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Term of Services

Term of Services

By clicking on “Save” or by visiting or using the Komshi.ca Portal or any other Portal or sub domain hosted by Komshi including without limitation your neighborhood’s individual Portal (individually and collectively the “Portal”), you agree to the following Terms of Use and acknowledge that these Terms of Use constitute a binding contract between you and Komshi.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MUST NOT CLICK ON “ACCEPT” OR VISIT OR USE THIS PORTAL, YOUR NEIGHBORHOOD’S INDIVIDUAL PORTAL OR ANY OTHER PORTAL HOSTED BY Komshi.

Introduction

Komshi reserves the right to modify these Terms of Use at any time in its sole discretion and without notice of any kind. You are responsible for reviewing these Terms of Use from time to time so that you will be apprised of any changes.

General Limitations on Use

The Portal is offered solely for your personal and non-commercial use and you agree not to use the Portal, in whole or in part, for any commercial purpose, for any unlawful purpose, or in any way prohibited by these Terms of Use. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Portal, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Portal. You will not use the Portal in any manner that could damage, disable, overburden, or impair the Portal or interfere with any other party's use and enjoyment of the Portal. You must be at least fourteen (14) years of age to use the Portal.

You agree that you will not impersonate, or misrepresent your affiliation with, any person or entity and that you will promptly provide true, accurate and complete user information to Komshi if requested. You agree that you will not access or attempt to access password protected, secure or non-public areas of any of the Portal, except for those areas for which you are authorized access by issuance of a password by Komshi or its authorized designee. You are responsible for use of the Portal by persons to whom you have intentionally or negligently allowed to access your password. If you attempt to access prohibited areas of the Portals, you may be subject to prosecution. You agree not to create links from any Portal or web page to any page within the Portal without the prior express written permission of Komshi, which permission may be granted or denied in Komshi’s sole discretion and, if granted, may be subject to certain additional terms and conditions. Please contact Komshi to request permission to link to the Portal.

Komshi may terminate your access to and use of the Portal, or any part thereof, with or without notice in its sole discretion and at any time. If Komshi determines or suspects that you are using or attempting to use the Portal for any inappropriate, illegal, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Komshi may initiate appropriate legal actions without prior notice to you, including but not limited to actions seeking lost revenue, repairs, legal fees, costs and expenses, injunctions or other equitable remedies.

Content Provided to You

The Portal may contain information and materials originated by Komshi (the “Komshi Content”). Komshi presents and makes the Komshi Content available as a public service. Komshi does not guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of the Komshi Content. You are responsible for confirming the sufficiency and reliability of any Komshi Content you may use or rely upon.

For your convenience, the Portal may contain information and materials from third parties and links to third party Portals ("Third Party Content"). Third Party Content is not under the control of Komshi and Komshi is not responsible for Third Party Content or any changes or updates to Third Party Content. Komshi provides Third Party Content to you only as a convenience and the inclusion of Third Party Content does not imply endorsement by Komshi of the Third Party Content or of the third party. You may be subject to additional or different terms, conditions, and privacy policies when you use Third Party Content.

The Portal may include listings of goods and services available from your neighbors or from other third parties. Komshi does not review or verify the information or representations in those listings. Komshi makes no guarantees or representations regarding the accuracy of those listings and Komshi does not endorse or recommend the goods or services of any third party. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a listing third party, and Komshi does not guarantee or warrant the performance of any such listing third party. YOU HEREBY AGREE TO RELEASE Komshi AND ITS LICENSORS AND SUPPLIERS FROM ANY DAMAGES OR CLAIMS (INCLUDING WITHOUT LIMITATION CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED OR UNSUSPECTED, KNOWN OR UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DEALINGS WITH ANY LISTING THIRD PARTY.

The Portal may include a service whereby you and third parties can post comments or otherwise communicate with your community association representatives, your neighbors or other third parties. You acknowledge that Komshi is acting as a passive conduit for the transmission of such posts and communications and you hereby grant Komshi permission to disclose any or all of the information that you provide to Komshi when using this Portal. Komshi is under no obligation to monitor, pre-screen, or otherwise censor posts or other communications. Komshi does not guarantee the appropriateness, accuracy, sufficiency, correctness, veracity, completeness or timeliness of posts or other communications. You are responsible for confirming the sufficiency and reliability of any posts or other communications you may use or rely upon. If you suspect that any of posts or communications infringes the copyright of any person or entity or contains objectionable content, please notify Komshi by contacting Komshi.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, MATERIALS AND SERVICES ON THE PORTAL (INCLUDING WITHOUT LIMITATION CONTENT ADDED BY Komshi, THIRD PARTY CONTENT, POSTS AND OTHER COMMUNICATIONS) IS AT YOUR SOLE RISK. SUCH INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Komshi MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION, MATERIALS OR SERVICES. Komshi EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Without limiting foregoing, Komshi specifically disclaims (a) any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, materials or services on the Portal; (b) any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any posts or other communications, information or materials; and (c) any responsibility for any harm resulting from downloading or accessing any communication, information or materials on the Portal or on the Internet through the Portal.

Limitation of Liability

IN NO EVENT SHALL Komshi, ITS LICENSORS, ITS LICENSEES OR SUPPLIERS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOSS OF DATA OR FOR LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON INFORMATION, MATERIALS, SERVICES, POSTS OR OTHER COMMUNICATIONS PROVIDED ON THE PORTAL OR ACCESSED THROUGH THE PORTAL, THE USE OR PERFORMANCE OF THE PORTAL OR THE DELAY OR INABILITY TO USE THE PORTAL, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Komshi OR ANY OF ITS LICENSORS, LICESEES, OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, EXPENSE OR DAMAGE AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PORTAL IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PORTAL, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PORTAL. Without limiting the foregoing, under no circumstances shall Komshi or its licensors, its licensees or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Content Provided By You

Komshi may require that you provide specific information about yourself in order for you to participate in certain services available on the Portal and may solicit your opinion about the Portal or other matters (the "Solicited Information"). Komshi is committed to maintaining the privacy and security of Solicited Information as provided in the Komshi Privacy Policy.

The Portal may include a service whereby you can list offers of goods or services being made available by you, post comments or otherwise communicate with your community association representatives, your neighbors or other third parties (“Your Communications”). Komshi is under no obligation to monitor, pre-screen, or otherwise censor Your Communications. Komshi is not responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness or timeliness of Your Communications. Always use caution when posting any personally identifying information about yourself or your children on the Portal. If you list goods or services available from you, it is entirely up to you to enter into a direct contract or otherwise reach agreement with any interested third party, and Komshi does not guarantee or warrant the performance of any such third party. YOU HEREBY AGREE TO RELEASE Komshi AND LICENSEES AND ITS LICENSORS AND SUPPLIERS FROM ANY DAMAGES OR CLAIMS (INCLUDING WITHOUT LIMITATION CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED OR UNSUSPECTED, KNOWN OR UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DEALINGS WITH ANY INTERESTED THIRD PARTY.

You agree that you will not use the Portal to: (a) post or transmit any content not related to appropriate subject matters; (b) post or transmit any content which is misleading to others; (c) post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable; (d) post or transmit any content that you do not have a right to post and transmit under any law or under contractual relationships; (e) post or transmit any content if doing so infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) post or transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (g) intentionally or unintentionally violate any applicable local, provincial, national or international law, or any regulations having the force of law.

By posting or transmitting Your Communication to the Portal, you grant Komshi a non-exclusive license to host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display Your Communication on and through the Portal and in Komshi’s advertising and promotional materials.

You acknowledge that, while Komshi does not pre-screen Your Communication, Komshi and its designees shall have the right (but not the obligation) in their sole discretion to refuse or to remove any content that is posted by you or any other party to the Portal. Komshi reserves the right to disclose any information about you or Your Communication to satisfy any applicable law, regulation, legal process or governmental request.

By posting or transmitting content to the Portal, you warrant and represent that you own or otherwise control all of the rights to such content including without limitation all the rights necessary for you to post or transmit such content.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Komshi AND ITS LICENSORS AND LICENSEES AND

SUPPLIERS, AND EACH OF THEIR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY AND ALL CLAIMS AND DEMANDS MADE BY ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES INCURRED TO DEFEND SUCH CLAIMS OR DEMANDS) (A) DUE TO OR ARISING OUT OF ANY INFORMATION OR MATERIALS SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU (INCLUDING WITHOUT LIMITATION SOLICITED INFORMATION AND YOUR COMMUNICATIONS) TO THE PORTAL, Komshi OR ITS LICENSORS OR SUPPLIERS; OR (B) DUE TO OR ARISING FROM YOUR USE OF THE PORTAL OR YOUR VIOLATION OF THESE TERMS OF USE, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

Miscellaneous


These Terms of Use will be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without giving effect to its conflict of laws provisions or your actual province or country of residence. You hereby consent to the exclusive jurisdiction and venue of the federal or provincial courts of Hamilton County, Alberta in all disputes arising out of or relating to the use of the Portal or these Terms of Use. Use of the Portal is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use including without limitation this paragraph. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Portal or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Komshi as a result of these Terms of Use or your use of the Portal. Komshi’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Komshi’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Portal or information provided to or gathered by Komshi with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

These Terms of Use constitute the entire agreement between you and Komshi with respect to the Portal and these Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Komshi or its licensors or its licensee or suppliers with respect to the Portal. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use. These Terms of Use will inure to the benefit of Komshi’s successors, assigns and licensees. The failure of Komshi to exercise or enforce any right or provision of these Terms or Use does not constitute a waiver of such right or provision. Headings are included for convenience only and have no legal or contractual effect.

All information, materials and services provided on the Portal and the organization and layout of the Portal are owned and copyrighted or licensed by Komshi or its licensors or suppliers. No reproduction, distribution, or transmission of copyrighted materials on the Portal is permitted without the express written permission of Komshi in each instance. Any rights not expressly granted herein are reserved.

Infringement should be sent to notice@komshi.ca

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