By using the Sites, you agree to be bound by all terms and conditions contained in the TOU. If you do not agree with the terms and conditions of the TOU at any time, please do not access or discontinue your use of the Sites.
We reserve the right to update or revise the TOU at our discretion and without notice. You are responsible for checking the TOU periodically for changes. If you continue to use the Sites following the posting of any changes to the TOU, you agree to be bound by these changes.
The material that appears on the Sites is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. We are not responsible nor do we make any warranty or endorsement regarding any information posted on the message board. From time to time, reference may be made on our Sites to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As the people, places, laws and regulations and the circumstances change continuously, previously published information and data may not be current and should not be relied upon.
2. DESCRIPTION OF THE SITES
Providing multiple users access to a global information network.
The operation of online web sites with information and searching capabilities in the field of insurance related matters, namely, property and casualty claims, featuring listing services and search services via computer, namely a service that retrieves and delivers stored listings and related content and generates and broadcasts insurance claims queries from and between consumers, businesses and insurance professionals.
Online computer services, namely: providing computer bulletin boards, message-boards and online facilities for real‐time interaction with other computer users concerning topics related to the location of local coffee shops and Cafés.
Adverting services, namely providing advertising space on a consumer website and advertising the wares and services of others by means of the Internet.
Minors under the age of eighteen are not eligible to access the Sites. You are fully responsible for your child’s online conduct and the consequences of any misuse of the Sites by your child.
The downloading of content is done at your own risk. We cannot and do not guarantee or warrant that the Sites or the content are compatible with your computer systems or that the Sites or the content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of the Sites.
We may include links to other web sites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Sites. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
6. USER ACCOUNT
You will receive an account designation, along with its associated User ID and Password, upon registration. You are responsible for maintaining the confidentiality of your User ID and Password, and you are fully responsible for all activities that occur under your account.
You may not impersonate someone or create an account for someone other than yourself or provide an email and contact details for someone other than yourself. You may not create multiple accounts.
You agree to immediately notify us of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
We have the discretion to close any account.
7. USER CONDUCT
You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute or otherwise exploit content from the Sites to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the Sites, you agree not to:
Restrict or inhibit any other visitor from using the Sites, including, without limitation, by means of "hacking" or defacing any portion of the Sites;
Use the Sites for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites;
"Frame" or "mirror" any part of the Sites without our prior written authorization;
Use any robot, spider, sites search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Sites or its contents;
Harvest or collect information about visitors to the Sites without their express consent;
Send unsolicited or unauthorized advertisements, spam, chain letters, etc to other users of the Sites; and
Transmit any content which contains software viruses, or other harmful computer code, files or programs.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Sites and the content made available therein.
8. OVERVIEW OF POSTING CONTENT; MONITORING CONTENT
The Sites permits the submission of content by users of the Sites, including without limitation comments, articles and links ("User Submissions") and the hosting, sharing and publishing of such User Submissions on the Sites such as articles and reviews.
You alone are responsible for all User Submissions and User Submissions cannot be withdrawn unless otherwise stated herein. You acknowledge and agree that you assume all risk in connection with the User Submission including, without limitation, as to the truthiness, accuracy, reliability and completeness of the User Submission and anyone’s reliance on such User Submission. You may not imply that the User Submissions are sponsored or endorsed by us in any way whatsoever.
You may be liable for, among other things, User Submissions which are false, intentionally misleading, defamatory, infringement on other people’s intellectual property rights, privacy rights, unlawful or exploits or harms minors or violates applicable law or regulation.
You grant to us the non-exclusive, perpetual, royalty free and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such content throughout the world via any media. Without limiting the foregoing, User Submissions are not entitled to any compensation. We have the right in our sole discretion and without further notice to you, to monitor, censor, edit, move, delete, and/or remove any and all content posted on the Sites or any content transmitted to or from you at any time and for any reason. Without limiting the foregoing, we have the right to delete any comment that we believe, in our sole discretion, does or may violate the TOU of the Sites by you. We do not moderate comments before they are posted although we may from time to time remove comments.
We reserve the right to remove content that violates one of the following principles, as determined by us, at our discretion:
No incitement to hatred. Material that promotes hatred toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity will be removed.
No pornography or pedophilia.
No direct or veiled threats against any person or group of people.
No copyright infringement.
No publishing of other people's private and confidential information, such as credit card numbers, Social Security Numbers, and driver's and other license numbers.
No impersonation of others in a manner that is intended to or does mislead or confuse others.
No use for unlawful purposes or for promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.
No spamming, link-spamming or transmitting malware and viruses.
No personal attacks
No use of a persons surname.
No profanity or vulgarity.
No business solicitations or advertising.
No inappropriate, unethical or misleading behavior.
We do not retain or provide to you copies of User Submissions nor is there a guarantee of confidentiality. Important note: We encourage civil, thought-provoking debate and idea-sharing among our users and visitors. In order to maintain a level of discourse appropriate to our user base, we are strongly opposed to trolling, uncivilized discussion, mudslinging, inappropriate language, and blanket dismissal of others' ideas. At our discretion, we may delete comments and block/delete accounts of users we believe lower the level of discourse and courtesy we strive to engender.
Moderating decisions are subjective, and we strive to make them carefully and consistently. Due to the volume of content, we cannot review moderation decisions with users and cannot reverse decisions.
We may publish advertising or other information adjacent to or including User Submissions. You are not entitled to any compensation for such advertising.
We may send you emails and communications on a for the purposes of communicating any changes in our services, advising you of new services, sending a monthly newsletter or other offers and promotions from our sponsors. We will not sell, redistribute your email address or allow others to send you messages that aren't explicitly from FindMeCoffee or one of our Companies.
9.1 PURCHASING ADVERTISING
You may purchase advertising on this website in the form of a company listing or a banner placed in areas designated for advertising on FindMeCoffee.com. Listing - You may list your company listing at FindMeCoffee.com if you provide and offer prepared coffee and or tea to consumers in a retail setting. FindMeCoffee.com has the sole right to determine if your business is café or coffee shop and if your listing is appropriate for our users. Paid Listing -You may at any time upgrade your “Free Listing” to a “Paid Listing” to enhance your appearance and gain access to additional features that are listed in “Advertise with Us”. These features may change from time to time without Notice. FindMeCoffee.com is not responsible and does not promise any additional traffic and exposure as the result of a paid listing. You understand that any advertising may or may not result in additional traffic. Term of Listing – The minimum term of a listing is 12 months from the date of purchase. All Listing purchases are non-refundable 5 days after the initial activation. If you purchased your listing in error you may cancel your listing within 5 days of activation. Any fees will be returned to your account within 30 days. Banner Advertising for Listing Companies– Companies may purchase advertising on Findmecoffe.com in the form of Banner Ads, the “Campaign”. Banner Ads are displayed in predetermined areas of the site to visitors of the site. Banner Advertising for Non-Listing Companies -A company that does not have a paid listing on FindMeCoffee.com may purchase Banner Advertising. The purchase of Banner Advertising will consist of a separate advertising agreement and rate card provided by our Sales Department. Banners PricingRates – Banner pricing is listed on “ Advertise with US” and pricing may change with out notice. Banner purchases contain a minimum purchase value that will be pre-paid prior to delivery. Once a “Campaign” creative is received and the “Campaign” deposit is received there are no refunds. Banner Results – Campaigns are delivered by trusted external banner delivery services. The statistics and results of these services are not the responsibility of Triple Data. In the event of a dispute of the results Triple Data at it’s own discretion may choose to extend the “Campaign” in lieu of any form of monetary compensation.
You agree to indemnify and hold us, and our parent corporations, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, post, any votes made on content, transmit or make available on the Sites, your use of the Sites, your violation of the TOU, or your violation of any rights of another.
11. PROPRIETARY RIGHTS
You acknowledge and agree that the Sites and any necessary software used in connection with the Sites ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Sites or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to use the object code of our Software on a single computer, provided that 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, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Sites. You agree not to access the Sites by any means other than through the interface that is provided by us for use in accessing the Sites.
12. TRADE-MARK INFORMATION
Findmecoffee.com, the Findmecoffee logo, and other associated brand names and logos are trade-marks of Triple Data. All other company names, brand names and logos used on the Sites are the trademarks of their respective owners. You agree not to display or use in any manner any of the trade-marks without express written permission from us or the trade-mark owner.
13. COPYRIGHT INFORMATION
The content on the Sites is protected by various copyright laws. You agree not to reproduce, republish or redistribute any content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS THAT: (i) THE SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS (ii) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED BY YOU THROUGH THE SITES WILL BE ACCURATE, RELIABLE, UP-TO-DATE, COMPLETE, UNTAMPERED OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (iv) ANY DEFECTS OR ERRORS WILL BE CORRECTED.
c. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES 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 OR DATA.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (v) ANY OTHER MATTER RELATING TO THE SITES.
16. 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 15 AND 16 MAY NOT APPLY TO YOU.
17. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
18. NO AGENCY
You and us are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this TOU.
19. GENERAL INFORMATION
The TOU constitute the entire agreement between you and us and govern your use of the Sites, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
The Sites is not to be construed as any form of recommendation, promotion, endorsement, or an offer to sell any product or service, by or to enter any transaction with us.
This TOC shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario and the applicable laws of Canada. You and we agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada. Our failure 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 endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall 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 shall be resolved by binding arbitration held in Toronto, Ontario and before a single arbitrator, who is independent of the parties, legally trained and experienced in the field of information technology, in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17.
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