Terms & Conditions
1. Introduction & Acceptance of Terms and Conditions
The following terms and conditions (the "Terms and Conditions") govern your access and use of the CanadaEast service and CanadaEast.com (collectively, "CanadaEast"). CanadaEast is provided by Brunswick News Inc. (“Company”, “we”, “us” or “our”).
If you do not accept these Terms and Conditions you may not access or use CanadaEast. BY ACCESSING OR USING CANADAEAST, OR BY OTHERWISE INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, DO NOT USE CANADAEAST.
Please read the Terms and Conditions carefully. In the Terms and Conditions, the word “including” and its derivatives means “including without limitation”, and the word “use” and its derivatives includes accessing any CanadaEast service or feature.
2. Changes to Terms and Conditions
We reserves the right to make changes to the Terms and Conditions. The changes are effective on the earlier of: (i) our providing you with notice of the changes (including by email, by posting notice on CanadaEast, or by other reasonable means), or (ii) 14 days after the revised Terms and Conditions are posted to, or made available on, CanadaEast. However, changes made to comply with the law will be effective immediately. You agree to regularly review the Terms and Conditions to be aware of any changes. If you do not agree to any updated version of the Terms and Conditions, do not continue to use CanadaEast because your continued use of CanadaEast indicates your binding acceptance of the updated Terms and Conditions.
3. Changes to CanadaEast
We reserve the right (but are under no duty) to modify, suspend, terminate or discontinue any aspect of CanadaEast at any time and without notice or liability to you, including by: (a) adding, removing or modifying functionality or features; (b) adding, removing, modifying, correcting or refusing any Content (defined below) on CanadaEast; (c) limiting, suspending or terminating your or any person’s use of all or any part of CanadaEast; and (d) discontinuing all or any part of CanadaEast.
5. Content & Proprietary Rights
We and our licensors retain ownership of all copyrights, trademark rights, patent rights, trade secret and confidential information rights and all other intellectual property and other proprietary rights in CanadaEast, including its Content and software. "Content" means all information or material published, displayed or otherwise made accessible on CanadaEast, including offers, postings, images, icons, photographs, illustrations, text, audio clips, videos, and interactive content.
CanadaEast, including its Content and software, are protected by law against unauthorized copying, use and distribution and, except as expressly provided in the Terms and Conditions, no right or license to CanadaEast or any of its Content is granted to you. You may not copy, alter, display, sell or distribute the Content or use it in any manner not expressly permitted by the Terms and Conditions. Without limiting the generality of the foregoing, you may not use the Content on any other website, on an intranet site, or in a networked computer environment, and you may neither copy nor adapt the software used or available on CanadaEast.
The Content includes logos, names, trade names, trademarks and service marks (collectively "Marks") owned or licensed by the Company or third parties. The display of Marks on CanadaEast does not imply that a right or licence of any kind has been granted to you or anyone else and no Marks may be used in any manner unless approved in advance in writing by the us.
Your use of CanadaEast, including Content, is limited to your personal use. Subject to the Terms and Conditions, and any other additional copyright or intellectual property notices and restrictions contained within or in proximity to Content, your use of the Content is further limited to viewing the Content within, and as displayed by, the web pages in your browser that form part of CanadaEast and that are made accessible to you based on your account type and privileges. You are granted no right to reproduce, download, modify, republish, distribute, or otherwise use the Content outside of CanadaEast, except that you may print or save a single copy of a posted offer for your future reference (but your use of the copy must continue to be limited only to your personal use with no further right to reproduce, modify or distribute). You agree to fully comply with all applicable laws in respect of your use of CanadaEast.
No other use is permitted. You may not, for example, republish the Content on any website or Intranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment.
6. Account & Registration
Some portions or features of CanadaEast require you to register and log in. As part of the registration process, you will select a password and provide certain information about yourself. You must provide accurate, complete and current registration information and you agree to promptly provide CanadaEast with any changes to this information. We may ask you to provide additional information, or participate in an additional process, to further verify your identity and you agree to provide accurate, complete and current information as part of that process. Each user must have their own account and use of your account in limited to your own personal use.
You are responsible for preserving the confidentiality of your registration information and password and you agree to keep them confidential. You agree not to share your password or use of your account with any other person, including to restrict access to your computer so that others may not access CanadaEast using your account. You may not sell, transfer, lease or assign your account to any other person. Notwithstanding that you are prohibited from allowing others to use your account, you agree that you are responsible for all uses of your account (including all actions, communications and postings undertaken or transmitted) regardless of whether you authorized the use. You must contact us right away if you are aware of, or suspect, any use of your password or account not authorized by us, or any security breach of CanadaEast.
7. Content You Provide
You hereby grant to Company a worldwide, irrevocable, perpetual, royalty-free, non-exclusive license to use, store, modify, reproduce, aggregate with other information, distribute, communicate, publish, publicly perform, display, create derivative works from, and otherwise exploit any intellectual property rights in any content, information and material that you provide through CanadaEast (“User Content”), including posts you make, and to sublicense (through multiple layers) all of the foregoing rights. Without limiting the generality of the previous sentence, you authorize us to include the User Content in a searchable format that may be accessed by users of CanadaEast and to use your name and any other information about you that you provide in connection with our use of the User Content. You also hereby waive, and agree to cause all authors to waive, in favour of Company all moral rights (or other similar rights of authorship) in the User Content and any publicity or similar rights. This license and waiver continue even if you stop using CanadaEast and survive any termination of the Terms and Conditions. You represent and warrant that you have all the necessary rights and consents to grant Company the licenses to, and waivers in respect of, the User Content and that the User Content does not infringe, misappropriate or violate any privacy, publicity, intellectual property, or other rights of any third party.
You are solely responsible for backing up any data or other User Content that you store on or provide to CanadaEast. We may delete your data or other User Content from our servers at any time and without notice, including if your use of CanadaEast is cancelled by you, or terminated, restricted, or suspended by us. We have no obligation to return data or User Content to you.
You agree that Company will exclusively own, and may freely use, all feedback, suggestions, or ideas that you provide to Company, all without any accounting to you.
8. Prohibited Uses of CanadaEast
Any use of CanadaEast (including the Content) which is outside the scope of uses expressly authorized under these Terms and Conditions is prohibited. Without limiting the generality of the foregoing, you agree that:
(a) You will not use CanadaEast to buy, sell, advertise or otherwise seek to provide or obtains any illegal goods, services or acts, or any sex or escort services.
(b) Where we provide you with another user’s email address or contact information because the user wants to contact you in respect of a post you have made to CanadaEast, you will not use or disclose the email address or contact information for any purpose other than communicating with the user about their inquiry.
(c) You will not engage in the practices of screen scraping, database scraping, data mining, mirroring, framing or any similar activity.
(d) You will not use CanadaEast to engage in any unlawful activity or in a manner that infringes or threatens to infringe the copyright, trade-mark, trade secret or other intellectual property rights of others, or violates or threatens to violate the privacy, publicity or other personal rights of others.
(e) You will not and will not attempt to: (i) interfere with the operation, security or availability of CanadaEast in any way (including submitting a virus, spyware, malware or other harmful, disruptive or destructive code to the CanadaEast, or engaging in a denial of service attack, SQL injection or other malicious attack or activity), (ii) interfere with anyone’s use or enjoyment of CanadaEast, (iii) reverse engineer, decompile, or disassemble any part of CanadaEast, (iv) circumvent any security measures of CanadaEast or access Content or areas of CanadaEast not intended to be accessed by you without an account or for which your account is not permitted to access, or (v) attempt to search for, scan or test CanadaEast for potential system or network vulnerabilities or to breach security or authentication measures.
(f) You will not and you will not encourage others to (including, for certainty, in each case when using any interactive areas, or posting or messaging functionality): (i) harass anyone on CanadaEast or through CanadaEast, (ii) post or transmit or provide any content, information or material that is unlawful, harmful, libelous, defamatory, threatening, abusive, vulgar, profane, hateful, discriminatory, obscene or tortious, (iii) impersonate any person or entity, or use any false identity, on CanadaEast or through CanadaEast, (iv) post or transmit or provide false, fraudulent, deceptive or misleading information (including photos, price, availability, location, phone number, website address) using or through CanadaEast, (v) unreasonably repeatedly post the same or similar messages, (vi) post offers for any competitor of CanadaEast or information that contains links to any website that competes, either directly or indirectly, with CanadaEast; or (vii) post fictitious or phantom offers on CanadaEast, including offers that have already been filled or that you have no intention of considering to fill through CanadaEast.
(g) You will not collect, use or disclose information about others without their consent, or engage in any activity with the purpose of aggregating, analyzing, or republishing any Content or CanadaEast or obtaining lists of users or other information regarding individuals or businesses who use CanadaEast.
(h) You will not and will not attempt to use any software, agent or tool to: (i) index or search CanadaEast or Content other than search functionality made available by CanadaEast or by default in widely used third party web browsers (i.e. Internet Explorer, Firefox, Chrome, Safari); or (ii) automate the navigation or use of CanadaEast or Content.
(i) You will comply with any posting or site use guidelines that we may publish on CanadaEast from time to time.
We reserve the right, in our sole discretion, at all times to disclose any information or other User Content provided by, or collected from, you to satisfy any law, regulation or governmental/judicial request or to edit, refuse to post or remove any information or other User Content. However, we have no liability or responsibility to users to perform such activities.
9. Procedure for Reporting Prohibited Uses
If you believe that a posted ad on CanadaEast violates the prohibited uses you may report it to us by using the icon or link on the posted ad’s page and providing the requested information.
Some services offered by us through CanadaEast, such as premium advertising, may be subject to additional fees and terms. If you purchase any such services you agree to pay the fees, and abide by the additional terms, set out at the time of your purchase, including any payment terms set out at the time of your purchase. All such fee amounts do not include tax and, accordingly, in addition to paying the fees, you agree to pay to Company all applicable tax amounts on the fees and your use the service. For certainty, pursuant to these Terms and Conditions, except as otherwise set out by us at the time of your purchase, we reserve the right to suspend or terminate such service at any time (including by providing you with a notice of termination).
11. Links and Connections to other Websites and Third Party Information
CanadaEast offers several links and connections to other websites that are not controlled in any way by us. These links and connections to other websites are provided only as a convenience to you and not as an endorsement by us of the practices and content of any other websites, or a statement of the accuracy or completeness of the information provided on any other websites. If you use any link or connection to another website you will be transferred to that website. You visit third party websites available through links and connections from CanadaEast at your own risk and must take all precautions to guard against viruses and other destructive mechanisms to which you may be exposed by linking or connecting to other websites.
12. Disclaimers and No Warranty
CANADAEAST ACTS SOLELY AS A PLATFORM THROUGH WHICH USERS MAY ACQUIRE AND EXCHANGE USER-SUBMITTED INFORMATION. THE DECISION BY ANY USERS TO ENTER INTO ANY TRANSACTIONS, COMMUNICATIONS OR INTERACTIONS, WHETHER THROUGH CANADAEAST, IN PERSON, OR OTHERWISE, IS SOLELY THAT OF EACH USER AND IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY CONSENTS REQUIRED TO CONTACT ANY PERSON AND FOR OTHERWISE COMPLYING WITH ALL LAWS REGARDING THE CONTACT OF OTHER PERSONS, INCLUDING FOR OBTAINING CONSENTS REQUIRED BY, AND COMPLYING WITH, CANADA’S ANTI-SPAM LAWS AND “DO NOT CALL LIST” LAWS. YOU SHOULD NOT RELY ON COMPANY TO OBTAIN ANY SUCH CONSENTS OR TO ENSURE YOUR COMPLIANCE WITH THESE (OR ANY OTHER) LAWS. IN NO EVENT WILL THE COMPANY BE CONSIDERED A PART OF, OR GUARANTOR OF, IN ANY WAY, ANY TRANSACTION THAT USERS MAY DECIDE TO ENGAGE IN. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE EFFECTIVENESS OR TIMELINESS OF CANADAEAST IN MEETING YOUR POSTING OR TRANSACTION OBJECTIVES OR EXPECTATIONS OR THAT POSTINGS WILL RESULT IN ANY TRANSACTION BEING FILLED.
COMPANY ASSUMES NO RESPONSIBILITY FOR INFORMATION OR OTHER CONTENT POSTED BY USERS AND NO RESPONSIBILITY FOR THE ACTIVITIES, OMISSIONS OR OTHER CONDUCT OF USERS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES IN RESPECT OF SCREENING, MONITORING OR VERIFYING INFORMATION POSTED BY USERS, WHICH IS POSTED ON AN "AS IS, WHERE IS" BASIS. COMPANY ALSO HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF INFORMATION POSTED BY USERS, OR THE TRUTH OR ACCURACY OR CURRENCY OF POSTINGS. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH CANADAEAST. YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION YOU POST ON CANADAEAST AND FOR MAKING ALL NECESSARY INQUIRIES TO VERIFY AND CONFIRM THE ACCURACY, TRUTHFULNESS AND CURRENCY OF INFORMATION THAT MAY BE AVAILABLE TO YOU THROUGH CANADAEAST.
CANADAEAST (INCLUDING THE CONTENT) IS PROVIDED ON AN "AS IS, WHERE IS" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ALL OF WHICH TO THE FULLEST EXTENT PERMITTED BY THE LAW, COMPANY EXPRESSLY DISCLAIMS, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF QUALITY, USEFULNESS, DURABILITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT AVAILABLE ON CANADAEAST OR THE UPTIME OR AVAILABILITY OF CANADAEAST. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT CANADAEAST WILL OPERATE ERROR-FREE, THAT CANADAEAST HAS MADE NO TYPOGRAPHICAL OR OTHER ERRORS OR THAT CANADAEAST IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL AND DISRUPTIVE MECHANISMS.
Nothing posted or otherwise appearing on CanadaEast shall be considered an endorsement, representation or warranty with respect to any users or third parties or User Content, whether in regard to its website, products, services, user experience, advertising practices, or otherwise.
13. No Liability
YOU AGREE THAT YOU ARE USING CANADAEAST SOLELY AT YOUR OWN RISK AND THAT IN NO CIRCUMSTANCES WILL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SERVICE PROVIDERS, AFFILIATES, LICENSORS, SUCCESSORS, OR ASSIGNS (THE “CANADAEAST PARTIES”), BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER INCLUDING: ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES; OR FOR ANY LOSS OF USE, REVENUE OR PROFIT; OR LOSS OR DAMAGE OF DATA, HARDWARE OR SOFTWARE; OR DELAY OR INABILITY TO USE CANADAEAST; OR ANY OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES), IN EACH CASE ARISING OUT OF OR RELATING TO, DIRECTLY OR INDIRECTLY, THE TERMS AND CONDITIONS OR CANADAEAST (INCLUDING ITS CONTENT), AND WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR EQUITY OR UNDER ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OF ANY CANADAEAST PARTY.
IF ANY EXCLUSION OR LIMITATION OF LIABILITY DOES NOT APPLY TO YOU OR IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, CANADAEAST'S MAXIMUM LIABILITY TO YOU IN THE AGGREGATE SHALL NOT EXCEED ONE HUNDRED ($100) CANADIAN DOLLARS.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE CANADAEAST PARTIES (DEFINED ABOVE) FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS AND PROCEEDINGS (AND ALL DAMAGES, LIABILITIES, COSTS, AND EXPENSES ASSOCIATED THEREWITH) WHICH ARISE OUT OF OR RELATE TO YOUR USE OF CANADAEAST (INCLUDING THE CONTENT AS DEFINED ABOVE), YOUR BREACH OF THE TERMS AND CONDITIONS (INCLUDING ANY CLAIM THAT YOUR USER CONTENT INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF A THIRD PARTY), OR ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF CANADAEAST.
YOU HEREBY RELEASE THE CANADAEAST PARTIES FROM ANY CLAIM, ACTION OR PROCEEDING RELATING TO ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF CANADAEAST, AND YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY SUCH CLAIM, ACTION OR PROCEEDING AGAINST THE CANADAEAST PARTIES.
15. Governing Law
The Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada as may be applicable. You submit to the exclusive jurisdiction of the Courts of the Province of New Brunswick, Canada as the proper and most convenient forum for the final determination of any matters in dispute and waive any objections based on venue in any such claim, action or proceeding.
16. Entire Agreement and Severability
In the event of any conflicts or inconsistencies between the Terms and Conditions and any Additional Terms, the Terms and Conditions will prevail except to the extent the Additional Terms expressly state that they will prevail over the Terms and Conditions or over an applicable section of the Terms and Conditions.
If any provision(s) of the Terms and Conditions are found to be invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.
Any comments or questions regarding CanadaEast may be submitted to:
Manager - Online Classified Services, CanadaEast
Monday - Friday
8:30 to 5 PM
Saturday - Sunday
210 Crown Street, Saint John, NB E2L 2X7
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Canadaeast.com is a registered trademark of Brunswick News Inc.