Please read the terms and conditions below and click on "Accept" button
below to continue with your registration. Otherwise, click "Cancel" to exit the
The User Agreement below is effective for all users on January 1st, 2005.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH KENORA.CA OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement for Kenora.ca (the "Agreement"). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub domains of www.Kenora.ca (the "Site") and the general principles for the websites of our parent, subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use the Site or access our services.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. In addition, we will notify you in accordance with your notification preferences. This Agreement may not be otherwise amended except in a writing signed by you and Kenora.ca. This agreement is effective upon acceptance in registration for new registering users and is otherwise effective on January 1st, 2005 for all users registered.
1. Membership Eligibility Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Kenora.ca members. If you are under the age of 18, you can use this Site only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use the Site. Further, your Kenora.ca account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. Fees and Services Joining and utilization of e-services at Kenora.ca is free. We do not charge fees for listing items for sale through our Site, or for users to utilize e-Services. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
Certain taxes and government charges may be payable in relation to the purchase transaction. We accept no responsibility for such taxes and other government charges on transactions on the Site.
3. Your Information
3.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, in any public message area (including the Café or the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
3.2 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or otherwise adult in nature or harmful to minors; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.
4. Access and Interference
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Kenora.ca by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Kenora.ca and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
5. Breach Without limiting other remedies, we may limit your activity, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause financial loss or legal liability for you, our users or us.
7. No Warranty WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE, UNLESS SPECIFICALLY REQUIRED BY LAW.
8. Liability Limit IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND C$150.
9. Indemnity You agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
10. Legal Compliance You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services.
11. Notices Except as explicitly stated otherwise, any notices shall be given by registered mail to Kenora.ca, Attn: Legal Department City Of Kenora, 1 Main Street, Kenora, Ontario, P9N 3X2 (in the case of Kenora.ca) or to the email address you provide to Kenora.ca during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Kenora.ca during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
12. Resolution of Disputes In the event a dispute arises between you and Kenora.ca, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Kenora.ca agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
12.1 Claims Under C$15,000.00 For any Claims where the total amount of the award sought is less than C$15,000, you or Kenora.ca may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the Canadian Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
12.2 Claims in excess of C$15,000.00. For any claim where the total amount exceeds C$15,000.000, or where equitable relief is sought, the claim shall be brought in a court of competent jurisdiction located at Kenora, Ontario, and you hereby agree to submit to the jurisdiction of the Ontario courts in connection with any such claim. If both parties agree, a claim in excess of C$15,000.00 may be resolved through binding arbitration on such terms and condition as the parties may agree upon.
14. General This Agreement shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated terms and conditions may be automatically assigned by Kenora.ca in accordance with Section 11 "Notices", in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
15. Contracts in English It is the express wish of the parties that this document and any related documents be drawn up and executed in English.
16. Disclosures The services hereunder are offered by Kenora.ca. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. Kenora.ca is not affiliated with safetysurf.com.
Disputes between you and Kenora.ca regarding our Site may be reported to Customer Support. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general or a certified mediation or arbitration entity.
Copyright © 2005 LOWBIC