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Smart Canucks Inc. Terms of Service


IMPORTANT! PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY BEFORE USING WWW.SMARTCANUCKS.CA (THE "WEB SITES"), AS IT AFFECTS AND GOVERNS YOUR USE OF THESE WEB SITES AND YOUR LEGAL RIGHTS AND OBLIGATIONS. You agree to these Terms by accessing this Web Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THESE WEB SITES.

Smartcanucks.ca is not an online merchant, we are a shopping portal used to save you money and time finding deals on the internet. We are not responsible for any products ordered from our affiliated or non affiliated merchants. Before participating in any deal, coupons or promotions on this site please read the fine print associated with each offer. All deals, coupons, and promotions on this site are subject to change without notice. Smartcanucks.ca does not guarantee the accuracy of links, coupons, or deals on this site. You agree to comply with all rules, laws and regulations that are applicable to your use of the Web Site, including, without limitation, those governing your transmission or use of any software or data.

1. ACCEPTANCE OF TERMS

Smart Canucks Inc. (herein after "Smartcanucks.ca" or "Smartcanucks") welcomes you to our community. Smart Canucks Inc. refers to the Web Site www.Smartcanucks.ca and all of its sub-domains. Smartcanucks provides its service to you subject to the following Terms of Service (herein after "TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Smartcanucks owned or operated services, all guests and registered members of Smartcanucks 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 (including but not limited to Smartcanucks Privacy policy) are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

Smartcanucks provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (herein after the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release/upgrade of new Smartcanucks properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Smartcanucks assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (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 Smartcanucks has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Smartcanucks 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). All decisions concerning limited access to the site or termination of your account is at Smartcanucks sole discretion and all decisions are final unless otherwise notified.

4. SMARTCANUCKS PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please read 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 Smartcanucks of any unauthorized use of your password or account or any other breach of security, and (b) Smartcanucks recommends that you exit from your account at the end of each session if using a public computer. Smartcanucks 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, tags, or other materials (herein after "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Smartcanucks, are entirely responsible for all Content that you upload, post, email, link, transmit or otherwise make available via the Service. Smartcanucks 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 to your own personal beliefs. Under no circumstances will Smartcanucks be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  1. upload, post, email, link, Private Message, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm any person (minor or adult) in any way;
  3. impersonate any person or entity, including, but not limited to, the Smartcanucks administrator, a forum leader or moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. manipulate in any way identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, link, Private Message, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (this includes, but is not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, link, Private Message, transmit, trade, or otherwise make available any Content that infringes on the terms or conditions of any party;
  7. upload, post, email, link, Private Message, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or self promotion;
  8. upload, post, email, link, Private Message, transmit or otherwise make available 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;
  9. disrupt the normal flow of posting or otherwise act in a manner that negatively affects other users' ability to engage in accessing and utilizing the site (e.g. posting in a thread, accessing Smartcanucks, registering with Smartcanucks, etc);
  10. 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;
  11. intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law while using the Service;
  12. "stalk" or otherwise harass another; and/or
  13. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that Smartcanucks may or may not pre-screen Content, but that Smartcanucks and its moderators shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, or move any Content that is available via the Service. Without limiting the foregoing, Smartcanucks and its moderators shall have the right to remove any Content that violates the TOS or is otherwise objectionable at their sole discretion. 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 Smartcanucks or submitted to Smartcanucks, including without limitation information in all parts of the Service, which includes forum board posts.

You acknowledge, consent and agree that Smartcanucks may access, preserve and disclose your account information, including your ISP address, and Content if required to do so by law or in a good faith belief that such access 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; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Smartcanucks, 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.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Smartcanucks and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service.

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 Canada or the country in which you reside.

8. INDEMNITY

You agree to indemnify and hold Smartcanucks and its subsidiaries, affiliates, officers, agents, employees, partners and licensors 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, transmit or otherwise make available 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.

9. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Smartcanucks may establish general practices and limits concerning use of the Service, including without limitation, the maximum number of days that Private Messages are stored, message board postings or other uploaded Content will be retained by the Service, the maximum number of Private Messages that may be sent from or received by an account on the Service, the maximum size of any Private Message or message board posting that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Smartcanucks'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 Smartcanucks has no responsibility or liability for the deletion or failure to store any messages and other communications, including but not limited to message board posts, or other Content maintained or transmitted by the Service. You acknowledge that Smartcanucks reserves the right to log off accounts that are inactive for an extended period of time. There is a limit of one (1) account per person. Any subsequent accounts created without the express written permission of the Smartcanucks administrator will be banned and/or closed. Creating multiple accounts may also jeopardize your ability to access the Smartcanucks site and your original account may be banned and/or closed. You further acknowledge that Smartcanucks reserves the right to modify these general practices and limits from time to time as they see fit.

10. MODIFICATIONS TO SERVICE

Smartcanucks 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 Smartcanucks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION OF USER ACCOUNT (I.E. BANNING AN ACCOUNT)

You agree that Smartcanucks may, under certain circumstances and without prior notice, immediately terminate your Smartcanucks account, any associated account(s), and access to the Service indefinitely or for a set period of time. A termination of an account is also known as getting banned from the Smartcanucks site. A termination of an account, whether it is being temporarily or permanently banned, may include limitations to accessing Smartcanucks, but the user’s profile, including their posts, will not be deleted. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made at Smartcanucks's sole discretion and that Smartcanucks shall not be liable to you or any third party for any termination of your account, any associated Content, or access to the Service.

12. 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 Smartcanucks 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.

13. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Smartcanucks has no control over such sites and resources, you acknowledge and agree that Smartcanucks 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 Smartcanucks 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.

14. SMARTCANUCKS' 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 by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Smartcanucks, 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.

15. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. Smartcanucks 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.

Smartcanucks 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.

Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and 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.

No advice or information, whether oral or written, obtained by you from Smartcanucks or through or from the service shall create any warranty not expressly stated in the TOS.

16. LIMITATION OF LIABILITY

You expressly understand and agree that Smartcanucks shall not be liable to you 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 Smartcanucks 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.

17. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 15 and 16 may not apply to you.

18. NOTICE

Smartcanucks may, but is not required to, provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service. The obligation is solely on you, the user, to check for any updates to this TOS at any time.

19. COPYRIGHT NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Copyright 2006 - 2010. Smart Canucks, Inc. All Rights Reserved. All Content Copyright and All Rights Reserved by Their Respective Owners. No Content May Be Duplicated Without Express Written Consent.

Additionally, any other content, trademarks, or otherwise that may be found on the website(s) that is not Smartcanucks property is copyright their respective owners. In no way does Smartcanucks claim ownership or responsibility for these items, and you should seek legal consent from those respective parties.

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit an email to [email protected] with the following information:

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. We may provide the alleged infringing party with your email address so that that person can respond to your allegations. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

20. GENERAL INFORMATION

This Agreement, your use of the Websites, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Ottawa in relation to all disputes arising from or related to this Agreement, your use of the Websites and any related matters.

Entire Agreement. The TOS constitutes the entire agreement between you and Smartcanucks and governs your use of the Service and Content, superseding any prior agreements between you and Smartcanucks with respect to the Service and Content. You also may be subject to additional terms and conditions that may apply when you use certain other Smartcanucks services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms. The failure of Smartcanucks 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.

No Right of Survivorship and Non-Transferability. You agree that your Smartcanucks account is non-transferable and any rights to your Smartcanucks ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. 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 ninety (90) days 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 if they run contrary to the law.

21. PRICING DISCLAIMER

We do everything we can to ensure that the prices on our and other companies websites are correct, and we try to keep our prices up-to-date to reflect that. Sometimes we need to change the cost of a product, either up or down.

Prices may be changed at any time without further notice.

We reserve the right to change our product's prices at any time without further notice. However, if you have ordered but not yet paid for a product, we guarantee the price for one month from when the order was placed.

Prices listed in any other websites may not be accepted or necessarily accurate.

We sell link to products through a number of different online channels and we cannot always control when they are updated. We reserve the right not to accept a price listed on a site other than our own.

22. VIOLATIONS

Please report any violations of the TOS to our Customer Support at [email protected]

23. EFFECTIVE DATE

This TOS is effective as of February 25th, 2006.