Terms of Use

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Please read these terms of use (these “Terms of Use”) carefully before accessing or using this website, including through its generally available interfaces (collectively, the “Site”). These Terms of Use form an agreement between YouCanSellit.ca Inc. (“YCSI”, “we”, “us” and “our”), and you, and govern your use of the Site (the term “use” when used herein in respect of the Site will mean access or use, and using will have a corresponding meaning). By using the Site, you agree to be bound by, and to comply with, these Terms of Use and our privacy policy, which may be accessed via the Site (the “Privacy Policy”). If you do not accept and agree to be bound by these Terms of Use and our Privacy Policy, or you are not capable of agreeing to these Terms of Use and our Privacy Policy, then your sole recourse is to stop using the Site and the Site Content (defined below) immediately. 

As a condition precedent to your use of the Site, you hereby warrant that: (i) you have reached the age of majority in your jurisdiction of residence; (ii) you possess the legal authority to create and enter into a binding legal obligation; and (iii) you will use the Site in accordance with these Terms of Use.

Changes to these Terms of Use and the Site

We reserve the right, at any time and from time to time, to change these Terms of Use, in whole or in part, by posting an updated version of these Terms of Use on the Site. You are responsible for regularly reviewing these Terms of Use, including verifying whether these Terms of Use have changed. Your continued use of this Site or the Site Content after any such changes to these Terms of Use will constitute your consent to be bound by such changes, with continued provision of the use of this Site or the Site Content constituting consideration from us to you for so being bound. Your only right with respect to any dissatisfaction with these Terms of Use is to stop using the Site and the Site Content immediately.

YCSI reserves the right to, at any time and from time to time, without notice, modify, add to or remove any material, content, designs, layout, graphics, pictures, illustrations, photographs, images, audio, video, software, artwork, sounds, names, words, titles, phrases, logos, trademarks, service marks, trade names and other information contained on the Site including, without limitation, the “look and feel” of the Site, these Terms of Use and the Privacy Policy  (collectively, the “Site Content”). 

Use of the Site

The Site is provided solely to allow you to: (i) receive information about us, our team and the services we provide; (ii) use the services and functionalities (if any) made available to you by us through the Site; and (iii) submit inquiries to us (each of the foregoing, a “Permitted Use”). Unless otherwise agreed in writing by us, the Site may only be used through our generally available interfaces.

We retain the right, at our sole discretion, to deny use of the Site to anyone, at any time and for any reason, including, but not limited to, violation of these Terms of Use, in whole or in part. You agree to cease and desist from any such use immediately upon request by us. We will not be responsible for any loss or damages incurred by you as a result of any termination or suspension of your use of the Site.

Ownership

YCSI expressly reserves all rights and title in and to the Site, Site Content and all other materials provided or made accessible by us hereunder and not specifically granted to you. All rights, title and interest in and to the Site and Site Content and all other materials provided or made accessible by us hereunder, any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein, will remain with YCSI (or its third party suppliers and licensors, if applicable). You acquire absolutely no rights, interest or licences to the Site or the Site Content, other than the limited right to use the Site and the Site Content in accordance with these Terms of Use. The Site, Site Content and all other materials provided or made accessible by us hereunder are licensed and not sold to you. 

Privacy Policy

We respect the privacy of your personal information (as defined in our Privacy Policy). Please review our Privacy Policy for details on the manner in which we may collect, use, and disclose your personal information. By using the Site or Site Content, you agree to our use, collection and disclosure of your personal information as described in our Privacy Policy, which is hereby incorporated by reference and forms a part of these Terms of Use.

Restrictions 

You agree that you will not, without our prior written consent, use the Site or the Site Content for any purpose that is not a Permitted Use. Without limiting the foregoing, you will not, without our prior written consent: (i) “frame”, “mirror” or otherwise incorporate the Site or the Site Content or any part thereof on any commercial or non-commercial website; (ii) access, monitor or copy any Site Content using any data mining, robot, spider, scraper or other automated means or any manual process for any data gathering or extraction methods; (iii) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our systems and/or networks; (iv) attempt to gain unauthorized access to our systems or networks; (v) use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Site; or (vi) access the Site for the purpose of building a similar or competitive service or for the purpose of obtaining unauthorized access to the Site. 

Although you may view the Site and Site Content through a web browser or other interface made generally available by us and make limited copies of information about services provided by YCSI, you otherwise agree that no part of the Site or the Site Content may be copied, reproduced, modified, distributed, transferred, sold, published, broadcast, performed, transmitted, published, licensed or circulated in any form or format without our prior written consent. The copying, translation, creation of derivative works of, reverse engineering, reverse assembling, disassembling, or decompiling of the Site or any part thereof or modifying the Site, without our prior written consent, is strictly prohibited.

Third Party Sites 

The Site may provide links to third party web sites (the “Third Party Websites”). We do not endorse Third Party Websites or the information contained on Third Party Websites, and we do not guarantee their merchantability, merchantable quality, title, non-infringement, security, reliability, completeness, quiet enjoyment, accuracy, quality or fitness for any particular purpose. We do not control Third Party Websites or the content on Third Party Websites, and you acknowledge that you access Third Party Websites entirely at your own risk.

Viruses 

Use of the Site, including the use or downloading of Site Content is done entirely at your own risk. We cannot and do not guarantee or warrant that the Site or the Site Content are compatible with your mobile device or computer system(s) or that the Site or the Site Content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your mobile device(s) and computer system(s), and you are responsible for the entire cost of any service, repairs or connections of and to your mobile device(s) and computer system(s) that may be necessary as a result of your use of the Site.

Feedback

By submitting ideas, suggestions, documents, and/or proposals (“Feedback”) on or via the Site, you warrant that your Feedback does not contain any confidential or proprietary information, and you acknowledge and agree that: (i) YCSI is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (ii) YCSI will be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, form and format, including in any media, worldwide; (iii) YCSI may have something similar to the Feedback already under consideration or in development; (iv) you irrevocably waive your moral rights in and to such Feedback and assign to YCSI all rights to your Feedback; and (v) you are not entitled to any compensation or reimbursement of any kind from YCSI or any of its affiliates under any circumstances.

Warranty Disclaimer and Limitation of Liability

THE SITE, INCLUDING THE SITE CONTENT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YCSI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YCSI DOES NOT WARRANT THAT THE SITE OR SITE CONTENT OR YOUR USE OF THE SITE OR SITE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

IN NO EVENT WILL YCSI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR ARE IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT OR ANY THIRD PARTY WEBSITE, EVEN IF YCSI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY RELEASE AND HOLD YCSI AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, SITE CONTENT OR ANY THIRD PARTY WEBSITES, OR ANY ALLEGED VIOLATION BY YOU OF THESE TERMS OF USE.

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF YCSI IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, INCLUDING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE, SITE CONTENT OR ANY THIRD PARTY WEBSITE, OR FOR ANY CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO USE, THE SITE, SITE CONTENT OR ANY THIRD PARTY WEBSITE, EXCEED TEN CANADIAN DOLLARS ($10) or the equivalent in local currency. 

Indemnification

You agree to indemnify and hold harmless YCSI, its affiliates, directors, officers, employees, agents, representatives, suppliers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees) suffered by any of them, based upon, arising from, related to or in connection with: (i) your use of the Site, Site Content and/or any Third Party Website; (ii) your breach or alleged breach of these Terms of Use, in whole or in part; or (iii) your violation of any law or the rights of any third party.

Governing Law and Jurisdiction

These Terms of Use will be governed by and construed under the laws of the Province of Ontario, and the federal laws of Canada applicable therein, excluding any body of law governing conflicts of law. YCSI has the right to institute legal or equitable proceedings, including proceedings seeking injunctive relief, in a court of law for claims or disputes regarding your violation or threatened violation of these Terms of Use or any part thereof. You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and irrevocably consent and attorn to the jurisdiction of the courts located in the Province of Ontario, for any claims arising from or related to these Terms of Use. You agree that, in the event that there is a dispute under these Terms of Use and such dispute is to be resolved in a court of law, such dispute will be conducted only on an individual basis and not in a class, representative, consolidated or mass action. If any part of this paragraph is found to be unenforceable, the remainder of this paragraph will still be given full force and effect.

Entire Agreement and Waiver

These Terms of Use constitute the entire agreement between YCSI and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and YCSI with respect to the subject matter hereof. YCSI’s failure to insist upon or enforce strict performance of any provision of these Terms of Use, in whole or in part, will not be construed as a waiver of any provisions or right. Waiver of any provision hereof in one instance will not preclude enforcement thereof on future occasions.

English Language

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

Last updated: October 15, 2024