FindNext 1.0 ©1999-2017 FindNext Inc.
FindNext, the FindNext wordmark, People Know, and FindWords are trademarks of FindNext Inc.

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Terms of Use

Last Updated Date: January 19, 2017

Welcome to FindNext.com (the "Website") and the FindNext mobile application (the "App"). The following are terms of a binding legal agreement between you, the user or viewer of this Website and/or App, and FindNext Inc. ("FindNext"), the owner of the Website and App (the "Terms of Use"). Please read these Terms of Use carefully before accessing or using the Website and/or the App.

  1. By accessing, browsing and/or using this Website and/or App, you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by the terms and conditions of use set out in this Terms of Use agreement. FindNext reserves the right, at its discretion, to change these Terms of Use and to post such changed Terms of Use on this Website without notice. If you do not agree to these Terms of Use, please do not use this Website and/or App.

  2. You shall be solely responsible for checking the Terms of Use periodically for changes. Your continued use of this Website and/or App following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Profile Creation

  1. In order to access certain features of the Website and/or App, you must register and create a FindNext account (the "Profile"). In registering for a Profile, you must provide accurate, current and complete information. You acknowledge and agree that the information that you provide to register and create the Profile is true and accurate at the time it is provided and at any time you access the Website and/or App, and if it is not accurate, you agree to update the information while accessing the Website and/or App. Once your Profile is activated, you will become a FindNext Finder ("Finder"). You may only activate one (1) Profile. In accordance with what is written above, FindNext reserves the right to suspend or terminate your Profile and your access to the Website and App if you create more than one (1) account, and/or if you provide inaccurate, outdated or incomplete information.

  2. You are responsible for securing your password and you agree to take sole responsibility for any activities or actions under your Profile, whether or not you have authorized such activities or actions. You agree to notify FindNext immediately if you know of any unauthorized use of your Profile.

Content

  1. FindNext is in no way responsible for the content that a Finder uploads, posts, publishes, submits or transmits to the Website and/or App ("Finder Content"). FindNext has no duty to screen Finder Content, whether directly contributed by the Finder, or created by a third party on behalf of the Finder. However, FindNext reserves the right and the sole discretion to refuse to permit the posting of or to remove, any Finder Content on the Website and/or App that violates these Terms or fails to meet any other guidelines that are posted on our Website. We may also choose to remove Finder Content if another Finder or a third party brings it to our attention, or to edit Finder Content as we deem appropriate. Finders remain responsible for reviewing any Content they post in accordance with our Terms of Use.

  2. By posting Finder Content, Finders are granting FindNext a limited, revocable, non-exclusive license to the Finder Content.

  3. You understand and agree that FindNext may use third parties (such as analytics software providers) in connection with providing the Website and/or App and may share general information about Finders with these third parties, but such information shall not contain any personal information regarding the Finder.

Prohibited Use and Conduct

  1. You understand and agree that you must abide by all applicable laws, rules, regulations and obligations that may apply to your use of the Website and/or App. You acknowledge and agree that you will not:

  1. violate any provincial or federal laws or any court order;
  2. access or use any aspect of the Website and/or App in an inappropriate or illegal manner;
  3. use, nor permit others to use, this Website and/or App in a manner or for a purpose contrary to these Terms of Use;
  4. use the Website and/or App for any commercial or other purposes that are not expressly permitted by the Terms of Use;
  5. infringe the rights of any person or entity, including but not limited to, their personal property, privacy or contractual rights;
  6. use software, devices, scripts, robots or other means or processes to access, "scrape," or "crawl" the Website, App, and/or Finder Content;
  7. use this Website and/or App in any manner which could damage, disable, overburden, or impair this Website and/or App (or the network(s) connected to such Website and/or App);
  8. interfere with any other party's use and enjoyment of this Website and/or App;
  9. stalk or harass any other Finders of the Website and/or App, or collect and store any personal information about any other Finder;
  10. register for a Profile as a Finder on behalf of an individual other than yourself or register as more than one (1) Finder; or
  11. submit any Finder Content or other information that is inaccurate, incomplete or otherwise misleading.

Representations and Warranties

  1. ALL SOFTWARE EMBEDDED OR INTEGRATED INTO THE WEBSITE AND APP IS PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY (A) THAT THE SOFTWARE IS OF MERCHANTABLE QUALITY OR IS FIT FOR ANY PARTICULAR PURPOSE; (B) THAT THE SOFTWARE WILL CONFORM WITH ANY SPECIFICATION(S) RELATING TO THE SOFTWARE; (C) THAT THE SOFTWARE WILL BE FREE FROM MATERIAL DEFECTS; (D) THAT THE SOFTWARE CONTAINS NO COMPUTER VIRUSES OR OTHER CONTAMINANTS; OR (E) THAT THE SOFTWARE SHALL PROCESS DATE-RELATED AND TIME-RELATED DATA WITHOUT CAUSING ANY PROCESSING INTERRUPTIONS, ABNORMAL TERMINATION OR PROCESS OR MANIPULATE ANY TIME-RELATED DATA.

  2. FINDNEXT HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS WEBSITE AND APP; HOWEVER, FINDNEXT ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS WEBSITE AND APP. UNDER NO CIRCUMSTANCES WILL FINDNEXT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE AND/OR APP.

  3. FOR GREATER CERTAINTY, FINDNEXT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE AND/OR APP AND THE CONTENT THEREON, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY:

    (I) THAT THE WEBSITE AND/OR APP AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY;

    (II) THAT THE OPERATION OF THE WEBSITE AND/OR APP WILL BE UNINTERRUPTED OR ERROR FREE;

    (III) THAT DEFECTS OR ERRORS IN THE WEBSITE AND/OR APP WILL BE CORRECTED;

    (IV) THAT THE WEBSITE AND/OR APP WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND

    (V) THAT COMMUNICATIONS TO OR FROM THE WEBSITE AND/OR APP WILL BE SECURE OR NOT INTERCEPTED. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND BY ACCESSING AND USING THE WEBSITE AND/OR APP YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND/OR APP AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

  1. YOU SPECIFICALLY AGREE THAT FINDNEXT SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE AND/OR APP.

  2. YOU SPECIFICALLY AGREE THAT FINDNEXT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT FINDNEXT IS NOT RESPONSIBLE FOR ANY CONTENT INCLUDED IN THIS WEBSITE AND/OR APP BY ANY THIRD PARTY.

  3. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL FINDNEXT, ITS AFFILIATES, RELATED COMPANIES, PARENT, LIMITED OR GENERAL PARTNERS OR LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OFFICER, MANAGER, DIRECTOR OR AGENT OF ANY OF THE FOREGOING, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE AND/OR APP, WHETHER OR NOT FINDNEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  4. IN NO EVENT SHALL FINDNEXT, ITS AFFILIATES, RELATED COMPANIES, PARENT, LIMITED OR GENERAL PARTNERS OR LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OFFICER, MANAGER, DIRECTOR OR AGENT OF ANY OF THE FOREGOING, BE LIABLE FOR DAMAGES UNDER THESE TERMS OF USE, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF FINDNEXT HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Use of Content

  1. The information contained on the Website and App is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.

  2. As a Finder, you acknowledge and agree that FindNext may reproduce in whole or in part any photographic material or Finder Content supplied by you in order to advertise and/or to promote the Website and/or App.

  3. All software embedded in or located on or at the Website and/or App, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software ("Software") is protected by copyright and may be protected by other rights. All such Software is owned by FindNext, its licensors or the party accredited with ownership of such Software.

  4. You are hereby granted the right to access and use the Software embedded and integrated into the Website and App, subject to (i) the terms and conditions of this Terms of Use agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.

  5. Finders are granted a limited, revocable, non-exclusive license to access the Website and/or App, solely for the purpose of posting Finder Content and executing searches, or for any other purpose clearly stated on the Site. We expressly prohibit you to use the Website and/or App for a purpose that is not one of the above-noted purposes or otherwise in accordance with the Terms or as otherwise authorized in writing.

  6. Nothing contained in the Website and/or App shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Web site or made available for download from the Website and/or App, including, but not limited, to any intellectual property rights in the Software.

  7. The Website and App contains information which is owned and/or licensed to FindNext. Other than the information provided by our customers, all contents of the Website and App are © 2016 FindNext Inc. All rights reserved.

  8. The Website and App may be accessed globally. The jurisdiction (location) you choose to access this Website and/or App from is on your own initiative and you are solely responsible for complying with all applicable local use controls, laws and regulations relating to the location you use to access this Website and/or App, including those relating to the transmission of technical data exported from or imported to Canada or the country in which you reside. Notwithstanding the foregoing, FindNext makes no representation of any kind that materials on this Website and/or App are appropriate or available for use in locations outside the Canada and accessing them from jurisdictions where their contents are illegal is prohibited.

Third Party Content

  1. This Website and App may contain links to third party websites ("Linked Sites") which are provided for your convenience to provide further information. The Linked Sites are not under the control of FindNext, and FindNext is not responsible for the contents of any Linked Site, including without limitation the accuracy, copyright compliance, legality, decency, links or any other aspect of the Linked Sites. You are solely responsible for viewing and complying with the terms of use and privacy policies posted at the Linked Sites. FindNext is not responsible if the Linked Site is not working properly nor is FindNext responsible for any form of transmission received from any Linked Site. Such links do not imply FindNext's endorsement of the website or any association with its operators.

Updates

  1. FindNext shall have no other obligations to provide updates or support services to you. We will use reasonable efforts to provide ongoing support and remedies to identified errors and defects, on a time and material basis, at our then current commercial rates.

Indemnification

  1. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FINDNEXT HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY FINDNEXT IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE AND OR APP OR OTHERWISE RELATING TO THE BUSINESS FINDNEXT CONDUCTS ON THE WEBSITE AND/OR APP, ANY FINDER CONTENT, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY FINDNEXT THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING BUT NOT LIMITED TO ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES, AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, LEGAL FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENCE OF ANY CLAIM.

Dispute Resolution

  1. In the event that you have a dispute with one or more other Finders on the Website and/or App, any third party provider, and/or Linked Site, or any other third party website that may be linked to or from or otherwise interact with the Website and/or App, including but not limited to any social media site, you hereby agree to release, remise and forever discharge FindNext, its agents, directors, officers, employees and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature, whatsoever, whether known or unknown which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Website and/or App.

  2. All demands, notices, communications and reports required under these Terms of Use shall be in writing and shall be either personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to FindNext at the address specified below or sent by e-mail or facsimile transmission, as reflected below, with confirmation to the number specified below:

    President
    FindNext Inc.
    ►
    Email: support@findnext.com

  3. The Website and App (excluding Linked Sites) are controlled by FindNext from its offices within the Province of Ontario, Canada. By accessing or using the Website and/or App, you agree that all matters relating to your access to, or use of, the Website and/or the content, and your access to, or use of, the App and/or the content, including, without limitation, the provisions of this Terms of Use, shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

  4. No joint venture, partnership, employment, or agency relationship exists between you and FindNext as a result of this this Terms of Use agreement or use of this Website and/or App. It is the express will of the parties that this Terms of Use agreement and all related documents have been drawn up in English.

Termination

  1. Notwithstanding any other provision set out herein, FindNext reserves the right, in its sole discretion, to terminate your access to this Website and/or App or any portion thereof, for any reason without notice. You may terminate this Terms of Use agreement at any time by discontinuing your use of the Website and/or App and cancelling your Profile [here.]

Modification

  1. FindNext reserves the right, in its sole discretion, to modify the Website and/or App or these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Website and App. We will also modify the "Last Updated Date" at the top of these Terms of Use. By continuing to access or use the Website and/or App after we have posted a modification on the Website and/or App or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, you agree that your only recourse is to cease using the Website and/or App.

©1999-2017 FindNext Inc. FindNext, the FindNext wordmark, People Know, and FindWords are trademarks of FindNext Inc. · Terms of Use