Website Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

Your use of www.411smartsearch.com (hereinafter the “Site”)is expressly conditioned on your acceptance without modification of the following terms and conditions (the “Terms and Conditions”). By using www.411smartsearch.com, you signify your acceptance of these Terms and Conditions.

This Website and its content is supplied by 4019814 Canada Limited (hereinafter the “Company”) and its partners & affiliates. The Company may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the Site. Your continued use of the Site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.

Personal Use Only

Neither the Site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of the Company, except that you may download, display and print the content presented on the Site for your personal, non-commercial use only. Unauthorized use of the Site and/or the content contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on the Site. The use of such content on any other web site or in any environment of networked computers is prohibited.

You are prohibited from contributing, posting or transmitting to this Site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
The Company does not endorse any submission or any opinion, recommendation or advice that you may submit on or through the Site and the Company expressly disclaims any and all liability in connection with your submissions to the Site.
The Company reserves the right to remove any information that you post, upload, publish, transmit, distribute or otherwise use on the Site, in whole or in part, at any time, at its sole discretion and without prior notice.In its sole discretion, in addition to any other rights or remedies available to the Company and without any liability whatsoever, the Company at any time and without notice may terminate or restrict your access to any component of the Site.
All content included in the Site, without limitation, including but not limited to software and links to external websites (the “Content”), is provided for informational purposes only.

Disclaimer of Warranty

The Company endeavours to make the Content on the Siteaccurate and reliable. However, the Site and the Content are provided to you on an “as is” and “as available” basis and without warranty or condition of any kind, whether express or implied. The Company does not control Content posted by users to the Site and makes no representation or warranty whatsoever regarding the accuracy or completeness of any data or information accessible on or through the Site.
Furthermore, to the fullest extent permissible pursuant to the law, the Company, its respective affiliates, and their respective officers, directors, employees, affiliates, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, freedom from computer viruses, warranties arising from course of dealing or course of performance, merchantable quality and fitness for a particular purpose. The Company expressly disclaims any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the services and other capabilities offered from the Site will be uninterrupted, or that its content will be accurate, complete, adequate or timely. Any material downloaded is at your own 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.
The use of any information provided on this site is solely at your own risk.

Disclaimer of Liability

Without limiting the foregoing, the Company expressly excludes (and you hereby release the Company from) any liability for any of the following:
– fraud by any user of the Site;
– any misrepresentation by a third party (whether innocent or fraudulent) made in respect of the Site and/or the content therein;
– any failure by the Company to ensure that they do not breach any copyright or other intellectual property right of any third party;
– any link on the Site to any other site; and
– loss or damage caused by delay or errors in, or the downtime of, the Site (or servers) or resulting from interruption, termination, or failed operation of the Internet or a third-party telecommunication service, even in the event that the Companyhas been advised of the possibility of such loss or damage.
In no event shall the Company or its affiliates, licensors, suppliers, advertisers, agents or sponsors, be responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory, arising out of or in connection with the use or performance of the Sites or any other site you or users of your account may access while using the Site or your use or the use by users of your account of the Content, even if advised of the possibility of such damages.

Third Party Relationships

You are solely responsible for all correspondence or business dealings with any third parties including merchants, sellers, buyers or advertisers found on, or through, the Site, and the Companyhas no control over the quality, legality or inappropriate nature of the Content advertised, the truth or accuracy of any representations made by sellers, the ability of sellers to sell and the ability of buyers to purchase. The Companyis not responsible for any loss or damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not the Company, are responsible for compliance with all laws applicable in any such transaction.

Indemnification

You acknowledge and expressly agree that use of the Site is at your sole and own risk. You agree to defend, indemnify and hold the Company and their affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms of Use by you or users of your account, or in any way arising out of the use of the Site, including without limitation, the placement or transmission of any information or other materials on the Site by you or users of your account.

License

By posting, uploading or submitting any information, material or content to the Site, you automatically grant (or warrant that the owner of the rights to such material or content has expressly granted you the rights to grant) the Company a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, royalty-free right to use, reproduce, modify, adapt, improve, create derivative works from, publish, remove, retain, add, process, analyze, translate, license, transmit, distribute and otherwise exploit any or all portions of such information, material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all moral rights in any such information, material or content posted, uploaded or submitted by you.

Hyperlinking

You may create a link (the “Hyperlink”) to the Site provided that:
– you do not replicate any of the Content of the Site;
– you do not create a frame or any other bordered environment around the Site or the Content contained in the Site;
– the Hyperlink shall not imply any endorsement of any products, goods or services; and
– the website linking to the Site does not contain any information, content or material that would interfere with the operation of the Site nor which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws.
The Company may withdraw your right to hyperlink to the Site at any time in their sole discretion.

Third Party Links

Links available on the Site will allow you to link to websites or resources not maintained or controlled by the Company. The Company provides these links for your convenience only and make no endorsements, warranties or representations of any kind whatsoever regarding those other websites and expressly disclaim all responsibility for content on third party websites. The Companyhas neither reviewed nor approved any content that appears on such other websites. Please be aware that you link to these third party websites at your own risk. You acknowledge and agree that the Company shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

Copyright and Trademarks

The Site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of the Company, and/or its various subsidiaries, affiliates, third party providers and advertisers (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on this Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of the Company and/or the applicable Third Parties.

www.411smartsearch.com and relatedtrademarks and design marks displayed on the Site (collectively, the “Trademarks”) are registered and common law trademarks of the Company. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of the Company or such other party that may own the applicable trademarks.

User Accounts

In order to access certain parts of the Sites, you may have to register as a user with the Company. During registration for a user account (“Account”), a password and account name will be attributed to you. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) log out from your account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with this section.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of Québec and the federal laws of Canada, subject to the exclusive jurisdiction of the courts of the Province of Quebec, Judicial District of Montreal. The parties have required that these Terms of Use and all related documents be drawn up in English. Les parties ont demandé que cest ermeset conditions ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

General

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Any service order or transaction performed on or through the Site may be subject to additional terms and conditions or terms of sale. The Terms of Use of the Site and all other documents referenced herein constitute the entire agreement between the Company and you with respect to your use of the Site or the use by users of your account. The Company’s failure to insist upon, or enforce strict performance, of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any terms in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.

Updated on August 18, 2016.