Terms of Use - Member Agreement
THIS AGREEMENT WAS LAST UPDATED ON JANUARY 17, 2008
1stHomeExchange.com and EchangeVacances.com are Web sites owned and operated by iBiz Avenue Inc.
This Agreement sets forth the terms and conditions which apply to the use by you of the iBiz Avenue Inc. Sites (as defined below) and any other subscription product or service offered for sale by iBiz Avenue Inc. The right to use any product or service offered by iBiz Avenue Inc. is personal to you and is not transferable to any other person or entity.
1. Definitions.
The iBiz Avenue Inc. Sites shall mean all areas and any subscription offered or available on the interactive online service operated by iBiz Avenue Inc. on the World Wide Web. The iBiz Avenue Inc. Sites consist of information services and content provided by iBiz Avenue Inc., affiliates of iBiz Avenue Inc. and third parties.
The term Community Areas means the home exchange listings, resource listings, Member Areas, bulletin boards and other user participatory areas on the iBiz Avenue Inc. Sites.
2. General.
ACCEPTANCE OF TERMS
By using the iBiz Avenue Inc. Sites in any way, you are agreeing to comply with this agreement. In addition, when using the Community Area, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of this agreement, any guidelines, or any subsequent modifications thereto or become dissatisfied with the iBiz Avenue Inc. Sites in any way, your only recourse is to immediately discontinue use of the iBiz Avenue Inc. Sites.
MODIFICATIONS TO IBIZ AVENUE INC. SITES
iBiz Avenue Inc. shall have the right at any time to change or discontinue any aspect or feature of the iBiz Avenue Inc. Sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Website, Community Areas or notification by e-mail. Any use by you of the iBiz Avenue Inc. Sites after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions.
MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter the terms and conditions of this agreement (Terms of Use) and the Disclaimer agreement at any time. Such modifications shall become effective immediately upon the posting thereof.
You agree to review the terms and conditions of this Agreement (Terms of Use) and the Disclaimer periodically to be aware of such revisions.
3. Use of the iBiz Avenue Inc. Sites and the Community Areas.
(a) The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in iBiz Avenue Inc.'s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with iBiz Avenue Inc.'s express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by iBiz Avenue Inc.
(b) The iBiz Avenue Inc. Sites and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the iBiz Avenue Inc. Sites are copyrighted as a collective work under the Canadian copyright laws. iBiz Avenue Inc. is the owner of the copyright in the entire iBiz Avenue Inc. Sites. iBiz Avenue Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the iBiz Avenue Inc. Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the iBiz Avenue Inc. Sites without the express permission of iBiz Avenue Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the iBiz Avenue Inc. Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the iBiz Avenue Inc. Sites owned by iBiz Avenue Inc. shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. iBiz Avenue Inc. will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. Any copying, republication or redistribution of iBiz Avenue Inc. Sites content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of iBiz Avenue Inc. iBiz Avenue Inc. shall not be liable for any errors in content or for any actions taken in reliance thereon.
(c) You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
(d) You hereby grant to iBiz Avenue Inc. and any respective affiliates, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any offer and message posted in the Community Areas and/or any e-mail sent by you to iBiz Avenue Inc. (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
(e) You may not (I) select or use a member name or e-mail address of another person with the intention of impersonating that person; (II) use a member name or e-mail address of anyone else without authorization; (III) use a member name in violation of the intellectual property rights of any person; or (IV) use a member name that iBiz Avenue Inc. considers to be offensive.
(f) You shall provide iBiz Avenue Inc. with accurate, complete and updated information provided by you at the time of registration.
(g) The iBiz Avenue Inc. Sites contain links to other web sites, resources and advertisers. iBiz Avenue Inc. is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall iBiz Avenue Inc. be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
(h) You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the iBiz Avenue Inc. Sites and Community Areas and all charges related thereto.
(i) The foregoing provisions of this Section 3 are for the benefit of iBiz Avenue Inc., its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
(j) iBiz Avenue Inc. has carefully designed the iBiz Avenue Inc. Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the iBiz Avenue Inc. Sites in any way that interferes with that purpose. In particular, iBiz Avenue Inc. prohibits any party from displaying the content on the iBiz Avenue Inc. Sites in any format where third party advertising or other materials that iBiz Avenue Inc. did not authorize is viewed or viewable together with iBiz Avenue Inc.'s proprietary content.
4. Monitoring.
iBiz Avenue Inc. shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by iBiz Avenue Inc. from time to time. iBiz Avenue Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, iBiz Avenue Inc. shall have the right, but not the obligation, to remove any material that iBiz Avenue Inc., in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of iBiz Avenue Inc., users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither iBiz Avenue Inc. nor any of its affiliates shall assume or have any liability for any action or inaction by iBiz Avenue Inc. with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
5. Disclaimer of Warranty; Limitation of Liability
(a) YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE IBIZ AVENUE INC. SITES IS AT YOUR SOLE RISK. NEITHER IBIZ AVENUE INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE iBiz Avenue Inc. SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE IBIZ AVENUE INC. SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE COMMUNITY AREAS.
(b) THE IBIZ AVENUE INC. SITES AND THE COMMUNITY AREAS ARE PROVIDED ON AN 'AS IS', 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(c) THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 5 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT IBIZ AVENUE INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(d) IN NO EVENT WILL IBIZ AVENUE INC. OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE IBIZ AVENUE INC. SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE IBIZ AVENUE INC. SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON THE IBIZ AVENUE INC. SITES AND/OR THE COMMUNITY AREAS. IBIZ AVENUE INC.'S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO IBIZ AVENUE INC.
(e) IBIZ AVENUE INC. NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE IBIZ AVENUE INC. SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED IBIZ AVENUE INC. EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL IBIZ AVENUE INC. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE IBIZ AVENUE INC. SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE IBIZ AVENUE INC. SITES AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
(f) IBIZ AVENUE INC. DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE IBIZ AVENUE INC. SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IBIZ AVENUE INC. MAKES PRODUCTS OR SERVICES AVAILABLE ON THE IBIZ AVENUE INC. SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(g)YOU AGREE THAT IBIZ AVENUE INC. SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY EXCHANGE. IF THERE IS A DISPUTE BETWEEN MEMBERS OR USERS OF THE IBIZ AVENUE INC. SITES, YOU UNDERSTAND AND AGREE THAT IBIZ AVENUE INC. IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU HEREBY RELEASE IBIZ AVENUE INC., ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
6. Indemnification.
You agree to defend, indemnify and hold harmless iBiz Avenue Inc., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the iBiz Avenue Inc. Sites and/or the Community Areas.
7. Termination.
iBiz Avenue Inc. shall have the right to immediately terminate this Agreement with respect to any user which iBiz Avenue Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8 and 10 shall survive termination of this Agreement.
8. Trademarks.
All trademarks appearing on the iBiz Avenue Inc. Sites are the property of their respective owners, including, in some instances, iBiz Avenue Inc.
9. Subscription Services; Products.
(a) Subscription Services. iBiz Avenue Inc. makes available to users certain online subscription services, and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to any subscription service or services offered by iBiz Avenue Inc. on the iBiz Avenue Inc. Sites (the 'Subscription'):
i. Subscription Terms. The Subscription will continue until the expiry date. If applicable, you authorize iBiz Avenue Inc. to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. If you subscribed for a term of one (1) year or more, you will be notified by iBiz Avenue Inc. before the account designated by you is charged after the first term. Current fees may be obtained by going to the Fees page. You are responsible for any charges associated to connecting to the iBiz Avenue Inc. Sites, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide iBiz Avenue Inc. with accurate, complete and updated information as to your name and e-mail address and credit card account information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.
ii. Changed Terms. iBiz Avenue Inc. shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the iBiz Avenue Inc. Sites a revised version of this Agreement or notification by e-mail or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in subsection iii below. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
iii. Termination. Either you or iBiz Avenue Inc. may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of iBiz Avenue Inc. in operating the iBiz Avenue Inc. Sites and/or the Community Areas, (ii) content available through the Subscription or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending notice to iBiz Avenue Inc. by e-mail sent to our Contact Us Form. Notice of termination will be effective upon receipt by iBiz Avenue Inc. Without limiting the foregoing, iBiz Avenue Inc. shall have the right to immediately terminate this Agreement with respect to any user which iBiz Avenue Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or canceled, no refund of any fees, including monthly or yearly membership fee, will be granted. The provisions of Sections 5, 6, 7, 8 and this Section 10 shall survive termination of this Agreement. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part.
(b) Products and Other Services. With respect to products and services offered for sale by iBiz Avenue Inc. and third parties or through the iBiz Avenue Inc. Sites: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
10. Miscellaneous.
This Agreement and any operating rules for the iBiz Avenue Inc. Sites and the Community Areas established by iBiz Avenue Inc. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Province of Quebec Canada, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
