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TERMS OF USE: Nickersonappliances.com
ACCEPTANCE OF TERMS
In return for being granted access to the site (nickersonappliances.com) free of charge, I agree to be bound by the sites Terms of Agreement.
The Nickersonappliances.com website (the “Site”) is provided by Nickerson Electric Limited is subject to the following terms and conditions governing use of the Site (“Terms of Use”) and any operating rules or policies that may be posted on the Site from time to time by Nickerson Electric Limited, all of which are hereby incorporated by reference into the Terms of Use. PLEASE READ THESE TERMS OF USE BEFORE ACCESSING THE SITE. BY USING THE SITE, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS OF USE OR IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT USE THIS SITE. Nickerson Electric Limited reserves the right to modify or alter the Terms of Use from time to time without notice or penalty and you agree to be bound by any such modifications, alterations or amendments. Modifications to the Terms of Use shall be effective once they are posted on the Site.
Last Revised: August 20, 2008
GRANT OF LIMITED LICENCE
The Site contains information, software, communications, text, graphics, advertisements, photographs and other material (collectively, the “Information”) in which Nickerson Electric Limited and third parties have proprietary rights, including copyright and trade mark rights.
Permission is granted to display, copy, print and download short extracts of the Information on the Site for personal use only. You may not:
* modify the Information or remove any copyright or other proprietary notices contained in the Information;
* distribute or transmit the Information to another person in any form by any means
* use the Information for any commercial purpose (except for buying and selling the products or services posted for sale on the Site) or for any public display (commercial or non-commercial);
* attempt to decompile or reverse engineer any software contained on the Site;
* post or transmit to the Site or to users of the Site any material which contains a computer virus or other harmful or disruptive component, or use the Site in any manner which is contrary to Canadian or international law; and
* "mirror" the Information on any other server.
This limited licence shall automatically terminate if you violate any of these restrictions and may be terminated by Nickerson Electric Limited at any time by notice to you by any means or by posting notice on this Site.
USE OF THE SITE AS A VENUE
The Site acts as a venue for sellers to list items for sale and for buyers to browse through listings of such items. Nickerson Electric Limited is not involved in the actual transaction between buyers and sellers and as a result, Nickerson Electric Limited has no control over the quality, safety or legality of the items advertised the truth or accuracy of any representations made by sellers, the ability of sellers to sell the items and the ability of buyers to purchase items. By using the Site, you agree to accept the risks inherent in trading in an on-line venue and acknowledge that Nickerson Electric Limited shall not be responsible for the acts or omissions of users of the Site. PLEASE USE CAUTION AND COMMON SENSE WHEN USING THE SITE.
LISTING AND SELLING ITEMS ON THE SITE
To list an item for sale, or as wanted, on the Site you must open a membership account. Membership is only available to individuals who can form legally binding contracts. Without limiting the foregoing, persons under the age of 18 may not open an account and may not list items for sale on the Site. If you do not qualify for membership, please do not use the Site. Instructions for setting up a membership account are provided on the Site at http://www.nickersonappliances.com. Once you have opened an account you may not transfer your account or user ID to another person.
You must provide a written description of the item you wish to sell/acquire and the terms of sale/purchase on the listings page of the Site. You may also include pictures of the item. All items must be listed in the appropriate category.
You may not list items which are counterfeit or stolen, infringe any third party’s intellectual property rights, violate any law, statute or regulation or are obscene.
To list an item for sale, or as wanted, on the Site you will not be charged a fee. Nickerson Electric Limited may in the future charge a fee for such services. Please refer to the sites most updated Terms and Conditions page to be aware of current fee schedules. Changes to the Fee Schedule will be effective once they are posted on the Site. Existing customers will be given advance notice of any proposed fee changes and an opportunity to discontinue using the Site.
To enable us to operate the Site, you agree to grant Nickerson Electric Limited a royalty-free, sublicenceable right to exercise the copyright in the materials you place on the Site (except Feedback, as discussed below). You also agree waive any moral rights you have in the materials for this purpose. Further, you warrant that any materials you place on the Site do not infringe the intellectual property rights of third parties.
LINKS
The Site may contain links to other Internet websites. These links are provided to you as convenient references to help you locate other Internet resources that may be of interest to you. Nickerson Electric Limited is not responsible for the contents of any linked website operated by a third party. The inclusion of links on the Site does not imply endorsement of the linked website by Nickerson Electric Limited. The use of any linked websites is at your own risk.
DISCLAIMER
The Information on the Site is provided on an "as is, as available" basis. By using the Site, you agree and understand that Nickerson Electric Limited makes no warranties, express or implied, statutory or otherwise with respect to the Site, the Information, or the products and services offered by Nickerson Electric Limited, its partners and affiliates, or third parties on the Site or on any website linked to the Site. Nickerson Electric Limited specifically disclaims any implied warranties of title, conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising from a course of dealing, usage or trade practice, unless specifically required by law. Further, Nickerson Electric Limited does not warrant or make any representations concerning the accuracy, reliability or likely results of the use of the Information, the Site or any websites linked to the Site. Without limiting the foregoing, Nickerson Electric Limited disclaims any responsibility for any harm resulting from the accessing or downloading of Information on the Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NICKERSON ELECTRIC LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY GENERAL, SPECIAL, INDIRECT, CONSEQUENTIAL, AGGRAVATED OR PUNITIVE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR USE OR RELIANCE ON ANY INFORMATION AVAILABLE ON THE SITE OR YOUR INABILITY TO USE THE SITE. DAMAGES AS REFERRED TO HEREIN INCLUDE, WITHOUT LIMITATION, PERSONAL INJURY, BUSINESS INTERRUPTION, LOST DATA, LOST PROFITS, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT OR FOR BREACH OF ANY STATUTORY OBLIGATION, EVEN IF NICKERSON ELECTRIC LIMITED HAD BEEN INFORMED OF THE POSSIBILITY THEREOF OR THE ACTION ARISES FROM NICKERSON ELECTRIC LIMITED’S OWN NEGLIGENCE.
Without limiting the foregoing, under no circumstances shall Nickerson Electric Limited be held liable for any damages resulting directly or indirectly from acts of nature or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, strikes, labour disputes, natural disasters, governmental actions or non-performance of third parties.
INDEMNITY
You agree to defend, indemnify and hold Austin Publishing Inc., its officers, directors, employees, agents, and affiliates harmless from any and all claims and demands, including reasonable legal fees, made by a third party in relation to your violation of these Terms of Use, your use of the Site, or your posting or transmission of any message, information, photograph, software or other material to the Site.
REVISIONS AND ERRORS
Although Nickerson Electric Limited uses reasonable efforts to post material which is accurate and current, the Information appearing on the Site may include outdated information or technical, typographical or photographic errors. Nickerson Electric Limited does not warrant or guarantee the quality, accuracy, completeness or timeliness of the Information provided. Nickerson Electric Limited may make changes to the Information contained on the Site at any time without notice.
TRADE MARKS
Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of other entities. The display of any trade mark on the Site does not imply that a licence has been granted for any further use.
PRIVACY
For information on how personal information is collected, used and disclosed by Nickerson Electric Limited, please read our Privacy Policy, which also governs your use of this Site. If you object to your personal information being used as described in the Privacy Policy, please do not use the Site.
CONFIDENTIALITY WARNING
All comments, feedback, ideas, suggestions, and other similar submissions (collectively, the “Feedback”) disclosed, submitted or sent to Nickerson Electric Limited via the Site or otherwise, are not confidential and will become and remain the property of Nickerson Electric Limited. E-mail is especially vulnerable to interception and Nickerson Electric Limited will not be responsible for any damages you may suffer as a result of transmitting confidential information to the Site via e-mail or implicitly or explicitly authorizing Nickerson Electric Limited to send confidential information to you via e-mail. Any Feedback you provide to Nickerson Electric Limited may be used, displayed, published, reproduced, modified, transmitted or copied by Nickerson Electric Limited in any medium and for any purpose, commercial or otherwise, without compensation or other obligations to you.
RECOURSE
If you are dissatisfied with the Site, these Terms of Use or the documents they incorporate by reference, or any other conditions, rules, policies, guidelines or practices of Nickerson Electric Limited your sole and exclusive remedy is to discontinue using the Site.
BREACH
If you breach these Terms of Use or the documents they incorporate by reference, Nickerson Electric Limited may remove your item listings, limit your activity on the Site, suspend or terminate your membership or refuse to allow you to use the Site and may claim any damages caused thereby.
GOVERNING LAW
The Site is controlled by Nickerson Electric Limited from within the Province of Ontario in Canada. By accessing the Site, you agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern the interpretation, validity and effect of these Terms of Use and the documents incorporated by reference, and any other agreement posted on the Site, notwithstanding any conflict of laws provisions or your actual place of residence. You and Nickerson Electric Limited agree that any action or proceeding instituted or related to the Site shall be adjudicated by a court of competent jurisdiction located in the Province of Ontario, Canada.
MISCELLANEOUS
These Terms of Use, including the documents incorporated by reference, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The failure of Nickerson Electric Limited to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right hereunder. If any of the provisions of the Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of the Terms of Use shall remain in full force and effect.
CONTACT US
If you have any questions about these Terms of Use, please feel free to contact Nickerson Electric Limited at terms@nickersonappliances.com.
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