1. ACCEPTANCE OF TERMS
Welcome to thegreenpages.ca.
thegreenpages.ca provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us
from time to time without notice to you. In addition, when using
particular thegreenpages.ca services, you and thegreenpages.ca
shall be subject to any posted guidelines or rules applicable to
such services which may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into
the TOS.
2. DESCRIPTION OF SERVICE
thegreenpages.ca currently
provides users with access to a rich collection of on-line
resources, including, various communications tools, online
forums, shopping services, personalized content and branded
programming through its network of properties (the "Service").
Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of
new thegreenpages.ca properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS"
and that thegreenpages.ca assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
In order to use the Service, you must obtain access to the World
Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated with such
access. In addition, you must provide all equipment necessary to
make such connection to the World Wide Web, including a computer
and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of
the Service, you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the
Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or thegreenpages.ca has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, thegreenpages.ca has the
right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion
thereof). thegreenpages.ca is concerned about the safety and
privacy of all its users, particularly children.
4. thegreenpages.ca PRIVACY
POLICY
Registration Data and certain
other information about you is subject to our Privacy Policy.
For more information, please see our full privacy policy.
5. MEMBER ACCOUNT, PASSWORD AND
SECURITY
You will receive a password and
account designation upon completing the Service's registration
process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree
to (a) immediately notify thegreenpages.ca of any unauthorized
use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of
each session. thegreenpages.ca cannot and will not be liable for
any loss or damage arising from your failure to comply with this
Section 5.
6. MEMBER CONDUCT
You understand that all
information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated.
This means that you, and not thegreenpages.ca, are entirely
responsible for all Content that you upload, post, email or
otherwise transmit via the Service. thegreenpages.ca does not
control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will thegreenpages.ca be liable in any
way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of
any kind incurred as a result of the use of any Content posted,
emailed or otherwise transmitted via the Service.
You agree to not use the Service
to:
| a. | upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; |
| b. | harm minors in any way; |
| c. | impersonate any person or entity, including, but not limited to, a thegreenpages.ca official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; |
| d. | forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; |
| e. | upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); |
| f. | upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; |
| g. | upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; |
| h. | upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; |
| i. | disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; |
| j. | interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; |
| k. | intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; |
| l. | "stalk" or otherwise harass another; or |
| m. | collect or store personal data about other users. |
You acknowledge that thegreenpages.ca does not pre-screen Content, but that thegreenpages.ca and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, thegreenpages.ca and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by thegreenpages.ca or submitted to thegreenpages.ca, including without limitation information in thegreenpages.ca Message Boards, thegreenpages.ca Clubs, and in all other parts of the Service.
You acknowledge and agree that
thegreenpages.ca may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of
thegreenpages.ca, its users and the public.
You understand that the technical
processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR
INTERNATIONAL USE
Recognizing the global nature of
the Internet, you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically, you agree
to comply with all applicable laws regarding the transmission of
technical data exported from the Canada or the country in
which you reside.
8. PUBLIC CONTENT POSTED TO
thegreenpages.ca
(a) For purposes of the TOS,
"publicly accessible areas of the Service" are those accessible
by the general public. By way of example, a publicly accessible
area of the Service would include public thegreenpages.ca Clubs
and thegreenpages.ca Message Boards, but would not include
private thegreenpages.ca Clubs or private thegreenpages.ca
communication services such as thegreenpages.ca mail (coming
soon).
(b) With respect to Content you
elect to post for inclusion in publicly accessible areas of
thegreenpages.ca. Clubs or that consists of photos or other
graphics you elect to post to any other publicly accessible area
of the Service, you grant thegreenpages.ca the world-wide,
royalty free and non-exclusive license to reproduce, modify,
adapt and publish such Content on the Service solely for the
purpose of displaying, distributing and promoting the specific
thegreenpages.ca. Club to which such Content was submitted, or,
in the case of photos or graphics, solely for the purpose for
which such photo or graphic was submitted to the Service. This
license exists only for as long as you elect to continue to
include such Content on the Service and shall be terminated at
the time you delete such Content from the Service.
(c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant thegreenpages.ca the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
(d) By submitting any user content (including without limitation, video files, audio files, photography, blog entries, comments, events and ratings) to our Site, you thereby grant us a worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, distribute, promote such content in any form, in all media. You agree to not grant any rights to third parties that would conflict with the aforementioned rights that you grant to us. Furthermore, by submitting a listing or advertisement to our Site, you grant us the right to advertise on your behalf by including links to and summaries of your advertisement in any other online or offline medium, whether controlled by us or by a third party.
(e) You are solely responsible for any content that you submit, post or transmit via our service. You agree not to post or submit any content that is unlawful, false or misleading or harmful including content that: (a) is libelous, defamatory or slanderous, (b) contains sexually explicit content, (c) may degrade, harass or intimidate any individual on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, (d) exploits images or the likeness of individuals under 18 years of age, (e) encourages or otherwise depicts glamorized violence or drug use, (f) makes use of offensive language or images, or (g) includes content subject to rights of third parties that would conflict with Section 3(A) or their intellectual property rights.
(f) We have no obligation to post any content that you submit. In addition, we may, at our sole discretion, edit, remove or delete any content that you submit.
(g) We are not responsible for the accuracy, errors or omissions, of the business and organizational listings on our web site.
9. INDEMNITY
You agree to indemnify and hold
thegreenpages.ca, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you
submit, post to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of the
TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or
access to the Service.
11. GENERAL PRACTICES REGARDING
USE AND STORAGE
You acknowledge that
thegreenpages.ca may establish general practices and limits
concerning use of the Service, including without limitation the
maximum number of days that email messages, message board
postings or other uploaded Content will be retained by the
Service, the maximum number of email messages that may be sent
from or received by an account on the Service, the maximum size
of any email message that may be sent from or received by an
account on the Service, the maximum disk space that will be
allotted on thegreenpages.ca's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree that
thegreenpages.ca has no responsibility or liability for the
deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the
Service. You acknowledge that thegreenpages.ca reserves the
right to log off accounts that are inactive for an extended
period of time. You further acknowledge that thegreenpages.ca
reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
thegreenpages.ca reserves the
right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that
thegreenpages.ca shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the
Service.
13. TERMINATION
You agree that thegreenpages.ca,
in its sole discretion, may terminate your password, account (or
any part thereof) or use of the Service, and remove and discard
any Content within the Service, for any reason, including,
without limitation, for lack of use or if thegreenpages.ca
believes that you have violated or acted inconsistently with the
letter or spirit of the TOS. thegreenpages.ca may also in its
sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any
provision of this TOS may be effected without prior notice, and
acknowledge and agree that thegreenpages.ca may immediately
deactivate or delete your account and all related information
and files in your account and/or bar any further access to such
files or the Service. Further, you agree that thegreenpages.ca
shall not be liable to you or any third-party for any
termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that thegreenpages.ca shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
15. LINKS
The Service may provide, or third
parties may provide, links to other World Wide Web sites or
resources. Because thegreenpages.ca has no control over such
sites and resources, you acknowledge and agree that
thegreenpages.ca is not responsible for the availability of such
external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources.
You further acknowledge and agree that thegreenpages.ca shall
not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
16. THEGREENPAGES.CA PROPRIETARY
RIGHTS
You acknowledge and agree that
the Service and any necessary software used in connection with
the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by
thegreenpages.ca or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
thegreenpages.ca grants you a
personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the
purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through
the interface that is provided by thegreenpages.ca for use in
accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
| a. | YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEGREENPAGES.CA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
| b. | THEGREENPAGES.CA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. |
| c. | ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
| d. | NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THEGREENPAGES.CA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT THEGREENPAGES.CA SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
THEGREENPAGES.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
Unavailable
20. SPECIAL ADMONITION FOR
SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join
any service, receive or request any news, messages, alerts or
other information from the Service concerning companies, stock
quotes, investments or securities, please read the above
Sections 17 and 18 again. They go doubly for you. In addition,
for this type of information particularly, the phrase "Let the
investor beware" is apt. The Service is provided for
informational purposes only, and no Content included in the
Service is intended for trading or investing purposes.
thegreenpages.ca shall not be responsible or liable for the
accuracy, usefulness or availability of any information
transmitted via the Service, and shall not be responsible or
liable for any trading or investment decisions made based on
such information.
21. NOTICE
Notices to you may be made via
either email or regular mail. The Service may also provide
notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
thegreenpages.ca is a pending
trademark as of October, 1999
23. COPYRIGHTS and COPYRIGHT
AGENTS
thegreenpages.ca respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide thegreenpages.ca's Copyright Agent the following information:
- an electronic or physical
signature of the person authorized to act on behalf of the
owner of the copyright interest;
- a description of the
copyrighted work that you claim has been infringed;
- a description of where the
material that you claim is infringing is located on the site;
- your address, telephone
number, and email address;
- a statement by you that you
have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
thegreenpages.ca's Copyright Agent for Notice of claims of
copyright infringement on its site is Rex Turgano who can be
reached as follows: By mail:
Rex Turgano
Copyright Agent
c/o thegreenpages.ca
24. GENERAL INFORMATION
The TOS constitute the entire
agreement between you and thegreenpages.ca and govern your use
of the Service, superceding any prior agreements between you and
thegreenpages.ca. You also may be subject to additional terms
and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the
relationship between you and thegreenpages.ca shall be governed
by the laws of the State of California without regard to its
conflict of law provisions. You and thegreenpages.ca agree to
submit to the personal and exclusive jurisdiction of the courts
located within the county of Santa Clara, California. The
failure of thegreenpages.ca to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right
or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are
for convenience only and have no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS using our feedback form.


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