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 Terms of Use


Source101 is a directory portal that showcases digital information products, software, articles and videos provided by publishers and affiliate vendors (“they”, “them”). These products and services are offered to the general public over the Internet through Source101 website (“Site”). We provide information & a direct link through our Site that allow you the visitor to buy & use related products and services from the affiliate vendors, register for a free report (if any), download free e-books (if any), software programs (if any), subscribe to newsletter (if any) or refer a friend (if any) ("Service” or “Services").

The Services and usage of the Site are provided to you subject to the terms and conditions set forth in this Terms of Use (“Terms of Use Agreement”) and our Privacy Policy, and any other rules, regulations and policies published on this Site. The terms and conditions detailed below and any other rules or policies set forth on this Site comprise the entire agreement between you the user/visitor and Source101 and supersedes all prior agreements between us.

1. ACKNOWLEDGMENT AND ACCEPTANCE.

PLEASE READ THE FOLLOWING TERMS OF THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. BY CONTINUING TO USE THIS SITE AND COMPLETING THE REGISTRATION PROCESS (IF ANY), YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND IN OUR PRIVACY POLICY. YOU HEREBY ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND IN OUR PRIVACY POLICY, PLEASE EXIT IMMEDIATELY THEN REFRAIN FROM USING THIS SITE IN THE FUTURE.

2. USER RESPONSIBILITIES.
The Terms of Use place important obligations upon you. You agree to the following responsibilities:

• Compliance with our Anti-Spam policy. Please see Section 6 below.
• Restrict all your actions to lawful use of the Services/Site. Please see Section 7 below.
• You are required to create, update and maintain all content in your account including but not limited to newsletter email address, membership information, survey content, email content, address books and current billing and contact information (if any).
• You are required to maintain Email list and Address Book information including opt-out contact information and immediate removal of opt-outs and bounces from email lists and the address book.
• You are responsible for on-time payment for all contracted purchases made through Source101’s affiliate vendors and any subscription/membership fees (if any).
• You take full responsibility for all activity associated with your use of our Site and our Services.
• You must fully comply with all other obligations set forth in this Terms of Use.

We reserve the right to deactivate your account(s) (if any), as we deem appropriate or necessary, without notice. You enter and use the Site and our Services entirely at your own risk. Source101 is not responsible for your activities, surveys, content, results or questions from respondents, other data, collected or any other matter concerning your use of the Site or the Services. We recommend that you keep accurate records of your own survey results and other data in your own personal records as we reserve the right to discontinue your account(s) or terminate the Services at any time. We are not responsible for the deletion of any data that is in or has been added to your account(s). If a User account remains inactive for a period of 12 months, we will deactivate the account.

3. MODIFICATION TO SERVICES PROVIDED; TERMS OF USE.
You acknowledge and agree that we may, with or without notice, modify or terminate the Services and/or the Site. Furthermore, that we may modify the Terms of Use from time to time, including the fees we charge for Services (if any). Modifications of the Service may include, without limitation, changes to the maximum allowable number of free reports, free newsletters, free memberships, memory space, number of entries allowed in the Email List Manager, number of survey responses, number of surveys, number of survey respondents and number of survey questions that may be created, saved, sent or used through the Site in the future.
We will notify you of changes we make to the Terms of Use by posting a notice on our Site, or, if we so choose, by sending you an email. If you do not accept the changes, you must terminate your subscription and/ or use of our site at that time. Your use of the Site or the Services provided after the notice has been posted (or we have sent you an email notification) shall be deemed to be acceptance of the modification or termination of the Services or the new Terms of Use.

4. PAYMENT TERMS & CANCELLATION.
You agree to pay all charges for your contracted purchases from the affiliate’s vendors including any applicable taxes, at the rates in effect when the charges are incurred.

5. PRIVACY.
We are committed to protecting the privacy and confidentiality of the personal information of Users. For more information, please visit the Privacy Policy section. In using the Services and the Site, you also agree to accept and to comply with the Privacy Policy.

6. ANTI-SPAM POLICY.
Source101 is a directory portal that showcases digital information products, software, articles and videos provided by publishers and affiliate vendors. Source101 is committed to being a trusted member of the Internet community. As such, we have adopted these anti-spam policies.
To help maximize the availability of our Services to our community of Users, you the individual user acknowledges, warrants and agrees that:

• You will not engage in any spamming activities through your use of the Services.
• You understand that Source101 is serving as "source host" and is not the seller or the manufacturer / publisher / distributor / retailer of the various products and services offered on our site, and that you are therefore solely responsible for your emailing activities while using the various Services of our affiliate vendors and publishers according to the responsibilities outlined above.
• You warrant that you either have an ongoing business or personal relationship with or have obtained consent to send referral emails from Source101 to a friend on your own email list, inviting participation in a survey, subscription or other activity on Source 101 (if any).
• Your use of the Site and Services must not violate any Canadian, U.S. or foreign spamming, junk mail or other related laws or regulations prohibiting or discouraging the dissemination of unsolicited email.
• If you engage in any unlawful spamming activity, Source101 will report such conduct to the appropriate authorities and turn over any and all information, including personally identifiable information and transaction history to appropriate law enforcement persons or entities for investigation and prosecution.
• We may request at any time that you provide proof that your email recipients have agreed to receive referral emails from you. We may require that you provide the names of a list vendor and documentation of specific opt-in processes you or the vendors may have used to generate a list of referral names.

We will terminate the account of any User (if any) determined to have used the Services of Source 101 in connection with any spam email, redirection of mail or who has otherwise breached the Terms of Use. Please be advised that we may also terminate your account if your mailings result in high bounce rates, a report or complaint of spam against the you the sender, poor monitoring of recipient consents including lax address book and email list management, or lack of compliance with our anti-spam guidelines. We reserve the right to terminate your account(s) and your use of the Services, without notice, if we believe your activities are not in compliance with this Anti-Spam policy. We thank you for your compliance with our Anti-Spam policy and your commitment to good emailing practices.

7. OTHER PROHIBITED USES.
You acknowledge, warrant and agree that:

• You will not transmit through the Service or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content.
• You will not send any transmission that attempts to hide your identity or represents you as someone else (fictitious sender).
• Any attempt by you to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly prohibited.
• You will not use the Service or the Site to send any materials, including surveys and requests to take surveys, to any persons under 18 years of age unless and until you have taken all necessary actions and compliance pursuant to all applicable provincial, state and federal laws.
• You will not knowingly upload or distribute any files that contain viruses, Trojan horses, adware, spyware, corrupted files or any similar software or programs that may damage or interrupt the normal operation of anyone else's computer, the Service or the Site of Source 101.
• You will not interfere or disrupt networks connected to the Service and the Site of Source 101.
• Any attempt by you to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for the use of Source101, is strictly prohibited.
• You will comply with all laws, rules and regulations regarding transmission of high security technical data exported from Canada and the United States.
If you engage in any illegal or banned activity set forth in the paragraphs above or violate any terms or conditions of the Terms of Use, your account (if any) will be terminated and use of the Service and Site will be restricted. We will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to the appropriate law enforcement agencies, persons or entities.

8. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT ALLOWED BY LAW, SOURCE101 EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SOURCE101 ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.

SOURCE101 IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATIONS TO TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY RESPONSES. SOURCE101 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO SOURCE101 NOR THE RESPONSES OR INFORMATION SUPPLIED BY SURVEY RESPONDENTS TO USERS IN RESPONSE TO SURVEYS. SOURCE101 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS NOR DOES SOURCE101 WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. SOURCE101 IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.

SOURCE101 MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES SOURCE101 MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOURCE101 MAKES NO WARRANTY REGARDNG ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE SERVICE OR THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER SOURCE101 NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PURCHASE OF GOODS AND SERVICES FROM THE AFFILIATE VENDORS OR PUBLISHERS, YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY SURVEYS, SURVEY RESPONSES OR SURVEY RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.

10a. PROPRIETARY RIGHTS.
Source101 owns the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Site to the extent such content is provided and/or designed by Source101. It is all protected by some combination of copyrights, trademarks, service marks, patents, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. You are permitted a limited license to use the content of the Service and the Site as authorized herein to make purchases of goods and services from our affiliate vendors, subscribe to our free reports, newsletter, register as a member (if any), refer a friend to Source101 (if any), participate in surveys (if any) and view survey responses (if any) and survey results (if any) for your personal use as an end product only, and you must at all times maintain Source101's copyright symbol on the product (if any) or in any form or medium. Modification or use of Source101's content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, export, distribute or create derivative works from this Site without prior express written authorization from Source101.

10b. NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, OTHER PROPRIETARY MATERIAL.
You agree not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the Service or the Site. If you use any such proprietary material or content, by doing so, you warrant that you have the right and authority to do so.

11. LINKS AND ADVERTISERS.
Source101 may provide advertising space and/or links and pointers to Internet sites maintained by associated third parties. Source101 has not reviewed all of the third party sites nor reviewed any and all products or services they may provide. Source101 is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. SOURCE101 DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON OUR SITE. SOURCE101 DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER ADVERTISED ON OUR SITE OR THAT ARE CONNECTED BY A LINK.

12. TERMINATION.
The Terms of Use and the Service may be terminated by Source101 at any time at our sole discretion. Source101 shall not be liable to you the user or to any third party in any way or manner for our decision to terminate the Service. In the event you should become dissatisfied with the Terms of Use or any future modifications thereof, or with the Service delivered on our Site, your only recourse is to immediately discontinue use of the Service, terminate your subscription(s) (if any), and give notice to us of these actions (if any). Upon termination, your right to use the Service and the Site cease immediately and Source101 shall have no obligation whatsoever to forward or make available to you any surveys, survey responses or survey results (if any).

13. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Source101, its parent entities, subsidiaries, affiliates, associates, officers, and employees, from any and all claims and demands, including attorneys’ fees, due to or arising from your use of the Service, surveys (if any), survey responses (if any), survey results (if any) and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Use.

14. JURISDICTION.
These Terms of Use and the relationship between you and Source101 shall be treated as if you had entered into and executed a contract in the Province of Ontario, Canada and shall be governed and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles. You agree to submit to personal and exclusive jurisdiction and venue of the courts in the cities of Toronto or Mississauga, Ontario, Canada. Source101 makes no representation that the materials and content on the Site or relating to the Services are appropriate or available for purchase or use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. Any claim or demand under these Terms of Use must be made within 1 year of the occurrence of the underlying facts.

15. NATURE OF AGREEMENT.
You agree that your completion of the registration procedure (if any) constitutes agreement to the Terms of Use and our Privacy Policy. Further, the Terms of Use are the entire and only agreement between you the user and Source101 and supersede any prior or other understandings, representations or warranties. You agree that each use of the Services and the Site reaffirms your acknowledgment and agreement to the Terms of Use.

16. UNSOLICITED SUBMISSION.

Source101 welcomes comments regarding the products and/or services offered through the affiliate vendors and publishers of this site. However, our policy is not to accept or consider creative ideas, suggestions, or materials other than those we have specifically requested or solicited. We hope you will understand that it is the intent of this policy to avoid misunderstandings when projects developed by our staff are similar to someone else's creative work or thoughts. Accordingly, we must ask that you NOT send us any such ideas. We do value your feedback about our services and products we choose to promote, but we request that you be specific in your comments about those services and products, and we further request that you NOT submit any creative concepts, ideas, suggestions or materials. If, in spite of our requests NOT to do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Source101. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the Canada. Unsolicited information will be considered to be already in the public domain and is not subject to any privilege or proprietary rights.

17. GENERAL PROVISIONS.
In any dispute arising from the relationship between you the user and Source101 or the Terms of Use, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. The failure by Source101 to enforce any right or provision under these Terms of Use shall not constitute a waiver of that provision or any other provision of these Terms of Use. If any provision of these Terms of Use shall be determined to be invalid or unenforceable by a court of competent jurisdiction, all the other provisions shall remain in full force and effect.

 




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