Terms of Use

1. What you should know

Welcome to the luxuryclassified.com web site (hereby referred to as the "Web Site"). By using this Web Site, you (hereby referred to as the "Customer") are indicating that you are 18 years old or older, and agree to be bound by the terms and conditions specified in this Terms of Use (hereby referred to as the "Terms"). The goal of this Web Site is to provide you with access to the most comprehensive network of luxury classified related products/services and related links to meet your needs. Please read our Terms carefully before continuing on with your use of this Web Site. These Terms shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. By accessing or using this Web Site, you agree to the Terms. The Terms are meant to protect all our Web Site visitors and your use of this Web Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE. The Web Site reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting on the website. By using this Web Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.

The content that appears on the Web Site is for informational purposes only. Despite our best efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services you've read about on the Web Site, you should confirm with the vendor any information (including the price) that is important to your purchasing decision. The Web Site is not responsible for, and does not guarantee the quality of, any such goods or services.

We invite you to bring to our attention any material on the Web Site that you believe to be inaccurate. Please forward a copy of the material to our Customer Service Manager at webmaster@luxuryclassified.com, along with an explanation of your objection.

2. Buying and Selling Luxury

This Web Site is a shopping service that brings together buyers and sellers of luxury properties, boats, aircrafts, cars, etc. Information about a particular item is supplied by the seller and not the Web Site. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on the Web Site often exclude sales tax, financing charges, title, license, regulatory, dealer documentary, emission testing, compliance fees, and other related charges, any or all of which may be added to the listed price to arrive at the final sale price of a particular property, vehicle, boat or item. Though we hope that all who come to the Web Site will act honorably and treat each other fairly, we can't verify the information sellers supply or guarantee the property, vehicle, boat or item they offer. Nor can we assure the seller of a property, vehicle, boat or item that the payment he/she gets from the buyer is valid. When using this website to sell your property, vehicle, boat or item or to buy a property, vehicle, boat or item, we urge you to use the same common sense and good judgment you would use in selling a property, vehicle or merchandise through, or responding to, a classified ad in a newspaper or similar service. There is no substitute for healthy skepticism and your own good judgment.

When you offer an item for sale through the Web Site, you must be prepared to sell that item at the price at which, and the terms on which, you've listed it. You must have the ability to transfer title and ownership. To list an item for sale on the Web Site, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any item listed on the Web Site, nor may you use our website to promote, without our prior written permission, any other website, product or service. Place An Ad Luxury Classified listings are available to sellers who want to list their items for sale or rent. The Web Site reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses our website in a manner we consider inappropriate.

Responsibility for the information contained in listings lies with each seller. You alone are responsible for the material you post and for the content of all email messages transmitted through the Web Site. Nothing will undermine a user's confidence in the item(s) you're trying to sell faster than inaccurate statements or misleading representations about the item. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat the Web Site's users fairly and honourably.

Though we can't monitor every transaction that originates on the Web Site, we may perform random quality assurance tests to confirm that those who offer items for sale or for rent over the Web Site are prepared to sell items they advertise at the prices at which, and the terms on which, they advertise them. By using our Place An Ad Luxury Classified service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller is engaging in unfair or deceptive practices, the Web Site reserves the right to deny that seller use of the Place An Ad Luxury Classified service.

Although we cannot monitor all the listings posted to the Web Site, We reserve the right (but assume no obligation) to delete, move, or edit any listing or other posting that comes to our attention as unacceptable or inappropriate, whether for legal or other reasons. By using the Web Site you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy the Web Site. We retain the right to deny access to anyone who we believe has violated the present Terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to the Web Site. However, we may occasionally release information concerning such communications, when release is required to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Terms, or to protect the rights, property or safety of visitors to the Web Site, our advertisers, the public or the Web Site.

By submitting a listing through our Place An Ad Luxury Classified service, you agree to pay the fees specified for the listing options you select, regardless of whether your vehicle, boat or item sells as a result of the listing. Take care in selecting your listing package and inputting your listing information; listing fees are generally not refundable, even if you provide erroneous information or fail to sell your property, vehicle, boat or item.

3. Communication

The Web Site utilizes email as a vital and primary communication channel with customers. As registered users members, customers hereby acknowledge and grant the Web Site the permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purpose the Web Site determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. The Web Site will use its best efforts to honor customers requests to opt out of marketing messages, but under no circumstances will the Web Site have any liability for sending any email to its registered users members/customers.

4. Intellectual Property

The content and other intellectual property available through this web site (including, but not limited to, articles, logos, brands, images, illustrations, audio and video clips, software and databases) is the property of the Web Site and/or its licensors and is protected by copyright and other intellectual property laws. Content received through this web site may be displayed and printed for your personal, non-commercial use only. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this web site to anyone, including, but not limited to, others in the same company or organization, without the express prior written consent of the Web Site, with this one exception: You may, on an occasional and irregular basis, disseminate an insubstantial portion of content from this web site, for a non-commercial purpose, without charge, and transmitted in non-electronic form, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the content in the same form in which the notices appear in this web site, original source attribution, and the phrase "Used with permission from Luxuryclassified.com". You may not post any content from this web site to newsgroups, mailling lists or electronic bulletin boards, without the prior written consent of the Web Site.

5. Limitation of Liability and Indemnification

IN NO EVENT SHALL THE WEB SITE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and the Web Site's entire liability under this Agreement, shall be a refund to Customer of the fees paid to the Web Site hereunder, and in no event will the Web Site's liability for any reason exceed such fee. The Web Site (and its officers, directors, employees and agents) shall not be liable for any damage whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify the Web Site (and its officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorney fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables.

6. Warranty Disclaimers

THE LISTINGS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE WEB SITE MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SERVICES, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND THE WEB SITE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.

7. Links to Third Party Sites

This web site may contain hyperlinks to other web sites operated by parties other than Luxuryclassified.com, Inc. and its subsidiaries which are beyond the Web Site's control. Parties other than the Web Site may provide services or sell product lines on this site that take you outside of apart from our services. This includes links from advertisers, sponsors, and content partners that may use the Web Site's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement, the action may take you off make you leave the Web Site. The Web Site does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. The Web Site does not assume any liability for the actions, products, and content of all of these and any other third parties not explicitly bound through agreement with the Web Site. The Web Site makes no representation and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the Web Site, the site you will land on is not controlled by the Web Site and different terms of use and privacy statements may apply. The Web Site also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

8. Other Rights of the Web Site

Customer agrees that the Web Site shall have the right to use listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet, for unrestricted use by the Web Site's customers and partners. The Web Site shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. The Web Site shall have no obligation to (1) resolve disputes among users of the Services; or (2) monitor or verify the accuracy or proper use of the Listings.

9. User obligations

9.1. You must:

• ensure that you have received any necessary rights and authorizations to publish and advertise any listing descriptions, photographs, financial, contact or other information contained in each Luxury Classified listing;
• ensure that you will not publish or advertise a listing with a photo received from a third party under the terms of a license that does not permit the posting of such photograph on the Luxury Classified website;
• not act in a manner that negatively affects other users of the Web Site;
• ensure the Listing only contains details about a Property and/or your contact details but not anything superfluous;
• ensure the Listing is not unlawful or for an improper purpose and does not contain material that is misleading or deceptive, defamatory, breaches any copyright, trademark or obligation of confidentiality, or that is contrary to privacy legislation or any other applicable law;
• not submit or transmit anything containing a virus or other harmful component.

9.2. You acknowledge:

• And you warrant that you comply with all clauses herein, and that you are authorised as legal owner, or by a person with sufficient rights in the property, vehicle, boat, aircraft, etc. to submit the Listing;
• You are responsible for the contents of any web site you link (or requires Luxuryclassified.coms to link) to the Site;
• and You agree that by submitting a Listing, you grant or have procured to the Web Site a non-exclusive, worldwide, royalty-free licence to use, reproduce and adapt the Listing to the extent necessary to provide advertising and promote the Web Site;
• The Web Site may from time to time edit, refuse to post or remove any Listing (in whole or in part) that it considers objectionable or in violation of these Conditions;
• The Web Site is not obliged to do the things execute the activities stated in the preceding and has no responsibility for content posted or transmitted by other users of the Web Site;
• You are responsible for keeping confidential any password that the Web Site may issue to you in connection with advertising and you are liable for all costs, liability and expenses incurred in connection with the use (whether or not authorised by you) of that password.
• You must comply with all reasonable requests of the Web Site administrators in connection with the advertising and your use of the Web Site.
• You will be responsible for keeping back-up copies of your information including photographs and other material provided to Luxury Classified.
• It is your responsibility to provide Luxury Classified with with any updates and changes of your contact or billing information updates and changes (such as email address, phone number, credit card number). Account updates can be made in your "My Account" section within the Luxury Classified website.

10. Terms of payment

You agree to pay for all products and services ordered through the Luxury Classified website by using the indicated payment methods and authorizing Luxury Classified to charge these fees to your payment provider. The fees for monthly subscriptions are not refundable, regardless of whether the subscription is terminated prior to the end of the monthly billing period.

Prepaid fees will be refunded based on the remaining number of months on the contract period, beginning with the month following receipt of written cancellation, but maybe subject to adjustments according to current pricing and incentives or discounts received for said prepayment. No partial month refunds will be provided.

You may cancel your long-term subscriptions only in written form, either by email to cancellations@luxuryclassified.com or by writing to Luxury Classified, Cancellation Department, 781, William, suite 300, Montréal (Qc) Canada, H3C 1N8.

11. Governing Law

The Luxury Classified "Terms of Use" shall be governed by the laws of the province of Quebec, Canada. The parties herby consent to the exclusive jurisdiction and venue of the provincial courts of Montreal, Quebec, for the adjucation of any disputes or claims arising out of/or relating to this Agreement. If any provision of this Agreement of found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force an effect.