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MLS MACHINERY Inc.
PRIVACY STATEMENT, LEGAL TERMS AND CONDITIONS

Welcome to MLS MACHINERY Inc.. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Wherever used herein, "MLS MACHINERY Inc." Machinery Multiple Listing Service (MLS MACHINERY Inc.) and includes MLS MACHINERY Inc.'s related or affiliated entities, suppliers and licensors, and their respective directors, officers, employees, consultants and agents.

USER INFORMATION. MLS MACHINERY INC. is the sole owner of information collected on our www.MLS MACHINERY Inc. web site. We will not sell, share, rent, offer or give user information to any other party. MLS MACHINERY Inc. collects user information at several points on our web site.
REGISTRATION. Some services offered to our users require an "account." The user must complete registration information such as the name, company, e-Mail address and phone number.
COOKIES. MLS MACHINERY Inc. utilizes cookies for the benefit of the user. The cookie preserves a user's "account" information from session to session.
LOG FILES. We utilize log files for internal use only for the purpose of web site improvement.
LIST YOUR EQUIPMENT. We require "account" information if a user requests MLS MACHINERY Inc. to list his/her equipment for sale on our web site.
ONLINE LEASING. We require only standard "account" information if a user requests "online leasing" services through our web site. Information collected for the purpose of leasing approval (such as social security number, bank account numbers, etc.) is requested, retained and managed by the leasing company of your choice.
SECURITY. MLS MACHINERY Inc. takes every precaution to protect user's information, both online and off-line. Sensitive information (such as requested Bank Drafts) is not protected and those sent to MLS MACHINERY Inc. via e-mail and or regular mail service is done so at the buyers discretion and in no way or manner will MLS MACHINERY Inc. be held responsible.
COMMUNICATIONS. Some of our services such as "Quotation Request" automatically generate a "welcoming" e-Mail. When user information is changed and becomes incorrect (such as e-mail address or phone number) MLS MACHINERY Inc. staff will contact the user via (phone, Fax, mail) for corrections. Established users on occasion may also receive other communications via fax, e-mail, standard mail, or phone regarding special promotion. Each communication contains an option to decline such promotions in the future. See OPT-OUT below.
OPT-OUT. User's who do not wish to receive MLS MACHINERY Inc. communications may opt-out by sending MLS MACHINERY Inc. an e-mail, letter, telephone or fax with their request to "unsubscribe."
POLICY CHANGES. Any PRIVACY POLICY changes will be posted on our web site. No notice of changes will be sent out. It is the responsibility of users of the MLS MACHINERY Inc. site to check for changes.

The following terms and conditions are in addition to, and are not intended to be in substitution for or in any way in limitation of the Terms and Conditions for users of the Site.

RESTRICTIONS ON USE OF MATERIALS
This Internet site (the "Site") is a service of MLS MACHINERY Inc., which is controlled and operated by MLS MACHINERY Inc. (referred to as "MLS MACHINERY Inc.," "we," "us," or "our" herein). All content included on this Site, such as text, graphics, logos, button icons, images, audio and video clips, and software is the property of MLS MACHINERY Inc., or other parties that have licensed their materials to MLS MACHINERY Inc., and is protected by Canadian and international copyright laws. Unless otherwise stated, no material from this Site or any website owned, operated, licensed or controlled by MLS MACHINERY Inc. may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever, except that you may download or print one copy of the materials for personal, non-commercial use only, provided you maintain all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose (including use of any such material on any other website or networked computer environment) is a violation of copyright and other proprietary rights. You agree to abide by all copyright notices, information and restrictions contained in any content on the Site and any content accessed through the Site.

"MLS MACHINERY Inc." and the "MLS MACHINERY Inc." are trademarks of MLS MACHINERY Inc. used under license by MLS MACHINERY Inc.. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners.

In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software and data accompanying the Software (collectively, the "Software") are licensed to you by MLS MACHINERY Inc.. The license is personal, non-transferable and non-assignable. Title to the Software is not being transferred to you. You own the medium on which the Software is recorded, but MLS MACHINERY Inc., or others, retain full and complete copyright in and title to the Software and all other intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
TERMINATION
These Terms and Conditions are effective until they are terminated by you or MLS MACHINERY Inc.. You may terminate this Agreement at any time by contacting MLS MACHINERY Inc. customer support to disable your account ID. These Terms and Conditions will terminate immediately without notice from MLS MACHINERY Inc. if, in MLS MACHINERY Inc.'s sole discretion, you fail to comply with any material term or provision hereof or if MLS MACHINERY Inc. believes that you, by your conduct, have violated any applicable law or are acting contrary to the interests of MLS MACHINERY Inc.. All of the provisions of this Agreement save and except for Sections 9 and 22, shall survive termination of this Agreement and you agree to remain bound by those provisions that survive termination of this Agreement.
DISCLAIMER
UNLESS OTHERWISE PROVIDED, THE MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MLS MACHINERY Inc., DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY INFORMATION OR ANY MATERIALS CONTAINED THEREON OR OBTAINED OR ACCESSIBLE THEREFROM AND ANY WEBSITE WITH WHICH THE SITE IS LINKED. MLS MACHINERY Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AND/OR SERVICES (INCLUDING, WITHOUT LIMITATION, SERVICES FOR THE TRANSFER OF INFORMATION AND DATA) ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. YOU (AND NOT MLS MACHINERY Inc.) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.

MLS MACHINERY Inc. DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE MLS MACHINERY Inc. NETWORK OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE OR ACCURATE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The Site is controlled and operated at offices in Toronto, Ontario, Canada. Certain services may be hosted on computers in other jurisdictions. MLS MACHINERY Inc. makes no representation that materials or services on the Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.
POSTINGS BY USERS
MLS MACHINERY Inc. does not monitor or review the contents of communications posted to this Site by users. Nor do we confirm the validity of information contained in such postings. MLS MACHINERY Inc. makes no representation or warranty, either express or implied, of any kind with respect to such postings or its contents. We do not vouch for or warrant the accuracy, completeness or usefulness of any posting, and are not responsible for the contents of any posting. Each posting expresses the views of its author, and not the views of MLS MACHINERY Inc. or any entity associated with this Site.

Although MLS MACHINERY Inc. does not review the postings and we are not responsible for the contents of any postings, MLS MACHINERY Inc. reserves the right to delete any posting for any reason whatsoever. Any user who feels that a posting is objectionable is encouraged to contact MLS MACHINERY Inc. by email. MLS MACHINERY Inc. has the ability to remove postings, within a reasonable time frame, if MLS MACHINERY Inc., in its sole discretion, determines that a posting is, for any reason whatsoever, inappropriate for the Site. However, this removal process is a manual one and MLS MACHINERY Inc. may not be able to remove or edit particular postings immediately. MLS MACHINERY Inc. has no liability or responsibility for performance or non-performance of such activities.

You agree you will not attempt to delete or revise postings by any other person or entity, nor will you impersonate any other person.

You agree, through your use of this service, that you will not post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, pornographic, profane, threatening, invasive of any person's privacy or intellectual property rights, or which violates any law or which is otherwise inappropriate. You agree not to post any copyrighted material unless you are the copyright owner. You agree not to post advertisements, chain letters, pyramid schemes, and other forms of solicitation.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MLS MACHINERY Inc. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS OR SERVICES ACCESSIBLE FROM OR OBTAINED THROUGH THIS SITE, EVEN IF MLS MACHINERY Inc., OR A MLS MACHINERY Inc. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MLS MACHINERY Inc.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE.
LINKS TO THIRD PARTY SITES
The links on the Site will enable you to leave the Site and connect directly to linked sites. Such linked sites are entirely independent of the Site, and shall not be construed as any reflection on, any affiliation with, approval of, or endorsement by, MLS MACHINERY Inc. of any such site or entity, or its respective information, publications, products or services. MLS MACHINERY Inc. shall not be responsible for the contents of any site linked to a MLS MACHINERY Inc. site or for any link contained in a linked site. MLS MACHINERY Inc. is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement of the linked site by MLS MACHINERY Inc..
SUBMISSIONS
We would like to hear from you regarding MLS MACHINERY Inc.'s products and services. Please note that if you send us suggestions, ideas, or other information (collectively, "Submissions"), unfortunately we will not be able to return the Submissions to you. Once submitted, the Submissions will become the property of MLS MACHINERY Inc. and MLS MACHINERY Inc. shall exclusively own all rights to the Submissions of every kind and nature throughout the universe, now known or hereafter existing, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, without compensation to you. By providing the Submissions, you assign all copyright in and to the Submissions to MLS MACHINERY Inc. and you waive all moral rights in the Submissions.
JURISDICTION AND SEVERABILITY
You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. You further agree and acknowledge that these Terms and Conditions, and any disputes in connection with your use of this Site or its contents, will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario in any and all actions, disputes, or controversies relating hereto. If any provision of these Terms and Conditions shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable here from and will not affect the validity and enforceability of any remaining provisions.
AMENDMENTS
MLS MACHINERY Inc. reserves the right to make changes to the Site and to modify, alter or otherwise update these Terms and Conditions at any time with or without notice. You should review this link on a regular basis for any such changes. Your continued use of the Site shall constitute your acceptance of any revisions to the Terms and Conditions.
LANGUAGE
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
INDEMNIFICATION
To the maximum extent permitted by applicable law, you will defend, indemnify and hold MLS MACHINERY Inc. harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising out of (i) your breach of any provision of these Terms and Conditions, or (ii) your use of the Site and the contents and services contained on the Site.

MLS MACHINERY Inc. reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any action, claim or matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
USER PRIVACY AND SECURITY POLICY
Use of this Site is subject to the terms of MLS MACHINERY Inc.'s policies, accessible at http://www.MLS MACHINERY Inc. You recognize and agree that: (i) the Internet is not a secure medium, and neither the privacy of your communications, nor visits to this Site, can be guaranteed; (ii) the nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays; (iii) the Site may include incomplete information, inaccuracies or typographical errors; (iv) MLS MACHINERY Inc. and any other persons involved in the management of the Site may make changes in the information and content included in the Site at any time without notice; (v) MLS MACHINERY Inc. shall not be responsible for any detrimental reliance you may place on the Site or its contents; and (vi) use of the Site is on an "as is" basis and is strictly at your own risk.

You recognize and agree that although MLS MACHINERY Inc. security efforts are generally consistent with industry practice in Canada, your complete privacy, confidentiality and security associated with any communications between us is not yet possible over the Internet, and therefore cannot be guaranteed. As a result, MLS MACHINERY Inc. shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Site.

You must not attempt to violate the security of the Site, including without limitation, (i) attempting to log into an account or server which you are not authorized to access or (ii) attempting to interfere with the services provided by the Site through means of a virus or flooding or otherwise overloading the Site's servers, or by any other similar or dissimilar means.
U.S. GOVERNMENT END USERS
The software available on this Site is a "Commercial Item," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" as such term may be used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software is licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
PRODUCTS/SERVICES SUPPLIED FROM OUTSIDE ONTARIO
You acknowledge and agree that certain products and/or services available on the Site may be supplied by third parties resident and operating outside the province of Ontario and/or may be hosted on computers located outside of the province of Ontario.

ADDITIONAL LEGAL TERMS AND CONDITIONS FOR USERS OF MLS MACHINERY Inc.
The following terms and conditions are in addition to, and are not intended to be in substitution for or in any way in limitation of, the Terms and Conditions for users of the Site.

MLS MACHINERY Inc. MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ANY MLS MACHINERY Inc. PRESS OR MLS MACHINERY Inc. WEB MAIL PRODUCTS OR SERVICES, AND MLS MACHINERY Inc. AND ITS AFFILIATES, SUPPLIERS AND LICENSORS DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION THEREWITH.
MLS MACHINERY Inc. SHALL HAVE NO LIABILITY WHATSOEVER TO YOU, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHERWISE.
To the extent that you choose to deal with advertisers or participate in promotions on the Site, any terms, conditions, representations or warranties associated with your dealings are strictly between you and the advertiser. MLS MACHINERY Inc. hereby disclaims any responsibility or liability in respect of such dealings.
You are solely responsible for the contents of your messages, files and other information (collectively, "Files"), and MLS MACHINERY Inc. acts only as a passive conduit/storage for your online distribution and publication of such content. You understand and agree that MLS MACHINERY Inc. reserves the right, on twenty-four (24) hours notice to you, to remove (or have removed) from its servers any Files which it believes, in its sole discretion, may damage MLS MACHINERY Inc.'s or its suppliers or licensors' systems or create liability for it or its suppliers or licensors, and you hereby grant access to MLS MACHINERY Inc. and its authorized representatives to effect such removal and consent to such removal. If you so request during this twenty-four (24) hour period, a copy of the Files to be removed will be transmitted to you. You waive any claim arising from any such File removal.
You represent and warrant that the Files (or the use, storage, or distribution thereof): (i) do not infringe on any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) do not violate any law, statute, ordinance or regulation, including without limitation those pertaining to export control, unfair competition, anti-discrimination and false advertising; (iii) are not defamatory or trade libelous; (iv) are not obscene, pornographic or otherwise contrary to the laws of Canada; and (v) do not contain any harmful or deleterious programming routines.
MLS MACHINERY Inc. explicitly disclaims any representations or warranties of privacy or integrity regarding your account or any Files distributed through it.
You agree not to rely on the MLS MACHINERY Inc. services or the MLS MACHINERY Inc. Web Mail Service for transmitting critical life support information nor otherwise to rely on the MLS MACHINERY Inc. Service to sustain, improve, or rescue the health or well-being of any person nor in connection with activities which afford a high risk of loss of property or life.
Within reason, you agree to accept informational transmissions from MLS MACHINERY Inc. and/or its affiliates, suppliers and licensors to your account within the MLS MACHINERY Inc. services and/or to your e-mail address.
You acknowledge that the amount of storage space for MLS MACHINERY Inc. documents and e-mail messages are limited. Some document transmission and/or e-mail messages may not be processed or may be delayed due to space constraints or outbound message limitations. You agree that MLS MACHINERY Inc. is not responsible or liable for any delay in delivery of, the deletion of, or the failure to store, messages or other information.

The following terms and conditions are in addition to, and are not intended to be in substitution for or in any way in limitation of the Terms and Conditions for users of the Site.

The Internet changes constantly and no searching or indexing technique can possibly index all relevant pages accessible through the Internet. As a result, MLS MACHINERY Inc. does not guarantee that your search results will be complete or accurate or that the links associated with the indexed sites will be accurate at the time of your search.
The identification, indexing and cataloguing of web sites is done automatically by software with no opportunity for advance manual review of the content. Given the enormous volume of information added to and changed on the Internet on a daily basis, MLS MACHINERY Inc. cannot and does not screen the sites that are included in the index. Therefore, MLS MACHINERY Inc. assumes no responsibility for the content of any site included in the index.
Unless otherwise stated, no material may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever, except that you may print one copy of the materials for personal, non-commercial use only, provided you maintain all copyright and other proprietary notices. Data may not be extracted from, or copies made of, the data provided.
Notwithstanding anything in this Agreement, neither MLS MACHINERY Inc. nor any person whose database or other product is operated or distributed by MLS MACHINERY Inc., guarantees that a database or any data or document within a database is complete and wholly accurate, nor that any service will function without failure or interruption. You assume the entire risk as to the results and performance of and any other products and services provided by MLS MACHINERY Inc..

Version 04.02
April 23, 2002