Welcome to www.GardenBook.ca ("GardenBook"). By accessing GardenBook you are agreeing to the following terms, which are designed to make sure that GardenBook works for everyone. GardenBook is provided to you by GardenBook Inc., 375 Des Epinette., P.O. Box 51047, Ottawa, Ontario, Canada K1E 3E0. This policy is effective January 1, 2011.
GardenBook is not real estate brokers, real estate agents or mortgage brokers. We do not represent home buyers or home sellers. GardenBook is an advertising and marketing firm. We charge flat fees for access to our services; we do not charge any commission.
You will post in the appropriate category, be 18 years or older, and will not do any of the following bad things:
GardenBook is a paid service. If a fee is charged, you will be able to review and accept that charge. Our fees are in Canadian Dollars, and may change from time to time. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, we may deduct the amount owed from your PayPal account balance).
GardenBook contains stuff from us, you, and other users. You agree not to copy, modify, or distribute GardenBook, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. (We need these rights to host and display your content.) If you believe that your rights have been violated, please notify our designated copyright agent at GardenBook Customer Support and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or of any party's rights.
Do not post content that infringes the rights of third parties. This includes, but is not limited to; content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party's rights. The following steps are for reporting a listing to GardenBook that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items or listings. If you have a good faith belief that a listing on GardenBook infringes your copyright, trademark, or other intellectual property rights, all you need to do is to send us an email at info@gardenbook.ca, or mail us at 1937 Portobello Blvd, PO Box 17066, Ottawa, Ontario K4A 4W0. After we receive your email or mail, we will be in contact with you.
You may freely link to any publicly available content directly. In fact, we encourage you to do so and have made linking to several parts of our site more convenient by making share tools available for that purpose.
You may not use any framing technique without our written consent.
Your dealings or communications through GardenBook with any party other than an official GardenBook representative are solely between you and that third party. Certain areas of our site may be e-commerce enabled and allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors.
Under no circumstances will GardenBook be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related to their purchase or use.
Please review carefully the third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
You may not decompile, reverse engineer, disassemble or otherwise recreate this web site.
You may use Robots, Crawlers or Spiders on this site so long as you do not run them more than once every 48 hours. They must not collect any contact information or download pictures (they may link to pictures). Any resulting output, if displayed publicly, must be properly credited and contain a link back to the original GardenBook listing or article. We reserve the right to deny access to any Robot, Crawler or Spider for any reason and recoup the cost of any activity that violates these Terms of Use.
As most of the stuff on GardenBook comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered. The site and all materials, documents or forms provided on or through your use of the site, or off of the site are provided on an "as is" and "as available" basis. We do not guarantee that your service will be uninterrupted and timely. To the fullest extent permitted by law, GardenBook expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of GardenBook or its services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.
By using GardenBook, you agree to the collection, transfer, storage and use of your personal information by us as described in our Privacy Policy.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You agree that activities under your account will be your sole responsibility. If you become aware of any unauthorized use of your password or of your account, you agree to notify GardenBook immediately.
You agree that the Terms will continue to apply until terminated by you by notifying GardenBook, or by closing your accounts where we made the option available to you. Notice should be sent to us in writing at info@gardenbook.ca. We may terminate our relationship with you if you breached, or unable to comply with the Terms, required to do so by law, or we are no longer providing the service
GardenBook may make changes to the Terms from time to time. When these changes are made, GardenBook will make a new copy of the Terms available at http://www.GardenBook.ca/terms.
You understand and agree that if you use the Services after the date on which the Terms, GardenBook will treat your use as acceptance of the updated Terms.
These terms and the other policies posted on GardenBook constitute the entire agreement between us, superseding any prior agreements. This agreement is governed by the laws of Ontario. We both submit to the non-exclusive jurisdiction of the courts of Ottawa, Ontario. This won't affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence) for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be
GardenBook 375 Des Epinette P.O. Box 51047 Ottawa, Ontario Canada K1E 3E0 Re: GardenBook Canada – User Inquiries We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. Send questions, comments or complaints to GardenBook at info@gardenbook.ca