THIS AGREEMENT WAS LAST UPDATED ON OCT 05, 2008
When you sign up for any service within the eListit you agree to all of the terms and conditions of this Agreement.
Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to register. By using the Service after JUNE 05, 2006 you are agreeing to be bound by this Agreement, including all amendments made to date.
This Agreement constitutes your agreement with eListit Inc. ("eListit") with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means eListit or any successor or assign of eListit.
Right to Use
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
You represent, warrant and covenant that you are at least 18 years old.
Code of Conduct
You agree to use the Service in accordance with the following Code of Conduct:
a. you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
b. you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;
c. you will not forward chain letters through the Service;
d. you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
e. you will not post or otherwise distribute messages, pictures or use the Service in any way which i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or
ii. is fraudulent, misleading or otherwise unlawful or violates any law;
f. you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
g. you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, eListit systems or to other members' systems in any way;
Unless you indicate on your Preferences page that you do not want to participate in such programs, you agree to grant eListit a license for the right to use your images*, text* on our site or in the marketing of the Service.
Users of the Service may become "Free Members" of the Service. Free Members are not charged by us for the features they can access. Certain other features of the Service are "paid features", for which a All Members are charged.
Fees and Payments
eListit may from time-to-time test different payment models and fees. Upon the completion of registration, your account may be placed into the "Option A" Free Membership service schedule.
a. A Free Membership receives a subscription giving access to the "Free features" of the Service.
b. If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any reason, any listings within your account will be terminated.
We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method of payment which is acceptable to us, at our sole discretion.
If there is a fee for services, you agree to pay or have paid all fees and charges incurred in connection with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
Privacy and Use of Information
By using the services you have also agreed to our Privacy Statement. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you post on the Service or provide to them and you should use caution in selecting the personal information you post or provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service, this includes information which we may provide directly to you but which has been posted or provided to us by other users of the Service.
You may not use the Service for any unlawful purpose. We may refuse to grant you an Membership that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
You confirm that you will have obtained full right, title, interest and permissions in and to any, pictures or prior to your posting to or otherwise distributing them through the Service.
Monitoring of Information
We reserve the right to monitor all advertisements, public postings, messages to ensure that they conform to the content guidelines which may be applicable from time to time.
Removal of Information
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of your listings, public postings, messages, and other materials you may upload to the Service or users of the Service.
Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
The Service contains information which is proprietary to us our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. For additional information, please refer to our Legal Section.
You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member listings, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by eListit, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member listings, advice, statement or information shall be at your sole risk.
We do not represent or endorse the accuracy or reliability of any member listings, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by eListit or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Disclosure and Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.
This Agreement is entered into in Ontario, Canada. You agree that it will be governed by the laws of the Province of Ontario and any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la présente entente soit rédigée en anglais.
THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF THE PROVINCE OF ONTARIO, CANADA.
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. eListit has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of eListit, if eListit’s obligations hereunder are assumed by a third party, eListit shall be relieved of any and all liability under this Agreement.
© eListit Inc, 2008.