PLEASE NOTE that the Terms and Conditions of Use contain limitations of liability affecting your rights and remedies and also provide that your profile will remain on this Website even after you terminate your account. Kontraxx Terms and Conditions of Use
Last updated: August 1, 2019
Welcome to kontraxx.com (the "Website"), a website owned by Kontraxx Inc. ("Kontraxx Inc" and sometimes referred to as "we", "us" or "our"). This Website is a service offered by Kontraxx Inc. These terms and conditions of use constitute an agreement between you and Kontraxx Inc. (this "Agreement").
This Agreement governs your access and use of the Website and related services offered by Kontraxx Inc. on or through the Website including, without limitation, supply and use of Content through the Website (collectively, the "Services"), including various restrictions regarding the foregoing as well as your responsibilities and obligations with respect to any such access and use. This Agreement also limits our liability, limits your remedies against us and disclaims various representations, warranties, conditions and assumptions that may ordinarily apply to your access and use of the Website and/or Services. Please read this Agreement carefully before agreeing to be bound by its various provisions. It is a condition of your access and use of the Website and/or Services that you agree and be bound by this Agreement. By accessing, browsing and/or using this Website or any Service, you are signifying your consent to be bound by this Agreement. If you do not agree to be bound by this Agreement, exit the Website and do not use any of the Services.
1. General Disclaimer and Limitation of Liability
Among other things this Website acts as a venue for persons looking to retain the services with respect to certain construction and/or renovation projects to post job opportunities and for contractors and suppliers and service providers to post profiles, portfolios and advertisements for their goods and services. It also allows customers, subcontractors, lenders, creditors and employees of suppliers, contractors, service providers and suppliers to post. You acknowledge that any use of or reliance on this Website or any Services will be at your sole risk. Any and all bids that are approved are NOT a contract. Contracts must happen in direct contact away from the site. Any loss of jobs, bids, employment will not be the responsibility of Kontraxx Inc.
KONTRAXX INC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND AND KONTRAXX INC HEREBY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY SORT REGARDING:
i.THE WEBSITE;
ii. THE SERVICES;
iii.THIRD PARTY GOODS AND SERVICES ADVERTISED, OFFERED FOR SALE OR MENTIONED ON THE WEBSITE AND/OR ANY THIRD PARTY WEBSITE ACCESSIBLE THROUGH THE WEBSITE; AND/OR
iv.ANY INFORMATION, CONTENT AND/OR MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, CATALOGUES, LISTINGS, PROFILES, ADVERTISEMENTS, POSTINGS, REQUESTS FOR PROPOSALS, JOB REQUESTS, PROJECT LISTINGS, PROPOSALS, QUOTES, ARTICLES, INSTRUCTIONS, SPECIFICATIONS, GUIDELINES, SUMMARIES, MANUALS, REPRESENTATIONS, DRAWINGS, SKETCHES, PLANS, BLUEPRINTS, FEEDBACK, TIPS, ADVICE, RECOMMENDATIONS, REFERRALS, TESTIMONIALS, REVIEWS, RATINGS, RANKINGS, ENDORSEMENTS, RESPONSES AND REBUTTALS, AND SUPPORTING MATERIALS, AS WELL AS ALL OTHER TEXT, IMAGES, PICTURES, AUDIO CONTENT, VIDEO CONTENT AND AUDIO-VISUAL CONTENT (COLLECTIVELY, THE "CONTENT");
WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, KONTRAXX INC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, CONTINUITY, AVAILABILITY, RELIABILITY, PERFORMANCE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE WEBSITE, SERVICES AND/OR CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND ANY ACCESS TO, USE THEREOF OR RELIANCE THEREON IS AT YOUR SOLE RISK.
ALTHOUGH KONTRAXX INC MAY ELECT FROM TIME TO TIME TO SCREEN, CENSOR AND/OR VERIFY THE ACCURACY, COMPLETENESS, CURRENCY, SAFETY, LEGALITY OR USEFULNESS OF ANY CONTENT, KONTRAXX INC HAS NO OBLIGATION TO DO SO, AND , AND KONTRAXX INC WILL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO: (I) YOUR USE OF OR RELIANCE UPON ANY CONTENT; (II) ANY DECISION NOT TO UNDERTAKE ANY SUCH SCREENING, CENSURE OR VERIFICATION OF CONTENT; (III) ITS NEGLIGENT OR
IMPROPER UNDERTAKING OF ANY SUCH SCREENING, CENSURE OR VERIFICATION OF CONTENT; OR (IV) CONTENT BEING REMOVED OR OTHERWISE CEASING TO BE AVAILABLE.
YOU ACKNOWLEDGE AND UNDERSTAND THAT USE AND/OR IMPLEMENTATION OF SOME CONTENT (OR RELIANCE THEREON) MAY RESULT IN PERSONAL INJURIES AND/OR DEATH AND THAT ANY CONSTRUCTION, RENOVATION OR REPAIR WORK SHOULD ONLY BE UNDERTAKEN BY COMPETENT AND QUALIFIED PERSONS.
YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT CONSTRUCTION, RENOVATION AND/OR REPAIR REQUIRES ADDITIONAL INFORMATION AND KNOWLEDGE THAN THAT PROVIDED ON THE WEBSITE AND CONTENT AND THAT YOU SHOULD NOT RELY ON CONTENT WITH RESPECT TO ANY CONSTRUCTION, RENOVATION AND/OR REPAIR WORK. YOU ACKNOWLEDGE AND UNDERSTAND THAT CONSTRUCTION AND BUILDING REQUIREMENTS MAY VARY FROM ONE LOCATION TO ANOTHER AND THAT YOU SHOULD CONFIRM WHICH LAWS AND OTHER REQUIREMENTS APPLY TO YOU AND ANY PROJECT YOU MAY UNDERTAKE.
YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH THE WEBSITE. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU SHOULD UNDERTAKE YOUR OWN RESEARCH, INVESTIGATIONS, INQUIRIES AND DUE DILIGENCE WITH RESPECT TO ANY PROJECT AND WITH RESPECT TO ANY POTENTIAL CONTRACTOR, SUPPLIER, SERVICE PROVIDER AND/OR CUSTOMER.
KONTRAXX INC. WILL NOT BE LIABLE FOR ANY DAMAGES, COSTS, EXPENSES, PENALTIES AND OTHER LOSSES CAUSED BY OR ATTRIBUTABLE IN WHOLE OR IN PART TO EVENTS OR CIRCUMSTANCES BEYOND KONTRAXX INC.’S REASONABLE CONTROL.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE KONTRAXX INC. (AND ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Kontraxx Inc. is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Website. Content posted by other users may be deceptive, offensive, harmful, defamatory, libellous, incomplete, dated or inaccurate.
YOU AGREE THAT KONTRAXX INC, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, VENDORS, ADVISORS, AGENTS AND OTHER REPRESENTATIONS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES
WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, DAMAGE TO REPUTATION, LOSS OF INFORMATION, DATA OR CONTENT, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS WEBSITE, ANY SERVICE, ANY CONTENT, OR ANY LINKED WEBSITE OF A THIRD PARTY (AND RELATED THIRD PARTY SERVICES AND/OR CONTENT), EVEN IF KONTRAXX INC, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, 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 further understand that other users are free to post Content about you, services you received or provided and/or their prior dealings or interactions with you or with regards to your past conduct, all of which may be freely accessed, viewed and downloaded by other users. Likewise, kontraxx inc is free to supplement such Content with Content of its own based on information that it knows, comes to learn (through receipt of information from third parties or through its own investigations and inquiries) or otherwise believes is accurate. This may include posting hyperlinks to third party webpages that may include information that relates to you. If you are an employee of a contractor, supplier or service provider posting a review, anecdote or comments regarding your employer, your employer's response may include information about you and your employment, which may include personal information.
You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Opinions expressed on this Website are those of the authors. Kontraxx inc ACCEPTS NO RESPONSIBILITY FOR THE OPINIONS, ADVICE, STATEMENTS AND/OR INFORMATION POSTED ON THIS WEBSITE.KONTRAXX INC WILL NOT BE LIABLE FOR ANY CONTENT EVEN IF IT IS SLANDEROUS OR LIBELLOUS, OR COULD OTHERWISE BE DAMAGING TO YOUR REPUTATION, ADVERSELY AFFECT YOUR BUSINESS, OR CONSTITUTES PERSONAL INFORMATION.
You acknowledge and understand that kontraxx inc may (but is not obligated to) supplement listings, posts and other entries, including your listings, posts and other entries, by adding and/or associating third party images with respect to same. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE PURPOSE OF THE WEBSITE IS TO PROVIDE AN OPEN FORUM FOR DISCUSSION AND AGREE
THAT TPI WILL NOT BE REQUIRED TO REMOVE, REDACT OR RETRACT ANY LIBELLOUS, DEFAMATORY OR SLANDEROUS CONTENT NOR PROVIDE ANY EDITORIAL COMMENTS, CLARIFICATIONS OR NOTICES, NOR WILL TPI BE LIABLE FOR REFUSING OR FAILING TO REMOVE ANY SUCH CONTENT OR POST ANY RETRACTION, EDITORIAL COMMENTS, CLARIFICATION OR NOTICES WITH RESPECT TO SUCH CONTENT. YOU ALSO ACKNOWLEDGE AND AGREE THAT KONTRAXX INC WILL NOT BE LIABLE FOR ANY PERSONAL INFORMATION THAT MAY BE POSTED ON THE WEBSITE THROUGH THE CONDUCT OF ANY THIRD PARTY. YOUR ONLY RECOURSE WITH RESPECT TO ANY THIRD PARTY CONTENT AND/OR DISCLOSURE (AND KONTRAXX INC. COLLECTION) AND/OR PUBLICATION OF YOUR PERSONAL INFORMATION WILL BE WITH RESPECT TO THE THIRD PARTY THAT DISCLOSED AND/OR POSTED SUCH CONTENT OR THE THIRD PARTY THAT PROVIDED KONTRAXX INC WITH INFORMATION UPON WHICH KONTRAXX INC (S) CONTENT IS BASED ON OR WAS DERIVED FROM (INCLUDING, WITHOUT LIMITATION, OPERATORS OF THIRD PARTY WEBSITES TO WHICH WEBSITE HYPERLINKS MAY DIRECT USERS TO).
KONTRAXX INC WILL ONLY DISCLOSE THE IDENTITY AND OTHER PARTICULARS OF A THIRD PARTY THAT POSTS OR SUPPLIES CONTENT IN THE EVENT THAT IT IS PROVIDED WITH AN ORDER FROM A COURT OF COMPETENT JURISDICTION ORDERING DISCLOSURE OF SUCH INFORMATION. SHOULD KONTRAXX INC PROVIDE YOU WITH THE MEANS TO CHALLENGE THE ACCURACY OF SUCH CONTENT, KONTRAXX INC WILL HAVE SOLE DISCRETION IN DETERMINING THE VALIDITY OF ANY SUCH CHALLENGE (USING SUCH FACTORS AS KONTRAXX INC DEEMS APPROPRIATE IN ITS SOLE DISCRETION), AND ALL DECISIONS MADE BY KONTRAXX INC WITH RESPECT TO ANY SUCH CHALLENGE WILL BE FINAL AND BINDING. YOU ACKNOWLEDGE AND AGREE THAT THE FACT THAT KONTRAXX INC MAY IN SOME INSTANCES REMOVE CONTENT (WHETHER YOURS OR A THIRD PARTY'S) OR PROVIDE ANY EDITORIAL COMMENTS, CLARIFICATIONS OR NOTICES IN REGARDS TO ANY CONTENT DOES NOT WAIVE, QUALIFY, OR OTHERWISE AFFECT THE DISCLAIMERS, EXCLUSIONS AND OTHER LIMITATIONS OF LIABILITY IN THIS AGREEMENT. SHOULD KONTRAXX INC ELECT TO REMOVE ANY CONTENT, IT MAY, IN ITS SOLE DISCRETION, INCLUDE A NOTICE, EDITORIAL COMMENT OR OTHER DISCLOSURE IN TERMS OF SUCH REMOVAL AND THE ASSOCIATED FACTS AND UNDERLYING REASONS IN CONJUNCTION WITH SUCH REMOVAL, INCLUDING, WITHOUT LIMITATION, THE FACT THAT YOU REQUESTED THE REMOVAL OF SUCH CONTENT.
You acknowledge and understand that the Website provides you with the option of replying to any such comments and presenting your views or position in terms of any Content that you believe to be inaccurate, false, incomplete, dated, improperly contextualized, misleading, libellous and/or defamatory and agree that KONTRAXX INC SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER IF SUCH FEATURES OR FUNCTIONALITY OF THE WEBSITE OR ANY SERVICE IS
NOT ACCESSIBLE, AVAILABLE, OPERATIONAL OR OPERATING IN A RELIABLE, TIMELY, UNINTERRUPTED AND/OR ERROR FREE MANNER.
If you provide information to us about a third party, you authorize us to post such information without restriction and without any obligation to maintain your anonymity. If we do elect not to disclose your identity, we make no warranty and provide no assurances that we will or can maintain your anonymity.
Should you have a dispute with any service professional, contractor, lender, creditor or supplier (including, without limitation, any current and/or former employer), you must resolve such dispute with such third party directly, and you hereby agree not to involve kontraxx inc in any matter whatsoever in any such dispute, including, without limitation, requiring kontraxx inc(s) attendance or participation (or that of any kontraxx inc shareholder, director, employee, agent and/or representative) in any legal proceeding.
Any reference on the Website to any program or arrangement pursuant to which charitable donations or gifts are to be made by kontraxx inc in conjunction with any membership, review or submission of other Content, will be made by kontraxx inc in its own name. Payments of charitable donations or the delivery of charitable gifts may be consolidated and paid within such interval as kontraxx inc may determine in its sole discretion. Kontraxx inc may in its sole discretion vary the terms of, or discontinue, any such program or arrangement without notice.
Some jurisdictions may not allow limitations or exclusion of liability for incidental or consequential damages, damages relating to personal injuries or death, damages arising from intentional or gross fault, or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions. TO THE EXTENT THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY ARE NOT ENFORCEABLE OR NOT FULLY ENFORCEABLE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT KONTRAXX INC AGGREGATE LIABILITY FOR ANY DAMAGES WHATSOEVER UNDER THIS AGREEMENT, IN TORT, STRICT LIABILITY OR OTHERWISE IN LAW, WILL BE LIMITED TO CAD$10.00 IN THE AGGREGATE.
2. Registration
Access to certain features of the Website and access and use of certain Services or Content may be restricted to persons who have registered through the Website and created an account for the Website (an "Account"). An individual may only create a single Account for himself or herself.
Likewise, a user tied to a business may create an Account for such business (each, a "Profile"). kontraxx inc may, in its sole discretion, consolidate, delete, edit or otherwise modify Accounts for a single business or for related businesses.
You agree to: (a) provide true, accurate, current and complete information as prompted by the Website's (or relevant Service's) registration form for Accounts and/or Profiles (such information being collectively referred to as the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
For clarity, the provision of some Registration Data is required to create an Account while the provision of other Registration Data is optional. You acknowledge and understand that the failure to provide optional Registration Data as part of creation or updating of a Profile may negatively affect the Scores and Rankings (as such term is defined and discussed in Section 6) for the business(es) featured in such Profile. We may from time to time require you to provide us with proof in terms of the authenticity, accuracy and/or currency of Registration Data.
Kontraxx Inc. is concerned about the safety and privacy of all its users, particularly children. Our services are available only to persons who can form legally binding contracts in the jurisdiction in which they reside or are domiciled. Without limitation to the foregoing, you may neither register for nor use the Website or any Services if you are under the legal age of majority in the province or territory in which they reside. You are solely liable for any misstatements and/or misrepresentations in conjunction with the Registration Data or with respect to any postings or listings created and/or posted.
3. Professional Memberships
Businesses may access additional Services by becoming a professional members.
4. Password and Security
You will receive a password and designation for your Account upon completing the registration process. You are responsible for maintaining the confidentiality of the user name and password, and are fully responsible for all activities that occur under your Account, user name and/or through use of your password. You agree to (a) immediately notify Kontraxx Inc if you have reasonable grounds to believe someone has obtained access to your password or someone has made unauthorized use of your Account, and (b) ensure that you log out from your Account at the end of each session.
You acknowledge and agree that the rights provided to you under this Agreement are personal to you and may not be shared with or transferred to anyone. Accordingly, you agree not to share your Account (or any privileges derived from your Account) with any third party.
5. Use
This Website is operated in the province of Alberta, Canada. To the extent you are not a resident of the province of Alberta (Canada), you are solely responsible for ensuring that use of this Website and any Services is lawful in and permitted by the laws of the jurisdiction in which you reside or in which your business is domiciled. Your right to access and use the Website and Services is strictly conditional upon such access and use being lawful in your jurisdiction.
You understand that you are solely responsible for ensuring that materials that you post on the Website comply with all applicable laws and this Agreement, regardless of whether such postings are public or private in nature. You further understand that you are solely responsible for ensuring that goods or services that you promote or advertise and the completion of any transaction relating to the foregoing complies with all applicable laws and this Agreement.
You understand and agree that you are personally liable for anything you communicate on the Website, including without limitation, communication of defamatory, libellous, discriminatory, obscene, offensive, false, fraudulent, inappropriate, profane, threatening, harassing, abusive, illegal and/or unlawful information or the unauthorized communication of confidential or proprietary information (collectively, "Prohibited Content"). You shall not post any Prohibited Content on the Website or use the Website or any Service to post, publish, republish, broadcast, distribute or otherwise communicate any Prohibited Content. Without limitation to the foregoing, when posting Content you shall use your best efforts to ensure such Content is truthful, accurate, current and complete and otherwise complies with the requirements of this Agreement. You acknowledge and understand that any Content that you may post or submit is subject to authentication and verification and that kontraxx inc may, in its sole discretion temporarily or permanently remove such Content if it believes, in its sole opinion, that such Content is inaccurate, untruthful, dated or incomplete, includes personal information or other prohibited content, or if kontraxx inc determines in its sole opinion that it has any form of legal, financial or other exposure in terms of such Content. In this respect, kontraxx inc may require that you provide satisfactory evidence of any underlying engagement, transaction or other matter, and/or of the accuracy, truthfulness, currency and completeness of such Content and underlying facts. If kontraxx inc elects in its sole discretion to post such Content, it has the right to add editorial comments or caveats in regard to the foregoing.
You understand and agree that you are personally responsible for complying with any applicable laws and complying (and not infringing) any third party rights, including, without limitation any privacy rights, personality rights, proprietary rights and trade secrets. Without any limitation to the generality of the foregoing, you shall not post any confidential information nor any information or other materials protected by copyright without the written permission of the copyright owner. By posting any Content, you represent and warrant that: (i) such material is in your lawful possession and can
be disclosed, published, republished and communicated without restriction; (ii) to the best of your knowledge, the information contained in such Content is accurate in all material respects; and (iii) the publication, display, reproduction, distribution, modification and use of such Content does not and will not infringe any copyright or trademark. In addition, you grant kontraxx inc and users of this Website the non-exclusive right and license to display, copy, publish, republish, distribute, transmit, print and use such Content and any information, idea or invention encompassed therein or extractible therefrom.
You agree not to reproduce, duplicate, harvest, copy, sell, resell or exploit for any commercial purposes or for any purpose other than for your personal and private use, the Website, any Content and/or Service, whether in whole or in part. You agree not to assist any third party in regard to any such activity.
You will not use the Website or any Service for any storage or archival purposes. Content posted or otherwise stored on the Website may be removed and/or deleted at any time at Kontraxx Inc (s) sole discretion without any liability to you or to any third party.
If you are a contractor, service provider or supplier:
You agree to abide by and comply with the Code of Conduct. Without limitation to the foregoing, you agree not to post or direct others to post Feedback about you, your business, your operations, goods and services that are false or misleading, including, without limitation, fictitious Feedback (whether in terms of the identity of the person posting such Feedback, in regards to the subject matter thereof or in regards to both of the foregoing).
You acknowledge and understand that:
• Kontraxx inc may investigate and audit Feedback to assess its validity, accuracy and truthfulness, including through use of automated processes.
• Kontraxx Inc may disclose the fact that potentially fictitious, invalid, inaccurate and/or misleading Feedback has been posted by you (or by someone else) and/or is otherwise associated with you or your Account and/or Profile, as well as incorporate within any scoring feature, metrics, ranking and/or ranking tool information regarding potentially fictitious, invalid, inaccurate and/or misleading Feedback attributable to you or persons whom you have directed.
• any false or misleading representations and any deceptive marketing practices may constitute a violation of applicable laws, including, without limitation, the Competition
Act (Canada) and that Kontraxx Inc is free to report any such possible violations to governmental authorities or law enforcement bodies.
YOU AGREE THAT KONTRAXX INC WILL HAVE NO LIABILITY WHATSOEVER IN REGARDS TO ANY OF THE FOREGOING PRACTICES.
You agree that any violations of this Agreement and/or any code of conduct that may relate to use of the Website or of any Service (as same may change from time to time), including, without limitation, the posting of Prohibited Content, and/or the posting of Feedback and/or other Content that is not authentic, truthful, accurate and/or complete, or otherwise fails to comply with the requirements of this Agreement, may be disclosed to users of the Website and/or may be associated with and/or included in your Account and/or Profile.
6. Postings, Feedback, Rankings and Scores
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any ad, posting, review, testimonial, commentary, rating, ranking or other content placed by you on the Website. You agree that all Content that you place on the Website must comply with all applicable laws. You acknowledge and agree that kontraxx inc may, in its sole discretion and without any obligation to do so, require you to confirm your identity and/or the currency, completeness and/or accuracy of certain facts relating to any content that you post on the Website and that failing such confirmation, kontraxx inc may, in its sole discretion remove, redact or annotate such Content. Kontraxx inc may, in its sole discretion, remove any and all Content posted by you, including, without limitation, any posting and/or information that contravenes this Agreement.
If you are a contractor, tradesmen, service provider or supplier:
You acknowledge and agree that we or other users may create a Profile for you and your business with respect to which other users (including, without limitation, past and current customers, suppliers, subcontractors, vendors, lenders, creditors, employees and the like) may post comments, anecdotes, feedback, reviews, ratings, rankings, testimonials, recommendations, referrals, rebuttals, and other information (collectively, "Feedback").
You may be provided with the opportunity to present to kontraxx inc certain materials in support of any reply, rebuttal or challenge in terms of any Feedback (collectively, "Supporting Materials"). You acknowledge and confirm that: (i) any Supporting Materials provided to kontraxx inc may be disclosed to any interested party including, without limitation, any third party that is the subject of the underlying rebuttal or challenge and; (ii) such Supporting Materials will constitute Content for the purposes of this Agreement irrespective of its format or the manner in which it is communicated to kontraxx inc.
You acknowledge and confirm that: (i) kontraxx inc may at any time and from time to time compile scores and/or rankings with respect to members and other persons having Profiles (collectively, "Scores and Rankings"); (ii) Scores and Rankings may be based on subjective criteria and/or generated through automated tools; and (iii) Scores and Rankings may be based not only on Feedback (in terms of content, volumes and/or otherwise) but may also be based on conduct relating to access to and use of the Website and Services (including, without limitation, the type and amount of information you disclose or otherwise make available in your Profile or otherwise on the Website) as well as other information we come to learn or discover relating to you, your business, your association or affiliation (legal, business, familial, de facto or other) with third parties with questionable credentials or a checkered past, and/or your operations, obtained independently of your Profile and/or use of the Website (including, without limitation, information, extracted from any trade directory, social media site, or any third party resource [such, as by way of example only, the Better Business Bureau or any governmental authority or trade association]).
For greater certainty, Registration Data, Feedback, Scores and Rankings and other information relating to your Profile constitute Content for the purposes of this Agreement and may be published on the Website or otherwise made available to other users of the Website. You consent and agree and consent to the foregoing.
You agree not to challenge any Scores and Rankings or prevent and/or hinder the creation, display and/or publication of Scores and Rankings by Kontraxx inc, its business partners and/or its licensees, and their respective service providers) and further agree that none of the foregoing entities will have any liability with respect to the generation, posting and/or distribution of any Scores and Rankings or their reliance on the foregoing in terms of the operation of the Website and rendering of the Services, or on reliance by any other person in terms of any other matter whatsoever, including, without limitation, any purchasing decision or decision to commence, suspend, resume or terminate any relationship, arrangement or undertaking.
7. Use of Kontraxx Inc badges, trademarks, APIs and other kontraxx inc supplied materials
In the event Kontraxx inc provides you with any materials in conjunction with your access and/or use of the Website and/or Services (collectively, "Kontraxx inc Materials"), Kontraxx Inc hereby grants you a non-exclusive, revocable, non-transferable, restricted license to use the Kontraxx Inc Materials in North America solely for your internal and personal use and strictly for the purposes disclosed to you by Kontraxx inc at or before the time of delivery of said Kontraxx Inc Materials. Such license may be revoked at any time by Kontraxx Inc by delivery of notice to you and, upon revocation of such license, you shall forthwith return the Kontraxx Inc Materials to kontraxx Inc. or securely
destroy same if requested to do so by Kontraxx Inc, all of which will be at your sole cost and expense.
If you are a contractor, service provider or supplier and Kontraxx member:
Kontraxx inc may from time to time make available to you certain Kontraxx badges (which may embed kontraxx trademarks) that may be displayed on your website and/or other marketing materials ("Badges"). Kontraxx inc may also from time to time make available to you certain other marketing aids such as decals and artwork that may also be used in terms of the marketing of the fact that you are a kontraxx inc member (the "Marketing Aids"). Finally, kontraxx inc may from time to time make available API and other code or software that will allow reproduction of certain Content on your website or other online platforms ("Interface Tools").
In the event kontraxx inc elects to provide any such kontraxx inc Materials to you, which in all instances will be in kontraxx inc(s) sole discretion, your use of such kontraxx inc Materials is subject to such additional terms and conditions as kontraxx inc may specify at the time of delivery or thereafter. Without limitation to the foregoing: (i) use of Badges and Interface Tools is limited to websites that are owned by you and that relate solely to your business as specifically outlined in your Profile; (ii) you may not use Badges, Marketing Aids and/or Interface Tools to directly or indirectly promote any third party or its goods and services; (iii) you may not use Badges, Marketing Aids and/or Interface Tools in a deceptive or misleading manner; (iv) you may not make Badges, Marketing Aids and Interface Tools available to any third party; (v) you may not republish or distribute any Content made available through any Interface Tools; and (vi) you must comply with all rules, policies and guidelines published by kontraxx inc from time to time in regard to the display and use of such kontraxx inc Materials including, without limitation, notice requirements.
8. User Privacy and Security Policy
Use of this Site is subject to the terms of kontraxx inc(s)Privacy Policy, accessible at www.kontraxx.com/privacy You recognize and agree that: (i) the Internet is not a secure medium, and neither the privacy of your communications, nor visits to this Website, can be guaranteed; (ii) the nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. KONTRAXX INC. SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF PRIVACY, DISCLOSURE OF INFORMATION, HARM, DAMAGE OR LOSS THAT MAY RESULT FROM YOUR TRANSMISSION OF ANY INFORMATION TO US IN ANY CONNECTION WITH THE WEBSITE AND/OR ANY SERVICE.
You agree that any collection, use, disclosure, storage, safeguarding, retention, alteration and destruction of any personal information you receive from any user of this Website will be in compliance with the Personal Information Protection and Electronic Documents Act (Canada)(USA)
as well as in compliance with any other applicable laws. Without limitation to the generality of the foregoing, you agree that any reply or rebuttal to Feedback, and any other content that you post or otherwise publish on the Website or in conjunction with your use of any Service, will comply with all such applicable laws and acknowledge and understand that the disclosure of any personal information is subject to certain restrictions, safeguards and prohibitions. You further acknowledge and understand that certain employee related information constitutes personal information in some jurisdictions and for individuals employed in certain industries or sectors, and that publication or disclosure of such information may be subject to restrictions, safeguards and prohibitions.
If you are an individual, by posting any Content that includes your personal information you hereby unconditionally and irrevocably consent to the posting and publication of such personal information on the Website for such period of time as your initial review, comments, anecdote, testimonial, feedback, endorsement rating, ranking, commentary or other Content which is the subject of the reply or rebuttal has been removed. You further unconditionally and irrevocably consent to such Content being associated with you on the Website. Likewise, if you include your personal information in any Content that you post on the Website you unconditionally and irrevocably consent to the reproduction, posting and publication on the Website of such personal information in any reply, rebuttal or editorial commentary in terms of such Content.
If you are an individual who is carrying on business under your personal name, if your business address is the same as your residential address, if any of your other business contact information is the same as your personal contact information (including, without limitation, your telephone number, your fax number and/or your e-mail address), or if you are a shareholder, partner, owner, principal, director, officer or employee of a particular business, you unconditionally and irrevocably consent to the publication and disclosure on the Website of such personal information in regards to any review, rating, listing, endorsement, testimonial, ranking, feedback, rebuttal or any other similar Content.
You must not attempt to disable or circumvent any security features or measures of the Website, including without limitation: (i) attempting to log into an account or server which you are not authorized to access or (ii) attempting to interfere with the operation of the Website and/or the delivery of the Services including, without limitation through means of a virus or flooding or otherwise overloading the Website's servers, or by any other means.
9. Indemnity
To the maximum extent permitted by applicable law, you will indemnify and hold Kontraxx Inc, its affiliates, its service providers and their respective directors, officers, employees, advisors, agents and other representatives, harmless from any damages, liability, costs, expenses, including reasonable legal fees, fines and other losses incurred or suffered by any of them as a result of: (i)
Content you submit, post, transmit or make available on or through the Website; (ii) your violation of this Agreement; (iii) your dealings with other users of the Website or the Services; (iv) any dispute you may have with any other user of the Website or other third party; or (v) your infringement, breach and/or violation of any third party rights, including, without limitation, any intellectual property rights and any trade secrets.
10. Termination or Modification of Service
Kontraxx inc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Service (or any part thereof) without notice. Likewise, kontraxx inc reserves the right at any time to modify or discontinue, temporarily or permanently, the operation of the Website (or any part thereof) without notice. You agree that kontraxx inc shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Service or of the Website.
11. Suspension of Account
You agree that kontraxx inc, in its sole discretion, may at any time suspend your Account (including, without limitation, any membership) or suspend your access to and use of the Website and/or of any Service, in the event it determines, in its sole discretion, that you have breached this Agreement or have otherwise acted inconsistently with the letter or spirit of this Agreement. Any reinstatement of your Account (including, without limitation, any membership) or above mentioned privileges will be in kontraxx inc sole discretion and subject to such conditions or additional requirements as kontraxx inc may determine in its sole discretion.
If your Account is suspended or terminated by kontraxx inc, kontraxx inc may provide you with limited access to the Website if Content is posted about you or your business and you provide us with a written request to such effect. In such circumstances, subject to authentication of your identity, kontraxx inc may grant you limited access to the Website and Services for the sole purpose of responding to such Content. Any such limited use of the Website and Services by you (including, without limitation, the posting of such response by you) is subject to this Agreement. KONTRAXX INC WILL NOT BE LIABLE FOR REFUSING OR OTHERWISE FAILING TO PROVIDE YOU WITH ANY LIMITED ACCESS TO THE WEBSITE EVEN IN THE CIRCUMSTANCES DESCRIBED ABOVE.
12. Products supplied from outside Ontario/ Alberta
You acknowledge and agree that certain goods and/or services available, discussed, posted, featured and/or advertised on the Website may be supplied by third parties resident and operating
outside the province of Ontario and/or may be hosted on computers located outside of the province of Ontario.
13. kontraxx inc proprietary rights
You acknowledge and agree that the Website, kontraxx inc Materials and any software provided by kontraxx inc or its licensors used in connection with your access and use of the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content is protected by intellectual property rights, including, without limitation, copyright, trademark, service mark, patent and/or other proprietary rights. Except as expressly authorized by Kontraxx Inc or its licensors, you agree not to decompile, reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, Kontraxx Inc Materials or any Service, whether in whole or in part, or otherwise attempt to discover the source code of any Kontraxx Inc Materials or any of the software available on or through the Website. Except as otherwise indicated elsewhere on this Website, you may view, download, modify and print the Content which you are authorized to access through your lawful use of the Website for your personal and internal use provided that: (i) your Account is in good standing and you are in compliance with this Agreement; (ii) you may not remove any copyright, trademark or other proprietary notices contained in or associated to the materials; (iii) any and all Content, including, without limitation, all leads, jobs, projects and other information generated, delivered, presented and/or otherwise made available to you may not be redistributed or provided to any third party. The rights granted to you under this Agreement are provided pursuant to a limited and conditional license and no rights are being transferred to you or otherwise provided to you on an exclusive basis. Kontraxx Inc reserves all rights not expressly granted to you herein.
You hereby grant to Kontraxx Inc is a perpetual, irrevocable, royalty-free, transferable, nonexclusive, worldwide license (with a right to grant unlimited sublicenses) to use, modify, reproduce, publish, republish, broadcast, translate, create derivative works of, synchronise, create compilations of, incorporate into other works, import, adapt and commercially exploit on any medium (whether in existence now or in the future) any Content you post or make available toKontraxx inc in conjunction with your use of the Website and/or Services (whether the foregoing is provided through the Website or otherwise) including, without limitation, Registration Data (collectively, "Your Posted Content"). You hereby waive any and all moral rights you may have anywhere in the world in Your Posted Content. You represent and warrant that you have all right, title and interest in Your Posted Content and that the posting, reproduction, publication and communication of same on or through the Website and/or through the Services, does not infringe any third party rights or any applicable laws. Without limitation to the generality of the foregoing, You hereby grant to Kontraxx inc a perpetual irrevocable, royalty-free, transferable, non-exclusive, worldwide license (with a right to grant unlimited sublicenses) to display and use Your trade name, as well as your logos and other
trademarks in marketing materials published or broadcast by Kontraxx inc and/or its service providers and agents in regard to the Website and/or Services. You also irrevocably consent to kontraxx inc referring to You as a current or past member of the Website and/or Service, as the case may be.
"kontraxx inc, kontraxx.com" and the kontraxx Logo are trademarks of Kontraxx inc. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners.
Kontraxx inc reserves the right to deny requests to remove any Content from the Website, including, without limitation, a member's Profile information. Kontraxx inc reserves the right to remove, redact, disclaim or qualify any Content (including, without limitation, Content posted by or relating to you) from the Website without notice or liability.
14. Term and Termination
This Agreement will remain in full force and effect until it is terminated. You may terminate this Agreement at any time, for any reason by following the instructions on the "Cancel membership" page located at www.kontraxx.com Please note that certain rights you have conferred to kontraxx inc and certain obligations you owe to kontraxx inc will continue to apply even after such termination (see below).
Kontraxx inc may terminate this Agreement at any time, for any reason, with or without explanation, effective upon kontraxx inc sending written or email notice to you.
Upon termination of this Agreement, your Account (including, any membership) will be forthwith terminated and all licenses granted to you herein shall forthwith expire.
All licenses you have granted to kontraxx inc will survive termination of this Agreement, including those relating to Content that you have provided. For clarity, kontraxx inc can continue to publish and display any comments, reviews, anecdotes, ratings, endorsements and other feedback that you have submitted or refer to You as a past member.
If you are a contractor, tradesmen, service provider or supplier:
If your Profile is the object of any user comments, reviews, testimonials, anecdotes, ratings, rankings, commentary or other Feedback, your Profile will NOT be deleted in conjunction with termination of this Agreement and will still be accessible, searchable and viewable on the Website, and may be subject to further Feedback. In the event that you later wish to respond to any such Feedback or post a rebuttal, you will need to reactivate your Account. You may reactivate
your Account by contacting us and satisfying such requirements as we may establish from time to time to validate your identity. You further understand that termination of this Agreement does not prevent the creation by third parties of a profile on the Website relating to you or your business, and the posting of reviews, testimonials, ratings, rankings, commentary and/or other Content relating to you, your business, your operations, your goods and services and/or your past conduct and interactions.
All limitations of liabilities, exclusions of liability, waivers, releases, indemnities and disclaimers provided under this Agreement will survive termination of this Agreement. Your obligations regarding kontraxx inc (s) confidential and/or proprietary information and/or Content, and your obligations to indemnify and hold kontraxx inc harmless will also survive termination of this Agreement. All licenses granted by you to kontraxx inc will also survive termination of this Agreement.
15. Governing Law and jurisdiction
You agree and acknowledge that your use of this Site will be deemed to have occurred and taken place solely in North America. You agree that this Agreement and any dispute relating to this Agreement will be governed in accordance with the laws of the province, state, country, without reference or application of principles and rules of conflict of laws. You expressly agree and consent to the exclusive forum, jurisdiction and venue of the courts of, Canada in any and all actions, disputes, or controversies relating to this Agreement and/or your access to and use of the Website, Content and/or any Service.
16. Language
The parties have requested that this Agreement and all documents contemplated hereby only be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient seulement rédigés en anglais.
17. Changes to this Agreement
Kontraxx inc may from time to time (and in its sole discretion) make changes to this Agreement by posting a revised version on the following webpage: www.kontraxx.com terms. Please review such webpage periodically to determine whether the last version of this Agreement which you have reviewed is still the most current version of the Agreement that binds you. Your continued use of the Website, Content and/or any Service shall constitute your acceptance to any modification to this Agreement. You may not make any changes to this Agreement.
If any provision of this Agreement is found to be unlawful, void or unenforceable, then such provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
ADDITIONAL TERMS AND CONDITIONS OF USE FOR PREMIUM MEMBERSHIPS
These terms and conditions apply in addition to the general Terms and Conditions of Use for the www.kontraxx.com website (the "Agreement"). All capitalized terms that are not defined in these additional terms will have the meaning provided to them in the Agreement.
Should you purchase a Membership, it will automatically be renewed for a renewal term equal to the original term unless you terminate your Term Membership (as provided under the Agreement) prior to the expiration of the then current term or renewal term.
Fees for a Term Membership will be charged to a credit card for which you are an authorized user (such credit card and any other substitute or replacement card is referred to as the "Credit Card"). You will be asked to provide credit card information when you register as a member. Likewise, if you wish to renew or extend your premium membership period, or order Services that generate a fee, you will be asked to provide credit card information. For your protection, we use a certified payment gateway and do not retain credit card information after completion of a transaction (such information is retained by the certified payment gateway and may be used for future authorized transactions).
Any renewal of a Term Membership with monthly payments will be at the fees that are in effect at the time of such renewal. Any renewal of a prepaid Term Membership will be at the fees in effect when the prepaid Term Membership was first purchased. The fees for the renewal of a prepaid Term Membership will be charged to the Credit Card as well the monthly fees for any Term Membership with monthly payments (which will continue to be payable in advance of the subscription month).
Each submission or order online for a Service for which a fee is charged is deemed to be an authorization to charge predetermined sums representing applicable statutory and service fees, charges, and applicable taxes to the Credit Card. You will be informed of the total charges and asked to confirm the transaction before it is charged to the Credit Card. You are responsible for all charges, fees and taxes incurred by you. Charges and fees will be at the rates established by kontraxx inc from time to time plus all additional applicable taxes.
Before submitting any request for goods and/or services or otherwise completing an online order (including, without limitation any purchase, renewal or extension of a premium membership), please verify that you have correctly entered the information in the request and/or order. We cannot refund
the cost of a Service if you have inputted the request incorrectly. Once a submission or order is submitted, there are NO REFUNDS, EXCHANGES OR CANCELLATIONS.
Any discount provided in conjunction with your purchase of multiple Services will be retroactively adjusted or rescinded in the event that you later decide to cancel or terminate one or more such Services and the resulting combination of Services would either not entitle you to such discount or would entitle you to a lesser discount. You will be responsible for payment of any rescinded discount or any reduction in a previously issued discount, and these will be applied to the Credit Card.
You are solely responsible for updating your contact, billing and credit card information during the term of any premium membership, including any renewal term. You shall promptly notify kontraxx inc if the Credit Card associated with your account is canceled, if such card is reported lost or stolen, or if you become aware that the security of such card has been compromised. You acknowledge that you will not receive a credit card or other payment statement unless you provide us with a valid email address.
If we are unable to collect the charges, fees and/or taxes from the Credit Card for any reason, you are responsible to pay kontraxx inc directly the fees, charges and taxes plus interest at the annual rate of 18% (calculated daily) and any other charges (including costs of collection) incurred by kontraxx inc. In such circumstances, we may also in our sole discretion and without limitation to any of our remedies exercise any one or more of the following remedies: (i) immediately suspend further access to the Website and related services and content; (ii) issue an invoice to you for the amount of such charges, together with accrued interest and costs of collection, which invoice will be immediately payable; (iii) assign any such unpaid accounts to a third party, including, without limitation, a collection agency; and/or (iv) report such non-payment to one or more credit rating agencies.
You are responsible for notifying kontraxx inc of any incorrect charges within thirty (30) days of receiving a statement or receipt from kontraxx inc. After any such thirty (30) day period, you shall forfeit any recourse to kontraxx inc to claim a credit.
All fees displayed on or through the Website are subject to change without notice, in kontraxx inc(s) sole discretion. Likewise, kontraxx inc reserves the right at any time to commence charging fees for Services which are presently offered for free and/or to increase any fees.
Term Memberships expire upon termination of the Agreement. If we terminate this Agreement other than as a result of you breaching its terms and conditions, we will refund all unused prepaid fees that you have paid in terms of any membership (and will pro rate any periodic membership fee in regard to the remaining portion of the membership period). In all other instances, you will not be entitled to receive any refund for any subscription payments you have made to kontraxx inc. Kontraxx inc will
not be liable to you in any other way or manner in the event of termination of this Agreement for any reason. By using this site you agree to our Terms of Use. Information submitted is subject to our Privacy Policy.