- means a business or individual whose information is posted on the Site.
- means Home And Pet Canada.
- means text, images, audio, video, and any other form of data or communication.
- means Content that you submit or transmit to, or in connection with the Site, such as referrals, ratings, messaging, and any profile information that you choose to make public.
- means Content that site Users submit or transmit to, or in connection with the Site.
- means Content that we create and publish in connection with the Site.
"Third Party Content"
- means Content that originates from parties outside HomeAndPet or its Users, which is made available through the Site.
means all of the Content that is made available in connection with the Site, Including Your Content, User Content, Third Party Content, and HomeAndPet Content.
2. USE OF SITE
Eligibility - To access or use the Site, you must be at least 18 years of age.
Permission to Use the Site - You are permitted to use the Site subject to the restrictions stated in these Terms. You use the site at your own risk, including the risk that you might be exposed to Content you may find offensive, indecent, inaccurate, or objectionable.
Site Availability - The Site can be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Communications from HomeAndPet and other Users - By creating an account, you agree to receive certain communications from the Site. For example, you will receive notifications on the status of your referrals, emails pertaining to any promotion you have registered to on the Site, as well as our e-mail newsletter. You can opt-out of non-essential communications.
You represent that You have read our Referral Policy.
Responsibility for Your Content: You are responsible for Your Content, and once published, you must contact HomeAndPet directly to have it removed. You assume any risk associated with Your Content, including another User’s reliance on its accuracy or reliability, or any information in Your Content that may make you identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by HomeAndPet. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Our Right to Use Your Content: We may use Your Content in many different ways. This Includes publicly displaying it, reformatting it, incorporating it into advertisements distributing it, and allowing others to do the same on their own websites and media platforms ("Other Media"). You hereby irrevocably grant us royalty-free, perpetual, irrevocable, non-exclusive, world-wide right and license rights to use Your Content for any purpose. You also irrevocably grant the Users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against HomeAndPet and its Users any Claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
Ownership: You own Your Content. We own the HomeAndPet Content, Including but not limited to visual interfaces and graphics, interactive features, design features, compilation, computer code, products, software, User Referral ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the HomeAndPet Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the HomeAndPet Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the HomeAndPet Content are retained by us.
Advertising: HomeAndPet may publicly display advertisements and other information adjacent to or Included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Content Feeds: Some Site Content ("Feed Content") is available via Real Simple Syndication and Atom feeds ("Feeds"). You may use these Feeds to display Feed Content on your computer, website, or blog ("Your Site"), provided that ii) your display of the Feed Content links back to the correct pages on HomeAndPet's websites, and credits HomeAndPet as the source of the Feed Content, (ii) your use of the Feed Content does not suggest that HomeAndPet promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iii) you do not redistribute the Feed Content, and (iv) your use of the Feeds does not overburden HomeAndPet's systems. HomeAndPet reserves all rights in the Feed Content and may terminate the Feeds at any time.
Other: User Content does not reflect the opinion of HomeAndPet. At our discretion, and without any notice to You, HomeAndPet reserves the right to remove or reinstate User Content. For example, we may remove User Content, correct a Company's referral rating and reject subsequent submissions from You, disable Your account, or block Your IP address. HomeAndPet does not take responsibility for the accuracy or completeness of User Content. You are responsible to use Your judgment when determining the accuracy, completeness, or usefulness of any information, advice, opinions, or any other Content found on the Site. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
In connection with Your use of the Site, You agree that You shall not:
Impersonate any person or entity, including without limitation, a HomeAndPet official; write fake or defamatory Content or trade referrals with other businesses;
Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Publish or attempt to publish Content intended to threaten or harass others, or that contains any bigotry or discriminatory language;
Use Site messaging system to spam site Users by sending bulk emails, or any other mass messaging, both commercial or non-commercial, unless specifically agreed to by HomeAndPet in writing;
Engage in keyword spamming in referrals or profile text, or otherwise attempt to manipulate any Site's search results;
Solicit personal information from minors, or submit or transmit pornography;
Violate any applicable law;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site Content (other than Your Referral(s)), except as expressly authorized by HomeAndPet;
Use any type of robot, site search/retrieval application, or other automated device such as a spider to process or as means to access, retrieve, scrape, or index any portion of the Site;
Reverse engineer any portion of the Site;
Remove any trademark or proprietary rights notice on any part of the Site or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
Copy, process, or gather information about Site Users;
Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business referrals;
Reformat any portion of the Site without the consent of HomeAndPet in writing;
Take any action that will or may cause an unreasonably large load on HomeAndPet’ technology infrastructure or otherwise make excessive traffic demands of the Site;
Use the Site to give other Site Users any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); or
Use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You shall not use the Site in any manner that could damage, disable, overburden or impair HomeAndPet’ servers or networks, or interfere with any other User's use and enjoyment of the Site. Furthermore, You may not attempt to gain unauthorized access to any of the Site, services, accounts, computer systems or networks connected to HomeAndPet through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
HomeAndPet reserves the right to decide what data, Content, or information is published to, or removed from, the Site that is deemed to violate any of the above restrictions.
5. INTELLECTUAL PROPERTY
You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
You may not transfer the Materials to any other person without our prior written consent;
You may not print or copy any of the HTML or other computer programs that are on the Site.
This Site, including all Materials, is the property of HomeAndPet and is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in Your use of this Site and to prevent any unauthorized copying of the Materials.
Trade-marks; the trade-marks, logos and company names of HomeAndPet or any of its affiliates used on this Site may not be copied, imitated or used, in whole or in part, without the prior written consent of HomeAndPet or any such affiliate. Other products, services, logos and company names mentioned on this Site may be the trade-marks of their respective owners. Except as expressly provided herein, HomeAndPet and its affiliates do not grant any express or implied right or license to You under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information.
Non- infringement; You may not post or otherwise make available to the Site any material that is protected by a copyright, trade-mark or other proprietary right without the express permission of the owner. You agree to assume sole liability and to indemnify HomeAndPet for any damage resulting from infringement of any third party's copyrights, trade-marks or other proprietary rights or any other harm resulting from Your use of such infringing materials in a Referral, or on or in connection with the Site.
Content Feeds; We make some of the Site Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that:
Your use of the Feeds is for personal, non-commercial purposes only;
Your display of the Feed Content links back to the relevant pages on HomeAndPet’ websites, and attributes HomeAndPet as the source of the Feed Content;
Your use or display of the Feed Content does not suggest that HomeAndPet promotes or endorses any third party causes, ideas, websites, products or services, Including Your Site;
You do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden HomeAndPet’ systems. HomeAndPet reserves all rights in the Feed Content and may terminate the Feeds at any time.
6. LIMITATIONS ON LIABILITY AND DISCLAIMERS
This Site, the materials and the information accessible through this Site are provided "as is" without any representation or warranty, express or implied, of any kind. HomeAndPet and its affiliates hereby disclaim all warranties and conditions with regard thereto, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade. HomeAndPet does not warrant that this Site will operate without interruptions or that it will be error free. The use of this Site is at Your own risk and the Company assumes no liability or responsibility pertaining to the Content, Your use of the Site or the receipt, storage, transmission or other use of Your personal information. You hereby acknowledge and agree that Your use of the Site is at Your own risk.
The Materials and information accessible through this Site may contain inaccuracies and typographical errors. HomeAndPet and its affiliates make no representations or warranties about the accuracy or completeness of the Materials or information accessible on or through this Site, or the reliability of any advice, opinion, statement or other information displayed or distributed through this Site. HomeAndPet assumes no responsibility for the accuracy and completeness of any Referral. You acknowledge that any reliance on any of the foregoing shall be at Your sole risk. HomeAndPet will not be responsible to You or any Third Party for any damages, expenditures, loss of profits, or prospective profits of any kind or nature sustained or arising out of or alleged to have been sustained or to have arisen out of Your use of this Site.
In no event will HomeAndPet or its affiliate, agents, licensors, suppliers or their respective directors, officers or employees be liable for any direct, indirect, incidental, consequential, punitive, exemplary, reliance, special or other damages ( including without limitation, damages for harm to business, lost profits, lost savings or lost revenues, business interruption, loss of information or programs or other data on Your information handling system ) related to the use of, or the inability to use this Site, its Contents or Material available from this Site, or any information, products and services obtained through this Site, or functions of this Site or any linked Site, whether or not HomeAndPet or its affiliates, employees or agents have been advised of the possibility of such damages.
HomeAndPet assumes no obligation to update the Content on this Site. The Content on this Site may be changed without notice to You. HomeAndPet is not responsible for any Content or information that You may find undesirable or objectionable. The Company disclaims any liability for unauthorized use or reproduction of any portion of the Site. accessing the Content from territories where it may be illegal is prohibited
You agree at all times to indemnify and defend HomeAndPet, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, Claims, damages, demands, liabilities and expenses whatsoever (Including legal and other fees and disbursements) sustained, incurred or paid by HomeAndPet directly or indirectly in respect of:
Any information or other Content You provide on or through this Site, including Your Referral(s) or by e-mail or other correspondence;
, and all other documents contained on this Site; or
Your use or misuse of the Content or this Site, including without limitation infringement Claims.
From time to time, HomeAndPet may offer, either on or through the Site, promotions or games ("Promotions"). You agree to release HomeAndPet and its agents, advertisers, sponsors and / or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through the Site. You agree to be bound by the rules of any Promotion. If You violate any such rules or guidelines for behavior posted on the Site, You will be subject to immediate disqualification and will become ineligible to be awarded any prizes. HomeAndPet reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time, without prior notification.
11. NO ENDORSEMENT
This Site compiles opinions and comments from certain Users and publishes such opinions and comments in Referrals. Referrals published do not convey the recommendations or endorsement of any specific Company or individual by HomeAndPet.
12. LEGAL DISPUTES
HomeAndPet is committed to resolving disputes quickly in a cost effective and neutral way. Accordingly, you and HomeAndPet agree to resolve any dispute that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as HomeAndPet and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly via email through info@HomeAndPet.ca.
Get in touch: It is our belief that many disputes can be resolved amicably. We encourage you to contact us by email before resorting to alternatives.
Improperly Filed Claims: Claims you bring against HomeAndPet must be resolved in accordance with this Legal Disputes Section. A Claim filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. A Claim filed contrary to the Legal Disputes Section may allow HomeAndPet to recover legal fees provided that HomeAndPet has notified you in writing of the improperly filed Claim, and you have failed to promptly have the Claim withdrawn.
Law and Forum for Legal Disputes: This Agreement shall be governed in all respects by the laws of the Province of Ontario as they apply to agreements entered into and to be performed entirely within Ontario between Ontario residents, without regard to conflict of law provisions. You agree that any Claim or dispute you may have against HomeAndPet must be resolved exclusively by provincial or federal court located in Toronto, Ontario, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. For the purpose of litigation all such Claims or disputes, you agree to submit to the personal jurisdiction of the courts located within Toronto, Ontario.
Arbitration Option: For any Claim (excluding Claims for injunctive or other equitable relief) totaling an amount of less than $25,000, the party requesting relief will elect to resolve the dispute through binding non-appearance-based arbitration. Arbitration shall be initiated through an established alternative dispute resolution (ADR) provider which shall be mutually agreed upon by all parties. The following rules shall be complied with by the ADR provider and the parties: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions. The initiating party shall choose the specific manner by which the arbitration will be conducted; (b) the arbitration shall not involve any personal appearances by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
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14. HOW TO CONTACT US
Home And Pet Canada
Ontario L7L 2H8