+1 (514) 585-6553|info@therockswebmarket.com
Terms and Conditions 2017-02-15T12:26:54+00:00
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Acceptance of the Website Terms and Conditions

Welcome to the website of THE ROCK’S Web Market Inc. (hereinafter, “THE ROCK”).

 

The following terms and conditions (hereinafter, “Terms”) apply to your usage of therockswebmarket.com including any content, downloads, functionality, products and/ or services offered on or through therockswebmarket.com (hereinafter, “Website”) whether as a guest and/ or a registered user.

 

Please read the Terms and Conditions carefully before you access or otherwise start to use the Website.

 

By using this Website, you accept and agree to abide by these Terms and Conditions and our Privacy Policy found at therockswebmarket.com and incorporated herein by reference. 

 

If you do not agree to these Terms and Conditions and/ or the Privacy Policy, you must exit the Website immediately.

 

Please note that any online sales of THE ROCK products and/ or services conducted through the Website are subject to THE ROCK’s trusted third-party partner’s underlying terms and conditions.

 

THE ROCK’S Web Market allows for automatic payment upon formal subscription and purchase of uploaded advertisements selected by the Client at the time of check-out contemporaneously with a non-refundable payment upfront for advertisements purchased. Customer support services are available via THE ROCK’S Web Market E-Mail (info@therockswebmarket.com).

 

THE ROCK’S Web Market allows Clients who wish to subscribe to their selected services on an annual basis to benefit from discounted prices.

Modifications to the Terms and Conditions

THE ROCK may, in its sole discretion, revise and/ or update the Terms as enumerated within this document from time to time.

You must check this page occasionally to take notice of any changes THE ROCK may make, as they will be considered binding on you.

Your continued use of this Website following the posting of any revised Terms signifies that you accept and agree to the underlying changes made.

Access to the Website

This Website is intended for use by individuals 13 years of age or older. Therefore, if you are younger than 13 years of age, please leave this Website immediately.

If parents allow their minor child or a child for whom they are a legal guardian (hereinafter, “Minor”) to access this Website, they will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor’s access to and/ or use of the Website; and (iii) the underlying consequences of any use of the Website by such Minor.

THE ROCK does not intend to solicit information and/ or to market any products and/ or services to children through the Website. However, we hereby notify you that parental control protections such as computer hardware, software and/ or filtering services are available for purchase from other third party suppliers that may assist you in limiting access to material and/ or information that may be harmful to Minors on the Internet.

Access to the Website is permitted on a temporary user read-only basis.

THE ROCK reserves the right to withdraw and/ or amend any products and/ or services it provides on the Website at its sole discretion without any formal notice. THE ROCK will not be liable if for any reason all or any part of the Website is unavailable during any period of time. Furthermore, from time to time, THE ROCK may restrict access to some parts or the entire Website to any or all users.

You are ultimately responsible to ensure that anyone who accesses the Website through your Internet connection is aware of the Terms as enumerated in this document and that they duly comply with the underlying Terms in their entirety.

User Names and Passwords

To access the Website and/ or some of the products and/ or services it offers, you may be asked to provide certain standard customary registration details. It is thus a pre-condition of your use of the Website that all the information you ultimately choose to provide on the Website is valid, accurate and complete.

If you are provided with a User Name and Password as part of THE ROCK’s security procedures, it is incumbent upon you to treat such information as Confidential such that you must not disclose it to any third party.

It is understood that you agree to immediately notify THE ROCK of any unauthorized use of your User Name and/ or Password and/ or any other breach of security.

Furthermore, you agree to exit from your account at the end of each individual session.

In addition, you agree to use particular caution when accessing your account from a public and/ or shared computer to prevent others from viewing and/ or recording your User Name, Password and/ or any other personal information.

THE ROCK reserves the right to disable any User Name and/ or Password at any time and for any reason, including situations where it is THE ROCK’s opinion that you have failed to comply with any provision of the Terms as enumerated within this document.

Intellectual Property Rights

The entire contents of the Website including the design, selection and arrangement are owned by THE ROCK and/ or its licensors and are protected by Canadian and/ or other international laws regarding copyrights, patents, trademarks and other intellectual proprietary rights.

You are allowed to use the Website for your personal and/ or legitimate business purposes. However, you must not copy, modify and/ or create imitations of any of the material on THE ROCK’s Website, or the Website itself, without obtaining the prior written consent of THE ROCK in each individual circumstance. 

You must not: (i) Modify the paper and/ or digital copies of any materials available from the Website; (ii) Use any photographs, videos, audios and/ or other graphics separately from the accompanying text; and (iii) Delete or alter any copyright, trademark and/ or other proprietary identifiers appearing on any such underlying materials.

If you wish to make any use of any material on the Website that is proprietary in nature and thus not specifically intended for public and/ or other purposes that would violate the intellectual proprietary rights of THE ROCK, please formally address your request to info@therockswebmarket.com.

If you print, copy, modify, download and/ or otherwise use any part of the Website in breach of the Terms as enumerated within this document, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. In addition, THE ROCK reserves the right to exercise any other legal rights and remedies available to it in regards to the breach of the underlying Terms.

No right, title and/ or interest to the Website and/ or any content on the Website is transferred to you such that all rights are reserved by THE ROCK and/ or its licensors. Therefore, any use of the Website not expressly permitted by the Terms as enumerated within this document are deemed to be a breach of the Terms and may thus violate copyright, trademark and/ or other laws and/ or regulations.

THE ROCK’s Trademarks

THE ROCK’s name, trademark, logo and all related names, trademarks, logos, designs and slogans are trademarks of THE ROCK and/ or its licensors. Therefore, you must not use such distinct marks prior to obtaining the express written consent of THE ROCK. All other names, brands and/ or marks remain the trademarks of their respective owners and may thus only be used for identification purposes.

Prohibited Uses Of The Website

You may use the Website only for lawful purposes and in accordance with the Terms as enumerated within this document.

You agree to NOT use the Website in the following manner:

  • In any manner that violates any applicable federal, provincial, local and/ or international laws and/ or regulations.

  • In any manner that does not comply with the Terms as enumerated within this document to send, receive, upload, download and/ or use any materials.

  • In any manner to publish, post, upload and/ or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, pornographic, hateful and/ or unlawful content.

  • In any manner to impersonate and/ or attempt to impersonate THE ROCK, an employee of THE ROCK, another user and/ or person or entity.

  • In any manner to engage in any other conduct that restricts and/ or inhibits anyone’s use of the Website and/ or which may harm THE ROCK and/ or its users of the Website.

  • In any manner to attempt to gain unauthorized access to, interfere with, damage, overburden and/ or disrupt the Website.

  • In any manner to introduce any viruses, Trojan horses, worms, logic bombs and/ or other material which is malicious and/ or technologically harmful.

Failure to abide by the aforementioned rules will result in THE ROCK terminating your access to the Website and THE ROCK reserves the right to exercise any other legal rights and remedies available to it in regards to the underlying breach of the Website Terms.

User Contributions

The Website may contain message boards, Blogs and/ or other interactive services (hereinafter, “Interactive Services”) that allow you to post, submit, publish, display and/ or transmit to other users content including feedback, E-Mails, pictures and/ or any other communications that you create and/ or insert, append, attach or otherwise upload on or through the Website onto the Interactive Services (hereinafter, “User Contributions”).

It is expressly understood that all User Contributions must comply with the content standards as set out in the Terms as enumerated within this document.

Any User Contributions you post to the Website will be considered non-confidential and non-proprietary and thus THE ROCK will have the rights to use, copy, distribute and/ or disclose to third parties any and all such materials for any purpose.

You represent and warrant that: (i) you own and/ or control all rights to the User Contributions and/ or have the right to grant THE ROCK the license for usage; and (ii) that all of your User Contributions comply with the Terms as enumerated within this document, such that you agree to defend, indemnify and hold harmless THE ROCK for any breach of this representation and warranty.

You understand and acknowledge that you are responsible for any User Contributions you submit and/ or contribute, and thus you, not THE ROCK, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Any content and/ or opinions uploaded, expressed and/ or submitted to the Website other than the content provided by THE ROCK are solely the opinions and the responsibility of the person and/ or entity submitting them and thus do not necessarily reflect the opinion of THE ROCK.

Therefore, THE ROCK is not responsible, or liable to any third party, for the content and/ or the validity, accuracy and/ or completeness of any underlying materials posted by you or any other user of the Website.

User Contributions Enforcement Procedures

THE ROCK has the right at its sole discretion to:

  • Remove, edit and/ or refuse to post any User Contributions for any reason.

  • Take any action with respect to any User Contribution that THE ROCK deems necessary if THE ROCK believes such User Contributions violate the Terms as enumerated within this document, infringe upon any intellectual proprietary rights and/ or create potential liabilities for THE ROCK.

  • Disclose your identity to any third parties who claim that material you posted violate their rights to intellectual property and/ or privacy.

  • Take appropriate legal action for any illegal and/ or unauthorized use of the Website.

  • Terminate your access to all or part of the Website for any violation of the Terms as enumerated within this document.

  • Fully cooperate with any law enforcement authorities requesting THE ROCK to disclose the identity of anyone posting materials on or through the Website.

It is expressly understood that you waive and hold harmless THE ROCK from any claims resulting from any actions taken by THE ROCK during and/ or as a result of its investigations and/ or investigations by any competent law enforcement authorities.

It is expressly understood that THE ROCK can neither review all materials before they are posted on the Website nor ensure prompt removal of questionable materials after they have already been posted.

Accordingly, THE ROCK assumes no liabilities for any action or inaction regarding transmissions, communications and/ or content provided by any users and/ or third parties.

Therefore, THE ROCK has no liabilities and/ or responsibilities to anyone for performance or non-performance of the activities described in this section.

Standards For Content

These standards for content apply to all User Contributions and Interactive Services. User Contributions must in their entirety comply with all applicable federal, provincial, local and international laws and/ or regulations.

User Contributions must NOT:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory and/ or otherwise illegal.

  • Promote sexually explicit and/ or pornographic material, violence and/ or discrimination based on race, sex, religion, nationality, disability, sexual orientation and/ or age.

  • Infringe any patent, trademark, copyright and/ or other intellectual proprietary rights of anyone.

  • Violate the legal rights, including the rights of publicity and/ or privacy, of others and/ or contain any material that could give rise to any civil and/ or criminal liabilities under applicable laws and/ or regulations.

  • Be in conflict with the Terms as enumerated within this document and/ or THE ROCK’s Privacy Policy.

  • Promote, advocate and/ or assist in any illegal activities and/ or any unlawful acts.

  • Be used to impersonate any other person and/ or to misrepresent your identity.

Copyright Infringement Procedures

If you believe that any User Contributions and/ or any content displayed on the Website violates your copyrights, please send THE ROCK your notice of copyright infringement at info@therockswebmarket.com.

THE ROCK’s policy is to terminate the user accounts of any such repeat infringers.

Reliance on Information Posted on Website

The information presented on or through the Website is solely made available for general information purposes.

THE ROCK does not warrant the accuracy, validity, completeness, reliability and/ or usefulness of this information.

Therefore, any reliance that you may place on any such information is strictly and exclusively at your own risk.

THE ROCK formally disclaims any and all liabilities and/ or responsibilities arising from any and all reliance placed on any and all such materials by you.

Updates to the Website

THE ROCK will update the Website regularly but its content is not necessarily complete and/ or up-to-date.

In addition, THE ROCK may change the Website at any time with or without notice.

THE ROCK may also suspend access to the Website or close it indefinitely.

Lastly, any of the material on the Website may be out of date at any given point in time but THE ROCK is under no obligation to update any such material.

Information About You & Visits to Website

THE ROCK collects and uses information about you in accordance with THE ROCK’s Privacy Policy also available directly on the Website at therockswebmarket.com.

By using the Website, you consent to such collection and/ or use and you represent and warrant that all data provided by you is valid, complete and accurate.

Online Purchases

THE ROCK use a trusted third party service provider for processing of its online sales of products and/ or services through the Website subject to the third party’s terms and conditions.

THE ROCK may make changes to any products and/ or services offered on the Website including pricing and/ or availability at any time without notice.

Links To the Website

You may link to THE ROCK’s homepage, provided you do so in a way that is fair, legal and does not damage THE ROCK’s reputation and/ or take advantage of it.

However, you must not establish a link in such a way as to suggest any form of association, approval and/ or endorsement on THE ROCK’s part where none exists.

You must not establish a link from any website that is not owned by you. The website from which you are linking must comply in all respects with the Standards of Content as set out in the Terms as enumerated within this document.

You agree to cooperate with THE ROCK in ensuring that any unauthorized links to the Website cease immediately.

THE ROCK expressly reserves the right to withdraw any linking permissions without notice.

Links From the Website

In circumstances where the Website contains links to other sites and/ or resources provided by third parties, these links are provided for your convenience only.

THE ROCK has no control over the contents and/ or resources of those sites and thus THE ROCK accepts no responsibilities for them and/ or for any losses and/ or damages that may arise from your use of these linked sites.

Therefore, if you choose to access any of the third party websites that are linked from THE ROCK’s Website, you do so entirely at your own risk and subject to the terms and conditions of use of the underlying third party websites.

Geographic Restrictions

Not all products and/ or services discussed, referenced, provided and/ or offered through this Website may be available to all persons and/ or in all geographic locations.

The terms and conditions as enumerated in this document were created to comply with applicable Canadian laws and regulations.

Therefore, if you access the Website from outside Canada, you do so on your own initiative and at your own risk as you are ultimately responsible for compliance with any local laws and/ or regulations that may differ from Canadian laws and/ or regulations.

Warranty Disclaimers

You understand that THE ROCK cannot and does not guarantee and/ or warrant that files available for download from the Internet and/ or the Website will be free of all viruses and/ or other destructive codes.

You are responsible for implementing sufficient controls to satisfy your particular requirements for anti-virus protection and/ or the accuracy of data input, data output and maintenance of a system, external to THE ROCK’s Website, for any potential reconstruction of any lost data.

THE ROCK will not be liable for any losses and/ or damages caused by any viruses and/ or other technologically harmful materials that may infect your computer equipment, computer programs, data and/ or other proprietary materials due to your use of the Website and/ or any services and/ or any items that you may have obtained through the Website including the downloading of any materials posted on the Website and/ or on any linked third party websites.

Your use of the Website, its content and/ or any products, services and/ or downloads obtained through the Website is exclusively at your own risk. The Website, its content and/ or any services and/ or any items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.

THE ROCK makes no warranties and/ or representations with respect to the completeness, security, reliability, quality, accuracy and/ or availability of the Website.

THE ROCK makes no warranties and/ or representations that the Website content and/ or any services and/ or any items obtained through the Website will be valid, accurate, reliable and/ or complete.

THE ROCK makes no warranties and/ or representations that THE ROCK’s Website and/ or the server that makes it available are free of all viruses and/ or other harmful components.

THE ROCK makes no warranties and/ or representations that the Website and/ or any services and/ or any items obtained through the Website will meet your needs and/ or expectations.

THE ROCK hereby disclaims all warranties of any kind, either express and/ or implied, statutory and/ or otherwise, including but not limited to any warranties of merchantability, non-infringement and/ or fitness for particular purpose.

However, the foregoing does not affect any warranties that cannot be excluded and/ or limited under applicable laws and regulations.

Liability Limitations

In no event will THE ROCK, its licensors, its service providers, its employees, its agents, its officers and/ or its directors be liable for damages of any kind arising out of and/ or in connection with your use, and/ or inability to use, the Website and/ or any websites linked to it.

In addition, THE ROCK is not liable for any content on the Website and/ or other linked websites and/ or any other items obtained through the Website and/ or such other linked websites covering any direct, indirect, special, incidental, consequential and/ or punitive damages including personal injury, pain, suffering, emotional distress, loss of revenue, loss of profits, loss of business, loss of use, loss of goodwill and/ or loss of data whether caused by negligence, breach of contract and/ or otherwise.

The foregoing does not affect any liabilities that cannot be excluded and/ or limited under applicable laws and regulations.

Indemnification

You agree to defend, indemnify and hold harmless THE ROCK and/ or its licensors and/ or their respective officers, directors, employees, contractors, agents and/ or suppliers from and/ or against any claims, liabilities, damages, judgments, awards, losses, costs, expenses and/ or fees resulting from your violation of the Terms as enumerated within this document and/ or your use of the Website other than as expressly authorized by the Terms.

Governing Jurisdiction

If you access this Website from anywhere in the world, the Terms as enumerated within this document and/ or any dispute and/ or any claim arising out of the Terms, their subject matter and/ or their formation shall be governed by and construed in accordance with the laws of the Province of Quebec in the country of Canada without giving effect to any choice or conflict of law provisions. You agree that the courts situated in Montreal, Quebec shall have exclusive jurisdiction to hear any dispute and/ or claim arising therefrom.

However, THE ROCK retains the right to bring any lawsuit, action and/ or proceeding against you for breach of the Terms as enumerated within this document in your country of residence and/ or any other relevant country.

Claim Filing Time Limitation

Any cause of action and/ or claim you may have arising out of and/ or relating to the Terms of use of the Website as enumerated within this document must be commenced within one (1) year after the underlying cause of action arises, otherwise, such cause of action and/ or claim will be permanently barred.

Waivers

Any failure of THE ROCK to assert a right and/ or provision under the Terms as enumerated within this document shall not constitute a waiver of such right and/ or provision.

If any provision of the Terms as enumerated within this document is held by a court with competent authority to be illegal and/ or unenforceable for any reason, such provision shall be eliminated and/ or limited to the minimum extent, so that the remaining provisions of the Terms as enumerated within this document shall continue in full force and effect.

Language

If THE ROCK has provided you with a translation of the English language version of the Terms as enumerated within this document, then you agree that the translation is provided for your convenience only and that the English language version of the Terms as enumerated within this document will govern your relationship with THE ROCK.

If there is any contradiction between what the English language version of the Terms as enumerated within this document say and what a translation says, then the English language version shall take precedence.

Agreement Completeness

The Terms as enumerated within this document and THE ROCK’s Privacy Policy constitute the sole and entire agreement between you and THE ROCK with respect to the Website and supersede all prior and/ or contemporaneous understandings, agreements, representations and/ or warranties, both written and/ or oral, with respect to the Website.

Comments

All other comments, requests for technical support and/ or other communications relating to the Website should be directed to info@therockswebmarket.com.

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