© 2003 XpressHAND

Acceptance of Our Service (XpressHAND's Classified Ad)
When you have made your decision to enter into this contract by paying the fee for our classified ad service or as a client of our housing service entitled to free advertising or by signing up for membership/subscription, you as our esteemed advertiser or client hereby declare that you have read, understood and accepted the terms of this contract, henceforth referred to as "Agreement", with the rights, obligations and limitations contained therein, whether related to you as advertiser/client or us as seller/provider or entities who are not participants of the Agreement known as third parties.

The terms in this Agreement describe your as well as our rights and commitments. They also govern our refund and warranty policies as well as our limitation of liability.

You must accept the terms of the Agreement as a condition for XpressHAND to post your ad or to realize your membership or subscription.

Our contact
In case of any question about the Agreement, you are always welcome to contact us here or through our mailing address published in this Agreement.

Parties involved
"Advertiser" is you, the purchaser or client of our service or membership. "Advertiser" may also mean a recipient of a service sold, where the service is ordered and paid for by someone other than the recipient. A recipient shall have the same rights and obligations as Advertiser. A client may mean a member of our marketing organizations or a subscriber to our newsletter.
"Seller" is we, the website, the owner of this website or XpressHAND.
"Third Party or Parties" are individuals or entities who are not "Advertiser" nor "Seller", but who are indirectly involved in this Agreement, e.g. a customer of an advertisement, a supplier, a provider, a user/visitor of our site, an affiliate or a joint venture partner.

Legal status of Advertiser
Advertiser assures Seller that he is of legal age to enter into contractual agreement in the province or country where he is present when he makes this purchase or uses this service and is the true and authorized owner of the credit card used to make this purchase, and therefore Seller shall not be held responsible in any way for any breach of the law about the Advertiser's age.

Services or membership offered
Seller offers services and membership---advertising service, classified ads and newsletter subscription. Although efforts have been made to include all terms of the services in this Agreement, other specific terms may still be found on the respective pages of the services concerned, and Seller hereby declares that such specific terms shall be an integral part of this Agreement and Advertiser shall also understand and accept them as such. Presentation about Seller's products, services or membership found in Seller's promotional materials, newsletters or email shall be a part of this description and together with the description found in this Agreement and on the above-mentioned respective pages shall constitute a complete description of Seller's products, services or membership. Seller offers products, services and membership and the word product in this Agreement may mean all elements offered in the sale, whether digital or dimensional, tangible or not tangible, a service or a membership, a licence or a right. The Advertiser or client has no licence or right to duplicate or sell our service in any form or to sell it or distribute it whether for profit or not to any party for any reason.

Terms of sale & purchase as well as our refund policy
Classified Ads

A. Propriety of postings and content: An advertisement (ad) posted on our website shall solely be the responsibility of the poster and XpressHAND under no circumstances shall be accountable for its contents or liable for the consequences arising out of its posting or for any loss sustained by the Advertiser or any third party involved through the ad. XpressHAND does not warrant the accuracy and reliability of postings and content posted by its customers and clients. You agree that XpressHAND has no obligation to check and shall not be responsible for postings or content made available through its service; and that interacting through its service, you may also be open to content that is offensive, inaccurate, misleading or otherwise objectionable. XpressHAND's site and content may include links to other websites and your interactions with said sites are entirely at your own risk and XpressHAND is not responsible for any harm arising out of your interactions with said sites. You agree that in no way will XpressHAND be accountable for any content or for any loss or damage of any sort sustained as a result of the use of any content posted, emailed or otherwise made available through its service. All your postings and content made available through our service must comply with applicable laws and regulations and shall not be used for fraudulent activity or purpose. Postings must not contain viruses, worms or other corrupting agents that may disrupt or interfere with our system. Although XpressHAND has no obligation to examine postings on this website, XpressHAND has the right to refuse or delete any posting or content for any reason in its sole discretion.

B. Websites and services of third parties: You agree and accept that XpressHAND is not responsible or liable for any loss or damage of any sort incurred as the result of your interactions with entities and/or individuals found through its service or content and that you undertake full responsibility for your interactions with such entities and/or individuals. Whatever investigation you regard necessary or appropriate completely depends on you to make before proceeding with any transaction with any third party. In case of a dispute between users of this website or between a user and any third party, you accept and agree that XpressHAND is under no obligation to become involved and you hereby release XpressHAND, its owner, officers, employees and agents from claims, demands and damages of every kind resulting from or associated with such dispute.

C. Posting guidelines: You agree to use our service as governed by this Agreement and not to post, email or otherwise make available content:

that is false, deceptive, misleading or deceitful;

that is unlawful, harmful, threatening, harassing, defamatory, libelous, tortious, stalking, harmful to minors, obscene, pornographic or objectionable;

that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of race, national origin, religion, gender, sexual orientation, age or disability;

that advertises any illegal service or the sale of any items prohibited or restricted by any applicable law, including the law of the Province of Ontario, Canada;

that contains identifying information about another person without that person's explicit permission;

that violates the proprietary rights of any party or that you do not have the right lawfully or by agreement to make available;

that transgresses the Fair Housing Act with a discriminatory preference based on race, colour, ethnicity, religion, gender, familial status or handicap or that violates any Canadian province, US state or local law    prohibiting discrimination;

that violates Canada and US federal, state, province, or local equal employment opportunity laws with a preference or requirement based on race, colour, national origin, religion, gender, age or disability;
impersonates or misrepresents your association with any person or entity, including, but not limited to, an XpressHAND employee;

that involves or includes junk mail, spam or unsolicited commercial advertisement;

that contains software viruses or other corrupting agents designed to harm or destroy the functionality of computer software or hardware or telecommunications equipment;

that uses deceptive email addresses or otherwise manipulated identifiers in order to mask the origin of content transmitted through our service.

The Advertiser/Client also acknowledges and agrees not to:
(a) gather or harvest personal data about other users for commercial or unlawful purposes;
(b) use automated means to download data from our service, unless specially approved by XpressHAND;
(c) post the same or similar content or otherwise burden our service with unreasonably large load---applicable only to non-paying      Advertisers/Clients;
(d) post the same item in more than one classified category, unless with XpressHAND's written consent---applicable only to non-paying      Advertisers/Clients;
(e) employ an automated device or program to submit postings on our site automatically without each posting being manually entered.

D. Posting agent: You may not use a posting agent to post content to our service without XpressHAND's consent or licence. Posting agents are not permitted to post content, to cause content to be so posted or otherwise access our service to facilitate posting content on behalf of others, except with XpressHAND's consent or licence. A posting agent is an intermediary that posts content to a service on behalf of others.

E. Unsolicited advertisements: The Advertiser / Client agrees not to send unsolicited email advertisements to XpressHAND's email addresses or through XpressHAND's computer system, which is prohibited and is considered a violation of this Agreement, our Terms of Use (TOU) and Privacy Policy.

F. Refund policy: The paying Advertiser agrees that there is a 14-day refund period applicable. All fees paid shall be non-refundable in case content is removed from our service for violating this Agreement or our Terms of Use (TOU) or our Privacy Policy.

G. Limitations of service: You agree that XpressHAND may limit the use of its service, such as the extent of days that content is withheld or the number and size of postings, email messages or other content transmitted or retained by its service. You agree that XpressHAND bears no responsibility or liability for the deletion or failure to store any content by its service. You accept that XpressHAND reserves the right at any time to remodel or terminate its service (or any part thereof) with or without notice, and that XpressHAND shall not be accountable to Advertiser/Client or to any third party for any modification, suspension or termination of its service.

Credit card payment fraud
Any Advertiser who violates the use of a credit card payment for fraudulent purpose shall be liable for civil or criminal prosecution. Said Advertiser understands and agrees that all information gathered by Seller may be used for prosecution, passed to law-enforcement authorities or to merchant service providers or credit card companies. An authorized credit card holder attempting to commit fraud on the Seller hereby empowers all credit card companies or merchant service providers to reveal to Seller all information that could be interpreted as proof of credit card deceit. Any Advertiser who cheats or uses trickery to get more than one refund or who creates a false dispute claim that results in a chargeback against Seller's account hereby authorizes Seller to re-charge the Advertiser's credit card that was previously used for the purchase in the amount equivalent to what Seller has lost plus other fees.

Advertiser's rights and obligations

The Advertiser/Client agrees to have his data, personal information, address and telephone number be kept in Seller's file and database and be used by Seller to contact him for follow-up (email, mail, newsletter, product    updates, product improvements, telephone calls from Seller) and post-sale activities. The Advertiser/Client    agrees to permit Seller to collect, store and use for sales activities information from or provided by electronic    means from the Advertiser/Client.

The Advertiser/Client understands that cookies are placed on his computer that will furnish information to Seller and communicate with Seller’s computer to transmit and receive information.

The Advertiser/Client agrees that Seller may publish for commercial purposes the full or partial content of any and all communication with the Advertiser/Client at Seller’s sole discretion.

The Advertiser/Client, however, shall have the full right at any time to notify Seller to stop soliciting him and/or to remove his name from Seller’s file and database.

The Advertiser/Client assumes full responsibility for limiting or terminating contacts by any party including Seller. Seller, however, retains the right to contact the Advertiser/Client regarding information related to the    product sold and for legal purposes.

In the case of a membership cancellation, the Client must send a notice to the address or email address found in this Sale & Purchase Agreement.

When the Advertiser makes a purchase or the Client signs up for a membership on this site for a service provided by a third party, the Advertiser or Client must look to the third party for additional warranties and    the Advertiser or Client accepts and understands that the warranties available through this site, if any are    offered or construed, are extremely limited and short.

The Advertiser/Client agrees that Seller is not liable for communication made to the Advertiser/Client by parties unrelated to this purchase although referred to by Seller. The Advertiser/Client accepts full    responsibility for limiting unsolicited contact and understands that he retains all rights to directly restrict    communication or solicitation from any party including Seller.

Limitation of liability and disclaimer

The Advertiser/Client agrees and accepts that Seller disclaims any liability for any information stated in Seller's promotional materials that is unintentionally misleading or incorrect that might cause harm or damage    to him or a third party or parties, including any harm and damage caused to the Advertiser's or Client's    computer or service or to third party's computer or service by viruses, worms or other corrupting agents.

The Advertiser/Client understands and agrees that Seller shall not be liable for any solicitations made to him by other third parties, although referred to by Seller.

Seller disclaims liability for the Advertiser's/Client's interactions with advertisers or other visitors or members of the site.

The Advertiser/Client agrees and accepts that Seller disclaims liability for all unforeseen or consequential harm or damage or loss of any nature to him or others including that related to all taxes and regulations applicable    to this product or service, as well as all legal compliance issues that may result directly or indirectly from the    purchase or use of Seller's product or service.

The Advertiser agrees and accepts that the maximum extent of Seller's total liability shall in no case amount to greater than the fee amount of Seller's service.

The Advertiser/Client expressly accepts full responsibility for allowing others to use this service or product.    Seller disclaims any liability whatsoever as a result of Advertiser’s recommendations or leads with third parties    concerning this service or product.

The Advertiser/Client agrees that Seller disclaims liability for all misinformation contained on this website that causes damages directly or indirectly to him as a result of using Seller’s service or product.

Where this disclaimer and claims made in sales and promotional materials are in conflict, the Sale & Purchase Agreement shall be controlling

No warranties are made whatsoever about merchantability or fitness for any particular purpose and non-infringement of proprietary rights. The service is sold “as is” without warranty or guarantee of any kind, either    express or implied. The Seller warrants and guarantees absolutely nothing. There is no “warranty period”.

XpressHAND in any way shall not be liable for direct, indirect, incidental, consequential or exemplary damages, even if XpressHAND has been informed of the likelihood of such damages, arising from any situation in the use    of XpressHAND's site or service or the inability to use XpressHAND's site or service or the interruption,    adjustment, alteration, suspension or discontinuance of XpressHAND's site or service. Such limitations shall    also take effect with regard to damages sustained in association with other services or products received    through or advertised on XpressHAND's site or service or any links on XpressHAND's site, as well as damages    incurred that is related to information or advice received through or advertised on XpressHAND's site or    service. These limitations shall be enforceable to the fullest extent permitted by law.

Advertiser understands that some states in USA do not allow limitation of liability.

Indemnification
The Advertiser/Client undertakes to indemnify Seller for any and all damage that the Advertiser/Client causes by using the product or information contained on this website that results in a damage award against Seller. You agree to indemnify and hold XpressHAND, its owners, employees, agents, successors, assigns, subsidiaries, affiliates, service providers and suppliers harmless from any damage, claim or demand, including all legal fees and court expenses, due to material or content you post or make available through XpressHAND's site or service, your use of its service, your breach of its Terms of Use, your violation of any terms and conditions contained herein or your infringement of any rights of another.

California OPPA of 2003
You are entering into a contract that may modify, restrict or eliminate rights you may have under the California Online Privacy Protection Act (OPPA) of 2003. Under our Privacy Policy and this Sale & Purchase Agreement, you waive any right to force this business or website to divulge when or to whom your information may have been provided to third parties. The required identifying information may include credit card information, social insurance (security) numbers, notarised copies of state or province issued id or other id, in the event we elect to divulge it at all. Additionally, under this Agreement you agree to use the Arbitration and Mediation Institute of Canada (AMIC) exclusively in any claim arising from the Terms of Use, Privacy Policy or Sale & Purchase Agreement, and not the courts of the state of California. You also agree that any cause of action is presumed to have arisen in the city and province of this business or website and not in the state of California, unless the website is located there, and not in the jurisdiction where the customer resides.

Seller's Privacy Policy and Terms of Use
The Advertiser/Client accepts and agrees to the Seller's Privacy Policy and Terms of Use as posted on the Seller's website.

Dispute resolution
Arbitration
Advertisers/Clients, users, visitors and subscribers of the website accept and agree to use binding arbitration for any claim, any dispute or contention of any nature (in contract, tort or otherwise) that arises out of the purchase of the website's product or service or of users' interaction on or with the website.

When there is a dispute, the Advertiser/Client, user, visitor or subscriber of the website accepts and agrees to use arbitration, which shall be conducted in compliance with the rules of the Arbitration and Mediation Institute of Canada (AMIC) which are in effect on the date a dispute is submitted to the Arbitration and Mediation Institute of Canada. Information about the Arbitration and Mediation Institute of Canada in Ontario (AMIO), located in Toronto, its rules and its forms are available by contacting them at 416-487-4447. Hearing will take place in Kitchener, Ontario, Canada.

The Advertiser/Client, user, visitor or subscriber of the website accepts and agrees that he has no right to go to court. Likewise, he disclaims his right to engage in pre-trial discovery except as provided in the rules and will not have the right to join as a representative or member of any class of claimants related to any claim subject to arbitration. The arbitrator’s decision will be final and binding with limited rights of appeal.

The party who has lost the case shall bear all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees as well as travel expenses, of the prevailing party.

Jurisdiction & venue
Advertisers/Clients, users, visitors and subscribers of the website accept and agree that the jurisdiction shall be Kitchener, Ontario, Canada if any matter regarding this service or product on the website be brought before a court of law.

Governing law
This Sale and Purchase Agreement shall be governed by the laws of the Province of Ontario, Canada.

Notice
The Advertiser/Client agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination and Modification of service or product at the email address provided to Seller on the ordering page. The Advertiser/Client agrees that the right to contact him concerning legal notice shall not be terminated by previously submitted "unsubscribed" notices and specifically agrees that any notification to cease contact shall not be binding upon Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website or Modification of the terms of service or product. The Advertiser/Client grants Seller irrevocable right to contact him via mail or telephone concerning any of these issues irrespective of other rights the Advertiser/Client has to sever contact with Seller.

Modification of Sale & Purchase Agreement
This Sale & Purchase Agreement cannot be modified in any manner between Seller and the Advertiser/Client unless modifications are made in writing signed by both parties. However, Seller has the right to modify this Sale & Purchase Agreement at any time for other Advertisers/Clients without notice to the present Advertiser/Client.

Enforceability of provisions
In case some provisions and terms of the Sale & Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. The Advertiser/Client and Seller agree that if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.

Relinquishment
Seller's relinquishment of or failure to enforce any term of this Agreement shall not be interpreted as a modification or amendment of the Agreement or constitute a waiver of other breaches.

Seller contact information
XpressHAND
385 Fairway Road South, Suite 4A-210
Kitchener, Ontario, N2C2N9
CANADA
E-mail: info@xpresshand.com

Copyright and trademarks
Any commercial use of our listings or data in whole or in part, directly or indirectly, is expressly forbidden except with the prior written approval of the owner of this website. Property database or listings and/or data may not be modified or altered in any way, merged with other data or published in any form, in whole or in part. The prohibited uses include any activity intended to collect, retain, reorganize or manipulate or publish data found on the pages produced by or displayed on XpressHAND’s website.

Advertiser/Client accepts and agrees that by submitting to Seller or posting on Seller's service his content he automatically grants, and he warrants that he has the right to grant, to Seller an irrevocable, non-exclusive, fully paid, worldwide licence to use, copy, display and distribute said content and to prepare derivative works of, or incorporate into other works, said content, as well as to authorize sublicences of the same. Furthermore, by posting content on any public area of Seller's service, the Advertiser/Client automatically grants Seller all rights to forbid any subsequent display, copying, reproduction or exploitation of the content on the service by any party for any purpose.

Framing
Advertiser/Client accepts and agrees that he may not under any circumstances frame Seller's website or content in any manner that is different from how it would appear if a user typed Seller's URL into the browser line.

Final acceptance
Completion of this form and clicking the submit button below mean that you have read, understood and expressly accepted our Sale & Purchase Agreement, Terms of Use and Privacy Policy and warrant to Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.

Last modified. This Sale and Purchase Agreement was last updated on: September 25, 2008