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Terms of Use of My Home Here.ca

TRANSCONTINENTAL

BY ACCESSING OR USING THE SITE (ICIMAMAISON), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACKNOWLEDGE THAT THIS AGREEMENT CONSTITUTES A BINDING CONTRACT WITH TRANSCONTINENTAL MEDIA GP (HEREIN REFERRED TO AS "TRANSCONTINENTAL"). IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE ICIMAMAISON WEBSITE.

As a condition of use, you promise not to use ICIMAMAISON, in whole or in part, for any unlawful or improper purpose or for any other purpose prohibited by these Terms of Use.

You agree that you will not modify, copy, distribute, transmit, run, reproduce, publish, sub-license, create a derived work from, frame on another Web page, use with any other Website or transfer or sell any parts whatsoever from among the following: information; software; list of users; databases or others lists; products and services provided by ICIMAMAISON or obtained by ICIMAMAISON. You also agree, among others things, not to use any "screen or data scraping" techniques or conduct any activity whatsoever aimed at obtaining ICIMAMAISON user lists or any other data. You agree not to use ICIMAMAISON in such a way that could damage, undermine, overload or ruin the ICIMAMAISON Website or disrupt the use or enjoyment of ICIMAMAISON by third parties. You agree not to obtain or attempt to obtain any material or information whatsoever through measures that are not provided or made available to you through ICIMAMAISON.

If you are required to provide information when using ICIMAMAISON, you agree to provide truthful, accurate and complete information and agree to refrain from impersonating someone else or misrepresenting your affiliation with any person or entity whatsoever. You agree not to access or attempt to access password-protected, secure or non-public areas of ICIMAMAISON without prior written authorization by Transcontinental.

You agree not to create links to ICIMAMAISON from any Website or Web page whatsoever without obtaining prior written authorization from Transcontinental. You agree that Transcontinental can, at its sole discretion, terminate your access to the Website and your use of the entire ICIMAMAISON site, with or without notice.


1. INTERACTIONS WITH THIRD PARTIES

When using ICIMAMAISON, you might enter into contact with, buy products and/services from or participate in promotions by advertisers, members or sponsors, showcasing their products and/or services on ICIMAMAISON. All contacts, purchases or promotions, including the delivery and payment of products and/or services, as well as any other conditions, guarantees or representations related to purchases or promotions are strictly between you and the interested third party. You agree that Transcontinental does not assume any responsibility or obligation with regards to the contacts, purchases or promotions between you and any third party.

UNDER NO CONDITIONS SHALL TRANSCONTINENTAL ACT AS AN INTERMEDIARY IN A TRANSACTION. TRANSCONTINENTAL SOLELY PROVIDES AN ADVERTISING PLATFORM THAT PUTS YOU IN CONTACT WITH BUYERS AND SELLERS.

Transcontinental shall not and will not assume any responsibility for (i) the general conditions of any transaction between you and a third party, (ii) any deficiencies or problems associated with the past history, credit or license of a third party or (iii) the quality of services rendered by a third party or any other civil liability arising out of or in connection to the delivery of such services. In the event of a dispute between you and a third party, you relieve Transcontinental (its managers, employees and agents) from all liability, claims and torts of any kind whatsoever, arising out of or in any connection whatsoever to a dispute.



2. DISCLAIMER

WITHOUT LIMITING THE FOREGOING, YOU CONFIRM YOUR UNDERSTANDING AND EXPRESS ACCEPTANCE OF WHAT FOLLOWS:

USE OF ALL INFORMATION AND CONFIDENCE IN THIS INFORMATION, INCLUDING BUT NOT LIMITED TO THE CONTENT PROVIDED BY TRANSCONTINENTAL ON ITS WEBSITE IS ENTIRELY AT YOUR OWN RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRANSCONTINENTAL SHALL NOT ASSUME ANY RESPONSIBILITY FOR THE CONTENT AND PROVIDES NO EXPRESS OR IMPLICIT WARRANTIES AS TO THE ADEQUACY, ACCURACY, SUFFICIENCY, SOUNDNESS, AUTHENTICITY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION. TRANSCONTINENTAL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY. IN NO EVENT SHALL TRANSCONTINENTAL BE LIABLE FOR ANY LOSSES, EXPENSES OR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING THE LOSS OF PROFITS OR REVENUE RESULTING FROM THE DIRECT OR INDIRECT USE OF OR CONFIDENCE IN THIS INFORMATION. ALL MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. TRANSCONTINENTAL SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.

Some areas of ICIMAMAISON are used by brokers, professional consultants and individuals to post advertisements for their companies/businesses that are for sale; companies/businesses that are being sought; and professional services. Transcontinental is not involved in the transaction between the buyers of these services and/or companies/businesses and sellers of these services and/or companies/businesses. Consequently, Transcontinental has no control over the quality of the services provided, whether pertaining to the accuracy of the information provided on these services or any other advertisements of companies/businesses for sale. You assume all the risk associated with your business dealings with the users with whom you enter into contact through the Website.

Given the difficulty of authenticating Internet users, Transcontinental does not guarantee the identify of users. In the event of a dispute with another user, you agree that Transcontinental (its managers, employees and agents) shall not be liable for any claims, demands or damages (actual and punitive, direct and indirect) of any kind whatsoever, arising out of or related to such disputes in any manner whatsoever.

Transcontinental has no control over the information provided by others users of ICIMAMAISON. The information provided by other users could be humiliating, offensive or inaccurate, and in some cases, incorrectly labelled or presented in a misleading manner. You agree and acknowledge that Transcontinental does not pre-select the content posted on ICIMAMAISON and that Transcontinental has the right (and not an obligation), at its sole discretion, to refuse or withdraw any content posted on ICIMAMAISON by you or any other third party. Without limitation to the foregoing conditions, Transcontinental has the right to withdraw all content that violates these Terms of Use or content that is otherwise disparaging. Transcontinental has the right to terminate your access to the Website at any time without notice for any reason whatsoever. You must assess and bear all risks related to the content you post on ICIMAMAISON, including all risks associated with the accuracy, completeness or usefulness of this content.

Transcontinental cannot and does not guarantee that ICIMAMAISON will function free of errors or that ICIMAMAISON and its server are free of viruses or other harmful mechanisms. ICIMAMAISON is modified periodically and these modifications may be made at any time without prior notice.


3. USER LIABILITY

As a user of ICIMAMAISON, you are solely responsible for damages resulting from your use of ICIMAMAISON, and, if applicable, for the material you post on the Website. You cannot: (i) post material that violates the rights of another or that infringes upon any intellectual property rights; (ii) post obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing material about another person or entity or post sexually explicit images or words; (iv) post chain letters, email chains or pyramid-type business opportunities; (v) impersonate someone else; (vi) introduce any material that could contain viruses, Trojan Horses, worms, logic bombs, spam-canceller software or any other programming elements destined to damage, interfere, intercept or expropriate a system, data or information.

If advised by a user that material posted on ICIMAMAISON does not comply with these Terms and Conditions, Transcontinental reserves the right to investigate the allegation and determine, in good faith and at its sole discretion, if the posted material must be removed from ICIMAMAISON. Transcontinental reserves the right, at all times, to expel any users that do not comply with the conditions of service or applicable laws and block their access to ICIMAMAISON, should they fail to remove the abusive, unlawful or harmful messages and/or material.

BY POSTING CONTENT ON ANY PUBLIC OR NON-PUBLIC AREAS OF THE WEBSITE, NAMELY ON THE ELECTRONIC BILLBOARD, YOU AGREE TO GRANT TRANSCONTINENTAL A NON-EXCLUSIVE, PERPETUAL, IRREVOCABLE LICENSE, FREE OF CHARGE, TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVED WORKS FROM, DISTRIBUTE, DISSEMINATE TO THE PUBLIC, PERFORM AND POST THE CONTENT (IN FULL OR IN PART) WORLDWIDE AND/OR INCORPORATE IT INTO OTHER FORMS, MEDIA OR ANY CURRENT OR FUTURE TECHNOLOGIES FOR THE DURATION OF ALL EXISTING RIGHTS IN THE CONTENT. YOU WARRANT TO TRANSCONTINENTAL THAT YOU HAVE THE RIGHT TO GRANT THIS LICENCE. IN ADDITION, UNDER THESE TERMS AND CONDITIONS, YOU GRANT ICIMAMAISON USERS THE RIGHT TO POST, VISUALIZE, STOCK AND REPRODUCE THAT CONTENT FOR PERSONAL USE.

UNDER THESE TERMS AND CONDITIONS, YOU AGREE TO COMPENSATE TRANSCONTINENTAL, ITS MANAGERS, EMPLOYEES AND AGENTS FOR ALL DAMAGES SUSTAINED BY TRANSCONTINENTAL, ITS EMPLOYEES, MANAGERS AND AGENTS, RESULTING FROM THE USE OF THE WEBSITE AND THE USE MADE BY TRANSCONTINENTAL OF ANY CONTENT POSTED ON ICIMAMAISON UNDER THE LICENCE GRANTED ABOVE.



4. GENERAL PROVISIONS

This agreement is governed by the laws of Québec, Canada. You hereby agree to be submitted to the exclusive jurisdiction of the courts of the province of Québec for all disputes arising out of or in connection to the use of ICIMAMAISON. The use of ICIMAMAISON in another jurisdiction where the provisions of these Terms and Conditions are obsolete is prohibited.

Failure by one of the Parties to enforce any provision of these Terms and Conditions, at a given time, shall not preclude that Party from exercising its right to enforce the provision at a later date.

If one of the provisions described in these Terms and Conditions is declared to be invalid or unenforceable for any reason whatsoever, the invalidity or unenforceability of this provision will not affect the validity and enforceability of any other provision hereof.

Each Party to these Terms and Conditions acknowledges that the other Party concluded this Agreement based on the limitations and exclusions of liability, disclaimers, damages and compensation liability from the other Party, as determined herein, and that the provisions form an essential basis of the bargain between them. The parties agree that the limitations and exclusions of liability, disclaimers set forth in these Terms and Conditions shall survive and continue to apply in the case of failure of the essential purpose of this contract.