This is the law firm that we contract our services from. * For ease of use, www.marketmycompany.com will be referred to as "mmc"
WE THANK YOU FOR YOUR INTEREST IN THE MARKETMYCOMPANY.COM WEBSITE. PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE MMC SITE. BY USING THE MMC SITE, YOU AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE MMC SITE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING ON THE MMC SITE. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OF THE MMC SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.
1.1 The MMC Site and all content provided on the MMC Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by MMC, a division of allaboutwebsites.com inc., (“MMC”) and/or its affiliates and related companies. Nothing contained on the MMC Site should be considered as granting, by implication, estoppel, or otherwise, any licence or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying MMC and/or its affiliates and related companies or their respective products and services displayed on the MMC Site, without the express written consent of MMC or such third party that may own such trade-marks, logos and other names displayed on the MMC Site.
2.1 No information or material from the MMC Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials on any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on the MMC Site and any content accessed through the MMC Site. You are hereby advised that MMC will aggressively enforce its intellectual property rights to the fullest extent permitted by law.
2.2 You will use the MMC Site and any content, material, or information found on the MMC Site solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the MMC Site any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the MMC Site. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through the MMC Site.
2.3 MMC has no obligation to, and does not and cannot review, every item of material or information that you and users other than yourself make available through the MMC Site, and MMC is not responsible for any of this material or information. However, MMC reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Without limiting the generality of the foregoing, MMC reserves the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or the sending of numerous copies of the same or substantially similar messages or very large messages to a recipient.
2.4 You hereby grant to MMC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and sub-licence any and all material or information submitted by you to the MMC Site and/or to incorporate it in other works regardless of form, medium or technology.
3.1 The information contained on the MMC Site is for informational purposes only and it is not intended to meet any particular user’s need. Documents provided on the MMC Site are provided as a service only, and do not constitute official versions of such documents. The MMC Site, and all content, material, information or postings found on or accessed through the MMC Site, are provided on an "AS IS" basis. MMC, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the MMC Site or the content contained in or accessed through the MMC Site. Neither MMC nor its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of the MMC Site or the content contained in or accessed through the MMC Site, including, but not limited to, the contents of any content, information, material, or posting found on the MMC Site (including, but not limited to, any product descriptions, press releases or financial information), any services provided through the MMC Site, or any links to other sites made available on the MMC Site or the content contained on such site(s), or as to the continuous or error free use and operation of the Internet or the MMC Site. Neither MMC, its affiliates and related companies, nor each of their respective directors, officers, employees, consultants or agents makes any representations or warranties that the MMC Site or access to and use of the MMC Site will be uninterrupted, error free, or free from defects, viruses or other harmful components. You expressly agree that use of the MMC Site is at your sole risk.
3.2 Information provided on the MMC Site may contain references or cross references to MMC, its affiliates and related companies’ products and services that are not available in your local area and MMC, its affiliates and related companies makes no representations or warranties as to the availability of such products and services in your local area and such references do not imply that MMC, its affiliates and related companies intend to provide such products or services in your local area. MMC recommends that you consult with your nearest MMC site for information regarding the products and services which may be available to you in your local area. Web sites accessed through links or other means from the MMC Site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any information, material, content or links on the MMC Site should not be construed as an express nor an implied endorsement of any third party products or services.
3.3 Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach shall MMC or its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from the use of, or the inability to use, any content, information, material, or postings on the MMC Site, directly or indirectly, or the transmission of confidential or sensitive information over the Internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither MMC, its affiliates and related companies, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive or illegal conduct of any user, including you.
4.2 You understand and agree that MMC cannot ensure or guarantee the privacy of your communications on the MMC Site and that any use of the MMC Site shall be at your sole risk. Any unprotected communication over the Internet is, as with communication by any other medium (such as cellular phones and post office mail), subject to possible interruption or loss, and is also subject to possible alteration. You agree that under no circumstances shall MMC, its affiliates and related companies, and their respective directors, officers, employees, consultants and agents, be held responsible or liable for situations where the data stored or communicated through the MMC Site are accessed by third parties through illegal or illicit means, including situations where such data are accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to MMC at the time) which may exist in MMC’ network.
5.1 To the maximum extent permitted by applicable law, you shall defend, indemnify and hold harmless MMC, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of these Terms and Conditions; or (ii) your use of the MMC Site, the content contained in the MMC Site and the placement or transmission of any information or other materials on the MMC Site made by you or others using your account. You agree to promptly notify MMC immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. MMC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to co-operate as fully as reasonably required in the defence of any claim.
6.1 If you are dissatisfied with the MMC Site or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the MMC Site. In such an event, you agree to destroy all materials obtained by you on the MMC Site and all copies thereof. These Terms and Conditions shall survive any such termination.
7.1 any disputes arising hereunder shall be governed exclusively by the laws of the province of ontario, canada and the federal laws of canada applicable in that province, without giving effect to their conflict of laws principles. you expressly consent to the exclusive forum, jurisdiction, and venue of the courts of ontario and/or the federal court of canada in ontario, or any other judicial district or jurisdiction as mmc may determine in any and all actions, disputes, or controversies relating hereto. these terms and conditions and any rules, policies, guidelines or other agreements posted on the mmc site by mmc constitute the entire agreement between mmc and you with respect to the subject matter hereof. any products or services that you purchase through the mmc site shall be subject to all terms and conditions relating to such purchase provided to you from time to time including, without limitation, all terms and conditions posted on the mmc site and all terms and conditions delivered to you (in any manner or form) in connection with any products or services purchased through the mmc site. no waiver by either mmc or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. if any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. the parties have required that these terms and conditions, and all documents relating thereto, be drawn up in english. les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Our Site’s registration forms require users to give us a unique username and password. To post a message to allaboutwebsites.com inc. using an e-form, an e-mail address is also required.
Our online surveys may ask visitors for such information as contact information (like their e-mail address), financial information (like their investment portfolio holdings), and demographic information (like their postal code, age or income level). We may use contact data from our surveys to send information about our company and promotional material from some of our partners or advertisers. The customer’s contact information may also be used to contact the visitor when necessary and may be shared with other affiliated companies within the MMC group of companies who may want to contact our visitors. Only allaboutwebsites.com inc. or affiliated companies within the MMC group of companies have access to your personal information. Users may opt-out of receiving future e-mail communications. Please see the choice/opt-out section below.
Demographic and profile data is also collected at our Site. We use this data to tailor our visitors’ experience at our Site and display the content according to their preferences. This information is shared with advertisers on an aggregate basis only.
We run contests on our Site in which we ask visitors for contact information (like their e-mail address), financial information (like investment portfolio holdings), and demographic information (like their postal code, age, or income level). We may use contact data from our contests to send users information about our company, and promotional material from some of our partners. The customer’s contact information is also used to contact the visitor when necessary and may be shared with other companies or affiliated companies within the MMC group of companies who may want to contact our visitors. Only allaboutwebsites.com inc. or affiliated companies within the MMC group of companies have access to your personal information. Users may opt-out of receiving future e-mail communications; see the choice/opt-out section below.
The Site may make chat rooms, forums, message boards and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
The Site has reasonable security measures in place to protect against the loss, misuse and interception of information by third parties. allaboutwebsites.com inc. or any of its affiliated companies within the MMC group of companies assumes no liability for interception, alteration or misuse of information transmitted over the Internet.
allaboutwebsites.com inc. is not marketed or directed towards children. Nevertheless, it is possible for children to publicly post or distribute personally identifiable contact information without prior parental consent within chat rooms, forums, message boards, and/or news groups. No communication, however, will be sent to anyone or information collected from anyone who indicates that they are younger than 16 years old without their parents’ permission.
In the Registration process where we request information about the visitor, our Site provides users the opportunity to opt-out of receiving e-mail or other forms of communications from us, our affiliated companies and our trading partners.
600 Grandview Street South
MMC, A DIVISION OF allaboutwebsites.com inc.
WEB SITE SALES AGREEMENT
Thank you for your interest in www.marketmycompany.com. This web site sales agreement (“Agreement”) sets out the terms and conditions applicable to your online purchase of our products offered on the MMC Site (collectively, the “Products”). In this Agreement, “we”, “us” or “our” means MMC, a division of allaboutwebsites.com inc.
BY MAKING ONLINE PURCHASES OF PRODUCTS THROUGH THE MMC SITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY, ALL OF THE TERMS AND CONDITIONS SET OUT BELOW AND ELSEWHERE ON THE MMC SITE, INCLUDING, WITHOUT LIMITATION, THOSE WITH RESPECT TO THE PRICE OF PRODUCTS. IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY RULES, POLICIES, GUIDELINES, OR OTHER AGREEMENTS POSTED ELSEWHERE ON THE MMC SITE, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL GOVERN AND CONTROL.
1 Purchase of Products. The Products offered through the MMC Site are available for purchase by you, subject to certain supply and quantity restrictions and provided that you complete the electronic purchase order form contained on the MMC Site and it is accepted by us. We reserve the right to limit quantities sold and to reject, correct, cancel or terminate any orders. Products may be purchased only for end use and you agree not to resell any of the Products you purchase through the MMC Site. You agree to enter all the contract information required in the electronic purchase order and to provide all the credit card information required to complete the transaction of paying for your Products. YOU REPRESENT AND WARRANT THAT ALL INFORMATION YOU PROVIDE IN THE ORDER FORM, OR OTHERWISE THROUGH THE MMC SITE, SHALL BE ACCURATE AND COMPLETE.
2. Customer Eligibility and Responsibility.
(a) The Products on the MMC Site are available for purchase only by persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products sold by us are not available for purchase by persons less than 18 years old. If you do not qualify, please do not order any Products through the MMC Site. [However, if you are not yet 18 years old, you may still use the MMC Site, and you may purchase Products advertised on the MMC Site provided the account was registered by your parent(s) or guardian(s). You are responsible for all activity on your account, including all purchases made by you or anyone you allow to use your account, including your children, other members of your family or friends. This means that, unless your account or credit information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account.]
(b) If you use a credit card for purchases of Products through the MMC Site, you hereby certify to us that you are at least 18 years of age and that you are the cardholder of the credit card, or that you are expressly authorized by the cardholder to purchase Products through the MMC Site.
(c) You agree that by making purchases of Products through the MMC Site you agree to each of the terms and conditions of this Agreement and you agree to be bound by this Agreement. You further represent and warrant that you are at least 18 years of age and have the legal capacity to agree to and enter into this Agreement on behalf of yourself and any party you purport to represent.
3. Ordering Process. The advertisements on the MMC Site are invitations for purchase orders only, and are not offers to sell. Your properly completed and submitted order form constitutes your offer to purchase the Products listed on your order. When you submit your order, we automatically verify your credit card number, your address and billing information. If we reject your order for whatever reason, we shall send you an e-mail indicating that there has been an error and that you should try to re-enter the correct information and re-submit your order. If your order is accepted, we shall send you an e-mail confirming that we have received and accepted your order and that it shall be processed. When the item is shipped or processed, we shall send to you a second e-mail with the shipping tracking number (if available and applicable) and a confirmation of all the Products that have been shipped or processed. It is possible to have the Products shipped separately. In that case, we shall send you several e-mails. Title to the Products shall pass to you upon purchase and payment in full.
4.Shipment. Products shall be shipped to you in accordance with our Shipping Policy found on the MMC Site.
5. Price. All price quotes for Products offered for sale on the MMC Site are in Canadian dollars and exclude all taxes, shipping and handling charges. You agree that any sales, use or other similar type of tax imposed on the sale of any Products purchased by you are not included in the price and you agree to pay all such taxes applicable to such sale. You further agree to pay for all shipping and handling charges required to ship the products and/or services to your desired destination. The type of shipping and prices are more particularly set out in the electronic purchase order and in our Shipping Policy. All prices are subject to change without notice to you.
6. Payments. Products purchased on the MMC Site shall only be made by you by credit card, and you shall pay for the Products in accordance with the billing policy of your credit card company. You authorize us to charge your purchases to the credit card number that you provide when you purchase the Products.
7. Acceptance, Cancellation and Returns. By accepting delivery of the Products, you acknowledge that the Products have been delivered in acceptable condition. You must immediately notify us if the Products are damaged during shipment and you should not accept delivery of damaged Products. If you wrongfully reject the acceptance of Products purchased through the MMC Site or wrongfully dispute payment for Products with your credit card company, we shall have a right to recover as damages the full price of the Products. You may return your Products within 30 days from the date of shipment for any reason whatsoever for refund of the original price for the Products, excluding shipping and handling costs incurred in connection therewith. All Products to be returned must be returned in original condition, in the original packaging and unused. We have no obligation to refund the original price of such Products unless returned in accordance with this Agreement and our Return Policy. Wereserve the right to charge a restocking fee of 15% of the entire order, or any returned portion thereof, if the Products are returned other than in accordance with this Agreement and our Return Policy. You are responsible for all shipping charges and the full risk of loss and damage until the returned Products are received by us at the destination of original shipment.
(a) you or your agent;
(b) an agent retained by us to collect outstanding balances owed to us by you, or to perform other administrative functions for us, provided that the information is released solely for those purposes;
(c) our agents, dealers, or related companies;
(d) a law enforcement agency whenever we have reasonable grounds to believe that you have knowingly supplied us with false or misleading information or are otherwise involved in unlawful activities directed against us; or
10.Indemnification. To the maximum extent permitted by law you shall defend and indemnify us and our affiliates, agents, successors and assigns from any claims, damages, losses or expenses (including without limitation reasonable legal fees and costs) incurred by any such parties in connection with all claims, suits, judgments, and causes of action for any breach of this Agreement or for your misuse of the MMC Site, the content contained in the MMC Site or the placement or transmission of any information or other materials on the MMC Site made by you or others using your account. We reserve the right, in our sole discretion and at our expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to co-operate as fully as reasonably required in the defence of any claim.
11. Termination. We may terminate this Agreement and your use of the MMC Site at any time. We shall have the right immediately to terminate your use of the MMC Site in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.
12.Liability.we and our directors, officers, consultants and agents shall not be liable to you, any user or any other person for any damage or loss including, without limitation, property damage, loss of data, losses resulting from a third party's unauthorized access to data, loss of business, personal injury or loss of life resulting directly or indirectly from the use of any of the products, whether or not such damages or loss, property damage, injury or loss of life results from a breach of obligation or contract (whether or not such breach is considered to be fundamental), or from negligent or tortious conduct by us or our directors, officers, employees, agents, subcontractors, dealers, suppliers or manufacturers. furthermore, in no event shall we or our directors, officers, employees, consultants or agents be liable to you or any third party for: (i) any special, indirect, incidental, consequential or other damages whatsoever or howsoever caused; or (ii) the accuracy, timeliness or continued availability of the products.
13.limited warranty. you acknowledge and agree that the only warranty applicable to any products purchased pursuant to these terms and conditions is the limited warranty supplied by the manufacturer of the products or services. we provide the products or services sold through the mmc site and all content, material, information or posting found on or accessed through the mmc site on an “as is” basis. you acknowledge and agree that we, our affiliates, and related companies, and each of our and their respective directors, officers, employees, consultants and agents make, and you receive, no representations or warranties whatsoever, express or implied, including, but not limited to, warranties of merchantable quality, fitness for a particular purpose, infringement, or those arising from a course of dealing or usage of trade, with respect to the products.
14.Information on the MMC Site. Information provided on the MMC Site contains information, references and/or cross references to us and our related companies’ products and/or services that may not be available in your local area and we and our related companies make no representations or warranties as to the availability of such products and/or services in your local area and such references do not imply that we and our related companies intend to provide such products and/or services in your local area. We recommend that you contact our business office for information regarding the products and/or services which may be available to you in your local area. Websites accessed via links or other means from the MMC Site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any information, material, content or links on the MMC Site should not be construed as an express or an implied endorsement of any third party products and/or services.
15.Arbitration. Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise and whether pre-existing, present or future) arising out of or relating to:
(a) the terms and conditions of this Agreement;
(b)a Product and/or Services
(c)oral or written statements, or advertisements or promotions relating to this Agreement or to a Product; or
(d) the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement);
(each, a “Claim”), shall be referred to and determined by arbitration (to the exclusion of the courts). By so agreeing, you waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you hereby agree to opt out of any class proceeding against us otherwise commenced.
If you have a Claim you shall give notice to arbitrate to us, c/o MMC, a division of AAWS.COM, 600 Grandview Street South, Oshawa On, L1H 8P4, attention Vice-President and General Counsel. If we have a Claim against you, we shall give you notice to arbitrate at the address you provided to us on your purchase orders. Arbitration of Claims shall be conducted in such forum and pursuant to such rules as you and we agree upon, and failing agreement shall be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the province of Ontario that are in effect on the date of the notice to arbitrate.
(a)Entire Agreement. This Agreement, including all purchase orders and policies set out on the MMC Site, constitutes the entire understanding between the parties with respect to the subject matter hereof and there are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, expressed or implied, affecting this Agreement which are not expressly set forth herein.
(b)Governing Law. This Agreement shall be exclusively governed by and construed in accordance with the laws applicable in the Province of Ontario (without reference to conflicts of laws principles). The parties agree that the United Nations Convention on Contracts for the International Sales of Goods shall not apply to this Agreement.
(c)Waiver of Default. Waiver by either party of any default by the other party shall not be deemed a continuing waiver of such default or a waiver of any other default.
(d)Survival. The terms and conditions that, by their sense and context, are intended to survive the performance hereof by either or both parties hereunder shall so survive the completion of performance, cancellation or termination of this Agreement.
(e)Severability. If any provision of this Agreement is or becomes illegal, invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain valid and enforceable.
(f) Language. The parties have required that this Agreement and all documents or notices resulting therefrom or ancillary thereto be drawn up in the English language. Les parties aux présentes ont demandé que ce contrat et tous les documents ou avis en résultant ou y étant assujettis soient rédigés en langue anglaise.
IF YOU DO NOT AGREE WITH EACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR YOU ARE NOT AUTHORIZED TO AGREE TO AND ACCEPT THIS AGREEMENT, OR YOU ARE NOT AT LEAST 18 YEARS OF AGE, YOU MAY NOT MAKE PURCHASES THROUGH THE MMC SITE.
allaboutwebsites.com inc. Security Policy
MMC, a division of allaboutwebsites.com inc., develops and operates the MMC Web site.
Peace of Mind when shopping at the Site
When you provide us with any personal information - your name, address, e-mail and credit card number - it's done on a secure server. In addition, the Site uses "Secure Site" certificates service to authenticate the identity of the Site’s server. Accordingly, using the SSL (Secure Sockets Layer) protocol, the "Secure Site" certificate enables a "secure pipe" between your browser and the Site’s server for the duration of your login session, which provides confidentiality and assurance that your identity has not changed since the login beginning the session. This helps to ensure that sensitive data transmitted between the Site and your browser is secure.
Unauthorized Use of your Credit Card - Our Policy
Most financial institutions or credit card providers either cover all charges resulting from unauthorized use of your credit card or limit your liability to $50 Cdn. allaboutwebsites.com inc. operates under a policy that if your credit card transaction was made fraudulently or with a stolen credit card, then we will reverse the transaction or reimburse you for Site transactions that you have made using your card, provided the unauthorized use of your credit card did not result from your own intentional or negligent act or omission and such transactions were purchases made at the Site.
In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.