These Terms of Use (“Agreement”) is a legally binding Agreement between you, on behalf of yourself and the entity/individuals you represent, such as your employer, (collectively, “you”) and Loadlink Technologies and its affiliates (collectively, “Loadlink”, “us”, or “we”). This Agreement and all applicable policies posted on our site set out the terms on which we offer you access to and use of our site, Loadlink Listings, services, applications, and tools (collectively, “Services”).
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SERVICES OFFERED, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Using the Services
You will post in the appropriate category or area and you will not:
- violate any laws or our policies;
- be false or misleading;
- infringe any third-party right;
- distribute or post spam, unsolicited or bulk electronic communications, or chain letters;
- copy, modify, or distribute any other person’s content;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- distribute viruses or any other technologies that may harm Loadlink, or the interests or property of others;
- use any robot, spider, scraper or other automated means to access and collect content for any purpose without our express written permission; and
- use the Service if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications, or tools.
Content
The Services contain data and information from us, you, and others. You agree not to copy, modify, resell or distribute the Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. We reserve the right to remove content where we have grounds for suspecting the violation of this Agreement or the rights of any other party.
Loadlink Listings
Loadlink does not guarantee that sellers will complete the sale of an item, or that buyers will go through with the purchase of an item listed through Loadlink Listings. The individual buyers and sellers accept all risks. Loadlink assumes no responsibility for payment terms between buyers and sellers and has no involvement in the transaction.
Suspension of Services
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate listings and user accounts at any time and for any reason.
Intellectual Property
The contents of the Services are protected by applicable copyright and trademark laws. Unauthorized use or exploitation of such content is strictly prohibited including without limitation, unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the site, or any part thereof, for any purpose.
Disclaimers and Limitation of Liability
The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You also agree we are not liable for any loss, claims or damages howsoever arising in connection with any third party’s services. Loadlink does not guarantee and is not responsible for the accuracy, validity, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. Loadlink is not responsible and accepts no liability for monitoring the Loadlink Listings or for unauthorized or unlawful content on the site or use of Loadlink Listings by users. Accordingly, to the fullest extent permitted by law, we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, fitness for a particular purpose, non-infringement and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to the claim, and (b) 100 Canadian Dollars.
Indemnification
You will indemnify, defend and hold harmless Loadlink and its affiliates and our and their respective officers, directors, agents and employees from any and all claims, damages, costs or expenses arising from or relating to this Agreement, your use of the Services, and any actual or alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you but doing so will not excuse your indemnity obligations.
Miscellaneous
We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time and you agree to be bound by such modifications, alterations or updates. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be deemed to be severable, and the remainder of the terms shall remain valid and in full force and effect. Our failure or forbearance to enforce any of the terms of this Agreement shall not be considered a waiver of any of our rights. You cannot transfer or assign your rights and obligations under this agreement to any other person without our consent. Loadlink may freely assign its rights and obligations under this Agreement if it is party to a merger, acquisition, restructuring, sale of assets, or for any other reason. This Agreement, and all matters related to your use of the Services shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without regard to any conflicts of laws principles. Any disputes shall be heard at the Courts in Toronto, Ontario, Canada. This is the entire agreement between Loadlink and you relating to the Services and it supersedes any prior representations, discussions, undertakings, communications or advertising.