PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY Cartizan. ("CARTIZAN"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.CARTIZAN.COM (THE "SITE") AND ALL SERVICES PROVIDED BY CARTIZAN ON THE SITE.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors (“Artizans”) merchants, contributors of content, information and other materials or services on the Site. The Terms of Use may be updated by us periodically without notice to you.
If you have any questions, please contact support@cartizan.com
Cartizan provides users who comply with Cartizan's policies, access to resources including directories of local Cartizans, listings of local craft sales and applicable information, articles, personalized artizan content and other informative tools. Artizans can advertise to local buyers and show examples of their goods for sale. Cartizan is not directly involved in any transactions between buyers and sellers. As a result, Cartizan has no control over the quality, safety, morality or legality of any aspect sample items, the truth or accuracy of the sample items, the ability of Artizans to sell items or the ability of buyers to pay for items. Cartizan does not pre-screen users or the content or information provided by users. Consequently, Cartizan does not transfer legal ownership of items from the seller to the buyer. The services that Cartizan also may include advertisements and that these advertisements are necessary for Cartizan to provide the service. You also understand and agree that the service may include communications from Cartizan such as service announcements, administrative messages and the Cartizan Newsletter, and that these communications are considered part of Caritzan membership and that you will not be able to opt out of receiving them. Cartizan provides it’s service “as is” and assumes no responsibility for timelines, deletion, mis-delivery or failure to store any user communications or personalization settings. The user is responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Cartizan cannot guarantee the true identity, age, and nationality of a user. Cartizan encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Cartizan is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Cartizan. You use the Cartizan service at your own risk.
Age: Cartizan's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under the laws of Canada or other applicable jurisdiction. You represent and warrant that you are at least 18 years old. Individuals under the age of 18 must at all times use Cartizan's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by Cartizan's policies as stated in the Terms of Use and the Cartizan policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Cartizan, each of which is incorporated herein by reference and each of which may be updated by Cartizan from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions publicized by Cartizan from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into the Terms of Use by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Cartizan of any unauthorized use of your password or any breach of security. You also agree that Cartizan cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Cartizan without Cartizan's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. All registration information you submit must be (1) true, accurate, current and complete as prompted by the registration form (“Artizan Registration”) (2) maintained and the Artizan Registration be promptly updated to keep the data true, accurate, current and complete. Cartizan may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. . If you provide any information that is untrue, inaccurate, not current or incomplete, or Cartizan has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cartizan has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Account Transfer: You may not transfer or sell your Cartizan account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Cartizan's services are not available to temporarily or indefinitely suspended Cartizan members. Cartizan reserves the right, in Cartizan's sole discretion, to cancel unconfirmed or inactive accounts. Cartizan reserves the right to refuse service to anyone, for any reason, at any time.
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Canada and/or other countries for storage, processing and use by Cartizan and its affiliates.
You are solely responsible for your conduct and activities on and regarding to Cartizan and any and all data, text, information, usernames, software, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Cartizan. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Cartizan does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Cartizan be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You acknowledge that Cartizan may or may not pre-screen Content, but that Cartizan and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Cartizan and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Cartizan or submitted to Cartizan. You acknowledge, consent and agree that Cartizan may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Cartizan, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Cartizan and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Restricted Activities: Your Content and your use of Cartizan shall not:
Furthermore, you may not list any item on Cartizan (or consummate any transaction that was initiated using Cartizan's service) that, by paying to Cartizan the listing fee or the final value fee, could cause Cartizan to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
Joining Cartizan has three stages of membership. Signing up as a Regular Artizan is free. This includes your basic Artizan contact information listed in alphabetical order under your appropriate category(ies). Signing up as a Backstage Artizan is $10.00CDN/month. This includes the same type of listing as Regular Artizans, but gives you access to the craft sale directory, and Artizan Mail which includes information valuable to the local crafter. Signing up as a Sponsor Artizan is $40.00CDN/month.This includes everything a Backstage and Regular Artizan receives, but changes your listing to a more prominent place in the site. Cartizan's fees are subject to change if Cartizan provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Cartizan may choose to temporarily change the fees for Cartizan’s services for promotional events (for example, first month free for new Artizans); such changes are effective when Cartizan posts the temporary promotional event on the Site. Cartizan may, at Cartizan's sole discretion, change some or all of Cartizan's services at any time. In the event Cartizan introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian Dollars (CDN). You are responsible for paying all fees and applicable taxes associated with using Cartizan. Cartizan uses PayPal to keep accepted payment information on file, and does not store any Credit Card information on our servers.
Fees and Termination: If Cartizan terminates your account, if you close your account, or if the payment of your Cartizan fees cannot be completed for any reason, you remain obligated to pay Cartizan for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Cartizan.
You agree to indemnify and hold Cartizan and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Cartizan, use of Cartizan, or access to Cartizan.
Cartizan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Cartizan shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Cartizan may, under certain circumstances and without prior notice, immediately terminate your Cartizan account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Cartizan account includes (a) removal of access to all offerings within the Service, including but not limited to Contests, Newsletters, Message Boards, Account Information (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Cartizan’s sole discretion and that Cartizan shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Cartizan shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Cartizan has no control over such sites and resources, you acknowledge and agree that Cartizan is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Cartizan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Cartizan or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Cartizan AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Cartizan AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Cartizan OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
License: Cartizan does not claim ownership rights in your Content. You grant Cartizan a license solely to enable Cartizan to use any information or Content you supply Cartizan with, so that Cartizan is not violating any rights you might have in that Content. You grant Cartizan a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Cartizan to store or re-format your Content on Cartizan and display your Content on Cartizan in any way as Cartizan chooses. Cartizan will only use personal information in accordance with Cartizan's Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another Cartizan user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Cartizan-related communications. Cartizan has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Cartizan user to your email or physical mail list. For more information, see Cartizan's Privacy Policy.
Re-Posting Content: By posting Content on Cartizan, it is possible for an outside website or a third party to re-post that Content. You agree to hold Cartizan harmless for any dispute concerning this use. If you choose to display your own Cartizan-hosted image on another website, the image must provide a link back to its listing page on Cartizan.
Idea Submissions: Cartizan considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Cartizan shall not be liable for the disclosure or use of such Material. If, at Cartizan's request, any member sends Material to improve the site (for example through the Forums or to customer support), Cartizan will also consider that Material to be non-confidential and non-proprietary and Cartizan will not be liable for use or disclosure of the Material. Any communication by you to Cartizan is subject to this Agreement. You hereby grant and agree to grant Cartizan, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Cartizan does not control the Content provided by users that is made available on Cartizan. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Cartizan, you agree to accept such risks and that Cartizan (and Cartizan's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Cartizan. Please use caution and common sense when using Cartizan.
Other Resources: Cartizan is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Cartizan does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Cartizan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Cartizan AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Cartizan HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
In the event a dispute arises between you and Cartizan, please contact Cartizan.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Winnipeg, Manitoba, using the English language, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Manitoba Law Courts located in Winnipeg, Manitoba. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Cartizan agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release Cartizan (and Cartizan's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Cartizan encourages users to report user-to-user disputes to the local law enforcement or a certified mediation or arbitration entity, as applicable.
Cartizan, for the benefit of users, may try to help users resolve disputes. Cartizan does so in Cartizan's sole discretion, and Cartizan has no obligation to resolve disputes between users or between users and outside parties. To the extent that Cartizan attempts to resolve a dispute, Cartizan will do so in good faith based solely on Cartizan's policies. Cartizan will not make judgments regarding legal issues or claims.
CARTIZAN, and other Cartizan graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Cartizan, Inc. in Canada and/or other countries. Cartizan's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Cartizan may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Cartizan is updated on a real-time basis and is proprietary or is licensed to Cartizan by Cartizan’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Cartizan for any purpose whatsoever, except to the extent expressly permitted by and incompliance with Cartizan's API Terms of Use or otherwise without Cartizan's prior express written permission. Additionally, you agree that you will not:
Without limiting any other remedies, Cartizan may, without notice, and without refunding any fees, delay or immediately remove Content, warn Cartizan's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Cartizan suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, The DOs & DON'Ts of Cartizan, or other policy documents and community guidelines incorporated herein; Cartizan is unable to verify or authenticate any of your personal information or Content; or Cartizan believes that a user is acting inconsistently with the letter or spirit of Cartizan's policies, has engaged in improper or fraudulent activity in connection with Cartizan or the actions may cause legal liability or financial loss to Cartizan's users or to Cartizan.
Except as provided in Cartizan's Privacy Policy Cartizan will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Cartizan stores and processes Content on computers located in the United States and or Canada that are protected by physical as well as technological security.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Cartizan service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Cartizan's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Cartizan are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Cartizan reserves the right to modify or terminate the Cartizan service for any reason, without notice, at any time. Cartizan reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Cartizan makes a material change Cartizan will notify you here, by email, by means of a notice on our home page, or other places Caritzan deems appropriate. What constitutes a "material change" will be determined at Cartizan’s sole discretion, in good faith, and using common sense and reasonable judgment.
This Agreement shall in all respects be interpreted and construed with and by the laws of the Province of Manitoba, excluding its conflicts of laws rules, and Canada.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (Cartizan's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Cartizan; Attn: Legal Department; 336 Baltimore Rd, Winnipeg, MB, R3L 1J3 (in the case of Cartizan) or, in your case, to the email address you provide to Cartizan (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Cartizan may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Cartizan. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Cartizan’s Copyright and Intellectual Property Policy.
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