Website Terms of Use Agreement

BY USING THIS WEBSITE AND OTHER WEBSITES OWNED AND OPERATED BY YELLOW PAGES DIGITAL & MEDIA SOLUTIONS LIMITED (the “Companies”), YOU AGREE TO BE CONTRACTUALLY BOUND BY THE FOLLOWING TERMS OF USE AGREEMENT (the “Terms of Use”). IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DISCONTINUE ALL USE OF THE SITES (AS DEFINED HEREINBELOW) IMMEDIATELY.

In these Terms of Use, the term “Sites” refers to any of corporate.yp.ca, YP.ca, PJ.ca, YellowPages.ca, PagesJaunes.ca, Canada411.ca or to any other website owned and operated by the Companies and from which you may have been redirected.

Access to the Sites is offered to you by the Companies’ on the condition that you accept without modification the terms, conditions and disclaimers contained herein. Your use of the Sites and the content therein constitutes your agreement to all such Terms of Use. Any personal information collected, used or disclosed by the Companies through the Sites is subject to the Companies’ Privacy Policy. By agreeing to these Terms of Use, you consent to the collection, use and disclosure of personal information in accordance with our Privacy Policy.

The Terms and Conditions of Use related to your Account, as defined herein below, form an integral part of, and are incorporated by reference to, these Terms of Use and can be accessed by clicking here.

1. Non-Commercial Use

The Sites are for personal and non-commercial use. All content included in the Sites, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, video clips, software and links to external websites (the "Content"), is provided for informational purposes only.

2. Warranty Disclaimer

The Companies intend for the Content on the Sites to be accurate and reliable, however, the Sites and the Content are provided to you on an "as is" and "as available" basis and without warranty or condition of any kind, whether express or implied. In particular, the Companies do not control the Content posted by users on the Sites and make no representation or warranty whatsoever regarding the accuracy or completeness of any data or information accessible on or through the Sites. Furthermore, to the fullest extent permissible pursuant to applicable law, the Companies, their respective affiliates, and their respective officers, directors, employees, affiliates, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, freedom from computer viruses, warranties arising from course of dealing or course of performance, merchantable quality and fitness for a particular purpose. The Companies expressly disclaim any representation or warranty that the Sites will be free from errors, viruses or other harmful components, that communications to or from the Sites will be secure and not intercepted, that the services and other capabilities offered from the Sites will be uninterrupted, or that its content will be accurate, complete, adequate or timely. Any material downloaded is at your own 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.

The Sites offer various forms of advice, including, general, legal, health, fitness and nutritional information and are designed for entertainment, informational and educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional advice. If you have any concerns or questions about your health, you should always consult with a health care professional. Do not disregard, avoid or delay obtaining professional advice, including medical or health related advice from your health care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.

Developments in technology, professional practices and medical research may impact the advice that appears on the Sites. No assurance can be given that the advice contained in the Sites will always include the most recent findings or developments with respect to the particular material.

3. Liability Disclaimer

Without limiting the foregoing, the Companies expressly exclude (and you hereby release the Companies from) any liability for any of the following:

fraud by any user of the Sites;

any misrepresentation by a third party (whether innocent or fraudulent) made in respect of the Sites and/or the content therein;

any failure by the Companies to ensure that they do not breach any copyright or other intellectual property right of any third party;

any link on the Sites to any other site; and

loss or damage caused by delay or errors in, or the downtime of, the Site (or servers) or resulting from interruption, termination, or failed operation of the Internet or a third-party telecommunication service, even in the event that the Companies have been advised of the possibility of such loss or damage.

Nothing in these Terms of Use is intended to limit or exclude any liability on the part of the Companies where and to the extent that applicable laws prohibit such exclusion or limitation.

In no event shall the Companies or its affiliates, licensors, suppliers, advertisers, agents or sponsors, be responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory, arising out of or in connection with the use or performance of the Sites or any other site you or users of your account may access while using the Sites or your use or the use by users of your account of the Content, even if advised of the possibility of such damages.

4. Dealing with Third Parties

Any correspondence or business dealings with any third parties including merchants, sellers, buyers or advertisers found on, or through, the Sites is solely between you and such third parties, and the Companies have no control over the quality, legality or inappropriate nature of the Content advertised, the truth or accuracy of any representations made by sellers, the ability of sellers to sell and the ability of buyers to purchase. The Companies are not responsible for any loss or damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not the Companies, are responsible for compliance with all laws applicable in any such transaction.

5. Indemnity

You acknowledge and expressly agree that use of the Sites is at your sole and own risk. You agree to defend, indemnify and hold the Companies and their affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Use by you or users of your account, or in any way arising out of the use of the Sites, including without limitation, the placement or transmission of any information or other materials on the Sites by you or users of your account.

6. Prohibited Use of the Sites

You shall not use the Sites in any way that would interfere with their operation nor submit any content to the Sites which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws. You shall not post, upload, publish, transmit or otherwise distribute on or through the Sites any information or other materials that:

could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, racism, assault, or fraud;

could defame, abuse, harass, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy, publicity, moral or statutory or any other rights of any person, including, without limitation and for greater certainty, the Companies and their respective affiliates;

could infringe the intellectual property rights including, without limitation, any copyright, trade-mark, or patent, of any person, including, without limitation and for greater certainty, the Companies and their affiliates;

could be considered as a use of the Sites that is contrary to law or electronic etiquette, or which would adversely impact the use of the Sites or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components;

contain any distasteful or offensive material including, but not limited to, material intended for an adult audience;

contain: (i) falsehoods or misrepresentations (ii) commercial content, including without limitation, advertising, solicitation, offers to sell any products, goods or services, or (iii) unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, which prohibition includes but is not limited to (a) using the Sites to send messages to people who don’t know you or who are unlikely to recognize you as a known contact or who have not consented to receiving electronic messages from you in accordance with applicable anti-spam legislation; (b) using the Sites to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases; or (iii) surveys or contests; or

encourage, conspire, entice or promote the occurrence of any of the prohibited conduct stipulated herein.

The Companies do not endorse any submission or any opinion, recommendation or advice that you may submit on or through the Sites and the Companies expressly disclaim any and all liability in connection with your submissions to the Sites.

The Companies reserve the right to remove any information that you post, upload, publish, transmit, distribute or otherwise use on the Sites, in whole or in part, at any time, at its sole discretion and without prior notice.

7. License

By posting, uploading or submitting any information, material or content to the Sites, you automatically grant (or warrant that the owner of the rights to such material or content has expressly granted you the rights to grant) the Companies a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, royalty-free right to use, reproduce, modify, adapt, improve, create derivative works from, publish, remove, retain, add, process, analyze, translate, license, transmit, distribute and otherwise exploit any or all portions of such information, material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all moral rights in any such information, material or content posted, uploaded or submitted by you.

8. Web Scraping/Harvesting

You may only use or reproduce the Content for your own personal and non-commercial use. The framing, scraping, data-mining, extraction or collection of the Content of the Sites in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this Sites.

9. Hyperlinking to the Sites

You may create a link (the "Hyperlink") to one or more of the Sites provided that:

you do not replicate any of the Content of the Sites;

you do not create a frame or any other bordered environment around the Sites or the Content contained in the Sites;

the Hyperlink shall not imply any endorsement of any products, goods or services; and

the website linking to the Sites does not contain any information, content or material that would interfere with the operation of the Sites nor which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws.

The Companies may withdraw your right to hyperlink to the Sites at any time in their sole discretion.

10. Links to Third Party Websites

Links available on the Sites will allow you to link to websites or resources not maintained or controlled by the Companies. The Companies provide these links for your convenience only and make no endorsements, warranties or representations of any kind whatsoever regarding those other websites and expressly disclaim all responsibility for content on third party websites. The Companies have neither reviewed nor approved any content that appears on such other websites. Please be aware that you link to these third party websites at your own risk. You acknowledge and agree that the Companies shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

11. Copyright

All Content published on or otherwise accessible through the Sites, including without limitation, all texts, designs, images, photographs and other information, is protected under Canadian and other copyright laws to the maximum extent permitted. The Content, and the copyright in the Content, are owned or controlled by the Companies and/or its affiliates, licensors, suppliers, representatives or agents (each a “Copyright Holder”). The Companies grant you a limited license to display or print the Content for your own personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell these materials in any form or manner without the express written permission of the Copyright Holder(s) of the Content. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Sites and maintain such notices in the Content. The Companies do not warrant or represent that your use of materials displayed on, or obtained through, the Sites will not infringe the rights of third parties.

12. Trademarks

Yellow Pages™, the Walking Fingers & Design™, YellowPages.ca™, PajesJaunesMC, yp.ca™, pj.ca™, Canada411™, Canada411.ca™ are trademarks of either of the Companies in Canada. All other products, services and company names mentioned in the Sites may be trademarks of either of the Companies and/or their affiliates or their respective owners. You shall not use any trademark displayed on the Sites without the express written permission of the applicable Company or the relevant owner of the trademark.

13. Changes and updates

The Companies reserve the right to change or remove any Content from the Sites, in whole or in part, at their sole discretion, at any time, without notice. The Companies reserve the exclusive right to modify these Terms of Use at any time. Non-material changes and clarifications will take effect immediately. Any material changes will take effect 30 days after their posting. You must regularly review these Terms of Use. Please refer to the last update date which appears at the bottom of this page to know the posting date of any change. Your continued use of the Sites following any modification to the Terms of Use constitutes your agreement to such modified Terms of Use.

14. Registered User Accounts

In order to access certain parts of the Sites, you may have to register as a user with the Companies. During registration for a user account (“Account”), you will select a password and account name. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify the Companies of any unauthorized use of your password or account or any other breach of security, and (b) log out from your account at the end of each session. The Companies will not be liable for any loss or damage arising from your failure to comply with this section.

15. Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of Québec and the federal laws of Canada applicable therein. The parties hereby agree and attorn to the exclusive jurisdiction of the courts of the province in which you reside. The parties have required that these Terms of Use and all related documents be drawn up in English. Les parties ont demandé que ces termes et conditions ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

16. General

The Companies reserve the right to terminate or suspend access to the Sites and/or to terminate these Terms of Use at any time without notice and for any reason whatsoever. The Companies reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in their sole discretion. Any service order or transaction performed on or through the Sites may be subject to additional terms and conditions or terms of sale. The Terms of Use of the Sites and all other documents referenced herein constitute the entire agreement between the Companies and you with respect to your use of the Sites or the use by users of your account. The Companies' failure to insist upon, or enforce strict performance, of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any terms in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.

Amended: September 2017

MESSAGES TERMS OF USE

The following terms of use (the “Messages Terms of Use”), in addition to the Terms of Use Agreement, shall apply to the user (hereinafter “you”) when using the messaging functionality operated by the Companies (the “Messages Functionality”). In the event of conflict between the Messages Terms of Use and the Terms of Use Agreement, the Messages Terms of Use shall prevail. Your use of the Messages Functionality shall constitute your acceptance of these Messages Terms of Use and of the Terms of Use Agreement.

1. Electronic Communications

By using the Messages Functionality to send communications to a recipient, you consent to receive certain communications in connection with the Messages Functionality, including but not limited to notifications and other commercial electronic communications from the recipient of your communications or from the Companies on behalf of such recipient.

2. Expiration

All of the content and information (the “Content”) sent through the Messages Functionality will be archived and accessible for a period of two (2) years following the date on which it is sent. At the expiration of such period, the Companies will automatically and permanently remove such expired Content.

3. User information

In order to use the Messages Functionality, you must provide certain information about yourself (your “Information”). You understand and agree that you are solely responsible for maintaining the confidentiality of your Information, and are fully responsible for all activities that occur as a result of the use of your Information. You agree to immediately notify the Companies of any unauthorized use of your Information or any other breach of security. The Companies will not be liable for any loss or damage arising from your failure to comply with this section.

4. Content

You own all of the Content that you submit or transmit through the Messages Functionality. The Companies may only use such Content in accordance with the Companies’ Privacy Policy. Notwithstanding the foregoing, you acknowledge and agree that the Companies shall have all of the rights necessary to: (i) transmit the Content to the selected recipient; and (ii) archive the Content in accordance with section 2 hereof.

5. Prohibited use of the message functionality

You shall not use the Messages Functionality in any way that would interfere with its operation nor submit any content to the Messages Functionality which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws. You shall not post, upload, publish, transmit or otherwise distribute on or through the Messages Functionality any information or other materials that:

could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, racism, assault, or fraud;
could defame, abuse, harass, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy, publicity, moral or statutory or any other rights of any person, including, without limitation and for greater certainty, the Companies and their respective affiliates;
could infringe the intellectual property rights including, without limitation, any copyright, trade-mark, or patent, of any person, including, without limitation and for greater certainty, the Companies and their affiliates;
could be considered as a use of the Messages Functionality that is contrary to law or electronic etiquette, or which would adversely impact the use of the Messages Functionality or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components;
contain any distasteful or offensive material including, but not limited to, material intended for an adult audience;
contain: (a) falsehoods or misrepresentations or (b) unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, which prohibition includes but is not limited to using the Messages Functionality to send messages to users who have not consented to receiving commercial electronic messages from you in accordance with applicable anti-spam legislation; or (c) surveys or contests; or
encourage, conspire, entice or promote the occurrence of any of the prohibited conduct stipulated herein.

The Companies do not endorse any submission or any opinion, recommendation or advice that you may submit on or through the Messages Functionality and the Companies expressly disclaim any and all liability in connection with your submissions to the Messages Functionality.

The Companies reserve the right to block your access to the Messages Functionality at any time, at its sole discretion and without prior notice.