This agreement represents the complete agreement and understanding between Leveraged Listing Ltd (doing business as Leveraged Listing) (the “Company”) and the customer (the “Customer”) and supersedes any other written or oral agreement. Upon Notice published on-line via the Company, the Company may modify this agreement, modify the prices, or discontinue or change the services offered.
BY USING THE WEBSITE OPERATED BY THE COMPANY OR PURCHASING SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
“Services” means - any act of serving the Customer, being provided by the Company, regardless of the duration and whether the Service is paid for or not.
As provided by Canadian federal law, United States federal law and by international treaties, copyrighted materials (e.g. images, text, and programs) may not be uploaded using the Company services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor may author attribution notices or copyright notices be modified.
The Customer will provide the Company with all required or advisable logos, verbiage, and other information that the Customer is required to include in published materials produced as part of the Services by applicable law or by a regulator of the Customer.
The Customer will maintain a secure password to the account and update the password at regular intervals. The Customer is solely responsible for changing its password as required to assure secure access to the account.
The Customer agrees to use the services provided by the Company as permitted by applicable local, provincial, state, and federal laws. The Customer agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, prohibited by the Customer’s regulator, libelous, or against any Company policy.
The Company reserves the right to refuse service to any new or existing customers and refund the remaining balance on the account, if any.
The Customer is solely responsible for any legal liability arising out of, or relating to, the use of the Services. The Customer represents and warrants to the Company that it holds all necessary rights to permit the use of any of the pictures, information, data, logos, icons, verbiage, and other intellectual property (collectively, “IP”), and, that the use, reproduction, distribution, transmission or display of any IP to the public, and any material to which this public can link through via the Services, will not:
The Customer acknowledges and agrees that the provision of the Services is at the sole discretion of the Company. The Company may at its sole discretion discontinue the Services to the Customer.
Sending unsolicited bulk/or commercial messages over the Internet (known as "Spamming") is strictly prohibited. It is not only harmful because of its negative impact on consumer attitudes toward the Company, but also because it can overload the Company network and disrupt service to the Company subscribers. Also, maintaining an open SMPT relay is prohibited. When a complaint is received, the Company has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
The Customer agrees to indemnify, protect, defend, and hold harmless the Company and its parent, subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable legal fees) resulting from or related to (A) the Customer's Use of the services and (B) the Customer's Misrepresentation or breach of warranty or covenant.
The Company does not review material provided by the Customer for IP infringement, regulatory requirements or any other legal or regulatory requirement. The Company makes no warranty of any kind, either expressed or implied regarding the quality, accuracy, or validity of the IP arising from or related to the Services.
The Customer understands, agrees, and acknowledges that the Company makes a reasonable effort to provide the Customer with Services some of which are being licensed from or by third parties. However, the Company can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability, or validity for the applications(s), data and/or information involved in the Services.
The Company specifically disclaims all warranties of merchantability and fitness for a particular purpose. The use of the Services obtained from or through the Company or any referred third party, directly or indirectly, is at the risk of the Customer.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
Payment for Service will be made by the Customer in advance of receiving the Services. The Customer acknowledges that it is responsible to initiate a payment in order to renew the Services once the original service-period has ended.
Payment is due at the beginning of each accounting cycle. Accounts that are delinquent are put on "accounting hold" and may not be used. Accounts that are unpaid for an accounting cycle automatically have their files archived, and accounts that are unpaid for two accounting cycles have their files purged.
No refunds will be provided, except at the discretion of the Company and only prior to launch of a campaign (as determined by the Company).
There is a CAN$50.00 service charge for each payment which is not honored
Any use of the Company system resources that disrupts the normal use of the system for other customers is considered to be abuse of system resources and is grounds for administrative intervention.
Unethical and criminal offenses are violations of Company policy. The Customer will report to the Company any information you may have concerning instances in which the conditions of use have been or are being violated. When the Company becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, the Company may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution.
The Customer acknowledges and agree that the Services, this website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Company name, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. The Customer may not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
The Company hereby grants the Customer a royalty-bearing, non-exclusive, non-sublicenseable right and license to use the various materials provided by the Company to the Customer (“Company Content”) in connection with the Services. The Customer may not re-use Company Content or create templates based on Company Content.
Any account with a past due balance may have partial or full services suspended. Notice of account suspension will be placed on website. E-mail received to suspended account will be bounced back to the sender with a notice reflecting the status of the suspended account.
The rights and liabilities of the parties hereto will bind and enure to the benefit of their respective successors, assigns, executors, or administrators, as the case may be. The Customer may not assign or delegate its rights and obligations under its business relationships with the Company either in whole or in part, without the prior written consent of the Company. The Company may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of the Company assets or corporate reorganization.
The Services and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of British Columbia or any other jurisdiction) and notwithstanding the Customer’s domicile, residence, or physical location.
All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration administered by the Vancouver International Arbitration Centre (VanIAC) pursuant to its applicable Rules. The place of arbitration shall be Vancouver, British Columbia, Canada.
Appeals from the decision of an arbitrator may only be instituted in the courts of the Province of British Columbia or the Federal Court of Canada sitting in Vancouver, British Columbia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. The Customer waives any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
The Company cannot accept agreements and payments from persons under the age of 18 years. Therefore, the Company requires that its agreements be made with a person who is qualified to contract. As such, the Customer must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure the proper payment.
This agreement constitutes the full and complete understanding and agreement of the Customer and the Company, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations, and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms and Conditions, initiated by the Customer will be effective only if accepted in writing and signed by an authorized officer of the Company.
