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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ENTERING YOUR PERSONAL INFORMATION OR USING ANY WEBSITE SERVICES PROVIDED BY WECANFIXIT.CA. THESE TERMS AND CONDITIONS CONTAIN LEGAL TERMS AND OBLIGATIONS THAT ARE BINDING ON YOU AND AFFECT YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS ALSO INCLUDE LIMITATIONS ON WECANFIXIT.CA’S LIABILITY AND INPORTANT INFORMATION ABOUT YOUR CONTRACT WITH WECANFIXIT.CA.
1. Acceptence of Terms
All services provided to you through or on behalf of www.wecanfixit.ca by or on behalf of the proprietors of www.wecanfixit.ca and any of their respective employees, affiliates, assigns, heirs, partners and/or licensors (together referred to as "www.wecanfixit.ca" or "we") are provided to you subject to these terms and conditions. By using www.wecanfixit.ca or any companies or proprietors referred to you by or through www.wecanfixit.ca (“Service” or “Services”), including Services offered on a payment basis, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with www.wecanfixit.ca or any particular Service (collectively the "Terms and Conditions"), all as may be modified by www.wecanfixit.ca in accordance with these Terms and Conditions. These Terms and Conditions, along with any modifications or additional or alternate terms or conditions referred to, shall be the entire agreement between you and www.wecanfixit.ca and any prior communications between you and www.wecanfixit.ca (including, for example, e-mails) do not form part of these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use www.wecanfixit.ca or any of the Services.
2. Your Registration Obligations
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form (such information being the "Registration Data"); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
3. www.wecanfixit.ca Privacy Statement
Registration Data and certain other personal information about you is subject to our Privacy Statement. For more information, please see our Privacy Statement . You agree that www.wecanfixit.ca has the right, but not the obligation, to monitor www.wecanfixit.ca and the Services electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate www.wecanfixit.ca or any of the Services properly, or to protect itself or its users in accordance with the Privacy Statement and applicable privacy legislation.
4. Restrictions on Re-use, Re-sale of Services
All information, data, text, software, music (including both the particular performance/s and the underlying musical composition) sound, photographs, graphics, images, avatars, video, messages, ideas, reviews, opinions, suggestions or other materials on www.wecanfixit.ca ("Content"), including the manner in which such Content is presented, and the Services are: Copyright 2010 Glen Schuler and Coran Cooper-Stephenson, their affiliates, related companies, unaffiliated partners and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. www.wecanfixit.ca grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through www.wecanfixit.ca or any of the Services, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content. Your entry or participation in any contest, sweepstakes, promotion or other similar offering on any www.wecanfixit.ca (each, a "Contest") shall also be subject to and governed by the specific rules and regulations in respect of that Contest.
5. Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or "refresh" pages contained on www.wecanfixit.ca, or make any other request to transactional servers, more than once during any three second interval.
6. Indemnity
You agree to defend, indemnify and hold harmless each of www.wecanfixit.ca, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on www.wecanfixit.ca, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions (including any Terms and Conditions incorporated by reference); (b) your access to or use of www.wecanfixit.ca, Services or Content; (c) your use or reliance on, or publication, communication or distribution of anything on or from www.wecanfixit.ca or through any of the Services; or (d) any services received or requested by you on the companies and/or proprietors referred to you or that you are referred to by www.wecanfixit.ca. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
7. Modifications to Service (Other than Paid Services)
For users www.wecanfixit.ca and/or any Services, www.wecanfixit.ca reserves the right, in its sole discretion, at any time and from time to time to modify these Terms and Conditions and discontinue, temporarily or permanently, www.wecanfixit.ca or any Services (or any part of such www.wecanfixit.ca Services) with or without notice. You agree that any modification or discontinuance of www.wecanfixit.ca or any Services may be effected without prior notice, and acknowledge and agree that in connection with any such modification or discontinuance. Your continued use of www.wecanfixit.ca or any Service will mean that you accept those changes.
8. Content Linked to www.wecanfixit.ca
Please exercise discretion while browsing the Internet. Please note that certain links on www.wecanfixit.ca may take you to other websites. www.wecanfixit.ca provides these links only as a convenience and not as an endorsement by www.wecanfixit.ca. These linked sites are not necessarily under the control of www.wecanfixit.ca. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. www.wecanfixit.ca is not responsible for the content of any such linked sites or any other web page which is not part of www.wecanfixit.ca and under www.wecanfixit.ca's control. Unless otherwise expressly provided, www.wecanfixit.ca makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that www.wecanfixit.ca will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from www.wecanfixit.ca or the use of any personal information that you provide to such linked site by the operator(s) of such linked site.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF www.wecanfixit.ca OR ANY SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, www.wecanfixit.ca OR ANY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. www.wecanfixit.ca EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, www.wecanfixit.ca MAKES NO WARRANTY THAT (i) www.wecanfixit.ca OR ANY SERVICES WILL MEET YOUR REQUIREMENTS, (ii) www.wecanfixit.ca OR ANY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF www.wecanfixit.ca OR ANY SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH www.wecanfixit.ca OR ITS SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF www.wecanfixit.ca OR ANY SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM www.wecanfixit.ca, OR THROUGH OR FROM ANY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT www.wecanfixit.ca SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF www.wecanfixit.ca HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE www.wecanfixit.ca OR ITS SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM www.wecanfixit.ca OR ITS SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY REFERRED TO OR FROM www.wecanfixit.ca OR ITS SERVICES; OR (v) ANY OTHER MATTER RELATING TO www.wecanfixit.ca OR THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT www.wecanfixit.ca HAS ENTERED INTO THIS AGREEMENT, AND HAS AND WILL MAKE www.wecanfixit.ca, SERVICES AND CONTENT AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND www.wecanfixit.ca. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY OR TERMINATION OF THIS AGREEMENT.
11. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
12. Professional Information Disclaimer
www.wecanfixit.ca may make available certain information provided by third parties related to various professional fields (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a plan, product or course of action. Use of www.wecanfixit.ca does not replace consultations with a qualified contractor, decorator, architect, engineer or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that www.wecanfixit.ca, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
13. Third Party Dealings & Online Sales Disclaimer
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, www.wecanfixit.ca or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. You acknowledge that some of services accessible on www.wecanfixit.ca are provided by third parties (including but not limited to contractors). You acknowledge that in such dealings with third parties, www.wecanfixit.ca is not the seller or provider and your agreement of purchase or for services with such third party is between you and the third party, and not www.wecanfixit.ca. www.wecanfixit.ca assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours or the third party's alone. You agree that www.wecanfixit.ca shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
14. Trademarks
www.wecanfixit.ca, the “WE Can Fix It” logo and all promotional slogans used at www.wecanfixit.ca are trademarks and registered trademarks of Glen Schuler and COran Cooper-Stephenson and/or their affiliates or related companies. All other product, brand and company names and logos used or mentioned on www.wecanfixit.ca or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on www.wecanfixit.ca Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
15. Governing Law/Jurisdictional Issues
www.wecanfixit.ca and the Services are controlled, operated and administered by www.wecanfixit.ca from its offices within Canada. www.wecanfixit.ca makes no representation or warranty that www.wecanfixit.caor any of the Services are appropriate or available for use at any locations outside Canada. If you access www.wecanfixit.ca from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through www.wecanfixit.ca in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of British Columbia, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of British Columbia and the Federal Courts situate therein, and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
16. Arbitration and Actions
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of www.wecanfixit.ca or any Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Vancouver, British Columbia in English and governed by British Columbia law pursuant to the Commercial Arbitration Act, RSBC 1996, c. 55., as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
17. Miscellaneous
These Terms and Conditions, constitute the entire agreement between www.wecanfixit.ca and you pertaining to your use of www.wecanfixit.ca and any Services and, except as specifically set forth herein, supersede any prior agreements between you and www.wecanfixit.ca relating to www.wecanfixit.ca and any Services. www.wecanfixit.ca may assign these Terms and Conditions, in whole or in part, at any time. www.wecanfixit.ca's failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English.
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