TERMS AND CONDITIONS
IMPORTANT! USE OF THIS SITE REQUIRES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ CAREFULLY BEFORE PROCEEDING. HYPERLINKING TO THE SITE OR TYPING [www.thecollectorsinc.com; thecollectorsinc.com, www.thecollectorsinc.ca and/or collectorsinc.ca] CONSTITUTES BINDING ACCEPTANCE. CLICK “AGREE” IF ACCEPTABLE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, CLICK ON THE "DISAGREE" BUTTON BELOW. YOU ARE THEN REQUIRED TO TERMINATE ALL ACCESS TO, AND USE OF, THIS WEBSITE.
The Legal Terms and Disclaimer (the "Agreement") for this site is between you, the User (hereinafter "USER") and The Collectors Inc.™ (hereinafter "THE COLLECTORS"). “PARTIES” refers to both USER and THE COLLECTORS jointly. The effective date of this Agreement is when USER accepts or is deemed to have accepted this Agreement in accordance with the procedures set out herein.
USER hereby consents to the exchange of information and documents between PARTIES either electronically over the Internet, by mail or by email, and that this electronic Agreement shall be the equivalent of a written paper agreement between the PARTIES.
A 7% commission will be taken by The Collectors Inc. for each transaction.
1. Copyright
USER acknowledges that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and trade names contained on this website (collectively the "CONTENT"), including the manner in which the Content is presented or appears, and all information relating thereto, are the property of their respective owners (as indicated, THE COLLECTORS or its licensors, as the case may be).
2. Permitted Usage
THE COLLECTORS hereby grants USER personal, non-transferable and non-exclusive license to access, read and download a single copy of the Content.
3. Restrictions
USER agrees NOT TO:
distribute Content for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Content by way of the press or media or through any commercial network, cable or satellite system; or
create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. USER shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of THE COLLECTORS or its licensors or allow any third party to access the Content. The restrictions set out in this Agreement shall not apply where prohibited by law.
4. Non-Personal Information
Except for personal information, USER grants to THE COLLECTORS the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use any information or other content USER provides on or through this website or which is sent to THE COLLECTORS by email or other correspondence, including, without limitation, ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. THE COLLECTORS shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by THE COLLECTORS in writing or required by law. USER represents and warrants that they have the right to grant the license set out above.
5. Personal Information.
THE COLLECTORS may from time to time, monitor USER use of the website and collect, store, use and disclose USER personal information in order to improve the website and user experience, or if required to by law. Seller’s information may be shared with PayPal to facilitate transactions. USERS will supply their own credit card details and personal information directly to PayPal. We will NOT have access to USER credit card information.
When creating an account, USER will be asked to input their full name, create a username, enter their email, create a password, and select their registration type. Guest USERS can visit our website anonymously, but will have limited access.
For various transactions with other users, USER may need to disclose their mailing and billing address. All money will be transferred through PayPal, our online payment/ transaction system.
USER MAY ACCESS AND MODIFY PERSONAL INFORMATION STORED BY THE COLLECTORS IN PROFILE SETTINGS WITH THE EXCEPTION OF EMAIL ADDRESS.
6. Liability and Disclaimers
ALTHOUGH THIS WEBSITE USES ENCRYPTION SECURITY, SSL AND IS A CERTIFIED DOMAIN, THE COLLECTORS CANNOT GUARANTEE THE CONFIDENTIALITY AND SECURITY OF USERS’ INFORMATION, AND ACCEPTS NO RESPONSIBILITY OR LIABILITY PERTAINING TO THE WEBSITE CONTENT, ITS USE, OR RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF USER PERSONAL INFORMATION.
This website and its Content are not to be construed as a form of promotion or an offer to sell any product or service. This website may contain links to other sites. THE COLLECTORS does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites. When USER accesses such sites, USER is doing so at their own risk. In providing links to other sites, THE COLLECTORS is in no way acting as a publisher or disseminator of the material contained therein and does not monitor nor control such sites. Links to other sites should not be construed to mean that THE COLLECTORS is affiliated or associated with that site. THE COLLECTORS DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY HYPERLINKS TO, OR CONTENT FOUND, ON OTHER WEBSITES. The mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service.
THE COLLECTORS is not responsible for any damages suffered by the USER or any third party as a result of the transmission, storage or receipt of confidential or proprietary information claimed by the USER, or that USER expressly or implicitly authorizes THE COLLECTORS to make, nor for any errors, or any changes made to any information transmitted, stored or received.
USER is solely responsible for retrieval and use of the Content, and should apply judgment in its use, including, without limitation, the use of the information as the basis for any conclusions.
CONTENT IS PROVIDED FOR EDUCATIONAL, ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE, OR COURSE OF ACTION. CONTENT ON THIS WEBSITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. IT IS USERS’ DUTY TO OBTAIN PROFESSIONAL ADVICE FROM QUALIFIED PROFESSIONALS, ALTHOUGH ONE MAY BE REFERRED OR RECOMMENDED TO USER BY THE COLLECTORS TO MEET THEIR SPECIFIC NEEDS.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEBSITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL THE COLLECTORS, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS, LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO EVENT WILL THE COLLECTORS, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY USER OR THEIR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COLLECTORS, EVEN IF THE COLLECTORS OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO EVENT WILL THE COLLECTORS', ITS AFFILIATES', AGENTS', LICENSORS', SUPPLIERS' AND THEIR RESPECTIVE DIRECTORS', OFFICERS' AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN $50,000.
THE COLLECTORS ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. CONTENT MAY BE CHANGED WITHOUT NOTICE. THE COLLECTORS IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT USERS MAY FIND UNDESIRABLE OR OBJECTIONABLE, BUT RESERVES THE RIGHT TO NOT ACCEPT SPECIFIC ITEMS OR COLLECTORS IF DEEMED, BY THE COLLECTORS, TO BE UNSUITABLE. THE COLLECTORS DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
7. Termination
This Agreement is effective until terminated by THE COLLECTORS with or without cause, at its sole discretion and without notice, if USER fails to comply with any of its terms. Any such termination by THE COLLECTORS shall be in addition to, and without prejudice to such rights and remedies as may be available to THE COLLECTORS, including injunction and other equitable remedies.
All disclaimers, limitations to liability, ownership, termination, interpretation, licenses, warranties and indemnities, survive the termination or expiry of this Agreement.
8. Indemnity
USER agrees at all times to indemnify, defend and hold harmless THE COLLECTORS, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by THE COLLECTORS directly or indirectly in respect of:
any information or other content USER provides on or through this website or which is sent to THE COLLECTORS by email or other correspondence; or
USER’S use or misuse of the Content or this website, including infringement claims without limitation.
9. Governing Law
This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada, and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, we agree to submit to the non-exclusive jurisdiction of the Ontario courts. We expressly exclude the United Nations Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Ontario) as amended, replaced or re-enacted from time to time. USER agrees to waive any right they may have to: (i) a trial by jury; and (ii) the commencement of or participation in any class action against THE COLLECTORS related to this website, the Content, or this Agreement and, where applicable, USER also agrees to opt out of any class proceedings against THE COLLECTORS or its licensors. We have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigès en anglais.
10. Interpretation.
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in this Agreement, unless otherwise specified, are in US dollars.
11. Entire Agreement.
This Agreement may be amended from time to time in accordance with the provisions of Section 12, and any and all other legal notices and policies on this website, constitutes the entire agreement between PARTIES with respect to the use of this website and Content.
12. Amendment and Waiver
THE COLLECTORS reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on its website. USER is responsible for periodic review and is deemed to be aware of such amendments. In the event of disagreement with the amendments, USER shall immediately cease to use this website. Use of this website after any posted amendments shall constitute acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement nor waiver of any provision of this Agreement shall be binding on THE COLLECTORS unless executed in writing by THE COLLECTORS. No waiver of any of the provisions of this Agreement shall be deemed to apply to any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
13. Severability
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
14. Inurement
This Agreement shall inure to the benefit of, and be binding upon, both PARTIES. their respective successors and permitted assigns. USER acknowledges having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
© The Collectors Inc., 2013, Toronto, Ontario. “THE COLLECTORS INC.” is the trade-mark of The Collectors Inc.