This Agreement is an electronic contract. Access to and use of this X-Matcher’ website (the “Site”) is subject to you agreeing, by your use of this Site, to accept X-Matcher’ Privacy Code, and to the terms and conditions set out below (collectively, the Terms and Conditions ). If you do not accept and agree to be bound by such Privacy Code and all the Terms and Conditions of this Agreement, please do not access or use this Site.
These Terms and Conditions shall manage and affect your use of this Site. You must not use this Site if you disagree with any of these Terms and Conditions or with our Privacy Code.
If you are a child, under the age of majority in your jurisdiction of residence, or a minor under the age of 18 in Canada, you are not entitled in law to be on this Site.
This Site is intended for use in Canada. You will only use this Site in a manner consistent with this Agreement and all applicable local, provincial, national and international laws and regulations. Registration, if any, for and/or use of this Site are void where prohibited. You are responsible for determining whether the use of this Site is legal in your jurisdiction.
Please review this Agreement carefully, including the Arbitration provision in Paragraph 14, which describes how any disagreements will be resolved between us, and further provides that no class actions may be brought under this Agreement.
X-Matcher and its logo, if any, are trademarks or registered trademarks of X-Matcher. The services and products described in this Site may be trademarks or registered trademarks of its providers or advertisers (individually “Provider” and collectively “Providers”), and may not be copied, imitated or used, in whole or in part, without the prior written permission of X-Matcher. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of X-Matcher, and may not be copied, imitated or used, in whole or in part, without the prior written permission of X-Matcher. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
You, whether a Provider, Site member (“Member”) or any other person looking for any Provider service or a product (individually the “User” and collectively the “Users”), acknowledge that all content included on this Site, including any information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively the "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of X-Matcher or the Providers.
In addition, all Site materials, including, without limitation, the X-Matcher logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2019 X-Matcher. ALL RIGHTS RESERVED.
Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of X-Matcher or the respective copyright owner. So long as you are a Provider registered on this X-Matcher Site permission is granted to display the words “X-Matcher registered” on your own website for your personal and informational use only; provided that you may not, without the permission of X-Matcher or the respective copyright owner:
a. copy, publish or post any other words or materials on any computer network or broadcast or publications media,
b. modify the materials; or
c. remove or alter any copyright or other proprietary notices contained in the materials.
X-Matcher’ Site and its contents are the property of X-Matcher or the Provider(s) and are protected, without limitation, pursuant to Canadian and foreign copyright and trademark laws. So, other than the content you own, under these Terms and Conditions, X-Matcher owns all the intellectual property rights and materials contained in this Site.
You are granted limited license only for purposes of advertising or viewing the material contained on this Site.
This X-Matcher’ Site is controlled and operated by X-Matcher. Its head office is in the Province of Quebec, Canada. If you choose to access this Site from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without giving effect to any principles of conflicts of law. Subject always to any provision for mandatory arbitration set out in Paragraph 14 of these Terms and Conditions , you agree that any action at law or in equity arising out of or in connection with these Terms and Conditions or X-Matcher Site shall be filed only in the provincial or federal courts located in Quebec, Canada and you hereby submit to the nonexclusive jurisdiction of such courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of X-Matcher’ Site or the Terms and Conditions must be filed within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably barred.
In addition, to the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably barred.
In addition, to the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably barred.
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against X-Matcher. and/or X-Matcher related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.
You must select a username and password when completing any registration process.
As a Provider, to be able to post advertising on this X-Matcher Site, you will be required to register. Should you choose to register, you agree to provide accurate and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be solely responsible for:
(i) maintaining the confidentiality of any username and password or other account identifiers which you choose or are assigned as a result of any registration on this X-Matcher’ Site, and
(ii) all activities that occur under such username and password or account.
You agree that you will not choose a name that may represent you as someone else or that may otherwise violate some third party’s rights. We may refuse to grant you a Username/Nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (“post”) on this Site or transmit to Members or other Users, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”).
Your username and password are not transferable and may not be assigned. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Paragraph 4.
X-Matcher simply has a direct contractual advertising relationship with the Provider for a minimal monthly amount per advertisement (not per booking, which X-Matcher does not control in any manner whatsoever). In turn, you, as a User or Member, contact or book with a Provider directly. X-Matcher does not act as an intermediary between you and the Provider. The information disclosed on this Site regarding each Provider is based on the information provided to X-Matcher by that Provider. While X-Matcher has exercised due care in attempting to check the most basic identity information provided by any Provider, X-Matcher cannot guarantee that all information is accurate, complete and correct, nor can X-Matcher be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Site or the Provider’s booking system), inaccurate, incomplete, misleading or untrue information (including, but not limited to, inaccuracies relating to Provider photographs, Provider descriptions, and Provider services) or non-delivery of information. Each Provider remains responsible at all times for the accuracy, completeness and correctness of the information shown or displayed on our Site.
X-Matcher shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received between Providers, Members and other Users, or through any use, directly or indirectly, of this Site.
X-Matcher does not endorse, encourage, recommend or arrange communications or meetings among Users, or any other persons. All contact information with a Provider is Provider posted. You are expected to exercise common sense and take appropriate measures and precautions to insure your own personal safety and privacy if you choose to communicate with, or meet with, any person advertising on or accessing this Site.
You assume all risk when using this Site, including but not limited to all the risks associated with any interactions between, or with the conduct of, an individual Provider, Member or other User.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available on this Site ("Postings"). X-Matcher HAS NO RESPONSIBILITY FOR POSTINGS. However, X-Matcher retains the right, which it may or may not exercise, in its sole discretion, to review, edit, refuse or delete any Postings for any reason whatsoever. X-Matcher will not be liable to you or any third-party for any modification or discontinuance of your Postings.
You acknowledge and agree that X-Matcher may preserve Postings and may also disclose any information as necessary to satisfy, whether in Canada or abroad, any law, regulation or governmental request, comply with legal process, enforce these Terms and Conditions or to protect itself, its Users and/or the public.
X-Matcher grants you a limited, personal, non-transferable, non-sublicensable, revocable licence to make personal use only of the Site in accordance with this Agreement. Such grant does not include, without limitation:
a. any resale of the Site or content therein;
b. the collection and use of any product listings or descriptions;
c. making derivative uses of the Site and its contents;
d. using any meta tags or any other "hidden text" utilizing a X-Matcher name without X-Matcher express written consent; or
e. use of any data mining, robots or similar data gathering and extraction methods.
Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of X-Matcher or any third party. You may not use, frame or utilize framing techniques to enclose any X-Matcher trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without X-Matcher express written consent. The right to use the Site is personal to you and is not transferable to any other person or entity.
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. By contributing any Postings to X-Matcher’ Site, you give (or warrant that the owner of such rights has expressly given) to X-Matcher a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such content anywhere on any websites in whole or in part owned, controlled or operated by X-Matcher, for any similar purpose and in any form, media or technology now known or later developed, without any compensation to you. In addition, you acknowledge and agree that you have waived absolutely any moral rights, and any similar rights, in any jurisdiction in the world in respect of your Postings. You further agree that X-Matcher is free to use any ideas, concepts, know-how, or techniques contained in any of the Postings for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without compensation to you.
Without limiting the generality of the foregoing, you, as a Provider, Member, or any other User, also agree not to:
a. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including, without limitation, rights relating to privacy and publicity;
b. include any Postings that are inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful;
c. denigrate a class of people because of their race, religion, country of origin, sexual orientation or gender;
d. depict violent or criminal acts, or seek to incite violence or crime;
e. relate or pertain to any "hate group," for example, groups that are organized in part to promote the oppression of or assert the supremacy of any class of people;
f. include a photograph of another person or personal information of another person or use that person's correspondence, diaries or personal documents without that person's consent;
g. post, transmit, link to, or otherwise distribute any Postings that involve or promote commercial activities beyond those X-Matcher accepts for advertising or seek solicitations on behalf of charities or donations of any kind, including but not limited to, promoting any contests, sweepstakes, barter, other advertising, any franchise, pyramid scheme, multi-level marketing opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity;
h. infringe any proprietary or other rights of third parties, including any copyright, trademark, patents, trade secrets, privacy or other proprietary or property right;
i. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand or to otherwise in any manner whatsoever disrupt the Provider;
j. disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or linked websites;
k. use this Site or its Content for any commercial purpose that is not personal to the Provider individual or entity;
l. disrupt or interfere with any other User’s enjoyment of the Site or affiliated or linked websites;
m. upload, post or otherwise provide, create or transmit through or on this Site any computer viruses or other harmful, disruptive or destructive files;
n. use or attempt to use another’s account, service or system without authorization from X-Matcher, or create or use a false identity on this Site;
o. transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
p. use or access the Site in any way that, in the sole and absolute determination of X-Matcher, adversely affects the performance or function of the Site;
q. attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
r. further or promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to, making or buying illegal weapons, or violating someone's privacy;
s. do anything that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; and
t. assist any third party in doing any of the foregoing.
You acknowledge that, although the Internet is often a secure environment, there are sometimes interruptions in service or events that are beyond the control of X-Matcher, and X-Matcher shall not be responsible for any data lost while transmitting information on the Internet. Despite X-Matcher efforts to keep the site accessible continuously, this Site may be unavailable from time to time for any reason, including, without limitation, maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of X-Matcher, access to the Site may be interrupted, suspended or terminated from time to time.
You also acknowledge that while X-Matcher strives to use commercially acceptable means to protect your personal information, no method of transmission over the Internet, or method of electronic storage, is 100% secure and therefore we cannot guarantee its absolute security. To the extent permitted by law, X-Matcher makes no representation or warranty with respect to the sufficiency of the security measures used for data handling and storage. X-Matcher assumes no liability for disclosure of personal information due to, among other things, errors in transmission, security breaches or unauthorized third parties.
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site, electronic mail, text message or by telephone.
10. Copyright Policy and Copyright Agent
If you believe that X-Matcher or any User of our site has infringed your copyright in any material way, please notify X-Matcher, and provide the following information:
a. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
b. An identification of the copyrighted work claimed to have been infringed.
c. An identification of the material that you claim is infringing so that we may locate it on the site.
d. Your address, telephone number and email address.
e. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
f. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
X-Matcher Copyright Agent can be reached at firstname.lastname@example.org.
You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray X-Matcher or any of its Providers or other advertisers, products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a X-Matcher’ logo or other proprietary graphic or trademark of X-Matcher to link to this Site without the express written permission of X-Matcher. This limited right may be revoked at any time.
Users may, through hypertext or other computer "links”, gain access to other sites on the Internet which are not part of this X-Matcher’ Site and which are not controlled by X-Matcher.
X-Matcher makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of X-Matcher and X-Matcher is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. X-Matcher is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by X-Matcher of the site or any information contained therein. When leaving the X-Matcher’ Site, you should be aware that these Terms and Conditions no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Unless otherwise expressly indicated on this Site, X-Matcher is not sponsored by or affiliated with the linked sites, and trademarks used in connection with linked sites are not trademarks of X-Matcher.
X-Matcher ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF X-Matcher SITE WHICH MAY BE ACCESSED THROUGH ANY SUCH LINK.
To the extent permitted by law, this Agreement and the provision of our advertising services or products shall be governed by and construed in accordance with Province of Quebec law. By using this Site, you agree that any and all disputes, claims or controversies that you may have against X-Matcher or any of the Covered Parties (defined in Paragraph 16 below) arising out of or relating to or connected in any way to (i) your use of this Site (ii) any services or products purchased from or provided by X-Matcher or (iii) this Agreement (including the interpretation and scope of this clause and the arbitrability of the dispute), shall be resolved exclusively by mandatory, binding arbitration initiated through and administered by ICDR Canada in accordance with its Canadian Arbitration Rules.”
You further agree that arbitration will be conducted by a single arbitrator pursuant to the applicable Rules and Procedures established by ICDR Canada, and that any arbitration proceeding, if necessary, will be held in Montreal, Quebec or at such other location as may be mutually agreed upon by X-Matcher and you. The language of the arbitration shall be French. There will be no right or authority for any claims to be arbitrated on a class action or representative basis.
You understand and agree that, by accepting these Terms and Conditions, you and X-Matcher (and any Covered Party) are each waiving the right to a trial by a judge or by a jury or to participate in a class action with respect to the claims covered by this mandatory arbitration provision. You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury.
All claims you bring against X-Matcher must be resolved in accordance with this arbitration provision. All claims filed or brought by you contrary to this provision will be considered improperly filed and void. Should you file a claim contrary to this arbitration provision, X-Matcher will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to promptly withdraw the claim after receiving written notice from X-Matcher, X-Matcher may recover its reasonable lawyers’ or attorneys’ fees and costs incurred to enforce this arbitration provision.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by ICDR Canada, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein.
Notwithstanding the foregoing, X-Matcher reserves the right to pursue the protection of intellectual property rights and confidential information and to stop other illegal activities through injunctive relief or other equitable relief through the courts.
TO THE FULLEST EXTENT PERMITTED BY LAW, X-Matcher IS PROVIDING THIS X-Matcher’ SITE ON AN "AS IS" AND “AS AVAILABLE” BASIS AND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS X-Matcher’ SITE, ITS CONTENTS, OR ANY WEB SITE OR CONTENT WITH WHICH THIS X-Matcher’ SITE IS LINKED OR WHICH IS PROVIDED IN CONNECTION WITH THIS X-Matcher’ SITE. X-Matcher DOES NOT WARRANT THAT THE FUNCTION OF THIS X-Matcher’ SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT X-Matcher’ SITE OR ITS SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL X-Matcher BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF X-Matcher HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS X-Matcher SITE, ITS CONTENTS, OR ANY WEBSITE OR CONTENT WITH WHICH THIS X-Matcher SITE IS LINKED OR WHICH IS PROVIDED IN CONNECTION WITH THIS X-Matcher SITE. IN NO EVENT SHALL X-Matcher TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR POSTING ON THIS SITE OR OTHERWISE ACCESSING THIS SITE AS A MEMBER OR OTHER USER.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL X-Matcher., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING X-Matcher’ CONTENT OR RELATED SERVICES (COLLECTIVELY THE "COVERED PARTIES") BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE OR ANY PRODUCTS OR SERVICES OBTAINED THORUGH ANY INFORMATION CONTAINED ON THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES.
THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, THE ADVERTISERS ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT OR DELAY DUE TO AN ACT, ERROR OR OMISSION OF AN ADVERTISER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF AN ADVERTISER, OR AN ACT OF GOD. THE COVERED PARTIES SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE OR OTHER CAUSES WHETHER OR NOT BEYOND THEIR DIRECT OR INDIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IF, NOTWITHSTANDING THE ABOVE, A COVERED PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THIS SITE, USER AGREES THE LIABILITY OF ANY SUCH PARTY SHALL IN NO EVENT EXCEED THE ADVERTISING, MEMBERSHIP OR PRODUCT TRANSACTION FEES ASSESSED BY X-Matcher ON THIS SITE. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES.
IF A PROVINCE OR OTHER JURISDICTION DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS X-Matcher., AND ITS OTHER COVERED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION OR DEMANDS, LOSSES, FINES, PENALTIES, DAMAGES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL, EXPERT AND ACCOUNTING FEES) MADE OR INCURRED OR BROUGHT BY ANY THIRD PARTY ARISING OUT OF OR IN ANY WAY RELATING TO:
A. YOUR CONDUCT;
B. YOUR USE OF THIS SITE;
C. YOUR BREACH OF THIS AGREEMENT OR ANY DOCUMENTS REFERRED TO IN THIS AGREEMENT; OR
D. YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you.
X-Matcher reserves the right at any time, in our sole discretion, for any reason whatsoever, to:
a. modify or discontinue, temporarily or permanently, all or any portion of our advertising service without prior notice and without refund;
b. modify or discontinue, temporarily or permanently, all or any portion of our User membership, if any, without prior notice and without refund;
c. suspend or terminate your password, account, or use of this X-Matcher Site and remove and discard any Postings at its convenience or for any reason; and
d. block or prevent future access to and use of this Site.
You further agree X-Matcher will not be liable to you or to any other person because of any such any modification, discontinuance, suspension, termination, blockage or access prevention.
Any headings in bold are for convenience of reference only and do not form part of the Terms and Conditions for this Site. Any defined terms highlighted in bold relate to the first use of such defined term(s) or word(s) and such first highlighting in bold is only for convenience of reference
If any provision of these Terms and Conditions shall be deemed unlawful, invalid, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in French and English. Les parties ont demandé que les modalités d'utilisation ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
X-Matcher is permitted to revise these Terms and Conditions at any time as it sees fit, and by using this Site you are expected to review these Terms and Conditions on a regular basis.
X-Matcher is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions
These Terms and Conditions constitute the entire agreement between X-Matcher and you in relation to your use of this Site, and supersede all prior agreements and understandings.
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