BEFORE YOU BECOME AN ASKGAUGE PARTICIPANT, YOU MUST ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
Last updated on November 21, 2017
1. This Agreement, which incorporates by reference other provisions applicable to the use of AskGauge, including, but not limited to, supplemental terms and conditions set forth hereof governing the use of certain specific material contained in AskGauge, sets forth the terms and conditions that apply to use of AskGauge by User. By using AskGauge (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use Ask Gauge is personal to User and is not transferable to any other person or entity. The user is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s) if any.
2. AskGauge shall have the right at any time to change or discontinue any aspect or feature of AskGauge, including, but not limited to, content, hours of availability, and equipment needed for access or use.
General Use of the Service-Permissions and Restrictions
AskGauge hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that
1. You agree not to distribute in any medium any part of the Service or the Content without AskGauge ‘s prior written authorization.
2. You agree not to alter or modify any part of the Service.
3. You agree not to use the Service for any of the commercial uses unless you obtain AskGauge ‘s prior written approval.
4. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,”
5. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
6. You agree not to create posts, publish or distribute contents to AskGauge of any kind that is, within the sole discretion of AskGauge, determined to be commercial, illegal, offensive or potentially harmful to others.
7. In your use of the Service, you will comply with all applicable laws.
8. AskGauge reserves the right to discontinue any aspect of the Service at any time.
AskGauge shall have the right at any time to change or modify the terms and conditions applicable to User’s use of AskGauge or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on AskGauge or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Ask Gauge by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
USE OF INFORMATION
Client agrees to treat all information obtained from the AskGauge Website, including listings, search format, search methodology, resource information, blog or social media information, and any information otherwise made available to the Client, (individually and collectively known as “AskGauge”), as proprietary to AskGauge. Client agrees that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of Ask Gauge. Ask Gauge does not ensure the accuracy of, endorse or recommend any AskGauge website content and Client uses such Content at the Clients’ own risk. A client may access the Property Listings (the “Listings”) solely to obtain initial information from which further evaluation and investigation may commence. The listing details of these properties are also shared with other clients. At the time of acting on a specific listing, it is possible that the properties are in escrow or already sold. In such situations, Ask Gauge may share the listings of other available properties from the inventory.
Client shall limit access to and use of Listings and all AskGauge Content to personal and internal use, and shall not use Listings or any other AskGauge Content for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Client shall not use or reproduce Listings obtained from AskGauge for or in connection with any other listing service or device. Clients violating these specific terms, including those Clients utilizing the AskGauge Website in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership, and any and all other remedies available to Ask Gauge by province and/or federal law.
LINKS TO THIRD PARTY SITES
This Website may contain links to other websites that are not affiliated with AskGauge (“Linked Sites”). The Linked Sites are not under the control of AskGauge and AskGauge is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AskGauge is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or recommendation by AskGauge of the Linked Site or any association with its operators. Furthermore, AskGauge expressly disclaims any and all liability in connection with Linked Sites. If you use these links, you do so at your own risk and you may leave this Website.
1. User shall use AskGauge for lawful purposes only. User shall not post or transmit through AskGauge any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without AskGauge ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in AskGauge ‘s discretion restricts or inhibits any other User from using or enjoying AskGauge will not be permitted. User shall not use AskGauge to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with AskGauge.
2. AskGauge contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and the entire contents of AskGauge are copyrighted. AskGauge owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The user may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The user may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of AskGauge and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
3. User shall not upload, post or otherwise make available on AskGauge any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of AskGauge User automatically grants, or warrants that the owner of such material has expressly granted AskGauge the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The user also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants AskGauge the right to edit, copy, publish and distribute any material made available on AskGauge by User.
4. The foregoing provisions of Section 5 are for the benefit of AskGauge, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
By using our website, we require the user to open an account, the user must complete the registration process by providing AskGauge with current, complete and accurate information as prompted by the applicable registration form. The user also will choose a password and a username. The user is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User's account. User agrees to notify AskGauge immediately of any unauthorized use of User’s account or any other breach of security. AskGauge will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by AskGauge or another party due to someone else using User’s account or password. The user may not use anyone else’s account at any time, without the permission of the account holder.
AskGauge does not claim ownership of the materials User provide to AskGauge (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting AskGauge, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all AskGauge Services), including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
1. USER EXPRESSLY AGREES THAT USE OF ASKGAUGE IS AT USER’S SOLE RISK. NEITHER ASKGAUGE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ASK GAUGE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ASK GAUGE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ASK GAUGE.
2. ASKGAUGE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ASKGAUGE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
4. IN NO EVENT WILL ASKGAUGE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ASK GAUGE OR THE ASK GAUGE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ASKGAUGE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
5. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ASKGAUGE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ASKGAUGE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
6. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. [ASKGAUGE] AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
User agrees to defend, indemnify and hold harmless AskGauge, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including lawyer’s fees, arising out of the use of AskGauge by User or User’s Account.
Either AskGauge or User may terminate this Agreement at any time. Without limiting the foregoing, AskGauge shall have the right to immediately terminate User’s Account in the event of any conduct by User which AskGauge, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for AskGauge established by AskGauge constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the [Ontario, Canada], without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.