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ASKOOL MEMBER AGREEMENT

This is a legal agreement between you and Gestion 888 Quebec Inc., doing business as A-S-K-O-O-L and hereinafter referred to as "ASKOOL". If ASKOOL accepts your Member Sign-up Form, you will become a "Member" having access to the Site (Expert, Seller and Ad services) only under the policies, terms and conditions below.

For convenience, we will refer to the ASKOOL.com website, Mail (any email you send from your Member account to another Member), Phone services, e-Store, Advertisement Services and any content therein provided by ASKOOL as the "Site." We will refer to any advice, information, entertainment services and other products or services you may receive from Members or their listings on the Site as the "Expert Services." We will refer to any physical or downloadable products, and interfaces allowing a Member to sell a product to another Member as “Seller Services”. We will refer to any promotion pages and listings made by our Member as “Ad Services”. Members who solicit or receive Expert, Seller or Ad services will be referred to as "Members." Members who create listings and/or Ads, and/or provide Expert Services and/or Products will be referred to as "Services Providers."

The policies, terms and conditions below limit ASKOOL's liability and obligations to you and allow ASKOOL to change, suspend or terminate your access to and use of the Site and its Services (Expert, Seller and Ad Services). We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the Site. To the extent that there are any conflicts between the terms or conditions in such related policies and the Member Agreement, the terms and conditions of the Member Agreement shall govern.

YOU UNDERSTAND THAT BY CLICKING THE BUTTON TO CONTINUE ON THE REGISTRATION PAGE, BY USING THE SITE AND ANY SERVICES INCLUDING ANY CONTENT PROVIDED THEREIN, BY INITIATING ANY FORM OF COMMUNICATION WITH A MEMBER OR BY POSTING ANY LISTINGS ON THIS SITE, YOU ARE AGREEING TO BE BOUND BY THIS MEMBER AGREEMENT THAT BINDS YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU.

ALL USE OF THE SITEAND ITS SERVICES (EXPERT, SELLER OR AD SERVICES) IS SUBJECT TO THE TERMS OF THIS MEMBER AGREEMENT AND THE POLICIES, TERMS AND INSTRUCTIONS REFERENCED IN THE SITE, WHICH ARE INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THIS MEMBER AGREEMENT IN ORDER TO ACCESS AND USE THE SITE AND ITS SERVICES (EXPERT, SELLER OR AD SERVICES). IF YOU DO NOT ACCEPT THIS MEMBER AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE AND ITS SERVICES (EXPERT, SELLER OR AD SERVICES).

Eligibility to use the Site and its Services (Expert, Seller and Ad Services) is limited
The Site and its Services (Expert, Seller and Ad Services) are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and its Services (Expert, Seller and Ad Services) are not available to temporarily or indefinitely suspended Members.

You shall not use the Site or become a Member if you are located or reside in a country (a) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or (b) is prohibited from entering into trade relations with Canada and its citizens.

You use or provide Expert Services, consult with Experts, advertise services, sell products or buy products at your own risk
(a) ASKOOL does not evaluate, provide or control the Expert Services or the Seller Services, or information or exchanges between Members, in any manner. ASKOOL does not itself provide any advice, information entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any Expert or Seller.

Instead, ASKOOL acts as a facilitator to allow Members to share advice, information entertainment services or other products or services among themselves. Although ASKOOL helps its Members connect with each other, it does not monitor the advice exchanged, and, as a result, ASKOOL does not control, nor is responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Members, including without limitation any information contained in Expert listings or made available through this Site. ASKOOL is not responsible for use or exchange of any information, files or goods between Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and its Services, in evaluating the qualifications of, and statements made by, Members in listings or through the Member feedback system, and in disclosing personal information to other Members. ASKOOL recommends that you do not disclose personal contact information to Members. If you do, you do so at your own risk. Placement of a Member in a particular subcategory does not mean that they are qualified in any such area or category. ASKOOL assumes no responsibility for monitoring any Member feedback or otherwise policing its Members in any way. If you ever believe that a Member has violated the law or is defrauding, threatening or endangering anyone, ASKOOL urges you immediately to contact the police directly for help. In addition ASKOOL does not recommend or encourage Members to use the Site or its Services to solicit other Members to meet with them in person.

(b) The Site acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats including a fixed priced format and an auction-style format commonly referred to as "online auctions". We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction.

(c) ASKOOL does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information entertainment services or other products or services provided by Services Providers or Members, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Service Provider by ASKOOL. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the services provided on the Site. Members who initiate, receive and/or discontinue use of Service provided on the Site do so entirely at their own risk, and ASKOOL bears no responsibility in this regard. ASKOOL does not monitor telephone conversations between Members. However, ASKOOL reserves the right to contact Members and review Mail without revealing its identity, in order to evaluate compliance with the rules and policies set forth in this Member Agreement.

(d) If you have a dispute with another Member, or suffer any harm arising out of or connected with any Services (Expert, Seller and Ad Services), you hereby waive all claims against and release ASKOOL (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Expert Services or with regard to such disputes. If you are a Quebec resident you waive all claims and rights provided under the Civil Code of Quebec.

ASKOOL may modify this Member Agreement, or suspend or terminate your use of the Site at any time without notice to you
(a) ASKOOL reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. All modified terms and conditions will be effective thirty (30) days after they are initially posted on the Site. Changes to the Payment Policy are effective after ASKOOL provides Services Providers with at least fourteen (14) days notice of the changes by emailing Services Providers. If any modification is not acceptable to you, your only recourse is to cease using the Site and its Services (Expert, Seller and Ad Services). By continuing to use the Site and any Services following any posting of a new Member Agreement or policies on the Site, you accept and agree to be bound by the new Member Agreement or policies.

(b) Without limiting other remedies, ASKOOL may at any time suspend or terminate your Membership and refuse to provide access to the Site without reason or notice to you. In addition, ASKOOL may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if ASKOOL suspects that you have failed to comply with any provision of this Member Agreement or any policies or rules established by ASKOOL; (ii) if ASKOOL is unable to verify or authenticate any billing or payment information you provide to ASKOOL; or (iii) if ASKOOL suspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, ASKOOL or the Site. You have the right to cancel your Membership in ASKOOL by contacting the Customer Support and requesting to cancel the account. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to ASKOOL.

The Site is only a venue for Member listings
ASKOOL acts only as an interface to facilitate communications and exchange of goods and services initiated between Members. As a Member, you are not an employee, agent or contractor of ASKOOL and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and its Services (Expert, Seller and Ad Services), and for reporting and payment of all taxes associated with fees transferred to you by ASKOOL.

You are solely responsible for all use made of the Site and its Services (Expert, Seller and Ad Services) under your password and Member account information and agree to pay for all Services or Goods purchased using your password and Member account information
(a) The rates for Services are as set forth in the applicable listing or in the e-store. "Transaction" means any live or recorded call through the Site initiated using your password and Member account information, information, entertainment services or other products or services from an Service Provider who lists a fee for that service or product. You hereby authorize ASKOOL to collect fees for each Transaction by debiting your Member account or your credit card immediately upon conclusion of each Transaction, regardless of quality or completeness. Fees for live calls are calculated based on the per-minute rate listed and the duration of the call. Fees for recorded calls are determined based on the listed fee. Fees for Paid Mail or Shipping Costs are collected immediately upon acceptance of the Paid Mail or Shipping Costs, regardless of quality or completeness, by the receiving Member and are determined as set forth in the Service Provider’s listings. You authorize ASKOOL, directly or through third parties, to make any inquiries we consider necessary to validate your Member account and/or listing information. This may include ordering a credit report and performing other credit checks or otherwise verifying the information you provide.

(b) You agree to maintain the confidentiality of your password and Member account information and to supervise all activities that occur under your Member name, password or Member account, including, but not limited to, any and all usage of the Site by other persons under your Member name and password. You agree that you will not permit, enable, introduce or facilitate (i) non-Members having access to or use of the Site or its Services in any manner without such individuals first becoming Members and (ii) other Members to use a specific Service at the same time that you are doing so.

(c) You agree that ASKOOL is not responsible for any loss that you may incur as a result of any unauthorized person using your Member account or password. You agree that ASKOOL may use information provided by you.

(d) Based on Member account use and other factors identified by ASKOOL in its sole discretion, ASKOOL may require verification of your credit, identity and/or other background information in order for you to continue using the Site. In such event, you agree to provide ASKOOL with additional information that may be requested, you consent to ASKOOL's disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information, and you authorize ASKOOL to obtain a consumer credit report from consumer credit reporting agencies and to verify your identification.

(e) ASKOOL can institute a promotion to allow future customers to discover and test the services offered by the Site. ASKOOL can thus offer free minutes. In such a case, ASKOOL will pay for the connection and long distance charges associated with these calls, but will not pay the Experts' fees publicised by the Service Suppliers. ASKOOL commits to make this promotion effective and to prevent any misuse.

In using or accessing the Site and its Services, you agree to comply with the following:
(a) You (as a Member receiving Services) will not record or otherwise store any live or pre-recorded voice Expert Services that you receive through the Site. You (as Service Provider) will not record or otherwise store any calls you conduct with a Member. Notwithstanding the foregoing, Experts may provide pre-recorded voice Expert Services to Members.

(b) You will not use the Site for any purpose that is unlawful, fraudulent or contrary to this Member Agreement and the policies of ASKOOL, and you will cooperate fully with ASKOOL to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized ASKOOL representatives access to any password-protected portions of your Member account.

(c) You will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.

(d) You will conduct all for-fee communications that you have with other Members only through the Site, and you will not circumvent or attempt to circumvent the Site using third-party payment services.

(e) You will not use the Site in any manner that harasses another Member or could interfere with any other party's use or enjoyment of the Site. You will respect the privacy of others and not use the Site for unwelcome, rude or abusive communications.

(f) You will not attempt to gain unauthorized access to any Member account information, computer systems or networks associated with the Site.

(g) You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.

(h) You will not "frame", "mirror" or otherwise copy any portion of the Site without ASKOOL's express written authorization.

(i) You will continue to provide true, accurate and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide to ASKOOL, as applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.

(j) You will not use the Site to solicit Members, to promote any product or services other than the products or services described in your Member listing which are provided through the Site, to provide any product or services related to, claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants "get rich quickly” or "make money surfing the Web").

(k) You will not transmit "junk mail", "spam", "chain letters" or unsolicited mass distribution of email or bulletin board postings, or transmit solicitation for employees, consultants, contractors or for participation on other websites.

(l) You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.

(m) You will not take any actions which may undermine the Member referral system, or the Member feedback system used to solicit feedback from Members, including without limitation leaving positive feedback for yourself or other Members, using secondary Member names or third parties or leaving negative feedback if a Member fails to perform some action that is outside the scope of the services described in his or her Member listings.

(n) You will not create obscene, offensive, tasteless, defamatory or hateful Member names or content for listings.

(o) You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the Member Agreement and ASKOOL policies.

(p) You will not post, make or sell on the Site or through its Services any product, service, content, communication or information with an adult, sexual and pornographic orientation.

(q) You will not impersonate any person or entity, or make any false statement regarding your employment, agency or affiliation with any person or entity;

As between the parties, ASKOOL shall retain all ownership in the Site including all URLs and any content created or derived from the Site
You shall and hereby do assign to ASKOOL all right, title and interest in and to any material, ratings, suggestions and/or comments submitted by you as part of the Member feedback system. You grant ASKOOL the right to use or reference your Member name on the Site and elsewhere to promote the Site without your consent or compensation to you.

If you act as a Service Provider, you will comply with and be subject to ASKOOL's Payment Policy
ASKOOL's Payment Policy is available on this Site and is incorporated into this Member Agreement by reference.

Account Maintenance Fee
ASKOOL may charge an Account Maintenance Fee of two dollars ($2.00) per month for all inactive Member accounts, which have been inactive for a period of twelve (12) months.

ASKOOL's disclaims any warranties or representations regarding the Site and its Services (Expert, Seller and Ad Services) are limited
THE SITE AND ANY SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. ASKOOL AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, EXPERT SERVICES, ALL COMMUNICATIONS BETWEEN MEMBERS AND ALL EXCHANGE OF GOODS BETWEEN MEMBERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

In addition, ASKOOL makes no representation or warranty that the operation of the Site will be error free.

ASKOOL's liability for your access and use of the Site and its Services (Expert, Seller and Ad Services) is limited
UNDER NO CIRCUMSTANCES WILL ASKOOL OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR ITS SERVICES, WHETHER OR NOT ASKOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASKOOL AND ITS SUPPLIERS' AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY EARNED BY ASKOOL FROM YOU (AFTER PAYMENTS TO SERVICE PROVIDERS AND OTHER THIRD PARTIES) IN THE PREVIOUS TWELVE (12) MONTHS, AND (b) ONE HUNDRED DOLLARS ($100). ASKOOL WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

ASKOOL prohibits the unauthorized use of copyrighted materials
YOU SHALL NOT USE THE SITE OR ITS SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

Links to Other Websites
The Site may provide links to websites other than ASKOOL. Such links are provided for reference only, and ASKOOL neither controls such websites nor endorses any of the material on any such websites.

Notice
Any notice or other communication to be given hereunder will be in writing and given (a) by ASKOOL via facsimile, receipt confirmed, Canada mail or email (in each case to the number or address that you provide), and (b) by you via email to contact@ASKOOL.com. The date of receipt shall be deemed the date on which such notice is transmitted in the case of facsimile or email, and five (5) days after receipt by Canada Post.

No Assignment
You shall not assign this Member Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of ASKOOL. Any such purported assignment or delegation by you without the appropriate prior written consent of ASKOOL will be null and void and of no force or effect, unless otherwise expressly consented to by ASKOOL at its sole and absolute discretion. ASKOOL may assign this Agreement or any rights hereunder without your consent.

Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of this Member Agreement each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.

Arbitration
Any controversy or claim arising out of or relating to this Member Agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the Quebec Civil Code. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Montréal, Quebec. Notwithstanding anything to the contrary, ASKOOL, the Member or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

You consent to the use of (a) electronic means to complete this Member Agreement, to use the Site and its Services (Expert, Seller and Ad Services) and to provide you with any notices given pursuant to this Member Agreement, and (b) electronic records to store information related to this Member Agreement or your use of the Site
You can request a copy in paper form of this Member Agreement and any other records relating to this Member Agreement or your use of the Site by sending a written request to ASKOOL, 172, rue de l’Anse, Saint-Lambert-de-Lévis-Lauzon (Quebec) G0S 2W0 Canada. You understand and agree that this Member Agreement and any notices given pursuant to this Member Agreement are enforceable in electronic format.

Contracts in English and French
It is the express wish of the parties that this document and any related documents be drawn up and executed in English or French. Les parties aux présentes ont expressément demandé que ce document et tous les documents s'y rattachant soient rédigés et signés en français ou en anglais.

Miscellaneous
If any provision of this Member Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. ASKOOL's failure to act with respect to a breach by you or others does not waive ASKOOL's right to act with respect to subsequent or similar breaches. The failure of ASKOOL to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This Member Agreement shall be governed by and interpreted in accordance with the laws of the Province of Québec. The parties acknowledge that this Member Agreement evidences a transaction involving interprovincial commerce. You agree that this Member Agreement and the Member rules and restrictions and policies contained herein, and ASKOOL’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and ASKOOL. This Member Agreement together with the rules and policies of ASKOOL constitutes the entire agreement between ASKOOL and you.

Violation
The Member may report any violation of this Agreement to legal@askool.com.

 

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