Terms of Use

SUBURB BEAUTIFUL

TERMS OF USE

Last Revised: April 3, 2023

This Terms of Use Agreement (this “Agreement“) governs your access to and use of the website located at www.suburbbeautiful.ca (the “Website“), together with the services and applications which are made available through the Website.

Carolyn Krutkevich (the “Owner”) owns the Website and such services and applications, or contracts with third parties to provide them to you. The Website serves only as a platform provider, and any decisions regarding the obtaining of services that are advertised or otherwise described on or through the Website are solely those of the Service Provider, Advertiser or Customer (as those terms are defined below) and not the Owner.

In consideration for your right to access and use the Website and the Services, you agree to the terms and conditions set out below.

As used in this Agreement, “you” means (and “your” refers to) the user of the Services, “we” means (and “us”, “our”, and “ours” refer to) the Owner, and “Services” means any and all services and products that are made available on or through the Website or apps we offer from time to time, unless otherwise provided herein. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.

IMPORTANT! YOUR ACCESS TO THE WEBSITE AND THE SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED.  ACCESSING AND USING THE SERVICES IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.

You can view, print, download or save this Agreement at any time, under the “Terms of Service” link that appears on the Website.

Part 1 – Service Providers and Advertisers

Part 1 applies only to Service Providers and Advertisers (as those terms are described below in this Part). As used in this Part, “you” means (and “your” refers to) a Service Provider or an Advertiser, as the case may be.

1. Our Services

The Website connects people who are looking for particular goods and services (“Customers”) with local businesses who are able to provide those goods and services (“Service Providers”). For a monthly fee, Service Providers reserve the right to be listed on the Website’s services directory. When a Customer is looking for a local business that can meet their needs, they can use the Website to find a Service Provider right in their back yard.

Service Providers may also have the opportunity to place paid advertisements on our Website (each such person who places an advertisement being referred to as an “Advertiser”).

2. Account Registration

To register as a Service Provider, you must sign up and create an account using the Services. This may include the provision of a biography, a description of your products and services and proof satisfactory to us, acting reasonably, of your residency in the geographic area which comprises the Website’s target market. Service Provider and Advertiser accounts are subject to a review process. When you sign up for an account, we will review your application and you will be able to join the Website only if your application is approved, by us, in our sole and absolute discretion.  Please note that as part of that review and approval process, we may review your business’s website presence.  If you do not want us to review your website for that purpose, do not sign up to become a Service Provider.

You must also authorize at least one individual (each, an “Authorized User”) to access your account and use its features. This requires the submission of certain information, including a name, email address and a password.  When you register, you agree to provide accurate, current, and complete information about your organization and update it as necessary.

We reserve the right to refuse registration of accounts, or to cancel any existing accounts, that we deem to be inappropriate, in our sole discretion. If you use the Services, you are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activity that occurs under your account (and the activities of your Authorized Users). We are not responsible for updating your account. When you provide information to us, you represent and warrant that you have legal authority to do so. In particular, you represent and warrant that: you are entitled to submit the information to us; the information is accurate; and the information is not confidential, in violation of any contractual restrictions or third party rights.

We provide you the opportunity to connect with Customers for the purposes of providing goods and services to them, but you are ultimately responsible for your decision to pursue a particular opportunity with a potential Customer. We take no part in any communication you have with Customers, and we are not responsible for, or a party to, any agreements you may enter into with these people, including, but not limited to, the offering of your goods and services.

3. Payment

TERMS OF PAYMENT:  Terms of payment are as set out below and on the Website, from time to time.

PRICE:  The Services provided to you are sold on the basis of a monthly or annual subscription fee, which provides the ability for you to be listed on the Website as one of our Service Providers.

These prices (and any other charges in connection with your use of the Services, collectively referred to as the “Fees”) will be as set out on our Website when this Agreement is accepted or as otherwise set out in an a separate order form or other written agreement to that effect (each, an “Order Form”). At any time, in our sole discretion, we reserve the right to change the Fees, provided at least fourteen (14) days’ notice is provided to you. Any changes to the Fees which involve a monthly or an annual subscription fee will take effect in the Billing Period immediately following our notice to you. Your use of the Services after notice is given confirms your acceptance of such terms.

Payments in relation to the Services are due monthly or annually in advance and shall be withdrawn by and paid to us no later than the first day of each month or year (as the case may be). Other payments of Fees authorized by and due under this Agreement shall be withdrawn by and paid to us within ten (10) days after the issuance by us to you of an invoice in respect of such Fees.

In the event of any non-payment or late payment by you of any amounts payable by the you to us, we shall, at our exclusive option and in addition to any other remedies available at law or equity or contained in any other agreement between us and you, be entitled to: (a) without terminating this Agreement, cease to provide Services to you, without being deemed in violation of our obligations under this Agreement; or (b) terminate this Agreement or any other agreement now or then in force between you and us.

BILLING SCHEDULE: To use the Website, you must provide us your credit card or other payment details acceptable to us. You authorize us to use those details for the sole purpose of transacting the payment of Fees owing pursuant to this Agreement. If you would like to be listed as a Service Provider, you will be billed a monthly fee or an annual fee (depending on the nature of your subscription) in advance, commencing on the day you sign up for an account and on the one-month anniversary date and in each month thereafter, or one-year anniversary date and in each year thereafter (as the case may be), during the term of this Agreement (“Billing Period”).

CANCELLATION AND REFUNDS:  You may cancel your subscription on two (2) months’ notice by contacting us at info@suburbbeautiful.ca. Any unused portion of the monthly or annual subscription fee that has already been paid will not be refunded, however, you will have access to your account to the end of your current Billing Period. The Fees are payable regardless of whether or not you ultimately enter into a contractual relationship with any Customer.

RENEWALS: Your monthly or annual subscription will automatically renew for successive one (1) month or year periods (as the case may be), at our then current prices as set out on the Website or through the Services, from time to time, until you cancel your subscription upon two (2) months’ written notice to us.

ACCESS TO SERVICES:  To access the Services as a Service Provider, you will be required to activate your payment method by entering your credit card information (or such other payment methods as we may offer to you, from time to time). If your payment method is declined or becomes invalid, your account will be locked until such time your payment method is activated with a valid credit card.

CURRENCY: Unless stated otherwise, all prices quoted are payable in Canadian currency.

CHARGEBACKS AND DISPUTES:  You agree to indemnify and hold harmless us and our, subsidiaries, affiliates, employees, partners, representatives, agents, licensors and their respective successors and assigns (collectively, “Others“), against any chargeback costs (plus any related fees) which we are required to pay, as a result of a payment dispute with you or in relation to a payment you have made to us through the Website or the Services.

TAXES:  The cost of all applicable taxes arising from your use of the Services shall be added to the Fees that you are responsible for paying us.

THIRD PARTY PAYMENT PROCESSOR:  Payment of the Fees may be processed by and through a third party payment processor, made available to you through the Website, or otherwise. The processing of your payment is therefore conducted by an entity wholly separate from and independent of us, and we hereby disclaim absolutely any and all liability, whether, direct, indirect, vicarious or otherwise, for the processing of your payment. You acknowledge and agree that we provide access to such third party payment processors “as is” without any warranties, representations or conditions of any kind. Your use of third party payment processors is entirely at your own discretion and you should ensure you are familiar with, and approve, the terms on which such services are provided by the relevant third party payment processors. We do not have access to your personal credit card details and your personal details are subject to the security policies and systems employed by the third party payment processor. As such, you are advised to make yourself familiar with such security policies and systems. Other payment methods may be made available in the future, and you should read this Agreement periodically for the methods that may then be available.

Part 2 – General Terms and Conditions

Part 2 applies to all users of the Services, including individuals who access the Website.

1. Your Personal Information and Privacy

You consent to our collection, use and disclosure of the personally identifiable information you provide to us when you register for and use the Services, in accordance with our Privacy Policy. You can click here to review our Privacy Policy, which explains what personally identifiable information we collect, how we use it and with whom it is shared.

2. Consent to Electronic Communication

When you visit the Website, use the Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Reviews of Service Providers

Service Provider products and services are available for review by reference to whether Customers recommend or do not recommend the Service Provider, upon completion of the provision of products and services. A failure to maintain a set approval rating (currently, 2.5 stars, but subject to change, at our discretion) could result in a Service Provider being de-listed from listing on the Website in favour of other Service Providers. In that event, Service Provider may choose to terminate the Agreement upon notice to us in accordance with Part 1, or attempt to restore a more positive rating from Customers.

4. Modification to the Services and this Agreement

We may revise this Agreement, at any time, by updating this posting.  We may provide notice to you of such revisions by means of a general notice on the Website.  Your continued use of the Services after such revisions are posted will signify your agreement to these revised terms.  Therefore, you should visit this page periodically to review this Agreement.

5. Free Services and Special Offers

We may agree to make certain aspects of being listed as a Service Provider available to you free of charge, at a reduced charge, or otherwise subject to special terms and provisions, including, without limitation, as to subscription length, renewal options and exclusivity within your category of products and services (a “Special Offer”). The terms and provisions applicable to a Special Offer will be those set out on our Website or in the Order Form to which the Special Offer relates. To the extent that those terms and provisions are inconsistent or in conflict with the terms and provisions of this Agreement, the terms and provisions of the Special Offer will prevail and govern, but only to the extent of the Services which are the subject of the Special Offer. Subject thereto, the Special Offer will end upon the first to occur of: (a) the end date set out in the terms and provisions which apply to the Special Offer; or (b) termination of the Special Offer in accordance with its terms and provisions or this Agreement, or by us, in our sole discretion.

6. Ownership of Content

Our Content: Except for Your Content (which is discussed below), all materials displayed or otherwise accessible on the Website or through the Services, including, without limitation, text, photographs, images, illustrations, graphics, icons, code (collectively, “Our Content“) and the selection and arrangement of Our Content on the Website are protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licences, in Our Content.  Portions of Our Content may have been licensed to us or otherwise been made available from third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the Website or Our Content, other than for the purpose of consummating agreements between Service Providers or Advertisers and Customers, whether in whole or in part, without our express written permission, is strictly prohibited.  The display of Our Content does not imply that you have been granted a license by us or other entities with respect to it.

Your Content: You retain ownership in and to materials you submit to us, including, without limitation, your text, photographs, images, illustrations, graphics and icons (collectively, “Your Content“), but you agree to grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use Your Content, as we see fit, in our sole discretion, for the purpose of providing the Services and supporting our operation of the Services, generally, in accordance with our Privacy Policy. We reserve the right to disclose Your Content, at any time, as is required to comply with applicable laws, and the right to remove any of Your Content that is in violation of the terms and conditions of this Agreement. You also agree that any rights you assert in and to Your Content will be subject to standards of commercial reasonableness.  You may request deletion of Your Content, but our ability to delete Your Content may be restricted if you have shared it with others.

Trademarks: Certain words, phrases, names, designs or logos on the Website may constitute trademarks, services marks, or trade names that are owned by us or others. The display of such marks on the Website does not imply that you have been granted a licence by us or others with respect to them.

7. Complaints

If you believe in good faith that any material that is made available on the Website infringes your copyright, or if you have any other complaints about your use of the Services, please contact us at info@suburbbeautiful.ca. You can also contact us if another Member provides content or otherwise uses the Services in a way that you find objectionable.  While we are not responsible for how others use the Services, we will make commercially reasonable efforts to make your use of the Services enjoyable.

8. Limited Licence

Subject to the terms and conditions of this Agreement, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use the Website, including a limited license to download, print and store single copies of Our Content from the Website, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, in the Website. Except for the purpose of consummating agreements between Service Providers or Advertisers and Customers, Our Content must not be reproduced, republished, or disseminated in any manner or form without our prior written consent or the prior written consent of the third parties from which such information was collected, as the case may be.

9. Acceptable Uses of the Services

While you use the Services, you must comply with all applicable laws, rules and regulations, as well as this Agreement and our Privacy Policy. In addition, your use of the Services is based on the following rules of conduct.  You will not:

• Post, transmit, or otherwise make available any material that is or may be (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; (e) an infringement of another person’s privacy by disclosing the personal information of another individual without their knowledge and consent; or (f) criminal or otherwise contrary to applicable law.
• Submit untrue or bad faith ratings of Service Providers.
• Post, transmit, or otherwise make available any material that may violate the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith.
• Use the Website in a manner which will violate or solicit the violation of any applicable local, provincial, territorial, state, national or international law, rule or regulation, including, without limitation, applicable privacy laws and CASL.
• Use the Website to post, transmit, or otherwise make available any material which would: (a) give rise to criminal or civil liability; (b) encourage conduct that constitutes a criminal offence; or (c) encourage or provide instructional information about illegal activities.
• Impersonate any person or entity, including, but not limited to, any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent.
• Post, transmit, or otherwise make available any virus, worm, trojan horse, spyware, or any other computer code, file, or program that may, or is intended to, damage or hijack the operation of any hardware, software, server or telecommunications equipment.
• Interfere with or disrupt the Website.
• Use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
• Post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunity, or any other form of solicitation.
• Use Website or the Services, if you are a minor. Parents and legal guardians are responsible for ensuring their children do not use the Services.
• Use the Website or the Services if you are in violation of this Agreement.

Any person who is found or reasonably suspected to have violated the rules of conduct provided above may be barred from using the Website, in our sole discretion, and may be subject to other legal remedies.

10. Practices Regarding Use and Storage

Storage or Deletion of Content: You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us, including, without limitation, Your Content and Our Content. We will provide you access to Your Content, through your use of your account, but we are not responsible for copying, extracting or otherwise transferring Your Content to you.

Limits on Storage: We retain the right to create limits on use and storage, at our sole discretion, at any time, with or without notice.

Our Access to Stored Content: We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary, including, without limitation, Your Content, to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect our rights, property or safety, our users or the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.

11. Customer Service

We may make customer service features available to you, as a courtesy only.  We are not obliged to provide customer service to you and our decision to do so shall not create an obligation to provide additional customer service to you.

12. Linking and other Websites

No Endorsement or Responsibility: The Website may include links to other websites, solely as a convenience to users. We do not endorse any users (including Service Providers or Advertisers), linked websites or the information, material, product, services or opportunities created by, listed in, or contained on linked websites or accessible through other users or linked websites. We make no express or implied warranties with regard to the information, material, product, services, or opportunities that are contained on or accessible through other users and linked websites.

Use at Your Own Risk: Your access to and use of other users’ and linked websites, including information, materials, products, services, and opportunities on linked websites or available through other users’ and linked websites, is solely at your own risk and, with respect to linked websites, is governed by the terms of service of the linked website. If there is any conflict between this Agreement and any of the terms or notices set forth on any other website, then the terms of that other website will control your use of that link. Please review the terms of use for each link so that you understand all of the terms that will apply. You should note that the Internet is an inherently insecure medium, and sending any online communication provides no guarantee of successful delivery. Care should be taken to ensure that the content of your online communication is not sensitive or confidential, since we can take no responsibility for communication which is lost, delayed, or misdelivered.

Linking to the Website: Please request permission to link to the Website prior to linking to the Website. We reserve the right to cancel and revoke any permission we may give to link to the Website at any time, for any reason, without any notice, and without any liability to you or any other person.

13. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, OBTAINING PRODUCTS AND SERVICES FROM A SERVICE PROVIDER OR AN ADVERTISER), IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WE TAKE NO RESPONSIBILITY FOR AND DO NOT ASSUME ANY OBLIGATION TO REVIEW OR PRE-SCREEN ANY CUSTOMER, ADVERTISER OR SERVICE PROVIDER ACCOUNTS THAT ARE CREATED AND MADE AVAILABLE THROUGH THE SERVICES, OR THE CREDENTIALS OR QUALIFICATIONS OF ANY USER OR ANY REVIEWS THEY MAY LEAVE ON OR THROUGH THE WEBSITE.

WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR THE OUTCOME OF ANY SERVICES OFFERED BY YOU, OTHER SERVICE PROVIDERS, ADVERTISERS OR CUSTOMERS, OR ANY OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR VERIFYING THE VERACITY OF CLAIMS MADE BY ANY SERVICE PROVIDERS, ADVERTISERS OR CUSTOMERS AS TO THE EDUCATIONAL OR PROFESSIONAL QUALIFICATIONS THEY POSSESS, AND SHALL NOT BE HELD LIABLE FOR ANY SUCH CLAIMS WHICH MAY BE PROVEN TO BE UNLAWFUL, DECEPTIVE, MISLEADING, FRAUDULENT OR TORTIOUS, NOR ARE WE INVOLVED WITH, OR RESPONSIBLE FOR, THE CUSTOMER’S DECISION TO SELECT A SERVICE PROVIDER. WE CANNOT GUARANTEE THAT ANY SERVICE PROVIDERS WILL RESPOND TO A REQUEST FOR PRODUCTS OR SERVICES, OR THAT ANY SUCH RESPONSE WILL BE SUITABLE FOR THE CUSTOMER’S NEEDS.

WE ARE NOT A PARTY TO THE RELATIONSHIP BETWEEN YOU AND ANY OTHER SERVICE PROVIDER, ADVERTISER OR CUSTOMER, AND AS SUCH, WE HAVE NO RESPONSIBILITY TO YOU AS REGARDS: (A) THE PRODUCTS AND SERVICES YOU PURCHASE OR SELL (OR OFFER TO PURCHASE OR SELL) TO OR FROM SERVICE PROVIDERS, ADVERTISERS OR CUSTOMERS (AS THE CASE MAY BE); (B) YOUR INTERACTION WITH ANY OTHER SERVICE PROVIDER, ADVERTISER OR CUSTOMER; (C) ANY TRANSACTIONS YOU MAY ENTER INTO OR ATTEMPT TO ENTER INTO, WITH ANY OTHER SERVICE PROVIDER, ADVERTISER OR CUSTOMER; (D) COLLECTING OR REMITTING ANY APPLICABLE TAXES, IN RESPECT OF SUCH TRANSACTIONS.  YOU AGREE THAT YOU WILL HAVE NO RECOURSE OR REMEDY AGAINST US, EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE.

NEITHER US NOR OUR SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS, MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SERVICES OR THEIR CONTENTS (INCLUDING CONTENT YOU SUBMIT TO THE SERVICES). WITHOUT LIMITING THE FOREGOING, NEITHER US NOR OUR SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS, REPRESENT OR WARRANT THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO RECOURSE: We (as the owner and operator of the Website and the Services), Service Providers, Advertisers and Customers are all fully independent contracting parties. Any products or services offered by a Service Provider or Advertiser and accepted by a Customer, are offered and accepted independently from, and to the full exclusion of, us, at a price which is set at the full, sole and exclusive discretion of the Service Provider or Advertiser and to the full exclusion of us. Any price suggested by a Service Provider or Advertiser is subject to negotiation between the Service Provider or Advertiser and the Customer, on their own behalf and for their own benefit, as fully competent contracting parties independent of us. For greater certainty, we provide an enabling platform to connect Service Providers or Advertisers and Customers, only.

In addition, your use of the Website and the Services may rely on information which is offered by Service Providers or Advertisers (as the case may be). We have no responsibility to you for anything these third parties do (or fail to do) and we provide no warranties or guarantees about third parties or the information or services they provide. Your use of such services may be subject to specific terms and conditions which are set by those third parties. Further, we are not a party to any relationship between you and any third party which is formed as a result of or otherwise through the Website or the Services, including, but not limited to, you and a Service Provider, Advertiser or Customer (as the case may be), and as such, we have no responsibility to you as regards your relationships with these third parties. You acknowledge and agree that you have no recourse against us for any acts or omissions of third parties, and your interaction with third parties is entirely at your own risk.

Use at Your Own Risk: Access to the Services is provided “as is” and without warranties of any kind, either express or implied. By accessing and using the Services, you acknowledge and agree that it is entirely at your own risk. We are not responsible for your reliance on the Services. While we try to keep the Services available without interruption, we are not responsible for ensuring the Services are available or that they will convey information to anyone, on your behalf. We recommend that you review each Service Provider’s or Advertiser’s website and other information provided by that Service Provider or Advertiser, before you conclude any purchase of products or services from them.

Verification: We are not responsible for verifying your identity, the identity of anyone who uses your account, or the identity or legitimacy of any other user, posting, resume, or profile.

14. Limitation of Liability, Release and Indemnity

THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN INDEMNITY, FROM YOU, IN FAVOUR OF US.  PLEASE READ IT CAREFULLY.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US, ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY BREACH OF THIS AGREEMENT, FUNDAMENTAL OR OTHERWISE; OR (B) ANY OF OUR NEGLIGENCE, ACTS OR OMISSIONS; OR (C) ANY PROVISION, DUTY OR REQUIREMENT OF ANY STATUTE; OR (D) THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER, OR (E) ANY DUTY AT LAW OR IN EQUITY. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER ARISING OUT OF, RELATED TO OR CAUSED BY THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR THE SERVICES EXCEED A MAXIMUM AMOUNT EQUAL TO THE AMOUNT ACTUALLY PAID BY YOU TO US WITHIN THE TWELVE (12) MONTHS’ PERIOD PRECEDING THE CLAIM, OR $1,000 (WHICHEVER IS LESSER). YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 14 REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.

RELEASE:   EXCEPT AS SET OUT IN THIS SECTION 14, YOU AGREE TO RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE WEBSITE AND THE SERVICES.

INDEMNITY:  YOU AGREE TO INDEMNIFY, SAVE AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS, CHARGES, INTEREST AND EXPENSES, OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEBSITE AND THE SERVICES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY AGREE TO PAY ALL COSTS, FEES AND EXPENSES, ON A SOLICITOR AND OWN CLIENT BASIS, WHICH MAY BE INCURRED BY US, RELATING TO YOUR USE OF THE WEBSITE AND THE SERVICES.

SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 14 MAY NOT APPLY TO YOU.

FOR THE PURPOSE OF THIS SECTION 14, THE TERMS “WE”, “US” AND “OUR” SHALL INCLUDE OUR AFFILIATES AND OURS AND OUR AFFILIATES’ RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS.

15. Conflict of Laws

Application of Manitoba Laws: We are physically located, and all activities with respect to the Services and the Website take place, within the Province of Manitoba, Canada. This Agreement will be governed by the laws of the Province of Manitoba and the laws of Canada applicable therein and shall be treated in all respects as a Manitoba contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of Manitoba’s courts.

Laws Excluded: We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and The International Sale of Goods Act (Manitoba), C.C.S.M. c. S11, as amended, replaced or re-enacted from time to time.

Waiver of Rights: You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the Services, the exchange of electronic documents between us or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against us or our licensors.

Agreement in English: The parties hereto have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

16. International Matters

Unless otherwise specified, the Website and the Services are presented solely for the purpose of providing products and services in Canada. We make no representation that the Website, the Services, Our Content and all other materials on the Website are appropriate or available for use in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

17. Force Majeure

We will not be liable for failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: (a) acts of God; or (b) failure or disruptions in third-party-controlled or operated communications facilities; or (c) worms, viruses and other disabling or disruptive software, communications or files.

18. Termination

Suspension of your Use of the Website by you: You may terminate this Agreement upon two (2) months’ notice, by cancelling your account. Your termination will be effective when we receive notice of your termination. 

Suspension of your Use of the Website by us: If you breach any provision of this Agreement, you may no longer use the Website. We may at any time and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Website or the Services, all without any notice or liability to you or any other person.

No Refunds or Rights on Termination:  Except as otherwise set out expressly in this Agreement, we shall not be responsible for refunding or otherwise paying any funds, amounts or credits that we may owe to you if we have suspended or terminated your permission to use the Website or any part thereof.  We reserve the right to cease, suspend or interrupt operation of or access to the Website or any part thereof, and shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall we have any liability for such cessation, suspension or interruption of access.

Survival:  The provisions of Sections that are by their nature intended to survive termination of this Agreement shall survive termination of this Agreement including, but not limited to, Section 3 of Part 1 and Sections 6, 12, 13, 14, 15, 16, 17, 19 of Part 2 and this Section 18 of Part 2.

19. Miscellaneous

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.  We may assign this Agreement without restriction. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous written or oral understandings, agreements, representations and warranties with respect to such subject matter. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

20. Our Contact Information

If you have any questions about this Agreement, or the Services generally, please contact us at: info@suburbbeautiful.ca.