1. INCORPORATED POLICIES OR TERMS
2. MEMBERSHIP ACCOUNT OBLIGATIONS
3. OWNERSHIP OF TECHNOLOGY
TRADECOMPETE has developed the site to provide (a) customers with on-line quotes for various categories of service providers and (b) service providers with leads and opportunities within their area of expertise (the “Technology”). You acknowledge that TRADECOMPETE owns all right, title and interest in and to the Technology that enables you to use this Site as a comprehensive on-line destination for one-stop shopping for more than 160 types of service providers in different industries. All content included on this Site is the property of TRADECOMPETE, and/or its various third party providers and distributors and is protected under the intellectual property 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 TRADECOMPETE and/or its third party
providers and distributors. [NOTE – PLEASE CONFIRM THAT THE NUMBER OF SERVCICE PROVIDERS IS ACCURATE]
All copyrighted and copyrightable materials on this Site, including, without limitation, the TRADECOMPETE logo, design, text, graphics, pictures, and other files, and the selection and arrangement (“Materials) thereof are the property of TRADECOMPETE, ALL RIGHTS RESERVED Copyright © 2011 TRADECOMPETE, Inc. and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of TRADECOMPETE or the respective copyright owner.
5. TRADEMARKS AND SERVICE MARKS
TRADECOMPETE, the TRADECOMPETE logo, and the products and services described in this Site, including without limitation, “TRADECOMPETE” and “TradeCompete WORKS FOR YOU” are either trademarks, service marks or registered trademarks of TRADECOMPETE and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TRADECOMPETE or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of TRADECOMPETE, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TRADECOMPETE. All other trademarks, registered trademarks, product names and TRADECOMPETE names or logos mentioned herein are the
property of their respective owners. [NOTE – INCLUDE ANY OTHER REGISTERED OR UNREGISTERED TRADEMARKS.]
6. USE OF SITETRADECOMPETE grants you a limited license to use this Site, including the Technology, to (a) if a customer, make legitimate quote requests for services for various categories of service providers and (b) if a service provider, to view and have access to project leads and opportunities within your area of expertise, and you shall not use this Site and/or the Technology for any other purposes, including without limitation, to make any speculative, false or fraudulent quote requests. Such grant does not include, without limitation: (a) any resale or commercial use of the Site and/or the Technology or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and/or the Technology and its contents; or (d) use of any data mining, robots, or similar data g athering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of TRADECOMPETE or any third party.
This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of TRADECOMPETE, except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that, you may not, without the permission of TRADECOMPETE or the respective copyright owner, (a) copy, publish, or post any materials on any web site, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.
You may not use, frame or utilize framing techniques to enclose any TRADECOMPETE trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without TRADECOMPETE’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing an TRADECOMPETE name, trademark, or product name without TRADECOMPETE’s express written consent.
7. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.
9. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE,THE MATERIALS THEREIN AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKKNOWLEDGE THAT YOU HAVE BEEN ADVISED TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. TRADECOMPETE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE TRADECOMPETE SITE, ITS OPERATION, CONTENTS, INFORMATION, SERVICES, PRODUCTS, MATERIALS OR YEAR 2011 COMPLIANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING:
TRADECOMPETE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON OR DELIVERED THROUGH THIS SITE, TITLE AND NON-INFRINGEMENT]) THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
10. LIMITATION OF LIABILITY
YOU AGREE THAT TRADECOMPETE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRADECOMPETE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
This Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by TRADECOMPETE of the linked web site or information contained therein. TRADECOMPETE shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
The relationship between TRADECOMPETE and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or use of this Site.
14. GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouv er, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of this Site and this Agreement.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
18. ENTIRE AGREEMENT