MyTradeFinder > Terms Of Use
1. ACCEPTANCE OF TERMS
mytradefinder provides a collection of online resources, including directory listings,
(referred to hereafter as "the Service") subject to the following Terms of Use ("TOU").
By using the Service in any way, you are agreeing to comply with the TOU. In addition,
when using particular mytradefinder services, you agree to abide by any applicable posted
guidelines for all mytradefinder services, which may change from time to time.
Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with mytradefinder
in any way, your only recourse is to immediately discontinue use of mytradefinder.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes.
3. CONTENT
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content that you
post, email or otherwise make available via the Service. You understand that
mytradefinder does not control, and is not responsible for Content made available
through the Service, and that by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the mytradefinder site and Content available through
the Service may contain links to other websites, which are completely
independent of mytradefinder. mytradefinder makes no representation or warranty as
to the accuracy, completeness or authenticity of the information contained
in any such site. Your linking to any other webites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the
use of any Content, that you may not rely on said Content, and that under no
circumstances will mytradefinder be liable in any way for any Content or for
any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge
that mytradefinder does not pre-screen or approve Content, but that mytradefinder
shall have the right (but not the obligation) in its sole discretion to
refuse, delete or move any Content that is available via the Service, for
violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The mytradefinder site and Content available through the Service may contain
features and functionalities that may link you or provide you with access
to third party content which is completely independent of mytradefinder,
including web sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or services,
and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these
third parties.
You agree that mytradefinder shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and any third
party, you understand and agree that mytradefinder is under no obligation to
become involved. In the event that you have a dispute with one or more other
users, you hereby release mytradefinder, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and / or our service.
5. PRIVACY AND INFORMATION DISCLOSURE
mytradefinder has established a Privacy Policy to explain to users how their
information is collected and used, which is located at the following web
address: http://www.mytradefinder.com?sp=c_privacypolicy
Your use of the mytradefinder website or the Service signifies acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and agree that
mytradefinder may, in its sole discretion, preserve or disclose your Content,
as well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the TOU; respond to claims that any
Content violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has been
posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of mytradefinder, its users or
the general public.
6. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct
c) that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
d) that violates federal, provincial, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color, religion,
sex, national origin, age, or disability.
e) that impersonates any person or entity, including, but not limited to, a
mytradefinder employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.);
f) that includes personal or identifying information about another person
without that person's explicit consent;
g) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
h) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary
relationships;
i) that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
j) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the mytradefinder sites which are not designated for such
purposes; or emailed to mytradefinder users who have not indicated in writing that
it is ok to contact them about other services, products or commercial interests.
k) that includes links to commercial services or web sites, except as allowed
in "services";
l) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by British Columbia
law.
m) that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
n) that disrupts the normal flow of dialogue with an excessive amount of
Content (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
o) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to:
p) contact anyone who has asked not to be contacted;
q) "stalk" or otherwise harass anyone;
r) collect personal data about other users for commercial or unlawful
purposes;
s) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by mytradefinder;
t) post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
u) post the same item or service in more than one listing category.
v) attempt to gain unauthorized access to mytradefinder's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
mytradefinder website; or
w) use any form of automated device or computer program that enables the
submission of postings on mytradefinder without each posting being manually
entered by the author thereof (an "automated posting device"), including
without limitation, the use of any such automated posting device to submit
postings in bulk, or for automatic submission of postings at regular intervals.
7. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary
that offers to post Content to the Service on behalf of others. To
moderate demands on mytradefinder's resources, you may not use a Posting
Agent to post Content to the Service without express permission or
license from mytradefinder. Correspondingly, Posting Agents are not
permitted to post Content on behalf of others, to cause Content to
be so posted, or otherwise access the Service to facilitate posting
Content on behalf of others, except with express permission or
license from mytradefinder.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
mytradefinder email addresses or through mytradefinder computer systems is
expressly prohibited by these TOU. Any unauthorized use of mytradefinder
computer systems is a violation of the TOU and certain federal and provincial laws,
Such violations may subject the sender and his or her agents to civil and
criminal penalties.
9. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee
is an access fee permitting Content to be posted in a designated area.
Each party posting Content to the Service is responsible for said Content
and compliance with the TOU. All fees paid will be non-refundable in the
event that Content is removed from the Service for violating the TOU.
10. LIMITATIONS ON SERVICE
You acknowledge that mytradefinder may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that mytradefinder
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that
mytradefinder reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that mytradefinder
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
11. ACCESS TO THE SERVICE
mytradefinder grants you a limited, revocable, nonexclusive license to access
the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the Service
nor any use of data mining, robots, spiders, or similar data gathering and
extraction tools for any purpose unless expressly permitted by mytradefinder.
A limited exception to (b) is provided to general purpose internet search
engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the Service,
provided they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent and comply with our robots.txt file.
Use of the Service beyond the scope of authorized access granted to you by
mytradefinder immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from mytradefinder.
12. TERMINATION OF SERVICE
You agree that mytradefinder, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation,
if mytradefinder believes that you have acted inconsistently with the letter or
spirit of the TOU. Further, you agree that mytradefinder shall not be liable
to you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
13. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites
or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of mytradefinder. You further agree not to reproduce,
duplicate or copy Content from the Service without the express written
consent of mytradefinder, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
aspect of the Service.
Although mytradefinder does not claim ownership of content that its users post,
by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to
mytradefinder an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works, said Content,
and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the Service,
you automatically grant mytradefinder all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Service by any party for any purpose
.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE mytradefinder SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE mytradefinder SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
mytradefinder DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE mytradefinder SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, mytradefinder DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
mytradefinder SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE mytradefinder SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, mytradefinder
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE mytradefinder SITE OR THE SERVICE. Some jurisdictions do
not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
15. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL mytradefinder BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF mytradefinder
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE mytradefinder SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE mytradefinder SITE OR THE SERVICE, FROM
INABILITY TO USE THE mytradefinder SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE mytradefinder SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE mytradefinder SITE OR THE SERVICE OR ANY
LINKS ON THE mytradefinder SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE mytradefinder SITE
OR THE SERVICE OR ANY LINKS ON THE mytradefinder SITE. THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions, some of
the foregoing limitation may not apply to you.
16. INDEMNITY
You agree to indemnify and hold mytradefinder, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through
the Service, your use of the Service, your violation of the TOU, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
17. GENERAL INFORMATION
The TOU constitute the entire agreement between you and mytradefinder and
govern your use of the Service, superseding any prior agreements between you
and mytradefinder. The TOU and the relationship between you and mytradefinder
shall be governed by the laws of the province of British Columnbia without regard to
its conflict of law provisions. You and mytradefinder agree to submit to the
personal and exclusive jurisdiction of the courts located within the lowermainland of Vancouver
, British Columnbia. The failure of mytradefinder to exercise or
enforce any right or provision of the TOU shall not constitute a waiver of
such right or provision. If any provision of the TOU is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOU remain in
full force and effect. You 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 the Service or the TOU must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
20. FEEDBACK
We welcome your questions and comments on this document. Please contact us at feedback@mytradefinder.com