Terms of Use

Please read the following terms of use ("Terms of Use") carefully before using the websites (the "Sites") owned by VerticalScope (as acquired from Yellow Pages Digital & Media Solutions Limited and Wall2Wall Media Inc.) (the "Companies"). By using the Sites, you agree to be bound by the Terms of Use. If you do not agree to be bound by these Terms of Use, discontinue all use of the Sites immediately.

In these Terms of Use, the expression "Sites" refers to or to any other website owned by the Companies and from which you may have been redirected.

The Terms and Conditions of Use related to your Yellow Pages Account are a supplement to this Legal Notice and can be found here.

1. General Remark. The Sites are for personal and non-commercial use. The entire content included in the Sites, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, sounds, video clips, software and links to external websites (the "Content"), is provided for informational purposes only. Please use caution and common sense when using the Sites.

2. Disclaimers and Limitation of Liability. The Companies intend for the Content on the Sites to be accurate and reliable, however, the Sites and the Content are provided to you "as is" and "as available" 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 makes no representation or warranty whatsoever regarding the accuracy of the information accessible on or through the Sites. Furthermore, to the fullest extent permissible pursuant to applicable law, the Companies disclaim all warranties, express or implied, including, but not limited to, implied warranties or conditions of merchantability or fitness for a particular purpose, non-infringement of third party rights, freedom from computer virus, and warranties arising from course of dealing or course of performance. The Companies do not represent or warrant that the functions contained in the Sites will be uninterrupted or error free, that defects will be corrected or that the Sites or the server which makes the Sites available are free from viruses or other harmful components. In no event shall the Companies be liable for any damages whatsoever, including direct, indirect, special, incidental or consequential damages, arising out of or in connection with the use or performance of the Sites or any other site you may access while using the Sites or your use of the Content, even if advised of the possibility of such damages.

3. 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 or legality 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 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.

4. 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.

5. Prohibited Use of the Sites. You shall not use the Sites in any way that would interfere with their operation nor submit any information, material or content to the Sites that violates any law. Furthermore, you shall not post, upload, publish, transmit or otherwise distribute on the Sites any information, material, or content that:

  1. could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, assault, or fraud;
  2. could defame, abuse, harass, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy or publicity, moral or statutory or any other rights of any person;
  3. could infringe the intellectual property rights including without limitation any copyright, trade-mark, or patent, of any person;
  4. 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;
  5. contains any distasteful or offensive material including, but not limited to, material intended for an adult audience;
  6. contains: (i) commercial content, including without limitation, advertising, solicitation, offer to sell any goods or services, or (ii) advertising, solicitation, offer to join any organization whatsoever, or (iii) surveys, contests, or chain letters; or
  7. encourages, conspires, entices or promotes the occurrence of any of the prohibited conduct stipulated herein.
  8. The Companies reserve the right to remove any information, material or content that you post, upload, publish, transmit, distribute or otherwise use on the Sites at any time, at its sole discretion and without prior notice.

6. License. By posting, uploading or submitting any information, material or content to the Sites, you automatically grant (or automatically warrant that the owner of the rights to such material, information or content has expressly granted) the Companies a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, 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. The Companies reserve the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users of the Sites, with their own internal tracking. You agree not to post or otherwise make available content that constitutes or contains "affiliate marketing," "link referral code," or "unsolicited commercial advertisement."

7. Web Scraping/Harvesting. 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.

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

  1. you do not replicate any of the Content of the Sites;
  2. you do not create a frame or any other bordered environment around the Sites or any of the Content contained on the Sites;
  3. the Hyperlink shall not imply any endorsement of any product or services;
  4. the website linking to the Sites does not contain distasteful or offensive material including, but not limited to, material intended for an adult audience and pornographic material; and
  5. 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, abusive or threatening, infringes intellectual property laws or violates any other laws.

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

9. External Links on the Sites. Links available on the Sites will allow you to link to websites 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 these other websites and assume no responsibility for content on third party websites. Please be aware that you link to these third party websites at your own risk.

10. Copyright. All Content published on or otherwise accessible through the Sites is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by the Companies or the Companies' content suppliers. You may only use or reproduce the Content for your own personal and non-commercial use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. 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.

11. Trade-marks. Yellow Pages®, the Walking Fingers & Design™,®,®, Canada411®,™,®,®,®,®,®,®,® ,®, Mediative™,®, Restaurantica®,®, HomeTrader™,®, VisiteNet®, The Employment News®, Hospital News®, and™ are trade-marks of either of the Companies in Canada. All other products, services and company names mentioned in the Sites may be trade-marks of either of the Companies or their related companies or their respective owners. You shall not use any trade-mark displayed on the Sites without the express written permission of the applicable company or the relevant owner of the trade-mark.

12. Changes. The Companies reserve the exclusive right to modify these Terms of Use at any time. Any continued use of the Sites will be deemed conclusive of your acceptance of the modified Terms of Use.

13. 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, 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.

14. Privacy Policy. The Companies' Privacy Policy is a binding and integral part of these Terms of Use.

15. Miscellaneous. Any service order or transaction performed on or through the Sites may be subject to additional terms and conditions or terms of sale. As an Amazon Associate we earn from qualifying purchases. 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. The Companies' failure to insist upon, or enforce strict performance, of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada, as applicable. The parties hereby agree and attorn to the exclusive jurisdiction of the courts of the province in which the user of the Sites resides. 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. Minors. You must be at least thirteen (13) years old to visit, post content on, participate in a forum, or hold an account on the Sites. If you are over 13 years of age but under the age of majority in your Province or territory of residence, you must have your parent or legal guardian’s permission to do so. The Companies reserve the right to confirm such consent at any time and to discontinue your use of the Sites if such consent is not granted or confirmed.

Posting Date: May 20, 2020