Let’s get in to some legal stuff.
These terms and conditions outline the rules and regulations for the use of TradePros’s Website and Mobile App.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use TradePros’s website if you do not accept all of the terms and conditions stated on this page.
TradePros User Agreement
Acknowledgment and Acceptance
You acknowledge and agree that we may amend this Agreement at any time by posting a revised version of this Agreement on the Platform or by notifying Consumers directly in our sole discretion. Your continued use of the Platform after any such changes are made to this Agreement shall constitute your consent to such changes. You are responsible for remaining knowledgeable about the terms, conditions and notices of the Agreement.
Use and Age Restrictions
Use of the Platform is permitted only by individuals who can form legally binding contracts under applicable Law. Without limiting the foregoing, use of our Platform is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Platform.
Estimate (Bid) and Service Request Terms
Upon registration with us, a Consumer may submit through the Platform a request for estimates for work (“Job Request”) from a Pro. Consumers must provide required information (e.g., what they want done, when they want it done, where they want it done) to submit a valid Job Request. All Job Requests posted through the Platform must be lawful and not in violation of any city, provincial, local or national law. A submitted Job Request must be descriptive enough to allow a Pro to ascertain the necessary details to submit a fully informed offer to provide the requested services (“estimate”), otherwise we will block the Job Request.
By using our Platform and responding to Job Requests Pros must be responsible for and ensure they are licensed, certified and/or qualified to undertake the work described by Consumers. They also certify that they have up-to-date and valid insurance and/or business licenses as submitted at the time of registration and thereafter when documents expire or change in any other way. Pros are liable for ensuring we have up-to-date documentation on file to display these credentials on their public profile.
After submission of a Job Request, we will inform Pros with profiles that match the services requested by the Consumer. Nevertheless, we do not and cannot guarantee that there will be Pros who are capable of or willing to complete the requested services at the time and place requested or that Consumer will receive estimates from Pros.
An estimate can be submitted by a Pro with a flat fee, hourly rate, range or require an onsite estimate. You can chat with the Pro to verify how much is the estimated material cost if any. An onsite estimate is used when a Pro is only able to provide an estimate for a job but will be able to provide a more accurate estimate or a final estimate upon completion of an onsite visit. There is no obligation to purchase after an onsite assessment.
A Job Request includes a period of time in which estimates may be submitted (“Estimating Period”) by Pros; however, a Consumer may accept a estimate at any time, thereby ending the Estimating Period before the fixed amount of time has passed. An estimate from a Pro may be canceled or retracted at any point.
When a Consumer accepts an estimate either via a scheduled appointment or outright hire, he or she implies a willingness to work with the Pro subject to a detailed on-site assessment. Please consider carefully when you accept a estimate from a Pro.
Any submitted Job Request posted on the Platform: (a) shall not be fraudulent; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
We serve as a marketplace between Consumers and Pros and shall not be held liable or accountable for any damages that occurred when a Pro performs the job. We do not guarantee the job performed by the Pro nor will we cover any damages that Pros incur.
Disclaimer of liability
TradeSpecifix Digital Media Corp. expressly disclaims any liability that arises between Users of its Platform. We do not accept payment from either Consumers or Pros in respect of any agreement entered into between Consumers and Pros.
The Platform serves only as a venue for connecting Consumers and Pros. Because we are not involved in the actual contact between Consumers and Pros or in the completion of the Service, in the event that you have a dispute with one or more Users, you release us and hold us harmless (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Fees and Refund Policy
TradePros charges Pros a fee for guaranteed customer appointments in the form of credits (“Credits“). We price each job at a specific amount of Credits in our own sole discretion. Appointment Credits are non-refundable but in the event of a failed, fraudulent or missed appointment at no fault of the Pro, TradePros may in our own sole discretion reimburse Pros credits in an equivalent amount.
We may, from time to time and in our sole discretion, provide certain promotional credits (“Promotional Credits“) to Users. There is no guarantee of or right to receive any such Promotional Credits. We reserve the right to activate, modify, or delete any such Promotional Credits at any time, in our sole discretion and without notice to you. Promotional Credits are non-transferrable, have no cash value, and will expire no later than 90 days from the date issued to your User Account
Professionals on TradePros
Background Checks: at the time of registration, we carry out limited review of public records of both the company name and owner name of that Pro listed in registration with us. We do not perform comprehensive criminal record, credit or drug checks. It is solely the Consumer (and, if different, the homeowner’s) responsibility to make sure they are comfortable and safe with the Pros. Background checks are performed by a third party. Once the principal/owner passes the check we will include a badge certifying this on their public profile. We rely solely on the third party who carries out the background check. We do not carry out ongoing background checks on Pros, nor do we check for any change of control or ownership of any Pro.
Licensing: we verify municipal-level license information provided by Pros at the time of registration and certify this on their public profile with a badge. Different jurisdictions may require provincial and/or local level licensing for certain services, work and/or project amounts. Consumers are responsible for determining which licenses, if any, are required for their requested services. Before you proceed with a project you should confirm all licensing requirements with your province and local authorities and your selected Pro.
Insurance: we verify insurance information provided by Pros who submit it at the time of registration and certify this on their public profile with a badge. You should confirm the Pros insurance coverage at the time of entering into an agreement with them. Before you proceed with a project, you should confirm any insurance and/or bonding requirements with your province and local authorities and your selected Pro.
Consumer Verification: we review certain information provided by our Pros at the time of registration. It’s best practice to verify the information presented by the Pro or in the Pros profile is accurate before starting a job. We expressly disclaim any guarantees or warranties concerning such information. Consumers should conduct their own investigation of Pros, including but not limited to, whether Pros are appropriated licensed for the requested services, free of significant provincial-level legal judgements, and carry (non-expired) appropriate general liability insurance or bonding. We do not represent or warrant that the information received by Consumers from national, provincial or other government agencies or from third party sources is accurate, error free, or that it is up-to-date or updated at the time that consumer checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources. TradeSpecifix Digital Media Corp., does not conduct any of its own searches and does not provide any assurances or warranties concerning the legality or validity of the documents other than that they have been received. You may request and inspect these documents on request but should rely on your own enquires.
No Warranty or Endorsement. We do not endorse or recommend the services of any particular Pro. It is entirely up to the Consumer to enter into a direct contract or otherwise reach an agreement with a Pro. We do not warrant the Pros performance on the job or the outcome or quality of the services performed. Pros are not employees or agents of TradeSpecifix Digital Media Corp., nor is TradeSpecifix Digital Media Corp. an agent of the Pros. TradeSpecifix Digital Media Corp. does not perform, and is not responsible for any of the services requested by the consumer in the job request. You expressly acknowledge and agreethat your use of the TradePros Platform is at your sole risk. The services offered by Pros are provided on as “as is” and “as available” basis.
Interactions and Disputes with Pros . TradeSpecifix Digital Media Corp. will not work to resolve any disputes between Consumers and Pros (collectively “Users”) and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Users.
You are solely responsible for your interactions with Pros. You understand that TradeSpecifix Digital Media Corp. does not verify 100% of statements made by Pros or their background. TradeSpecifix Digital Media Corp. makes no representations or warranties as to the conduct of any Pro or the Pro’s ability to provide a service compliant with the consumer’s job request. You expressly acknowledge that TradeSpecifix Digital Media Corp. makes no warranties, either express or implied, regarding the quality of services rendered by any TradePro.
YOUR RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH PROS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE NATIONAL, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY PRO, YOU SHOULD ADDRESS SUCH DISPUTE WITH THE PROS DIRECTLY.
Release. IN EXCHANGE FOR THE PRIVILEGE OF ACCESSING THE Platform AND SUBMITTING A PROJECT THROUGH MOBILE DEVICE, YOU EXPRESSLY AGREE TO RELEASE TradeSpecifix Digital Media Corp. (AND ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND AGENTS) FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE WITH ONE OR MORE PROS.
TradeSpecifix Digital Media Corp. MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS PLATFORM FOR ANY PURPOSE. TradeSpecifix Digital Media Corp. DOES NOT PROMISE THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE PLATFORM OR ANY CONTENT, SEARCH OR LINK ON IT. THE PLATFORM AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TradeSpecifix Digital Media Corp. CANNOT ENSURE THAT ANY FILES YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TradeSpecifix Digital Media Corp. SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PLATFORM, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS PLATFORM OR FOR ANY DAMAGE TO YOUR COMPUTER, SMARTPHONE, TABLET, OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS PLATFORM. TradeSpecifix Digital Media Corp. SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TradeSpecifix Digital Media Corp. MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS PLATFORM. YOUR USE OF THIS PLATFORM IS AT YOUR OWN RISK.
Limitations of Liability
IN NO EVENT SHALL TradeSpecifix Digital Media Corp., ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THE PLATFORM, (2) THE CONDUCT OF A USER, TRADEPRO OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. TradeSpecifix Digital Media Corp. IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE PLATFORM OR THE ENFORCEMENT OF THE TERMS. TradeSpecifix Digital Media Corp. EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, TradePros USERS, ADVERTISERS AND/OR SPONSORS ON THE PLATFORM, IN CONNECTION WITH THE PLATFORM OR OTHERWISE RELATED TO YOUR USE OF THE PLATFORM. BY USING THE PLATFORM, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE PLATFORM. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Proprietary Rights. The Platform and the material within it are © 2016 TradeSpecifix Digital Media Corp., Viewing the Platform creates a copy of TradeSpecifix Digital Media Corp. materials in your computer’s random access memory and/or your hard drive and/or in your proxy server. The Platform contains the copyrighted material, trademarks, service marks, logos and other proprietary information (the “Intellectual Property”) of TradeSpecifix Digital Media Corp.. Nothing on the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on the Platform, without the prior written permission of the Intellectual Property owner. Other product and company names mentioned in the Platform may be the Intellectual Property of their respective owners.
Members agree that all information contained on the Platform operated by TradeSpecifix Digital Media Corp., and all information compiled by us through operation of the affiliate program, is the proprietary information of TradeSpecifix Digital Media Corp.. Personal information provided by members to TradeSpecifix Digital Media Corp. will be kept confidential and will not be distributed to any third party.
Copyright Policy. Except for that information which is in the public domain, you may not post, copy, modify, publish, transmit, distribute, perform, display, sell or reproduce in any way any Intellectual Property without obtaining the prior written consent of the owner of such Intellectual Property. We can remove any User Content you post on the Platform if it violates this statement. If you believe that your work has been copied and posted on the Platform in a way that constitutes infringement, please contact our customer support team at [email protected]
Content.Users may post information, reviews, comments, messages, photos, profiles; send emails, and other communications; and submit materials, suggestions, ideas, comments, questions, or other information (collectively “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree that all of the User Content and information posted on the Platform (including any ratings, reviews and/or other User Content posted by you), is the sole and exclusive property of TradeSpecifix Digital Media Corp. or the party posting such content. TradeSpecifix Digital Media Corp. reserves the right (but not the obligation) to remove, change or edit such User Content in its sole discretion.
Reliance on Content, Etc. Opinions, advice, statements, reviews, offers, or other information or User Content made available through the Platform, but not directly by TradeSpecifix Digital Media Corp., are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content. TradeSpecifix Digital Media Corp. does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Platform; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Platform. Under no circumstances will TradeSpecifix Digital Media Corp. or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Platform or transmitted to or by any Users.
Documents and Information Available on the Platform. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Platform is granted, provided that (1) the Copyright Policy above and this paragraph are included with such documents, (2) use of such documents from the Platform is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the TradeSpecifix Digital Media Corp. Platform or any other TradeSpecifix Digital Media Corp. owned, operated, licensed or controlled site (the “TradePros Platform”). Elements of TradeSpecifix Digital Media Corp. Platform are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any TradeSpecifix Digital Media Corp. Platform may be copied or retransmitted unless expressly permitted by TradeSpecifix Digital Media Corp..
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
In the event that you provide us with any feedback regarding the Pros service or the Platform, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Platform (“Feedback”), you hereby assign to TradeSpecifix Digital Media Corp. all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
Content Posted by You on the Platform. You understand and agree that TradeSpecifix Digital Media Corp. may review, edit, change and/or delete any User Content in its sole discretion. By posting User Content to any public area of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to TradeSpecifix Digital Media Corp., its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, fully sublicensable, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, publish, translate, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content throughout the world in any media, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your User Content by TradeSpecifix Digital Media Corp. will not infringe or violate the rights of any third party. You grant TradeSpecifix Digital Media Corp. and sublicensees the right to use the name that you submit in connection with such content, if they choose. TradeSpecifix Digital Media Corp. takes no responsibility and assumes no liability for any content posted by you, any User or third party.
You are solely responsible for the User Content that you post on the Platform or transmit to other Users. You will not post on the Platform, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to TradeSpecifix Digital Media Corp. or to any User. If information provided to TradeSpecifix Digital Media Corp., or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify TradeSpecifix Digital Media Corp. of such change.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Platform. TradeSpecifix Digital Media Corp. reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Platform and terminating the membership of such violators. It includes, but is not limited to, User Content that:
is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
promotes information that you know is false or misleading (including with respect to the identity of the party who will perform a Won Job);
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
violates provincial and/or local consumer protection laws.
Your use of the Platform, including but not limited to the User Content you post on the Platform, must be in accordance with any and all applicable laws and regulations. All information you include in your account information must be accurate, current and complete. TradeSpecifix Digital Media Corp. reserves the right to investigate and terminate your usage if you have misused the Platform, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
You acknowledge that a violation of the foregoing User Content provisions could result in significant damages, and you agree that you are liable to TradeSpecifix Digital Media Corp. for any such damages. We reserve the right to revoke your access to the Platform and services at any time. With exception of information that is generally accessible to the public, all information about TradeSpecifix Digital Media Corp. is confidential and for your personal use only. If it is determined or suspected by TradeSpecifix Digital Media Corp. in its sole discretion that you are misusing or attempting to misuse or circumvent the Platform, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, TradeSpecifix Digital Media Corp. reserves the right, in its sole discretion, to immediately terminate your access without notice.
Acceptance to Platform & Termination of Account / Removal from Platform
TradeSpecifix Digital Media Corp. shall have absolute discretion as to whether or not it accepts a particular applicant for participation on the platform. TradeSpecifix Digital Media Corp. also reserves the right to terminate the participation of any member without reason.
Members in violation of our Terms and Conditions will be immediately deactivated. We may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from TradeSpecifix Digital Media Corp.
This Agreement will remain in full force and effect while you use the Platform and/or are a User of TradeSpecifix Digital Media Corp. You may terminate your account at any time, for any reason. To cancel an account, please send email notice of termination to [email protected] If you terminate your account, your account will be disabled immediately. TradeSpecifix Digital Media Corp. may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to TradeSpecifix Digital Media Corp. Furthermore, in order to protect the integrity of the Platform, TradeSpecifix Digital Media Corp. reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Platform.
All decisions regarding the termination of accounts shall be made in the sole discretion of TradeSpecifix Digital Media Corp. management. TradeSpecifix Digital Media Corp. is not required to provide you notice prior to terminating your account. TradeSpecifix Digital Media Corp. is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect.
Customer Care Representatives
We may provide assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive or otherwise behave inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your use of the Platform. You acknowledge and agree that TradeSpecifix Digital Media Corp. may monitor and/or record any telephone, online chat or email correspondence between you and TradeSpecifix Digital Media Corp..
Changes to the Platform
TradeSpecifix Digital Media Corp. reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that TradeSpecifix Digital Media Corp. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform.
The Platform may provide, or third parties may provide, links to other World Wide Web sites or resources, including, by way of example, the placement of a widget directing to a our Platform. Because we have no control over such sites and resources, you acknowledge and agree that TradeSpecifix Digital Media Corp. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TradeSpecifix Digital Media Corp. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
Jurisdiction and Choice of Law
If there is any dispute arising out of this Agreement or the use of the Platform, by using the Platform you expressly agree that any such dispute shall be governed by Alberta provincial law. You expressly agree and consent to the exclusive jurisdiction for the resolution of any such dispute.
At the sole option of TradeSpecifix Digital Media Corp., any claim, dispute or controversy arising out of, relating to or concerning in any way the Agreement or use of the Platform shall be resolved by binding arbitration administered by the Canadian Arbitration Association (“CAA”) under its commercial arbitration rules. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and judgment upon any arbitration award may be entered by any court having competent jurisdiction. Each party shall bear its own costs, fees, and expenses associated with any arbitration, except that the parties agree to split equally the costs and expenses of the arbitrator/CAA. TradeSpecifix Digital Media Corp. may elect, in its sole discretion, not to use arbitration for any individual Claim that you properly file and pursue in court. IF ARBITRATION IS CHOSEN BY TradeSpecifix Digital Media Corp. WITH RESPECT TO A CLAIM, YOU WILL NOT HAVE THE RIGHT TO LITIGATE THE CLAIM IN COURT, HAVE A JURY TRIAL, OR ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE CAA CODE OF PROCEDURES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
You agree to indemnify, defend and hold TradeSpecifix Digital Media Corp., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, demand or suit, including reasonable attorney’s fees, made by any Pro, User or third party due to, relating to or arising out of your use of the Platform, conduct, contracts with TradeSpecifix Digital Media Corp., payments to TradeSpecifix Digital Media Corp., other interactions with Users and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement.
TradeSpecifix Digital Media Corp. is not responsible for any incorrect or inaccurate content posted on the Platform or in connection with the Platform, whether caused by Users of the Platform, or by any of the equipment or programming associated with or utilized in the Platform. TradeSpecifix Digital Media Corp. is not responsible for the conduct, whether online or offline, of any Consumer, Pro or other third-party users of the Platform. TradeSpecifix Digital Media Corp. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. TradeSpecifix Digital Media Corp. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Platform. Under no circumstances will TradeSpecifix Digital Media Corp. or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Platform, any content posted on the Platform or transmitted to Users, or any interactions between Users of the Platform, whether online or offline. The Platform is provided “AS-IS” and TradeSpecifix Digital Media Corp. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TradeSpecifix Digital Media Corp. cannot guarantee and does not promise any specific results from use of the Platform.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Platform is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. TradeSpecifix Digital Media Corp. makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Platform. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist.