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Terms of Service – Member Account

Intended for the people who either wish to purchase ice or are simply viewing the site for its advertising, etc.

Welcome to www.IceTraders.com (IceTraders) The site to post ice for sale, to buy and trade ice time. We are located at www.IceTraders.com (the "web site"). These Terms of Service ("TOS") contain the terms and conditions that govern your use of the web site and the IceTraders.com service. These TOS describes your rights and responsibilities and what you can expect from IceTraders.com. Use of the IceTraders.com Web site constitutes your acceptance of and agreement to these TOS.

IceTraders.com reserves the right to add, delete and/or modify any of the terms and conditions contained in these TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the IceTraders.com web site. In the event of substantive changes to these TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the web site and IceTraders.com. Your continued use of the IceTraders.com web site following posting of a change notice or new TOS on the IceTraders.com web site will constitute binding acceptance of the changes.

These TOS are designed to ensure IceTraders works for everyone. IceTraders is a service provided by 5800341 Manitoba Ltd. 2070 Notre Dame Avenue, Winnipeg, MB R3H 0J8. This Terms of Service agreement is effective December 1, 2009.

     Using IceTraders.com. As a Member level user of IceTraders you may post in the Member’s Only Available Ice area of the web site. In doing so, the following is a list of actions which you must follow. You must:
  • Only post ice times known to be available
  • Mark ice times no longer available within 24 hours of knowing (ice for sale which has expired will automatically be removed from the listings)
  • Not violate any laws
  • Not use any profanity, obscene comments or inappropriate language in your postings
  • Not share your Login credentials (username and password) with anyone
  • Not infringe any third-party right or access
  • Not harvest or collect information about other IceTrader users and account holders without express written consent of IceTraders
  • Not use any automated means to access IceTraders including any robot, scraping tool or spider to collect information or for any other purpose without express written consent of IceTraders
  • Not distribute viruses or other technologies which might harm IceTraders or the interests, property or computers of other IceTraders users
  • Not distribute or upload spam, chain letters or pyramid scheme
  • Not bypass or attempt to bypass security measures or other measures to prevent or restrict access to IceTraders.
  • Not attempt to or impose an unreasonable load on our infrastructure or interfere with the proper working of IceTraders

     Content. The IceTraders web site contains a combination of free ice listings and ice listings which are for sale or trade and which, as they apply to you, you are agreeing to provide and keep current. Your login provides the ability to upload location, dates and times when you have ice for sale which is viewed by the public and contains the contact information you provided. When you give us content you are granting us a non-exclusive, worldwide, perpetual, irrevocable and royalty free right and license to exercise the copyright and database rights to that content as well as to sublicense that content. IceTraders requires these rights to host and display your content. We reserve the right to remove content where there are grounds or suspicion of the violation of these Terms of Service; and can include termination of your account access. IceTraders has no and will accept no responsibility or liability for any of the following:
  1. improperly posted ice times;
  2. inaccurate or misleading Submissions;
  3. failure on the part of any person to make payment or provide consideration for ice;
  4. failure of any person to properly update their Submissions;
  5. any financial matter concerning the transactions that IceTraders facilitates.

     Fees and Services. Using IceTraders to view the available local public ice is generally free. Using IceTraders to post ice times for sale is also free. IceTraders does charge fees for other services, including Members Access to post ice for sale or search within the member’s only ice for sale listings. If the service you use charges a fee, you’ll be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the web site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Further, we may terminate your account access.

     Granting of License. For payment of the fees specified on the web site, if applicable, IceTraders grants you a non-transferable, non-exclusive, world-wide right to access and use the web site and any and all content made available on the web site. The license permits you to access and use the web site in the manner provided for above. Nothing contained on the web site or herein shall be construed as granting you any license or right to use any trademark, logo or design of IceTraders or any third-party, without the written permission of IceTraders or the respective owner of any third-party trademark. By your acceptance of these Terms of Service, you accept the license and agree to use the web site only as described herein.

     Registration. To use certain features of the web site, you may be asked to register with the web site. You agree to (i) provide true, accurate, current and complete information about yourself as prompted by any registration form and (ii) maintain and promptly update the information you provide to keep it true, accurate, current and complete. If IceTraders has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IceTraders has the right to suspend or terminate your access to and use of the web site or any portion thereof.

     Passwords. To use certain features of the web site, you may also need a username and password which you will receive through the web site registration process. You are responsible for maintaining the confidentiality of the password and account. You agree to notify IceTraders immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. IceTraders cannot and will not be liable for any loss or damage arising from IceTrader’s failure or your failure to protect your password or account information.

     Submissions. The web site may provide features that allow you to post messages and content, to interact with IceTraders and other users and to upload files, documents or other materials (a “Submission”). When using any of the features of the web site which allow you to post, upload or make a Submission, it is a condition of your use of the web site that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the web site, interfere or attempt to interfere with the proper workings of the web site or do anything which in the sole discretion of IceTraders imposes an unreasonable or disproportionately large load on the IceTraders web site infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, national or international statute, law or regulation; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities; (v) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii) use the web site for unauthorized commercial purposes, including, without limitation, posting, uploading or transmitting any Submission which contains advertising or which engages in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.

By posting or uploading a Submission to the web site, you grant IceTraders a royalty-free perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submission for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of IceTraders; (ii) consent to your name, address and email appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that IceTraders is not responsible for any loss, damage, or corruption that may occur to your Submission; and (iv) acknowledge and agree that any Submission you provide on the Web Site will be considered non-confidential.

IceTraders may review a Submission before it is posted on the web site and may refuse to post any Submission. IceTraders reserves the right in its sole discretion to edit or remove any Submission whether or not the Submission is in violation of the provisions hereof or is otherwise objectionable, in the sole discretion of IceTraders. You acknowledge and agree that IceTraders may in its sole discretion monitor the Web Site periodically and disclose any information as necessary to satisfy any statute, law, regulation or other governmental or Court request, to operate the web site properly and to protect itself and other users of the web site. Any such disclosure shall be in accordance with IceTrader’s Privacy Policy.

IceTraders is not responsible for the content of any Submission. A Submission represents the views and opinions of the person(s) posting the Submission and does not represent the views or opinions of IceTraders.

While IceTraders is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including without limitation, removing the offending communication from the web site and terminating the party’s right to access and use the web site or any portion thereof

     Limited Warranty. IceTraders does not warrant that the web site will be free from defects, viruses, or of other functional deficiencies or harmful components, that the operation of the web site will be uninterrupted or error free, that any defects or errors in the web site will be corrected, or that communications to or from the web site will be secure and not intercepted. While IceTraders will take reasonable measures to ensure the user data is stored safely and backed up, IceTraders is not responsible for lost or corrupted data files. BY USING THIS WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.

The web site may contain links to third-party web sites. Such links are provided solely as a convenience to you and not as an endorsement by IceTraders of the contents of such third-party web sites. IceTraders is not responsible for the content of any third-party web site including, but without limitation, to (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web site; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party web sites will be corrected or that such third-party web sites will be free from viruses or other harmful components.

While IceTraders encourages links to the Web Site, it does not wish to be linked to or from any third-party web site which (i) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, national or international law or regulation, which may be damaging or detrimental to the activities, operations, credibility or integrity of IceTraders or which contains, posts, or transmits any material or information of any kind which promotes racism, bigotry, hatred, or physical harm of any kind against any group, or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. IceTraders reserves the right to prohibit or refuse to accept any link to the web site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. If applicable, you agree to remove any link you may have to the web site upon the request of IceTraders.

     Internet and Equipment. Since your computer equipment and the general reliability and performance of the Internet is outside the control of IceTraders, IceTraders does not warrant user performance will achieve expected or implied levels.

     Security. The information sent or received over the Internet is generally unsecure and IceTraders does not make any representation or warranty concerning the security of any communication to or from the web site or any representation or warranty regarding the interception by third parties of personal or other information.

     Limitation of Liability.
(a)   IceTraders representations and warranties are only those expressed in this Agreement. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ICETRADERS FURNISHES, AND YOU ACCEPT, THE PROPRIETARY INTERESTS AS IS, WITH NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND THERE ARE EXPRESSLY EXCLUDED THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF CONDUCT OR DEALING INVOLVING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE. ICETRADERS MAKES NO REPRESENTATION OR WARRANTY THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY. THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF ICETRADERS ARISING OUT OF, OR IN CONNECTION WITH, THE TERMS OF THIS AGREEMENT. TO THE EXTENT THAT ICETRADERS MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

(b)   IN NO EVENT SHALL ICETRADERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR REVENUE, LOST SAVINGS, LOSS OF USE, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTED FACILITIES, EQUIPMENT OR SERVICES, OR OTHER ECONOMIC LOSS ARISING OUT OF BREACH BY ICETRADERS OR ANY OTHER PERSON OR PERSONS OF ANY OF ITS REPRESENTATIONS, WARRANTIES OR AGREEMENTS CONTAINED IN THIS AGREEMENT, WHETHER OR NOT ICETRADERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT ANY LIMITED REMEDY FAILED OF ITS ESSENTIAL PURPOSE, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, NEGLIGENCE OR TORT (INCLUDING STRICT LIABILITY). THE FOREGOING LIMITATION SHALL APPLY EVEN IF ICETRADERS KNEW OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

(c)   FURTHER, IN NO EVENT SHALL ICETRADERS BE RSPONSIBLE FOR THE NON-PERFORMANCE, NON-PAYMENT OR NON-COMPLIANCE WITH ANY AGREEMENT MADE BETWEEN USERS OF THE WEB SITE WHICH YOU UNDERSTAND THAT ICETRADERS IS NOT A PARTY AND FOR WHICH ICETRADERS HAS NO FINANCIAL OR OTHER OBLIGATION.

(d)   IN NO EVENT SHALL ICETRADERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF ICETRADERS OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.

(e)   ICETRADERS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB SITE OR ANY ADVERTISER OR SPONSOR OF THE WEB SITE (“THIRD-PARTY USER”). UNDER NO CIRCUMSTANCES SHALL ICETRADERS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUNTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE WEB SITE. USE OR ACCESS OF ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE WEB SITE IS DONE ENTIRELY AT YOUR OWN RISK.

(f)   YOU HEREBY RELEASE ICETRADERS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE OR BY A THIRD PARTY THROUGH THE WEB SITE.

(g)   NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ICETRADERS TO YOU, AND/OR ANY OTHER THIRD PARTY, EXCEED THE AMOUNT ACTUALLY PAID TO ICETRADERS UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION, REGARDLESS OF THE FORM OF CLAIM OR ACTION.

     Personal Information. By using IceTraders, you agree to the collection, transfer, storage and use of your personal information by 5800341 Manitoba Ltd. (the "data controller") on servers located in Canada. We confirm that you have read and understand, and agree to be bound by, the terms and conditions of the IceTraders Privacy Policy.

     General. These terms and the other policies posted on IceTraders.com constitute the entire agreement between IceTraders and you, superseding any prior agreements. This agreement is governed by the laws of Manitoba and the applicable laws of Canada therein. Subject as hereinafter provided, we both submit to the non-exclusive jurisdiction of the courts of Manitoba, Canada. This won’t affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country, province or state of residence) for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion by providing notice in accordance with the notice provision below. You may not assign this Agreement without our prior consent and any such purported assignment by you without our prior consent is void. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:

5800341 Manitoba Ltd. O/A IceTraders.com
2070 Notre Dame Avenue
Winnipeg, MB R3H 0J8

We will send notices to you via the email address you provide. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Please send questions, comments or complaints to Info@IceTraders.com By entering your username and password and having been presented with the above Terms of Service Agreement you can agree to the Terms of Service and click on the “I understand and agree to the Terms of Service with IceTraders”; if you want to continue to use this service. If you do not agree to the Terms of Service do not click on this link and you will not be allowed to continue to access the service. If you agree your acceptance is logged in the database with a data and time stamp, and your IP address for our reference.

     Termination. In its sole discretion, IceTraders may terminate this Agreement on 14 days’ notice to you without cause or reason. Further, should IceTraders determines, in its sole discretion, that you have breached the terms of this Agreement, it may, with or without notice to you: (i) suspend, limit your access to or terminate your use of the web site, (ii) suspend, limit your access to or terminate your account, (iii) prohibit you from using the Web site.

Notwithstanding the foregoing, these TOS will survive indefinitely unless and until IceTraders chooses to terminate these TOS. If you or IceTraders terminates your use of the web site, IceTraders may delete any content or other materials relating to your use of IceTraders.com or otherwise in its possession and IceTraders will have no liability to you or any third party for doing so.

     Dispute Resolution. All disputes arising out of, relating to or connected with these TOS or your use of any part of IceTraders.com will be exclusively resolved under confidential binding arbitration held in Winnipeg, Manitoba, Canada before and in accordance with The Arbitrations Act (Manitoba), by a sole arbitrator applying Manitoba law and the laws of Canada applicable therein (subject as herein otherwise provided). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a court of competent jurisdiction located in Winnipeg, Manitoba, Canada. Each party hereby irrevocably submits to the personal jurisdiction of the Court of Queens’ Bench in the Province of Manitoba. Notwithstanding the foregoing, IceTraders may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

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