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TERMS OF USE – LocalCounty.ca

 

This is a legal agreement (“Agreement”) between you and LocalCounty a business incorporated pursuant to the Business Corporations Act (Canada) (“LocalCounty”), which may be contacted by accessing the LocalCounty web site, currently located at http://www.LocalCounty.ca (the “Site”), and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.

 

LocalCounty is an online platform that: (a) connects businesses and or individuals making/growing products with buyers looking to purchase the products these businesses and or individuals are making/growing; (b) provides a platform for businesses and or individuals to advertise their products to prospective buyers of their products. LocalCounty may offer additional services or revise any of the Services, at its discretion and with or without notice, and this Agreement will apply to all additional services or revised Services. LocalCounty also reserves the right to cease offering any of the Services.

 

This Agreement is subject to change by LocalCounty in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.

 

1.  Eligibility.

2.  Use of Site and Service.

3.  Proprietary Rights.

4.  User Information.

5.  Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors.

6.  Disclaimer of Warranty.

7.   Limitation of Liability.

8.   Indemnification.

9.   Communication and Privacy.

10. Term and Termination.

11.  General Provisions.

12.  Revision Date.

 

1. Eligibility.

a. Minimum Age. You must be at least 18 years old (or the age of majority in your jurisdiction, if it is older) to register for the Services. By using the Service, you represent and warrant that you are at least 18 years old.

 

b. Criminal History. By requesting to use, registering to use, and/or using the Service, you represent and warrant that you have never been convicted of an indictable offence and are not required to register as a sex offender with any government entity. LOCALCOUNTY DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, LocalCounty reserves the right to conduct a criminal background check, at any time and using available public records, to confirm your compliance with this subsection.

 

c. LocalCounty reserves the right to restrict the types of products that get profiled on the localcounty.ca website. LocalCounty reserves the right to deny posting product information on the localcounty.ca website if, at LocalCounty's sole descression, does not align with the objective of this website. This may include but is not limited to offensive products, illegal products, etc

 

2. Use of Site and Service.

As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:

 

a. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that LocalCounty is not responsible for third party access to any accounts associated with this Service, which resulted from the sharing by you or the theft or misappropriation of your user names and passwords.

 

b. Geographic Limitations. The Site and Services are intended for use in Canada. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, provincial, territorial, federal, national and international laws and regulations. 

 

c. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services.

 

d. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others.  You understand that LocalCounty is unable to guarantee the accuracy of information provided to you by or about other Registered Users, and that LocalCounty is unable to confirm that any Registered User is who he or she claims to be.  LocalCounty does not warrant and is not responsible for ensuring that Registered Users or other users of the Services are in compliance with the Agreement. You agree to take all necessary precautions when communicating with or meeting individuals through any of the Services. In addition, you agree to review and follow the recommendations set forth in LocalCounty’s Safety Tips. You understand that LocalCounty makes no representations, warranties or conditions, whether express, implied or collateral, regarding successful and safe interaction with individuals you meet through the Service or as to the conduct of such individuals. You further understand that LocalCounty makes no representations, warranties or conditions, whether express, implied or collateral, as to the quality of products or services offered to you by Registered Users of LocalCounty.

 

e. Reporting of Violations. You will promptly report to LocalCounty (i) any violation of the Agreement by others, including but not limited to, Registered Users.

 

f. Content Removal. LocalCounty reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. LocalCounty will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law, either the letter or spirit of this Agreement, or upon the request of any third party.

 

g. Posting and Communication Restrictions. Postings on the LocalCounty site will follow any additional community guidelines that may apply to such content. In addition to the foregoing, you will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:

 

  • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;

  • is defamatory, inaccurate, abusive, obscene, profane, offensive, sexally explicit, obscene or otherwise objectionable;

  • contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;

  • contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

  • promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;

  • intended to defraud, swindle or deceive other users of the Services;

  • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;

  • promotes or solicits involvement in or support of a political platform, religion, cult or sect;

  • disseminates or otherwise discloses another person’s personal information without his or her prior permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;

  • is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;

  • impersonates, or otherwise misrepresents affiliation, connection or as sociation with, any person or entity;

  • solicits gambling or engages in any gambling or similar activity;

  • uses scripts, bots or other automated technology to access the Site or Services;

  • uses the Site or Services for chain letter, junk mail or spam e-mails;

  • collects or solicits personal information about anyone under 18 years of age (or the age of majority in your jurisdiction, if it is older); or

  • is in any way used for or in connection with spamming, spimming, phoshing, trolling, or similar activities.

 

h. No False Information. You will not provide inaccurate, misleading or false information to LocalCounty or to any other user. If information provided to LocalCounty or another user subsequently becomes inaccurate, misleading or false, you will promptly notify LocalCounty of such change.

 

i. No Advertising or Commercial Solicitation. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to LocalCounty, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay LocalCounty $50 (CAD) for each such unsolicited communication you send through the Services.

 

j. No Harassment of LocalCounty Employees or Agents. You will not harass, annoy, intimidate or threaten any LocalCounty employees or agents engaged in providing any portion of the Services to you.

 

3. Proprietary Rights.

 

a. Ownership of Proprietary Information. You hereby acknowledge and agree that LocalCounty owns and hereby retains all proprietary rights in the Services and the Site.

 

b.No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trade-marks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.

 

c.Other Users’ Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any LocalCounty or third party proprietary information available via the Services or the Site.

 

d. License to Posted Content. By posting information or content to any profile pages or public area of the Services such as the Content Services, you automatically grant, and you represent and warrant that you have the right to grant, to LocalCounty and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. You further waive any moral rights you may have in any such information or content. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.

 

4. User Information.

 

a. Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on LocalCounty’s Privacy Statement located on the Site. By using the Site or the Services, you are consenting to the terms of LocalCounty’s Privacy Statement.

 

b. Disclosure By Law. You acknowledge and agree that LocalCounty may disclose information you provide if required or permitted to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend LocalCounty’s, or a third party’s, rights; or (3) protect someone’s life, health or safety, such as when harm or violence against any person (including the user) is threatened.

 

c. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement, LocalCounty reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, LocalCounty suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that LocalCounty, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that LocalCounty is permitted to make such disclosure.

 

5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors.

 

The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of LocalCounty, and LocalCounty is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. LocalCounty provides these links to you only as a convenience, and the inclusion of any link does not imply that LocalCounty endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that LocalCounty will not in any way whatsoever be responsible or liable for any claim, loss or damage of any sort incurred, directly or indirectly, as the result of any such dealings, including the sharing of the information you supply to LocalCounty with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers or sweepstakes sponsors on the Services. Please visit our Privacy Statement to learn more about how we collect, use and disclose your personal information.

 

6. Disclaimer of Warranty. 

 

a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LOCALCOUNTY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL, OR IN TORT, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATIONS WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THIS AGREEMENT OR IN CONFORMITY WITH USAGE, EQUITY OR LAW WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), AND INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, NON-INFRINGEMENT, TITLE OR OWNERSHIP. LOCALCOUNTY DOES NOT MAKE ANY REPRESENTATIONS, WARRATIES OR CONDITIONS, EITHER EXPRESS, IMPLIED OR COLLATERAL, THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. LOCALCOUNTY DISCLAIMS LIABILITY FOR, AND NO WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.

 

b. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by LocalCounty, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. LOCALCOUNTY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE OR SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN LOCALCOUNTY. UNDER NO CIRCUMSTANCES WILL LOCALCOUNTY BE RESPONSIBLE FOR ANY CLAIM, LOSS OR DAMAGE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

 

c. Beta Features. From time to time, LocalCounty may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any representations, warranties or conditions of any kind, whether express, implied or collateral, and may be modified or discontinued at LocalCounty’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

 

7. Limitation of Liability.

 

a. Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOCALCOUNTY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, GENERAL, COMPENSATORY, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING, DIRECTLY OR INDIRECTLY, TO THE USE OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF LOCALCOUNTY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL LOCALCOUNTY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE AMOUNT OF $25.00 (CAD) OR ITS EQUIVALENT.

 

b. No Liability for non- LocalCounty Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOCALCOUNTY BE LIABLE FOR ANY CLAIMS, LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER CLAIMS, LOSSES OR DAMAGES RESULTING FROM COMMUNICATIONS, SERVICES OR GOODS PROVIDED BY OTHER REGISTERED USERS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

 

c. Information Verification. LocalCounty and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that LocalCounty and its contractors will have no liability to you arising from any incorrectly verified information.

 

8. Indemnification.

 

You agree to indemnify, defend and hold harmless LocalCounty, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. LocalCounty reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LocalCounty in asserting any available defenses.

 

9. Communication and Privacy.

 

We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Statement to review your options.

 

10. Term and Termination.

 

This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in full force and effect unless and until terminated hereunder. Either you or LocalCounty may terminate your account at any time, for any reason or no reason, without explanation. LocalCounty reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion.

 

11. General Provisions.

 

a. Controlling Law and Jurisdiction. Unless prohibited by local law, you agree that Alberta law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and provincial courts in the Province of Alberta. You acknowledge and agree that any violation of this Agreement may cause LocalCounty irreparable harm, and therefore agree that LocalCounty will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary, interim, interlocutory and mandatory injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that LocalCounty may have for a breach of this Agreement.

 

b. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Statement located on the Site, comprise the entire agreement between you and LocalCounty regarding the use of this Site and the Services, superseding any prior agreements between you and LocalCounty related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Services. The failure of LocalCounty to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. To the maximum extent permitted by law, any claim or cause of action arising out of or related to the use of the Site, Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

 

12. Revision Date.

 

This Agreement was last revised on February 25, 2018.

 LOCAL COUNTY

TERMS AND CONDITIONS

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