This web site (this "Site") is provided by ServiceHorn Inc. ("ServiceHorn"), conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By accessing, using or downloading messages, information, data, text, software, images or other materials from this Site (the "Content"), or by sending messages, information, data, text, software, images or other materials to this Site ("Materials"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use Content from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with ServiceHorn. In case of inconsistency between these Terms and Conditions and any other agreement you may have with ServiceHorn, the other agreement shall prevail, but only to the extent of the inconsistency.
Terms and Conditions Table of Content
- Changes to Terms and Conditions
- Changes to this Site
- Permitted and Prohibited Uses
- Registration and Password
- Proprietary Rights
- Links and Third Party Materials
- ServiceHorn Fees and Refund Policy
- Linking Agreement
- Limitation of Liability
- Choice of Law
1. Changes to Terms and Conditions
ServiceHorn has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check these Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site or downloading or use of Content from it after any such changes are posted will constitute acceptance of those changes.
2. Changes to this Site
ServiceHorn may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Content on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. ServiceHorn reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.
3. Permitted and Prohibited Uses
The Site may be used only for lawful purposes by individuals seeking personal services ("services"). You agree to use the Site only to send Materials and receive Content that are proper and related to the purpose of the Site.
Subject to these Terms and Conditions, ServiceHorn grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Content thereon, solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Content downloaded, the copyright or other proprietary notices contained in the Content; (ii) sell, reproduce, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Content on any other web site; (iii) transfer the Content to any other person without the written consent of ServiceHorn; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable, overburden or impair this Site; (vi) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person's use of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any Materials that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site's infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part; (x) use or attempt to use another's account, password, service, system or other information without prior written authorization from ServceHorn; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
You may post certain Materials to the Site. You may only post Materials for the lawful, stated purposes of this Site. You agree, that in posting Materials, you will not, nor will you allow others to, directly or indirectly: (i) post any incomplete, false or inaccurate information which is not your own; (ii) delete or revise any material posted by any other person or entity; (iii) post or transmit any Materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or tortuous or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; (iv) impersonate any person or entity, including without limitation a ServiceHorn employee or agent, an authorized user of ServiceHorn's Services, or otherwise misrepresenting your affiliation with any person or entity.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Materials and Content. ServiceHorn will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
ServiceHorn reserves the right at all times to disclose any Materials provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Materials, in whole or in part, that in ServiceHorn's sole discretion is objectionable or in violation of these Terms and Conditions.
4. Registration and Password
You are responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify ServiceHorn of any unauthorized use of your registration or password.
5. Proprietary Rights
Limited License and Copyright. This Site, including all Content, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, ServiceHorn does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of ServiceHorn.
Trademarks. The Service names, company names and logos used on this Site may be trademarks, including registered trademarks of ServiceHorn. Such Service names, company names and logos of ServiceHorn may not be copied, imitated or used, in whole or in part, without the prior written consent of ServiceHorn. Other services and company names mentioned on this Site may be the trademarks of their respective owners.
Reservation of Rights. ServiceHorn's Services, methods and processes may be covered by one or more patents or other intellectual property rights, and are subject to trade secret and other proprietary rights. ServiceHorn reserves all such rights.
Software. Any software, including calculator software, as well any files or images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of ServiceHorn or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
6. Links and Third Party Materials
Certain links on this Site may take you to other web sites. ServiceHorn provides these links only as a convenience. These linked sites are not necessarily under the control of ServiceHorn. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
ServiceHorn is not responsible for the contents of any such linked page or any other page not under its control. ServiceHorn makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that ServiceHorn sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of ServiceHorn.
7. ServiceHorn Fees and Refund Policy
In connection with use of ServiceHorn's Platform, ServiceHorn charges certain Fees ("ServiceHorn Fees" or "Fees"). Current Fees related to the quoting process will be shown when attempting to respond to ServiceHorn service requests ("Leads"). Fees for additional products or services will be shown in policies or terms provided to you before you use such products or services. Charges shall be made to your credit card or PayPal which you select at the time you make a purchase or register for a service. If you do not pay on time or if ServiceHorn cannot charge a credit card, PayPal or other payment method for any reason, ServiceHorn reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. If you cancel or delete your Account at any time, you will not receive any refund. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to either Service Providers or Service Requesters. All sales on ServiceHorn are final and non-refundable. Your purchase is valid for one year and it will expire at the end of 1 year term.
8. Linking Agreement
ServiceHorn welcomes links to its Internet web home page. If you want to link to this Site, you may do so, provided you agree to the link conditions (the "Link Conditions") described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:
- A link may be established to any ServiceHorn home page or landing page.
- If you link to this Site, ServiceHorn grants you a limited, non-exclusive, non-transferable, royalty-free license to use the ServiceHorn trademark and Internet icons, if available, (the "Licensed Marks") solely for the purpose of serving as a link from your web site to this Site. Except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of ServiceHorn's trademarks or service marks (the "Marks") for any reason without ServiceHorn's prior written permission.
- You acknowledge that all rights to the Marks, the content appearing on the ServiceHorn Website pages (the "Web Pages") and the "look and feel" of the Web Pages belong to ServiceHorn. You will not at any time directly or indirectly contest or infringe these rights.
If you link to this Site, your web site:
- may not create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
- may not imply that ServiceHorn is endorsing you or your products or services.
- may not imply an affiliation between your company and ServiceHorn without the prior written consent of ServiceHorn;
- may not misrepresent your relationship with ServiceHorn or present false or misleading impressions about ServiceHorn's Services; and
- may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups;
- ServiceHorn shall have no responsibility or liability for any content appearing on your web site;
- ServiceHorn may at any time, in its sole discretion, immediately terminate your license to use the Licensed Marks and your right to link to this Site, with or without cause. If ServiceHorn exercises this right, you will immediately remove all links to this Site and cease using the Licensed Marks;
ServiceHorn may amend these Link Conditions at any time. You agree to abide by these Link Conditions and other legal terms and conditions on this Site, as amended from time to time.
You acknowledge that any use of or reliance on this Site or any Content shall be at your sole risk. ServiceHorn makes no representation or warranty of any kind regarding the Site and/or the Content, including with respect to the information provided by third party legal and other consultants, all of which are provided on an "AS IS" basis. SERVICEHORN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SERVICEHORN DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.
Without limiting the generality of the foregoing, the information provided on this Site is for general informational purposes only. Information provided on the Site with a by-line, identification of publication source, or any other sort of third-party identifier, including the Legal Q&A and other columns, is provided by third parties on an "As Is" basis, and ServiceHorn does not review it. ServiceHorn and its third party consultants do not warrant or guarantee the truth, accuracy or completeness of this information. No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using this Site. The Ontario Legal Q&A and the Québec Legal Q&A provide information only about the laws in force in their respective provinces and do not provide information about the laws in force in any other Canadian province or in any other jurisdiction. It is not intended to be legal advice of any kind. No one should act, or refrain from acting, based solely upon this or other general information without first seeking appropriate legal or other professional advice.
This Site acts as a venue, among other things, for service providers to post their profiles and provide their services to requesting parties. ServiceHorn shall have no liability related to any disputes, injuries or death occurring from any interactions scheduled from or on the Site. ServiceHorn does not charge any registration, commission or subscription fees to users and is not liable, in any way, for any financial transactions that may take place between a service provider and requester that come in contact through the Site. ServiceHorn is not responsible for any user's adherence to any provincial, state and/or federal income laws. By registering to the Site, users accept full responsibility for adhering to the income laws applicable to their home state/province.
ServiceHorn does not screen or censor user profiles. As a result, ServiceHorn has no control over the quality, safety or legality of the profiles posted or the truth or accuracy of the profiles. In addition, there may be risks, including but not limited to risk of physical harm of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Site.
Because user authentication on the Internet is difficult, ServiceHorn cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on this Site, in the event that you have a dispute with one or more users, you release ServiceHorn (and our agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
ServiceHorn is under no legal obligation to, and generally does not, control the Materials provided by other users which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. ServiceHorn does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content. The use of the Site and the Content is at your own risk. Changes are periodically made to the Site and may be made at any time.
This Site contains materials, data and information which is provided, posted or offered by third parties, including third party provided content, advertisements and user content. You agree that ServiceHorn shall have no liability whatsoever for any such third party material, data or information.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any profile information, posting or other Materials placed by you, as applicable on the Site.
11. Limitation of Liability
As most content on ServiceHorn comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our services. Therefore, by using or registering with ServiceHorn;
YOU AGREE THAT SERVICEHORN AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL PHYSICAL HARM, DISPUTES, DEATH, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, HARM TO BUSINESS, LOSS OF SAVINGS, LOSS OF REVENUE, PERSONAL INCOME TAX RESPONSIBILITES), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF SERVICEHORN, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that ServiceHorn's aggregate liability for damages shall be limited to $100.
The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
You agree to defend, indemnify and hold harmless each of ServiceHorn, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Content or your breach of these Terms and Conditions.
13. Choice of law
This Site is controlled, operated and administered by ServiceHorn from its offices within Canada. ServiceHorn makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Content accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Toronto or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.
Notwithstanding the foregoing, each party may pursue the protection intellectual property rights and confidential information through injunctive or other equitable relief through the courts.