TERMS AND CONDITIONS

Last Revised: September 27, 2024

Welcome to TheSearch.ca (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website located at www.thesearch.ca (the “Site”) and any related services offered on the Site (collectively, the “Service”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

  1. ABOUT THE SERVICE
    TheSearch.ca is a community platform designed to facilitate discussions, resource sharing, and information exchange for members of the Canadian SMB community. Features include user forums, an investor list, a businesses-for-sale list, and access to exclusive resources such as financial model templates.
  2. USER ELIGIBILITY
    You must be at least 18 years old to use the Site or register for any of the services provided. By using the Service, you represent and warrant that you meet this age requirement.
  3. REGISTRATION AND ACCOUNT
    To access certain features of the Site, such as the forum and exclusive resources, you will need to create an account by providing personal information such as your name, email, and payment information. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate and complete.

You are responsible for maintaining the confidentiality of your account login details and for all activities that occur under your account. We reserve the right to suspend or terminate your account at our sole discretion.

  1. PAYMENT AND SUBSCRIPTIONS
    Certain portions of the Site require a paid membership for access. Payment will be processed through third-party payment processors such as Stripe or PayPal. By providing your payment information, you authorize us to charge the subscription fees and any applicable taxes to the payment method you provide.

All fees are non-refundable, except as required by law.

  1. USER-GENERATED CONTENT
    By posting or uploading any content to the Site, including comments, posts, or resources, you grant TheSearch.ca a non-exclusive, world-wide, royalty-free, perpetual, irrevocable, and sublicensable license to use, modify, adapt, publish, display, reproduce, and distribute your content. You retain ownership of your content, but we may continue to use it as described.

You agree that you will not post content that:

  • Is defamatory, obscene, offensive, or harmful.
  • Violates any law or regulation.
  • Infringes on intellectual property rights of third parties.
  • Contains malware, viruses, or harmful code.

We reserve the right to remove or edit any content that violates these Terms or for any other reason at our discretion.

  1. COMMUNITY GUIDELINES & RULES OF CONDUCT
    As a member of TheSearch.ca, you agree to abide by the following Community Guidelines and Rules of Conduct to ensure a respectful, safe, and productive environment for all users.

6.1. General Conduct
You are solely responsible for your actions and any content you post, transmit, or share on the Site. Your permission to use the Service is conditional upon adhering to the following rules of conduct. You agree not to use the Service to:

  • Post, upload, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, or hateful based on race, ethnicity, religion, gender, sexual orientation, or any other characteristic.
  • Post content that is tortious or harmful, including false or misleading information, or that otherwise infringes on the rights of others.
  • Violate any local, provincial, national, or international law or regulation.
  • Infringe on the intellectual property rights of TheSearch.ca or any third party, including by posting or distributing content you do not have the right to share.
  • Engage in unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or other forms of solicitation.
  • Introduce or distribute viruses, malware, or any other malicious software designed to harm or disrupt the Site, its users, or any related technology.
  • Stalk, harass, or violate the legal rights (including rights of privacy) of other users, or collect personal information about others without their consent.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Use automated systems, such as bots, scraping tools, or other data mining methods to access, copy, or otherwise harvest data from the Service without our prior written permission.
  • Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Site.

6.2. Respectful Communication
All users are expected to interact respectfully with one another, whether in the forum, comments, or other communications. Refrain from abusive language, personal attacks, or inflammatory remarks. Discriminatory, harassing, or defamatory comments based on race, gender, ethnicity, sexual orientation, religion, or other protected characteristics will not be tolerated.

6.3. Prohibited Content
You agree not to post any content that:

  • Violates any applicable local, provincial, national, or international law.
  • Infringes upon the intellectual property rights of any person or entity.
  • Contains obscene, pornographic, or sexually explicit material.
  • Includes offensive language or materials that promote hate speech, racism, violence, or illegal activities.
  • Constitutes unsolicited advertising, junk mail, or spam, including promotion of services not approved by TheSearch.ca.

6.4. Protection of Minors
TheSearch.ca is not for use by anyone under the age of 18. You agree not to engage in any conduct that could harm minors or violate their privacy rights.

6.5. Privacy and Data Protection
Do not share personal information of other users without their explicit consent. Posting personally identifiable information such as names, addresses, phone numbers, or email addresses without permission is strictly prohibited.

6.6. Prohibition on Unauthorized Access
You must not attempt to gain unauthorized access to any part of the Service, or engage in any activity that compromises the security or functionality of the Service.

6.7. Unsolicited Communications
You agree that you will not send unsolicited communications to other users. If another user requests that you cease communications, you must comply immediately. Failure to do so may result in suspension or termination of your account.

6.8. Content Removal and Account Termination
We reserve the right to remove any content or terminate any account that, in our sole judgment, violates these guidelines or any applicable laws. Content may be removed without prior notice, and we may suspend or terminate your account if we believe you have acted inconsistently with the spirit of these guidelines.

  1. INTELLECTUAL PROPERTY
    TheSearch.ca owns all rights, titles, and interests in and to the Site, including but not limited to proprietary materials, trademarks, logos, and exclusive resources provided to the community. You may not use, distribute, modify, or exploit these materials without our express written permission.
  2. PRIVACY POLICY
    Your use of the Service is also governed by our Privacy Policy which outlines how we collect, use, and store your personal information. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.
  3. DISCLAIMER OF WARRANTIES
    The information and resources provided on TheSearch.ca are for informational purposes only and do not constitute professional advice. The accuracy, completeness, or usefulness of the information is not guaranteed, and we disclaim all liability for any errors or omissions in the content.

The Service is provided “as is” and “as available.” We make no warranties, express or implied, regarding the operation of the Service, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

  1. LIMITATION OF LIABILITY
    To the fullest extent permitted by law, TheSearch.ca will not be liable for any direct, indirect, incidental, or consequential damages arising from the use of or inability to use the Site, including but not limited to loss of data, profits, or goodwill, even if we have been advised of the possibility of such damages.
  2. TERMINATION OF SERVICE
    We reserve the right to terminate or suspend your account and access to the Site at our sole discretion, with or without notice, for any reason, including violation of these Terms. Termination does not entitle you to a refund of any fees paid.
  3. GOVERNING LAW AND JURISDICTION
    These Terms are governed by the laws of Ontario, Canada, without regard to its conflict of laws provisions. Any legal disputes will be subject to the exclusive jurisdiction of the courts in Ontario, Canada.
  4. INDEMNIFICATION
    You agree to indemnify, defend, and hold harmless TheSearch.ca and its affiliates, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Site or violation of these Terms.
  5. MODIFICATIONS TO THE TERMS
    We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting. It is your responsibility to review the Terms periodically. Continued use of the Service after any such changes constitutes your acceptance of the new Terms.
  6. COMMUNICATION
    By using the Service, you consent to receive electronic communications from us. You agree that any notices, agreements, or other communications that we send to you electronically satisfy any legal communication requirements, including that such communications be in writing.
  7. QUESTIONS OR CONCERNS
    If you have any questions about these Terms or the Service, please contact us at privacy@stg.thesearch.ca.
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