Last update: June 25, 2010
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DISCONTINUE ALL USE OF THIS SITE IMMEDIATELY. Please carefully read the following terms of use ("Terms of Use") before using this web site (the "Site") owned by Trader Corporation ("Trader").
1. General Remark. This Site is for personal and non-commercial use. The entire content included in this Site, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, sounds video clips, software and links to external web sites (the "Content"), is provided for informational purposes only. This Site acts as a venue for sellers, lessors, advertisers and employers (the "Sellers") to list products, services, vehicles and properties for sale (or for rent, in case of properties) and positions to fill and for buyers, renters or job seekers(the "Buyers") to browse through listings of such products, services, vehicles, properties and positions. Trader has no obligation to, and does not and cannot, monitor or review every item of Content that you and other users make available through this Site, and Trader is not responsible for any of this Content. Trader does not provide any real estate, brokerage, appraisal or other real estate- or real property-related services, and does not hold itself out as being registered, licensed or otherwise authorized to perform any such services. Trader does not provide any advice regarding real property, real estate, real estate transactions, brokerages, appraisals or any other real estate- or real property-related matters. By using this Site, you agree to accept the risks inherent in trading in an on-line venue and acknowledge that Trader shall not be responsible for the acts or omissions of users of this Site. PLEASE USE CAUTION AND COMMON SENSE WHEN USING THIS SITE.
2. Posting of Content. You will be solely responsible for any Content that you make available through the Site, and any liability resulting from its use as contemplated in these Terms of Use. You will also be liable for any costs, losses or damage resulting, directly or indirectly, from your making any Content available on or through the Site.
3. Dealing with Third Parties. Trader is not involved in the actual transaction between Buyers and Sellers and as a result, Trader has no control over the quality or legality of the Content advertised, the truth or accuracy of any representations made by Sellers, the ability of Sellers to sell and the ability of Buyers to purchase. Any correspondence or business dealings with any third parties including merchants, Sellers, or advertisers found on, or through, the Site is solely between you and such parties. Trader is not responsible for any damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not Trader, are responsible for compliance with all laws applicable in any such transaction.
4. Disclaimers and Limitation of Liability. This Site and the Content are provided to you "as is" and "as available" and without warranty or condition of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Trader disclaims all warranties, express or implied, including, but not limited to, implied warranties or conditions of merchantability or fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Trader does not represent or warrant that the functions contained in this Site will be uninterrupted or error free, that defects will be corrected or that this Site or that the server which makes the Site available are free of viruses or other harmful components. In no event shall Trader be liable for any damages whatsoever, including special, indirect, incidental or consequential damages, arising out of or in connection with the use or performance of this site or any other site you may access while using this site or your use of the Content, even if advised of the possibility of such damages.
5. Indemnity. You acknowledge and expressly agree that use of this Site is at your sole and own risk. You agree to defend, indemnify and hold Trader and its affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Use by you or users of your account, or in any way arising out of the use of this Site, including without limitation, the placement or transmission of any information or other materials on this Site by you or users of your account.
6. Prohibited Use of this Site. You shall not use this Site in any way that would interfere with its operation nor submit any content to this Site which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other laws. You shall not post, upload, publish, transmit or otherwise distribute on this Site any information or other materials that:
- could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, assault, or fraud;
- could defame, abuse, harass, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy or publicity, moral or statutory or any other rights of any person;
- could infringe the intellectual property rights including without limitation any copyright, trade-mark, or patent, of any person;
- could be considered as a use of this Site that is contrary to law or electronic etiquette, or which would adversely impact the use of this Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components;
- contains any distasteful or offensive material including, but not limited to, material intended for an adult audience;
- contains: (i) advertising, solicitation, offer to join any organization whatsoever, or (ii) surveys, contests, or chain letters; or
- encourages, conspires, entices or promotes the occurrence of any of the prohibited conduct stipulated herein.
Trader reserves the right to remove any information that you post, upload, publish, transmit or distribute or otherwise use on this Site at any time, at its sole discretion and without prior notice.
7. License. By posting, uploading or submitting any information, material or content to this Site, you automatically grant (or automatically warrant that the owner of the rights to such material or content has expressly granted) Trader a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such information, material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all moral rights in any such information, material or content posted, uploaded or submitted by you.
8. Web Scraping/Harvesting. You may only use or reproduce the Content for your own personal and non-commercial use. The framing, scraping, data-mining, extraction or collection of the Content of this Site in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this Site.
9. Hyperlinking to this Site. You may create a link (the "Hyperlink") to this Site provided that:
- you do not replicate any of the Content of this Site;
- you do not create a frame or any other bordered environment around this Site or its Content;
- the Hyperlink shall not imply any endorsement of any product or services;
- the website linking to this Site does not contain distasteful or offensive material including, but not limited to, material intended for an adult audience and pornographic material; and
- the website linking to this Site does not contain any information, content or material that would interfere with the operation this Site nor which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other laws.
Trader may withdraw your right to link to this Site at any time in its sole discretion.
10. External Links on this Site. Links available on this Site will allow you to link to websites not maintained or controlled by Trader. Trader provides these links for your convenience only and makes no endorsements, warranties or representations of any kind whatsoever regarding those other web sites and assumes no responsibility for content on third party websites. Please be aware that you link to these third party websites at your own risk.
11. Copyright. All Content published on or otherwise accessible through this Site is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by Trader or Trader’s content suppliers. You may only use or reproduce the Content for your own personal and non-commercial use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through this Site and maintain such notices in the Content.
12. Trade-marks. TRADERTM, AUTO TRADERTM, AUTOTRADER.CATM, HOMETRADERTM and BUYSELLTM are trade-marks of Trader in Canada. All other products, services and company names mentioned in the Site may be trade-marks of either Trader or its related companies or of their respective owners. You shall not use any trade-mark displayed on the Site without the express written permission of Trader or the relevant owner of the trade-mark.
13. Privacy and Confidential Information. Trader’s Privacy Policy is a binding and integral part of these Terms.
14. Changes. Trader reserves the right to change or remove any Content from this Site, in whole or in part, at its sole discretion, at any time, without notice. Trader reserves the exclusive right to modify these Terms of Use at any time. Non-material changes and clarifications will take effect immediately. Any material changes will take effect 30 days after their posting. To know the posting date of any change appears at the top of this page, please refer to the last update date. Any continued use of this Site will be deemed conclusive of your acceptance of the modified Terms of Use.
15. Miscellaneous. The Terms of Use of this Site and all other documents referenced herein constitute the entire agreement between Trader and you with respect to your use of this Site. Trader’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. These Terms of Use shall be governed by and construed in accordance with the laws of Québec and the federal laws of Canada applicable therein. The parties hereby agree and attorn to the exclusive jurisdiction of the Courts of Québec. The parties have required that these Terms of Use and all related documents be drawn up in English. Les parties ont demandé que ces termes et conditions ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.