This Agreement between you and MLR Resort Ltd. (“MLR”) describes the terms and conditions applicable to your use of our Cabin for Sale listing services (“Listing Services”) available under the domain and subdomains of www.mareanlakeresort.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use the Site or access our services.

You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Terms of Use, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Listing Services.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 10 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and “MLR”. This agreement is effective upon acceptance of your listing request by MLR. MLR reserves the right to refuse any listing that it deems inappropriate or offensive.

The previous amendment to this Agreement was effective for all users on March 1, 2007.

1. Listing and Selling

1.1 Acceptable Items. Acceptable items that may be listed are cabins or trailers that are located on the land owned by MLR. MLR shall have the sole discretion in determining the acceptability of any item for listing on the Site.

1.2 Listing Description. You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.

1.3 Fraud. Without limiting any other remedies, we may suspend or terminate your listing if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site.

2. Your Information

2.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

2.2 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation.

2.3 License. Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright and publicity rights (but no other rights) you have in Your Information.

3. Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your personal information as described in the Privacy Policy. We view protection of users' privacy as a very important principle.

4. No Warranty

WE, OUR SUBSIDIARIES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE, UNLESS SPECIFICALLY REQUIRED BY LAW.

5. Liability Limit

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND $50.00 CANADIAN CURRENCY.

6. Indemnity

You agree to indemnify and hold us and our subsidiaries, related companies, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

7. Legal Compliance

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your listing, solicitation of offers to purchase, and sale of items.

8. General

This Agreement shall be governed in all respects by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein. You agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of Saskatchewan and acknowledge that you do so voluntarily and are responsible for complying with local laws excluding conflicts of laws principles therein. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated terms and conditions may be automatically assigned by MLR in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2.3 (License), 4 (No Warranty), 5 (Liability Limit) and 6 (Indemnity) shall survive any termination or expiration of this Agreement.

[BACK TO TOP]

[I AGREE (continue)]

[RETURN TO PREVIOUS PAGE]