|
The following describes the terms and conditions
on which e2eVillage Inc, or any of our partner's
private label versions of the e2eVillage.com
service offers you access to our services.
The services available at http://www.e2eVillage.com
(the "Site") and private label versions
of the Site ("Services") are owned
and operated by e2eVillage Inc., an Ontario
corporation, and are provided to you ("You")
under the following terms and conditions (the
"Agreement"). If you do not agree
to be bound by the terms and conditions of this
Agreement, do not use or access our Services.
e2eVillage may amend this Agreement at any time
by posting the amended terms and conditions
on the Site or private label versions of the
Site (together the "Sites"). This
Agreement may not be otherwise amended except
in writing signed by you and e2eVillage.
Services
e2eVillage is an online business referral service
that matches requests from potential customers
("Buyers") with service-providers that may
be able to meet their needs ("Service-Providers").
e2eVillage is not involved in the actual transaction
between Buyers and Service-Providers. Consequently,
e2eVillage cannot ensure that a transaction
will occur. Further, if a transaction does occur,
e2eVillage has no control over the quality,
safety or legality of the item or service sold.
The Sites are a venue for You to receive requests
from interested Buyers. You understand that
e2eVillage does not guarantee sales or results.
You may receive any number of requests a day,
or may receive zero requests for products or
services on any given day and possibly throughout
your participation in e2eVillage.
Registration Obligations
You agree to provide true, accurate, current and complete information
about Your business as prompted by the registration
process. If You do not, e2eVillage has the right
to deny, suspend or terminate your Service.
The email address used to register must be distinct
to You.
You will receive an email, usually within three
days, notifying You whether your registration
has been approved. e2eVillage may deny You use
of the Service at its sole discretion. Specifically,
the following Service-Providers are ineligible to participate
in the Service:
- Posting surveys, contests, or pyramid schemes
including "MLM" or Multi-Level Marketing
programs;
- Aggregators of Businesses. Those Service-Providers
that can be classified as a directory service,
call centre, referral network, association,
franchiser, portal, search engine or something
other than a destination site will be considered
an aggregator; Aggregators are also those businesses
which direct customers from their own business
Web site to another business Web site in order
to make a transaction or purchase;
- Service-Providers including "Home-Based Businesses and Service-Providers"
are strictly prohibited from using e2eVillage
to recruit additional members or representatives
for their business. These Service-Providers may respond
to leads solely for the purpose of selling the
actual products or services that they provide.
We reserve the right to disallow Your account
if it appears that Your main focus is to recruit
new members to Your business either through
Your e2eVillage account or Your business Web
site.
You agree to grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub licensable
(through multiple tiers) right to exercise the
copyright, publicity, and database rights (but
no other rights) you have in the information you
submit to e2eVillage as part of the registration
process ("Your Information"), in any
media now known or not currently known, with
respect to Your Information. e2eVillage will
only use Your Information in accordance with
our Privacy Policy. For more information, see
our full Privacy Policy.
Business Account
Upon approval, you will receive
a user login and a password ("Your
Account"). e2eVillage reserves the right
to approve or disapprove category selections
to ensure that the leads provided to You are
appropriate for Your business. You are responsible
for all activities that occur under Your Account.
You may not allow anyone else to use Your email
address and You may not use anyone else's email
address while using the Service. You agree to
notify e2eVillage immediately of any unauthorized
use of Your Account or email or any other breach
of security. e2eVillage will not be liable for
any loss or damage arising from your failure
to comply.
Fees
As a buyer, you can submit as many business or personal
requests as you require at absolutely no cost to you!
After the expiry of the free trial account, a nominal subscription fee applies when you sign up as
a Service-Provider. You agree to pay e2eVillage the fees associated
with the subscription plan You select upon registration
for the Service. Payment shall be in Canadian funds.
e2eVillage may change the prices, payment terms,
plans or other options at any time, at our discretion.
e2eVillage agrees to notify you of any proposed
changes.
Business Conduct
You agree to respond personally
and individually to each request and not to
use third party automatic response mechanisms
containing a standard message and/or a link
to another Web site. You may include a link
to Web sites operated by parties other than
e2eVillage as long as the response is not automated.
You also agree to abide by, and conform Your
use of information You obtain from or about
Buyers through the Service to, the then current
terms of e2eVillage's Privacy Policy.
You agree to not use the Service:
a) for any purpose in violation of local, provincial,
national, or international laws;
b) in a manner that infringes on the intellectual
property rights of others or on the privacy
or publicity rights of others;
c) to transmit, post or make available any information,
data, text, files, links, software, chat, communication,
or any other materials that are unlawful, harmful,
threatening, abusive, invasive of another's
privacy, harassing, defamatory, slanderous,
vulgar, obscene, hateful, racist, embarrassing
or otherwise objectionable to any other person
or entity as determined by e2eVillage Service
in its sole discretion;
d) to transmit, post or otherwise make available
any unsolicited or unauthorized advertising,
promotional materials, "junk mail,"
"Spam," "chain letters,"
"pyramid schemes," or any other form
of solicitation.
e) To impersonate any person or entity or falsely
state or otherwise misrepresent your affiliation
with a person or entity.
f) To post improper responses;
g) to cross-sell other products or services
or responding to requests with information that
does not directly relate to the Buyer's request;
h) to 'stalk' or otherwise harass another;
i) to distribute viruses, corrupted files, Trojan
horses, or any other similar software or programs
that may damage or interfere with the operation
of another's computer or telecommunications
equipment or utilize the resources of another's
computer or telecommunications equipment without
such parties express permission;
j) to collect or store personal data about others;
k) to engage in any other conduct that inhibits
any other person from using or enjoying e2eVillage
and which negatively affects the user experience.
You acknowledge that e2eVillage screens Your
responses to Buyers and has the right (but not
the obligation) in our sole discretion to deny
any response or remove any content that is in
violation of this Agreement.
Termination
In the unlikely event that you are not satisfied with the
Service, you can cancel your subscription any time.
e2eVillage.com will refund you for the remaining full-months
of your subscription term, minus a $10 admin cost recovery.
Partially used months are non-refundable.
e2eVillage may also terminate or suspend any
and all Services immediately, without prior
notice or liability, if You breach any of the
terms or conditions of this Agreement. Upon
termination of Your Account, Your right to use
the Services and any information about Buyer's
obtained via the Service will immediately cease.
All provisions of this Agreement, which by their
nature should survive termination, shall survive
termination.
Release
Because we are not involved in the
actual transaction between Buyers and Service-Providers,
in the event that you have a dispute, for any
reason, You release e2eVillage (and our officers,
directors, agents, and employees) from claims,
demands, and damages (actual or consequential)
of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with
such disputes.
Use of Business Name
You acknowledge and agree that by participating in the Service,
e2eVillage shall have the right, without any
compensation to You, to utilize the name of
your business in e2eVillage's promotions, press
releases, public relations, advertisements,
and/or other sales and marketing activities.
e2eVillage's Proprietary Rights
You acknowledge and agree that the Sites and Service and any
necessary software used in connection with the
Sites or Service contain proprietary and confidential
information that is protected by applicable
intellectual property and other laws. You further
acknowledge and agree that content on the Sites
or presented to you through the Service is protected
by copyrights, trademarks, patents and other
proprietary rights and laws. Except as expressly
authorized by e2eVillage, you agree not to modify,
sell, distribute or create derivative works
based on the Sites, Service or software, in
whole or part.
Upgrades, Support and Notices
From time to
time, e2eVillage may (and has the right to)
send You information and offers about upgrades,
documentation and other services offered by
e2eVillage and its Partners. Notwithstanding
the foregoing, under no circumstances will e2eVillage
or any of its Partners have any obligation to
provide You with upgrades, enhancements, modifications,
or support for the Services or Sites.
Indemnity
You agree to indemnify and hold
e2eVillage, its parents, subsidiaries, affiliates,
officers, employees and service providers and
partners ("Partners"), harmless from
any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising
out of the following: Your use of the Services,
use of Your Account by any third party, purchase
or use of Your products or services, Your use
of information about Buyers obtained via the
Service, the violation of this Agreement by
You, or the infringement by You, or any third
party using Your Account, of any intellectual
property or other right of any person or entity.
Warranty Disclaimer
You use the Services at
Your own risk. THE SERVICE IS PROVIDED ON AN
"AS IS, AS AVAILABLE" BASIS. NEITHER
E2EVILLAGE NOR ANY OF ITS PARTNERS MAKES ANY
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO THE SERVICES OR ANY CONTENT OR PRODUCTS,
AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL
E2EVILLAGE OR OUR PARTNERS BE LIABLE FOR LOST
PROFITS OR ANY SPECIAL, INCIDENTIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THE SITES, THE USE OR THE INABILITY TO USE THE
SERVICE OR THIS AGREEMENT (HOWEVER ARISING,
INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE
LIABILITY OF OUR PARTNERS TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE
AMOUNT FEES YOU PAY US IN THE TWELVE MONTHS
PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.
General
This agreement constitutes the entire
agreements between You and e2eVillage. The rights
and obligations of the parties under this Agreement
shall not be governed by the 1980 U.N. Convention
on Contracts for the International Sale of Goods;
rather such rights and obligations shall be
governed in all respects by the laws of the
Province of Ontario without regard to its conflict
of law provisions. The Ontario Superior Court
of Justice will have exclusive jurisdiction
and venue over all controversies in connection
herewith, and each party hereby consents to
such exclusive and personal jurisdiction and
venue. This Agreement is in the English language
only, which language shall be controlling in
all respects, and all versions hereof in any
other language shall not be binding on the parties
hereto. All communications and notices to be
made or given pursuant to this Agreement shall
be in the English language. The failure of either
party to exercise in any respect any right provided
for herein shall not be deemed a waiver of any
further rights hereunder. If any provision of
this Agreement is found to be unenforceable
or invalid, that provision shall be limited
or eliminated to the minimum extent necessary
so that this Agreement shall otherwise remain
in full force and effect and enforceable. This
Agreement is not assignable, transferable or
sub licensable by You without e2eVillage's prior
written consent. e2eVillage may assign this
Agreement in whole or in part. No agency, partnership,
joint venture, or employment is created as a
result of this Agreement and You do not have
any authority of any kind to bind e2eVillage
in any respect whatsoever. Headings are for
convenience only and have no legal or contractual
effect. All notices under this Agreement shall
be in writing and shall be deemed to have been
duly given when receipt is electronically confirmed,
if transmitted by facsimile or email or upon
receipt, if sent by certified or registered
mail, return receipt requested.
|