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This document describes the terms and conditions on which buy-and-sell.com offers a Member ("You") access to our services. If You have a question about these terms or our service that is not addressed in this document, please contact us via our website. PLEASE READ THIS AGREEMENT CAREFULLY BY ACCEPTING THIS AGREEMENT, YOU ACCEPT THESE TERMS AND CONDITIONS (the "Terms"). This agreement was revised on December 12, 2001. Acceptance of Terms By completing the sign-up process and checking the box indicating that you have read the Member Agreement, You agree to these Terms. buy-and-sell.com may amend these Terms from time to time. We will notify You of any material updates to these Terms. If You do not agree to the changes, You may simply discontinue your account. The amended Terms shall automatically be effective fourteen (14) days after they are initially posted on our site. Your continued use of our service will signify your acceptance of the updated Terms. This Agreement may not be otherwise amended except in writing and signed by both parties. buy-and-sell.com Is Only a Venue buy-and-sell.com acts as a classified service for Members to locate people to buy, sell, and negotiate the exchange of goods and services. We do not own or handle any of the goods and services listed on the site. As a result, we cannot verify or endorse the quality, safety, or legality of the items listed, or the truth or accuracy of the item listings. Information Your information includes any information You provide to us or other Members during the registration, trading, or listing process, in any public message area or through any email feature, including all text descriptions and/or photographs, digital images, or renderings of Your Items ("Your Information"). With respect to Your Information: Responsibility. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication. We may, however, take any action with respect to such information we deem necessary or appropriate at our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Content. You agree that Your Information and the items and services You list on buy-and-sell.com: will not be fraudulent or involve the sale of counterfeit or stolen items; will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy (See our privacy policy); will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising); will not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; will not be obscene or contain child pornography; will not contain any viruses, Trojan horses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; will not link directly or indirectly to or include descriptions of goods or services that (i) are prohibited under this Agreement or (ii) You do not have a right to link to or include. Fees. Unless otherwise stated, all monetary values are quoted in Canadian Dollars. You are responsible for paying all applicable taxes and duties and for all hardware, software, service, and other costs You incur to trade, procure a listing from us, or access our servers. We reserve the right to change or discontinue, temporarily or permanently, some or all of our services at any time without notice. License. You agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) You have in Your Information, in any media now known or not currently known, for the purpose of offering our services. Privacy. buy-and-sell.com will only use Your Information in accordance with our Privacy Policy. System. 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We cannot assume responsibility for the timeliness, deletion, misdelivery, or failure to store any Member data, communications, or personalization settings. WE AND OUR SUPPLIERS PROVIDE THE BUY-AND-SELL.COM WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Some provinces may not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights which vary from province to province. Suspension/Termination. We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership, any of your current listings, and any other information You place on the site if You breach this Agreement or if we are unable to verify or authenticate any information You provide to us. Without limiting any other remedies, buy-and-sell.com may suspend or terminate your account if You are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site. Limit of liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some provinces may not allow the limitation of liability, so the foregoing limitation may not apply to You. General compliance with laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, and sale of items. No agency. You and buy-and-sell.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Notices. Except as explicitly stated otherwise, any notices shall be given via our website (in the case of buy-and-sell.com) or to the email address You provide to buy-and-sell.com during the sign-up process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to buy-and-sell.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. General. This Agreement shall be governed in all respects by the laws of the province of Ontario as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. == END OF AGREEMENT ==
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