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Terms of Use

March 10th, 2010

Important Notice

Below are the “Terms of Use” of Lawntrepreneur.com (”LTP”) under which you may access and use the www.lawntrepreneur.com website (the “Website”) and the information services for lawyers and entrepreneurs offered through it (”Services”). If you do not agree to these Terms of Use You must not use the Services and must leave the Website. By using the Website or the Services you are agreeing to be bound by these Terms of Use, as well as LTP’s Privacy Policy. LTP may revise these Terms of Use at any time by updating this posting. You should review these Terms of Use periodically to determine whether any revisions may affect Your use. By continuing to use the Services or accessing the Website following any such revision, you accept and agree to be bound by all changes. The terms “You” and “Your” refer to all individuals and/or entities accessing this web site for any reason. These Terms of Use supersede any prior advertisements, terms, agreements or communications between You and LTP and constitutes the entire agreement between LTP and You in respect of its subject matter. The Terms of Use contain limitations of LTP’s liability and exclusions of warranties. No proposed variation, amendment or changes to these Terms of Use are valid or have any effect, unless made by LTP and posted to the Website in this section.

Website Use:

This Website may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. You must ensure that Your use of the Website and/ or the Services is consistent with all applicable laws and regulations.

Prohibited Uses:

By accessing and using the Website and the Services, You agree not to:      

  • resell, transfer or provide to any other person the Website or Services or use of or access to the Website or Services;
  • post any incomplete, false or inaccurate information;
  • Delete or revise any material posted by any other person or entity;
  • Take any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
  • Disclose or share your passwords or user IDs with any third parties or allow them to use your passwords, user IDs or accounts for any unauthorized purpose;
  • Attempt to use any engine, software, tool, agent or other device or mechanism to navigate or search the Website other than the search engine and search agents available from LTP on the Website and other than generally available third party web browsers
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of this Website.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the code or software comprising or in any way making up a part of the Website.
  • Aggregate, copy or duplicate in any manner any of the content or information available from the Website.
  • Frame or link to any of the content or information available from the Website.
  • Post material that is copyrighted or reveals trade secrets, unless You are the copyright or trade secret owner or have permission from the copyright or trade secret owner to post it;
  • Post or transmit material that contains viruses, Trojan horses, worms, data bombs, logic bombs or other computer programming routines, engines or components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
  • Affect, restrict, limit, inhibit any other person from using the Services or Website;
  • Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, derogatory or otherwise objectionable information of any kind, or information that violates the privacy, publicity, personal or intellectual property rights of others including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, violate any applicable law or regulation, or damage the goodwill and repute of LTP;
  • Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or commercial schemes of any kind or other unsolicited commercial communication, or engage in “spamming”;
  • Violate or attempt to violate the security of the Website, including, but not limited to: (i) accessing data not intended for You or logging into a server or account which You are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, via means of submitting a virus to the Website, overloading, flooding, spamming or crashing or any similar introduction of code; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
  • Copy, modify, license, create derivative works from, transfer, post, publish, transmit, reproduce, distribute or in any way exploit: (i) any information, software or other material obtained through the Website or the Services for commercial purposes (other than as expressly permitted by these Terms of Use); (ii) any information, software or other material obtained through the Services which is protected by copyright or any intellectual property rights or other rights anywhere in the world, or any derivative works with respect to such works in each case except if expressly permitted by these Terms of Use or the copyright owner or rights holder.

Website Content:

The contents of the Website, including but not limited to text, graphics, images, logos, button icons, software and other materials are property of LTP or its suppliers, account holders or clients and may be protected under both Canadian and foreign copyright, trademark and other laws. The collection, arrangement, assembly, display and appearance of all content on the Website is the exclusive property of LTP and is protected by Canadian and international copyright laws. Unauthorized use of the website content may violate copyright, trademark, and other laws. You agree to retain all original copyright, trademark, service-mark and other proprietary notices on any copy you make of the website content. You may not sell or modify the contents of the Website or reproduce, display, publicly perform, distribute, or otherwise use the contents of the Website on any other website or in any way for any public or commercial purpose. You may not copy or adapt the code that LTP creates to generate its pages. These Terms of Use authorize You to view and download a single copy of the content on the Website solely for your personal, non-commercial use.

The content presented at this Website may vary depending upon your browser functionality and limitations. LTP accepts no liability if you cannot view, access or receive any part or component of the Website or the Services. LTP reserves the right to change any information on the Website or provided by the Services including but not limited to revising and/or deleting features or other information without prior notice. LTP reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Use.

The Website may contain hyperlinks or references to external third party web sites. Any such hyperlinks or reference is provided for your convenience only. LTP has no control over such third party web sites and accepts no responsibility in relation to any content, material or information contained therein. The display of such hyperlinks and reference to such third party websites do not constitute an endorsement or recommendation by LTP of such third party websites, products or services. You are advised to verify any information on such third party websites before relying on it.

LTP has the right (but not the obligation) to monitor the Services electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself, its group companies or its other subscribers. LTP will not intentionally monitor or disclose any private electronic-mail message unless required by law.

Submissions to the Web Site: 

You are responsible for Your own communications and for the consequences of their posting. LTP does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by Website users, nor does it endorse any opinions expressed by them. You acknowledge that you rely on any material posted by other users at your own risk.

LTP acts only as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance. LTP is not responsible for screening or monitoring material posted by users. LTP may investigate and determine in good faith, at its sole discretion, whether to remove or request the removal of a communication that does not conform, or is alleged not to conform, with these Terms of Use. LTP has no liability or responsibility to You for its performance or non-performance of such investigations or removal. LTP reserves the right to prevent Your further access to the Website and Services for violating the Terms of Use or the law and the right to remove communications which violate these Terms of Use. LTP may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for LTP or have any negative impact on LTP’s business.

By submitting content to any area of the Website, You grant LTP and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, if not You, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any other user to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.

User Information:

When You register for the Website, You will be asked to provide certain information including a valid email address (Your “Information”). In addition to the terms and conditions that may be set forth in any privacy policy on this Website, You understand and agree that LTP may disclose to third parties, on an anonymous basis, certain aggregate information contained in Your registration application. LTP will not disclose to any third party Your name, address, e-mail address or telephone number without Your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant, and to the extent You post such information for private or public viewing, ie. comment or article postings. LTP reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by LTP or by third parties. For more details on the use of Your information, please see our Privacy Policy.

LTP takes reasonable measures to ensure that Your personal information is disclosed only to those specified by you. However, the Internet is an open system and LTP cannot and does not guarantee that your personal information will not be intercepted by others and decrypted during transmission, or that LTP is able to prevent unauthorized hackers attacks or other unauthorized access to Your information.

If You wish to make purchases through the Website, You may be asked to supply certain information, including credit card or other payment mechanism information. You agree not to hold LTP liable for any loss or damage of any sort incurred as a result of any such dealings through the Website. You agree that all information you provide through the Website for purposes of making purchases will be accurate, complete and current. LTP may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Website.

Liability:

This Website acts only as a venue to provide third party and original information. LTP does not screen or censor the information and is not involved in the actual transaction between You and third parties. LTP therefore has no control over the quality, safety or legality of the information posted, the truth or accuracy of the information, the ability of third parties to offer information or services to You. You acknowledge that there are risks, including but not limited to the risk of physical harm, of dealing with strangers or people acting under false pretences. You assume all risks associated with dealing with third parties or other users with whom You come in contact through the Website. In the event that You have a dispute with one or more other Website users or third parties, You release LTP (and its agents and employees) from claims, demands and damages (contractual and non-contractual, actual and consequential, direct and indirect, punitive) 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.

LTP is under no legal obligation to, and generally does not, control the information provided by other users or third parties which is made available through the Website. Other user’s information may, by its nature, be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. It is expected that You use caution and common sense when using the Website.

LTP makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or its contents. You use the Website and the Services at your own risk. You are solely responsible for the form, content and accuracy of any information contained in material submitted by You to the Website. LTP is not responsible for any decisions made by any person or entity posting or responding to information on the Website.

LTP shall not be liable for any failure to perform any obligation caused by any event beyond its reasonable control, and shall not be held liable for any material available on the Website which is provided by or obtained from any third party.

Indemnity:

You agree to defend, indemnify, and hold harmless LTP, its affiliates, officers, directors, employees, representatives and agents, from and against any claims, costs, proceedings, loss, damage, liabilities, expenses, actions or demands, including without limitation reasonable legal and accounting fees, arising in any way from Your use of the Website, Website content or Services, third party content or services offered or displayed on the Website or Your breach of the Terms of Use by You or any users of your account. LTP may, at its sole discretion, assist You, at your expense, in defending any such claim, suit or proceeding.

No Warranties:

LTP DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE SERVICES RESULTS IN DAMAGE TO YOUR EQUIPMENT OR THE LOSS OR CORRUPTION OF DATA, LTP IS NOT RESPONSIBLE FOR SUCH DAMAGE OR FOR ANY ASSOCIATED COSTS.

THE WEBSITE, SERVICES & CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. LTP, TO THE EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. LTP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

To the maximum extent permitted by applicable law LTP disclaims and excludes all liability (whether arising in contract, tort (including negligence), breach or statutory duty or otherwise) arising from any inaccuracy, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record. Under no circumstances shall LTP be liable to You for any loss or damage suffered (both direct and indirect losses) arising from Your use of the Website and Services.

Disclaimer of Consequential Damages:

IN NO EVENT SHALL LTP, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER FOR BODILY, MORAL OR MATERIAL INJURY (INCLUDING, BUT NOT LIMITED TO, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LTP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum Liability:

In the event that LTP is found to be liable to You in any way, in law or in equity, you agree that LTP’s maximum aggregate liability to You for all claims arising from the use of the Website or Services is limited to $10 US.

Intellectual Property:

LTP and its licensors are the owners and/or authorized users of any trademarks, registered trademarks and/or service marks used or appearing within the Website, and are the copyrights and database rights owners of the content and/or information available on or downloaded through the Website. You may not download and/or save a copy of any of the screens or other information provided through the Website or Services for any purpose except as otherwise provided by express permission of LTP. LTP does not grant any license or other authorization to any website visitor or user, or other individual or entity, of its trademarks, registered trademarks, service marks, other copyright works or other intellectual property, by placing them on the Website.

Ownership:

LTP, the Website, and all related intellectual property is owned and operated by Intermedia Properties Inc. (”IPI”), a British Columbia corporation, and is the sole property of IPI.

Copyright Policy:

LTP respects the intellectual property of others, and we ask our users to do the same. LTP may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • a description of where the material that you claim is infringing is located on the site, including the URL;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send all Notice of claims of copyright infringement to LTP by email via the Contact Us section of the Website.

Restrictions & Termination:

If You breach any of these Terms of Use or if LTP is unable to verify or authenticate any information you submit to the Website, LTP may, in its sole discretion, pursue all of its legal or equitable remedies including, but not limited to, deletion of Your postings from this Website, immediate termination of your account or registration or ability to access the Website and/or the Services.

General:

The Terms of Use, Privacy Policy and the relationship between You and LTP are governed by the laws of the Province of British Columbia, Canada, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts having jurisdiction within the judicial district of Vancouver, British Columbia. If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, furthermore, the failure of LTP to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision Except as expressly provided in additional terms of use for areas of the Website, these Terms of Use constitute the entire agreement between you and LTP with respect to the use of the Website. No changes to these Terms of Use shall be made except by a revised posting on this page by LTP. Certain areas of this Website may be subject to additional terms of use. By using such areas, or any part thereof, You agree to be bound by the additional terms of use applicable to such areas.