Canada Beaver

Introduction

This website and any related applications, features, and online services (the "Platform") is owned and operated by Canada Beaver ("Canada Beaver", "we", "us", "our"). The Platform and all content are made available to you ("you", "your") subject to your compliance with these Terms of Service ("Terms") and our Privacy Policy.

THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT. By accessing or using the Platform, you represent and warrant that you have read, understood, and agree to be bound by these Terms. Canada Beaver reserves the right to modify these Terms at any time. Your continued use after modifications constitutes acceptance of the updated Terms.

1. Privacy

For information about how Canada Beaver collects, uses, handles, and shares your personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA), please review our Privacy Policy, which forms an integral part of these Terms.

2. Eligibility and Account Registration

You must be at least 18 years old and capable of entering into legally binding contracts to use our services. No one under the age of 14 may provide any personal information to us or use the Platform.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

3. Content and Platform Services

The Platform contains content provided by Canada Beaver and third parties, including editorial content, information, graphics, and other materials ("Content"). YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. Neither the Platform nor any Content should be relied upon as accurate, complete, current, or fit for any particular purpose without independent verification.

The Content may no longer be accurate as a result of the passage of time. No one should act, or refrain from acting, solely on the basis of the Platform or Content.

4. Your Content and License

4.1 Your Content

You may share, upload, post, or provide content to the Platform ("Your Content"). By providing Your Content, you represent and warrant that you have all necessary rights and licenses to do so. You are solely responsible and liable for Your Content.

4.2 License Grant

By providing Your Content to the Platform, you automatically grant Canada Beaver a non-exclusive, royalty-free, irrevocable, sublicensable, perpetual, worldwide license to use, copy, modify, display, publish, distribute, and create derivative works from Your Content in any manner and for any purpose, including marketing and promoting the Platform, without notice, compensation, or approval from you.

4.3 Content Removal

Canada Beaver reserves the right to remove, edit, limit, or block access to any of Your Content at any time for any reason or no reason, with no obligation to display or review Your Content.

5. Prohibited Content and Activities

You agree not to post, upload, or provide any Content that:

Contains offensive language or imagery that could harass, upset, or alarm others
Is obscene, pornographic, violent, or offensive to human dignity
Is abusive, insulting, threatening, discriminatory, or promotes hatred or bigotry
Is inaccurate, incomplete, misleading, negligent, or fraudulent
Encourages illegal activity or constitutes a criminal offense
Is defamatory or libelous
Contains spam, junk mail, or unsolicited advertising
Contains viruses, malware, or other malicious code
Infringes intellectual property rights or privacy rights of any person

You may not access or use the Platform for any purpose that is unlawful or contravenes these Terms. Without limiting the foregoing, you will not:

Exploit, reproduce, or distribute any Platform content without authorization
Scrape, data mine, or use automated tools to access the Platform
Reverse engineer, decompile, or disassemble any Platform software or code
Frame content from the Platform on another website
Impersonate another person or entity or falsely imply endorsement by Canada Beaver
Interfere with the proper functioning of the Platform or bypass security measures
Collect personal information of other users inconsistent with our Privacy Policy
Discriminate against or harass anyone based on protected characteristics
Damage or adversely affect the performance of the Platform
Burden network capacity through excessive requests or resource consumption
Dilute, tarnish, or harm the Canada Beaver brand or trademark

6. Contractor Services

Canada Beaver acts as a marketplace connecting homeowners with contractors. We do not directly provide renovation services and are not a party to any agreements between homeowners and contractors.

While we verify contractors on our Platform, we do not guarantee the quality, timeliness, or legality of their work. Users are strongly encouraged to conduct their own due diligence when selecting a contractor, including verifying licenses, insurance, and references.

7. Intellectual Property

All intellectual property rights in the Platform, including trademarks, logos, content, software, design elements, and compilation of materials ("Canada Beaver Property"), are owned by or licensed to Canada Beaver and are protected by Canadian and international copyright and trademark laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes only. Any use of Canada Beaver Property not expressly permitted by these Terms is strictly prohibited and may subject you to civil and criminal penalties.

8. Payment and Fees

All payment transactions between homeowners and contractors are handled directly between the parties. Canada Beaver may charge service fees as outlined in our pricing structure, which will be clearly communicated before any transaction.

All fees are in Canadian dollars and non-refundable unless otherwise stated. You are responsible for all applicable taxes.

9. Indemnification

You agree to indemnify, defend, and hold harmless Canada Beaver and its affiliates, directors, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees on a full indemnity basis) arising out of or relating to: (a) your breach of these Terms; (b) Your Content; (c) your use of the Platform; (d) your violation of any law or rights of any third party; or (e) your negligence, fraud, or willful misconduct.

10. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT:

(A) THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS ENTIRELY AT YOUR OWN RISK;

(B) TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANADA BEAVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;

(C) CANADA BEAVER DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

(D) YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING APPROPRIATE SAFEGUARDS TO PROTECT YOUR SYSTEMS AND DATA.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANADA BEAVER AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY, OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Modifications and Termination

Canada Beaver reserves the right to modify, suspend, or discontinue the Platform or any portion thereof at any time without notice. We may also modify these Terms at any time. Changes will be effective immediately upon posting.

We reserve the right to suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice, for any violation of these Terms or for any other reason.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law.

You hereby unconditionally and irrevocably consent to the exclusive jurisdiction of the courts located in Toronto, Ontario for any action or proceeding arising from or relating to these Terms or the Platform. You waive any objection to venue or forum non conveniens.

14. DISPUTE RESOLUTION

14.1 Negotiation and Mediation

Before initiating any formal dispute resolution proceedings, the parties agree to attempt to resolve any dispute through good faith negotiations for a period of thirty (30) days. If negotiations fail, the parties may agree to participate in non-binding mediation before a mutually acceptable mediator.

14.2 Arbitration

If both parties agree in writing, any dispute, controversy, or claim arising out of or relating to these Terms or the Platform may be resolved through binding arbitration in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc.

Arbitration Procedures:

The arbitration shall be conducted in Toronto, Ontario
The arbitration shall be conducted in English
The arbitrator shall be agreed upon by both parties, or if no agreement is reached within 30 days, appointed by the ADR Institute of Canada
The arbitrator's decision shall be final and binding
Judgment upon the award may be entered in any court having jurisdiction
Each party shall bear its own costs of arbitration unless otherwise awarded by the arbitrator
The arbitration proceedings and award shall be kept confidential

Important: Arbitration is voluntary and requires mutual written consent. If the parties do not agree to arbitration, disputes shall be resolved exclusively in the courts located in Toronto, Ontario as specified in Section 13.

14.3 JURY TRIAL WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNCONDITIONALLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING FROM OR RELATING TO THESE TERMS OR THE PLATFORM, WHETHER RESOLVED IN COURT OR THROUGH ARBITRATION.

14.4 NO CLASS ACTIONS

YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. UNLESS EXPRESSLY AGREED IN WRITING, DISPUTES MAY ONLY BE RESOLVED ON AN INDIVIDUAL BASIS.

The arbitrator or court may not consolidate more than one party's claims and may not otherwise preside over any form of class or representative proceeding.

14.5 Small Claims Court

Notwithstanding the above, either party may bring an action in small claims court if the claim qualifies for small claims court jurisdiction.

15. Injunctive Relief

You acknowledge and agree that your breach of these Terms may cause irreparable harm to Canada Beaver that cannot be adequately compensated by monetary damages alone. Therefore, Canada Beaver may seek equitable relief, including injunctive relief and specific performance, without the requirement of posting a bond or proving actual damages.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Canada Beaver regarding the Platform and supersede all prior agreements and understandings.

16.2 Assignment

You may not assign or transfer these Terms without our prior written consent. Canada Beaver may assign or transfer these Terms at any time without notice or consent.

16.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.4 Waiver

No waiver of any provision of these Terms shall be effective unless in writing. The failure to exercise or delay in exercising any right shall not constitute a waiver.

16.5 Third Party Rights

These Terms do not confer any rights or remedies upon any person other than you and Canada Beaver.

16.6 Force Majeure

Canada Beaver shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.7 Notices

All notices to Canada Beaver must be sent to admin@canadabeaver.pro. We may provide notices to you via email to the address associated with your account or through the Platform.

17. Contact Information

If you have any questions about these Terms of Service, please contact us: