereto be drawn up in English. Les
parties aux présentes déclarent qu'elles ont exigé que cette entente et tous
les documents y afférant soient redigés en langue
anglaise.