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Terms

The following terms and conditions shall apply to all users of the serviceberry.com website.

  1. Serviceberry.com is owned and operated by MultidexDirect Ltd., a company incorporated under the laws of Ontario and having its head office at Waterloo, Ontario.

  2. Email accounts at serviceberry.com are powered by third-party software referred to as @Mail or AtMail.

  3. All users of email accounts offered through serviceberry.com consent to the hosting and maintenance of their account(s) by an Internet Service Provider authorized by us and the communication of information with said ISP for the purpose of providing this service where necessary. At the time of registration for an email account, you will have an opportunity to opt out of this third party service by choosing not to register for the service.

  4. MultidexDirect reserves the right to delete email accounts or the information contained therein if the account is inactive for a period of ninety (90) days.

  5. MultidexDirect reserves the right to restrict the size of email accounts and the number of outgoing messages and to change, alter or amend these restrictions without notice.

  6. You understand and agree that use of serviceberry.com's services are at your own risk, that any material and/or data downloaded or otherwise obtained through the use of serviceberry.com's services is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

  7. MultidexDirect assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or any other material submitted to or via our website.

  8. Users alone are responsible for the contents of the messages they communicate when using our services as well as the consequences of any such messages. You agree that you will not use our services for chain letters, junk mail, "spamming" or commercial solicitations or to engage in illegal activities. You further agree not to use our services to send any messages or material that is unlawful, gives rise to civil liability or otherwise violates any policies or standards described in our site.

  9. You are responsible for maintaining the confidentiality of all password(s) and/or account(s). You are also responsible for all uses of your account(s), whether or not authorized by you expressly or impliedly.

  10. You understand and accept that services and information at serviceberry.com are provided "as is" with no representations or warranties of any kind, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, MultidexDirect makes no representations or warranties that any information or content provided herein is accurate, complete, or authentic and MultidexDirect shall have no liability whatsoever for information or content provided by third parties.

  11. Any information, logos, graphic images, advertising or other material submitted to serviceberry.com will be reproduced as close to the original image as possible. MultidexDirect assumes no liability for changes in size, colour, font, or other characteristics required in order to display the information or material.

  12. All listings provided at serviceberry.com are intended for individual use only. Any copying, transmission, redistribution or use for commercial purposes in or whole or part of any listing without the consent of the provider of the listing information and MultidexDirect Ltd. is expressly prohibited.

  13. All listings are subject to approval before release to the public portion of the site. MultidexDirect reserves the right to refuse, at its sole discretion, any listing that it considers inappropriate.

  14. All real estate listings are advertisements only and do not constitute an offer. The laws regarding real property require that all agreements of purchase and sale be in writing and signed by the parties. Any person wishing to obtain more information or make an offer with respect to a given property should contact the person designated in the listing for that purpose.

  15. MultidexDirect makes no representations or warranties regarding the fitness of real estate properties listed at serviceberry.com and shall have no liability whatsoever for information or content provided with respect to any real estate listing. It is the responsibility of interested parties to make all necessary inquiries regarding real estate properties and recommend that you contact your lawyer for assistance.

  16. MultidexDirect will not be liable for any direct, indirect, incidental, special, exemplary, consequential or punitive damages of any kind resulting from the use of, or the inability to use serviceberry.com's services, resulting from any goods or services purchased or obtained or messages received or transactions entered into through serviceberry.com's services, resulting from loss of, unauthorized access to or alteration or a user's transmissions or data or for the cost or procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data or other intangibles, even if MultidexDirect has been advised of the possibility of such damages.

  17. You agree to indemnify and hold harmless MultidexDirect, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including but not limited to lawyers' fees) arising from your use of serviceberry.com's services, your violation of the herein contained Terms & Conditions or your infringement, or infringement by any other user of your account(s), of any intellectual property or other right of any person or entity.

  18. These Terms & Conditions will enure to the benefit of MultidexDirect's successors, assigns and licensees.

  19. MultidexDirect reserves the right to modify or discontinue its services, directory listings, real estate listings, advertising or email accounts with or without notice, without liability to you, any other user or any third party. We reserve the right to terminate your services if we learn that you have provided us with false or misleading information, interfered with other users or the administration of serviceberry.com's services, or violated these Terms & Conditions. We further reserve the right modify any information, content or services at any time without notice.

  20. These Terms & Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions or your actual province, state or country of residence.

  21. If any section or portion of a section of these Terms & Conditions is determined by a court of competent jurisdiction to be unenforceable or invalid for any reason, that unenforceability or invalidity shall not affect the remainder of the Terms & Conditions which shall continue in full force and effect.

  22. Unless stated otherwise, all monetary amounts shall refer to the lawful money of Canada. Applicable taxes will be applied to all charges at the time of sale.

  23. Unless stated otherwise, all payments for services are due in advance. Customers may terminate service prior to the end of the stipulated period of the contract; however, no refund will be issued for the unused period of the contract.

  24. All credit card payments are processed by Paradata Systems and by applying for any services requiring payment you hereby consent to the processing of said payment by Paradata Systems and agree to be bound by all Terms & Conditions required by them.

  25. Words importing the singular number shall include the plural and vice versa, and wording importing the use of any gender shall include the masculine, feminine and neuter genders and the word "person" shall include an individual, a trust, a partnership, a body corporate, an association or other incorporated or unincorporated organization or entity.

  26. These Terms & Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements whether written, oral or electronic, regarding such subject matter. Any waiver of any provision of the Terms & Conditions will be effective only if in writing and signed by an authorized representative of MultidexDirect Ltd.


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