BizFolders Terms of Service for
Your Personal Use
Welcome to Canada's business search engine! By using BizFolders's
search engine or other BizFolders services ("BizFolders Services"), you agree to
be bound by the following terms and conditions (the "Terms of Service").
Content Linked to by BizFolders
The sites displayed as search results or linked to by BizFolders
Services are developed by people over whom BizFolders exercises no control. The
search results that appear from BizFolders's database are indexed by automated machinery
and computers, and BizFolders cannot and does not screen the sites before including
them in the database from which such automated search results are gathered. A search
using BizFolders Services may produce search results and links to sites that some
people find objectionable, inappropriate, or offensive. We cannot and do not guarantee
that a BizFolders search will not locate unintended or objectionable content and
assume no responsibility for the content of any site included in any search results
or otherwise linked to by the BizFolders
Services.
Personal Use Only
The BizFolders Services are made available for your personal, non-commercial use
only. You may not use the BizFolders Services for any commercial use, including
but not limited to selling products or services, or to increase traffic to your
Web site for commercial reasons of any kind whatsoever. You may not take the results
from a BizFolders search and reformat and display them, or mirror the BizFolders
home page or results pages on your Web site. You may not "meta-search" BizFolders.
If you want to make commercial use of the BizFolders Services, you must enter into
an agreement with BizFolders to do so in advance. Please contact us at
info@canada.bizfolders.com for more information.
No Automated Querying
You may not send automated queries of any sort to BizFolders's system without express
permission in advance from BizFolders. Note that "sending automated queries" includes,
among other things:
using any software which sends queries to BizFolders to determine how a website
or webpage "ranks" on BizFolders for various queries; "meta-searching" BizFolders;
and performing "offline" searches on BizFolders.
Please do not write to BizFolders to request permission to "meta-search" BizFolders
for a research project, as such requests will not be granted.
Changes In Terms and Conditions
and BizFolders Search Service
BizFolders may alter or terminate our services from time to time,
for any reason, and without notice. If we do so, it is without liability to you,
any other user or any third party. We reserve the right to modify these Terms of
Service from time to time for any reason, without notice and without liability to
you , any other user or any third party. Please review these Terms of Service from
time to time so that you will be informed of any changes.
Disclaimer of Warranties
BizFolders disclaims any and all responsibility or liability for
the accuracy, content, completeness, legality, reliability, operability or availability
of information or material displayed in the BizFolders SERVICES results. BizFolders
disclaims any responsibility for the deletion, failure to store, misdelivery, or
untimely delivery of any information or material. BizFolders disclaims any responsibility
for any harm resulting from downloading or accessing any information or material
on the Internet through the BizFolders SERVICES.
THE BizFolders SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED
IN THE BizFolders SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
BizFolders AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED
BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS. BizFolders AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING
THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE BizFolders SERVICES.
BizFolders AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE
OBTAINED THROUGH THE BizFolders SERVICES. BizFolders AND ITS LICENSORS DISCLAIM
ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BizFolders
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE BizFolders SERVICES, AS WELL
AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE BizFolders
SERVICES.
YOU UNDERSTAND AND AGREE THAT IF YOU CHOOSE TO OR DO DOWNLOAD OR OTHERWISE OBTAIN
MATERIAL OR DATA THROUGH THE USE OF THE BizFolders SERVICES, YOU DO SO AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
OR DATA.
SOME PROVINCES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO
PROVINCE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BizFolders OR ITS LICENSORS BE LIABLE
TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE BizFolders
SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER
HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER
SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
(EVEN IF BizFolders OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF AND RELIANCE ON THE BizFolders SERVICES, FROM INABILITY TO USE
THE BizFolders SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF
THE BizFolders SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS
LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BizFolders SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED IN THE BizFolders SERVICES, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE BizFolders SERVICES
OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BizFolders SERVICES. THIS LIMITATION
SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY
WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE BizFolders SERVICES OR
ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY
TO, THE BizFolders SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY
LAW.
SOME PROVINCES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY
TO YOU.
Without limiting the foregoing, under no circumstances shall BizFolders or its licensors
be held liable for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control, including,
without limitation, Internet failures, computer equipment failures, telecommunication
equipment failures, other equipment failures, electrical power failures, strikes,
labour disputes, riots, insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of third parties,
or loss of or fluctuations in heat, light, or air conditioning.
Requests for Removal of Business
Listing
BizFolders may from time to time receive requests from people to
remove business listing from its indices. Although BizFolders reserves the right
to address such requests individually, the general approach that BizFolders takes
reflects the following principles:
BizFolders's indices consist of information that has been identified, indexed and
compiled through an automated process with no advance review by human beings. Given
the enormous volume of web site information added, deleted, and changed on a frequent
basis, BizFolders cannot and does not screen anything made available through its
indices. For each business listing reflected in BizFolders's indices, if either
(i) a site owner restricts access to his or her web site or (ii) a site is taken
down from the web, then, upon receipt of a request by the site owner or a third
party in the second instance, BizFolders would consider on a case-by-case basis
requests to remove the link to that site from its indices. However, if the operator
of the site does not take steps to prevent it, the automatic facilities used to
create the indices are likely to find that site and index it again in a relatively
short amount of time.
BizFolders may store many web pages to retrieve for users as a back-up in case the
page's server temporarily fails. Site owners may block BizFolders from returning
cached versions of their pages by using the NOARCHIVE meta-tag. Site owners may
also request immediate removal of cached page from the BizFolders Search Service.
BizFolders evaluates such requests for the immediate removal of cached content on
a case-by-case basis and does not guarantee that every request will be granted.
If you need to contact us with respect to any of these issues, please contact us
at remove@canada.bizfolders.com
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance
with the laws of the Province of Ontario, without giving effect to conflict of laws
provisions or your actual province or country of residence. If for any reason a
court of competent jurisdiction finds any provision or portion of the Terms of Service
to be unenforceable, the remainder of the Terms of Service will continue in full
force and effect.
These Terms of Service constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter. Any
waiver of any provision of the Terms of Service will be effective only if in writing
and signed by BizFolders.
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