Agreement Between User and Listex
The listex.ca website (the "Site") is comprised of various web pages operated by Listex and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Electronic Communications
Visiting listex.ca or sending emails to Listex constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Listex is not responsible for third party access to your account that results from theft or misappropriation of your account. Listex and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Listex’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Listex may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Listex does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use listex.ca only with permission of a parent or guardian.
Refund Policy
We want you to be completely satisfied with use of our service. If you’re not, let us know at sales@listex.ca and we’ll make it right.
Links to Third Party Sites/Third Party Services
Listex.ca may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Listex and Listex is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Listex is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Listex of the site or any association with its operators.
Certain services made available via listex.ca are delivered by third party sites and organizations. By using any product, service or functionality originating from the listex.ca domain, you hereby acknowledge and consent that Listex may share such information and data with any third party with whom Listex has a contractual relationship to provide the requested product, service or functionality on behalf of listex.ca users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use listex.ca strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Listex that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Listex or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site without prior written permission from Listex. Products available on Listex are not intended for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Listex and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Listex or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Listex has no obligation to monitor the Communication Services. However, Listex reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Listex reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Listex reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Listex's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Listex does not control or endorse the content, messages or information found in any Communication Service and, therefore, Listex specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Listex does not claim ownership of the materials you provide to listex.ca (including feedback and suggestions) or post, upload, input or submit to any Listex Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Listex, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Listex is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Listex's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by Listex from our offices in Canada. If you access the Service from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use the Listex Content accessed through listex.ca in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Listex, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Listex reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Listex in asserting any available defenses.
DISCLAIMER
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THIS SITE IS PROVIDED BY Document Content Service Canada Inc.("Listex") ON AN "AS IS" AND "AS AVAILABLE" BASIS. Document Content Service Canada Inc.("Listex") MAKES NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR SERVICES PROVIDED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, Document Content Service Canada Inc.("Listex") DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) RELATING TO THIS SITE OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Document Content Service Canada Inc.("Listex") DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS SITE AND THAT THIS SITE WILL BE ERROR-FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT .
THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.
LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Document Content Service Canada Inc.("Listex") AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS SITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS SITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS SITE, AND ANY LINKS PROVIDED ON THIS SITE; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE TIPS, ADVICE, GUIDES AND OTHER INFORMATION CONTAINED ON THIS SITE OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS SITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS SITE; (5) ANY TRANSACTION CONDUCTED ON THIS SITE; AND (4) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Document Content Service Canada Inc.("Listex") HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.
GENERAL
Except for any additional terms incorporated into any purchase made through this Site, this Agreement represents the complete agreement between you and Document Content Service Canada Inc.("Listex") in relation to the use of this Site and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of this Agreement shall remain in full force and effect. The delay or failure of Document Content Service Canada Inc.("Listex") to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Document Content Service Canada Inc.("Listex") rights with respect to such breach or any subsequent breaches. Document Content Service Canada Inc.("Listex") shall not be liable for any delay or failure to perform any of its obligations under these Terms of Use if such delay or failure is due to causes beyond its control. You may not assign these Terms of Use to any third party without the prior written consent of Document Content Service Canada Inc.("Listex"). These Terms of Use will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Document Content Service Canada Inc.("Listex") and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with Document Content Service Canada Inc.("Listex") or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the Province of Ontario unless required otherwise by applicable laws of your province of residence. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.
Changes to Terms
Listex reserves the right, in its sole discretion, to change the Terms under which listex.ca is offered. The most current version of the Terms will supersede all previous versions. Listex encourages you to periodically review the Terms to stay informed of our updates.
Copyright Policy
Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to Document Content Service Canada Inc.("Listex") , or one of their respective affiliates, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Document Content Service Canada Inc.("Listex") and is also protected by Canadian, U.S. and international copyright laws.
Document Content Service Canada Inc.("Listex") and its suppliers and licensors expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Document Content Service Canada Inc.("Listex") or any third party's intellectual property rights.
Document Content Service Canada Inc.("Listex") names and logos and all related product and service names, design marks and slogans are the trade-marks or service marks of Listex and are used in Canada under exclusive license by Document Content Service Canada Inc.("Listex"). All other marks are the property of their respective owners. No trade-mark or service mark license is granted in connection with the materials contained on this Site.
