Thank you for visiting mydaralink.com. Please read the terms and conditions presented below carefully as they contain the legal terms that govern your use of the web pages operated (collectively “Website”) or provided by mydaralink.com.
1. ACCEPTANCE OF TERMS
mydaralink.com provides a collection of online resources, including classified ads, forums, and various messaging services, (referred to hereafter as "the Service") subject to the following Terms and Conditions ("TAC"). By using the Service in any way, you are agreeing to comply with the TAC. In addition, when using mydaralink.com, you agree to abide by any applicable posted rules for all mydaralink.com services. mydaralink.com reserves the right to modify the TAC at any time in its sole discretion, and will be effective immediately upon posting. It is your responsibility to assess this agreement on a regular basis to keep yourself aware of any changes. Should you object to any term or condition of the TAC, any rule or any subsequent modifications therein or become dissatisfied with mydaralink.com in any way, your only alternative is to immediately discontinue use of mydaralink.com. Should you breach any of the following terms or conditions, mydaralink.com will immediately terminate your mydaralink.com account. Should you breach these TAC and it is thought to be criminal or the like, including but not limited to TAC listed in Section 4i,ii,iii;8a-k,m-p,q-u;9;and 13, mydaralink.com will involve law enforcement and will assist in legal prosecution to the fullest extent of the law.
2. ACCURATE INFORMATION
mydaralink.com will attempt to publish accurate information on the Website. However, mydaralink.com offers no guarantees as to the accuracy or completeness of the information contained or referenced within. All users must accept that all access to and use of the Website, and any site linked to the Website, and the content thereof, is at their own risk. Content or materials presented on the Website may not be appropriate or available for use in other locations or jurisdictions outside of Canada. If you access the Website from any jurisdiction outside Canada, you do so at your own risk and are responsible for compliance with local laws.
3. INFORMATION COLLECTION
Personal information of those who communicate with us online may be collected for the purpose of responding to specific questions, advising visitors of new online material, activities and events, and offering opportunities for contributing to our website. Our web server recognizes consumer domain names for the purpose of analyzing website access and improving the content of our website. Any personal data submitted by the visitor to this Website will not be used for any direct marketing or unsolicited follow-up unless mydaralink.com has previously informed the visitor of this possible use and the visitor has given mydaralink.com an express permission for such use. For further information please see our Privacy Policy.
4. CONTENT
mydaralink.com reserves the right (but does not have the obligation) to review postings on the Website, to remove any postings, and to terminate your ability to post to the Website at any time without notice, in its sole discretion. mydaralink.com also reserves the right to disclose any information 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.
You are responsible for, and assume all liability associated with, any material you make available or transmit through the Website, whether through message boards or other forums, including liability for claims of infringement and defamation. You may not post, transmit through or otherwise make available on or through the Service:
(i) any material that violates or infringes in any way upon the rights of others, that is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
(ii) without the express written consent of the owner thereof, any copyrighted material.
(iii) without the express prior written consent of mydaralink.com any advertising or any solicitation with respect to products or services (unless posted in an area specifically designated for that purpose).
Although mydaralink.com does not and cannot review every message posted on or transmitted through the Website, mydaralink.com has no obligation to permit any material posted or transmitted to remain on the Website, and may remove from, or refuse to display on the Website any material that mydaralink.com, in the exercise of its sole discretion, believes violates the terms and conditions.
5. THIRD PARTY CONTENT, SITES, AND SERVICES
mydaralink.com may contain features that may link you or provide you with access to third party content ("Linked Services"). The Linked Services are independent of mydaralink.com and are not under the control of mydaralink.com. mydaralink.com is not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. mydaralink.com provides Linked Services to you only as a convenience, and the inclusion of any such Linked Services is not an endorsement by mydaralink.com in favour of any company offering Internet services, products or services on the Linked Services. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that mydaralink.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that mydaralink.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release mydaralink.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
6. ADDITIONAL AGREEMENT BY LINKED SERVICES
Any third party website with permission that links to the Website: shall not create a frame, browser or border environment around any of the content of the Website; may link to, but not replicate, Website content; shall not imply that mydaralink.com endorses or sponsors it or its products or services; shall not present false information about mydaralink.com or its products or services; shall not use mydaralink.com trademarks without the prior written permission from mydaralink.com; and shall not contain content that could be construed as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to the Website, and to require termination of any link to the Website, for any reason in our sole and absolute discretion.
7. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes Copyright infringement, or your intellectual property rights have been otherwise violated, please notify mydaralink.com's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at abuse@mydaralink.com
Please provide our Agent with the following Notice:
a) Identify the material on the mydaralink.com site that you claim has been infringed, with enough detail so that we may locate it on the website.
b) 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.
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
d) Your address, telephone number, and email address.
e) Your physical or electronic signature.
8. CONDUCT FOR POSTINGS
It is mandatory to comply with all applicable laws in connection with your use of the Website and such further limitations as stated below and in any written or on-screen notice from mydaralink.com. You may not use the Website for any purpose that is unlawful or is prohibited by the terms and conditions or that harms mydaralink.com, its affiliates, its service providers, suppliers or customers.
You agree to post in the appropriate sections. You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way.
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person.
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
d) that violates federal, state, provincial, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) that impersonates any person or entity, including, but not limited to, a mydaralink.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures).
g) that includes personal or identifying information about another person without that person's explicit consent.
h) that is false, deceptive, misleading, deceitful, misinformed, or constitutes a "bait and switch".
i) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
j) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
k) that constitutes or contains any form of advertising or solicitation if: posted in areas of the mydaralink.com sites which are not designated for such purposes; or emailed to mydaralink.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
l) that includes links to commercial services or web sites, except as allowed in "services".
m) that advertises any illegal service or the sale of any items that the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by federal, state, provincial or municipal law.
n) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
o) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service.
p) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
q) contact anyone who has asked not to be contacted.
r) "stalk" or otherwise harass anyone.
s) collect personal data about other users for commercial or unlawful
purposes.
t) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by mydaralink.com.
u) attempt to gain unauthorized access to mydaralink.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the mydaralink.com website.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to mydaralink.com email addresses or through mydaralink.com, is expressly prohibited by these TAC. Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. REGISTRATION, USERNAME, PASSWORD & SECURITY
Registration may be required for the use of certain portions of the Website. Your registration shall not impose any duty on us to provide any particular service to you. If the terms of any mydaralink.com registration agreement conflict with these terms and conditions, the registration agreement shall govern. Your User Identity (your username and password) will be your identity for purposes of interacting with the Website and other users through the Website.
You shall keep confidential, shall not disseminate, and shall use solely in accordance with the terms and conditions your User Identity. You shall immediately notify mydaralink.com if you learn of or suspect any loss, theft or unauthorized use of your User Identity. In the event of such loss, theft, or unauthorized use, mydaralink.com may impose on you, at its sole discretion, additional security obligations.
If any unauthorized person obtains access to the Website as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify mydaralink.com. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
11. EVENTS & BUSINESS PROFILE LISTINGS
The Events & Business Profile Listings Services are free to all mydaralink.com members. All listings must be approved by mydaralink.com before appearing on the Website. Up to 48 hours after an event or business profile listing is approved, the creator will receive an e-mail. mydaralink.com has no obligation to approve all events or business profiles. In order to qualify for business profile approval, you must be the owner of the business being submitted for approval, you must submit your full name and contact information, the business must operate with a staff totalling no more than 25 employees. In the event any business profile is submitted under false pretenses, including but not limited to claiming false ownership, fake identity, or submission of false claims, mydaralink.com has the right and will revoke membership immediately. Any business profile that is, appears, or is perceived as a commercial posting will be revoked. In the future, mydaralink.com may charge a fee to post Content in some areas of the Service. The fee will be an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TAC. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TAC.
12. LIMITATIONS ON SERVICE
You acknowledge that mydaralink.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that mydaralink.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that mydaralink.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that mydaralink.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. ACCESS TO THE SERVICE
mydaralink.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by mydaralink.com.
A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
"General purpose internet search engine" does not include a website or
search engine or other service that specializes in classified listings
or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
mydaralink.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TAC, absent express permission granted by mydaralink.com to do so. You may also create a hyperlink to the home page of mydaralink.com sites so long as the link does not portray mydaralink.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner.
Use of the Service beyond the scope of authorized access granted to you by mydaralink.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from mydaralink.com.
14. PRIVACY POLICY
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so in the Privacy Policy, a copy of which you should review by clicking here. You in turn agree and consent to the terms of the Privacy Policy by your use of the Website.
15. DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED "AS IS." mydaralink.com MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE. mydaralink.com DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, mydaralink.com DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i)WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY mydaralink.com OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
mydaralink.com MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
16. LIMITATIONS OF LIABILITY
IN NO EVENT WILL mydaralink.com OR ITS AFFILIATES, OR ANY PERSON OR PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, OR ON ANY SITE LINKED TO THIS WEBSITE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES) INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN AN ANY WAY RELATED TO THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE OR YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. THE ABOVE SHALL APPLY EVEN IF mydaralink.com OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
mydaralink.com RESERVES THE RIGHT TO ALTER THE CONTENT OF THE WEBSITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE LIMITATIONS OF LIABILITIES APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF mydaralink.com OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, mydaralink.com¹S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL mydaralink.com¹S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00) IN CANADIAN CURRENCY.
17. INDEMNITY
Upon a request by mydaralink.com, you agree to indemnify and hold harmless mydaralink.com and its respective subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees from and against all liabilities, claims and expenses, including legal fees and disbursements on a substantial indemnity basis, made by any third party due to or arising out of your conduct including content you submit, post to or transmit through the Website, your use of the Website, your violation of the terms and conditions or your violation of any rights of another.
18. CHOICE OF LAW AND FORUM
This Agreement shall be governed solely by and construed in accordance with the laws of the Province of Ontario, excluding its conflict of law rules. You expressly and irrevocably consent and agree to submit to the exclusive jurisdiction and venue of the courts in the Province of Ontario in all disputes arising out of or relating to the use of the Website. YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST mydaralink.com OR ITS AFFILIATES OR ANY THIRD PARTY RELATING TO THE WEBSITE, THESE TERMS AND CONDITIONS OR ANY RELATED MATTER.
19. SEVERABILITY AND INTEGRATION
Except for other agreements you may enter into through use of a specific part of the Website, these terms and conditions constitute the entire agreement between you and mydaralink.com and governs your use of the Service, super ceding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and mydaralink.com. If any portion of the terms and conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. The terms and conditions may be modified only by our posting on the Website changes to the terms and conditions or by a subsequent writing signed by mydaralink.com.
20. NO WAIVER
The failure of mydaralink.com to enforce any provisions of the terms and conditions or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any of the terms or conditions or to act with respect to similar breaches.
21. NO PROFESSIONAL ADVICE
Any information supplied by any employee or agent of mydaralink.com whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Website, and does not constitute legal, tax, accounting or other professional advice and may not be relied on to base any claim or action. Individual situations and provincial laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. mydaralink.com makes no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Website.
22. MISCELLANEOUS
References to mydaralink.com in the terms and conditions shall include all of mydaralink.com’s affiliates and all of its and their directors, officers, shareholders, employees, agents, advisers, suppliers and insurers. You are prohibited from assigning your rights and obligations under the terms and conditions. mydaralink.com may assign its rights and obligations in its sole discretion at any time or times, in whole or in part, without notice to you. Nothing contained in the terms and conditions is in derogation of mydaralink.com¹s right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website. A printed version of the terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles used in the terms and conditions are for convenience only and have no legal or contractual significance. Where the context permits all words in the singular shall include the plural and vice versa.
23. TERMINATION OF SERVICE
mydaralink.com reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without notice and with or without cause. Termination of your access to the Website means the revocation of the limited and temporary license and permission to use the software and other resources of the Website granted to you under the terms and conditions by mydaralink.com. The provisions of the terms and conditions survive the termination of your access to the Website. You are prohibited from terminating your rights and obligations under the terms and conditions.
