1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Marketplace Niagara (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://marketplaceniagara.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). By accessing the Site, you agree that you have read, understood, and agreed to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. Your continued use of the Site after the date of revised Terms of Use constitutes your acceptance of the changes.

The information provided on the Site is intended for users located in Ontario, Canada. Accessing the Site from jurisdictions where its content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws of Canada and international conventions. The Content and the Marks are provided on the Site “AS IS” for your personal, non-commercial use only.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity to agree to these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site without written permission from us.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with applicable laws or regulations in Ontario, Canada.
  • Upload or transmit viruses, Trojan horses, or other harmful material.
  • Attempt to impersonate another user or use the username of another user.
  • Engage in unauthorized framing of or linking to the Site.
  • Copy or adapt the Site’s software, including but not limited to PHP, HTML, JavaScript, or other code.
  • Engage in any conduct that disrupts, interferes with, or creates an undue burden on the Site or the networks connected to the Site.

5. USER CONTRIBUTIONS

The Site may provide you with the opportunity to create, submit, post, display, or transmit content and materials to us or on the Site (collectively, “Contributions”). You retain full ownership of your Contributions and any intellectual property rights associated with them. However, by submitting Contributions, you grant us a non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, and distribute such Contributions in connection with the Site.

6. GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles.

7. LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; or (4) violation of the rights of a third party, including but not limited to intellectual property rights.

9. CONTACT US

For any questions or concerns regarding these Terms of Use, you may contact us through the Site’s contact page.