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Welcome to : FINDING BUSI.

To have your business listed in FINDING BUSI, simply submit this form.


NECESSARY, IMPORTANT LEGAL STUFF:



* Please note: There is no charge to be in our third contest DEC 6-12th, 2021. The only thing you have to supply is a prize for a LOCAL-DRAW if it is not supplied by Finding BUSI.




Finding BUSI Terms and Conditions

INTRODUCTION
These Finding BUSI Terms and Conditions (this "Agreement") govern your access to and use of the contests that are made available by 10063845 Manitoba Ltd. (“Finding BUSI”), from time to time, including:
• Our website (our "Site").
• The contests we make available on and through the Site (each, a "Contest"),
all of which products and services provided by Finding BUSI are collectively referred to as the "Finding BUSI Services".
As used in this Agreement, “we” and “us” refers to Finding BUSI, and “you” and “your” refers to the user of the Finding BUSI Services.  The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.

IMPORTANT! YOUR ACCESS TO OUR SITE AND THE FINDING BUSI SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED.  ACCESSING AND USING OUR SITE AND THE FINDING BUSI SERVICES IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE OUR SITE AND/OR THE FINDING BUSI SERVICES.

CONTEST TERMS AND CONDITIONS

Contests: Contests can help bring customers to your door. When you register for a Contest, your business is added to the list of participating businesses in the Contest.  Customers can then take a selfie outside your business location, after registering the location # of the business.  For each Contest, a customer who has registered the location numbers of the businesses listed through the Site will be randomly drawn for a cash prize.

Fees: You must pay all fees (plus any applicable taxes) to register your business for a Contest.  The fees will be as set out on the Site, for each Contest.  Fees are for registration in a single Contest, only.

Free Trials and Discounts: We may offer free-trial or discounted registration for Contests. We reserve the right to determine your eligibility for, and the length of, your free trial or discounted participation in a Contest, in our sole discretion.

Refund Policy: All Contest fees are non-refundable. We will not provide refunds or credits for any Contest. If you cancel your participation in a Contest, you will not be refunded or credited any portion of your fees.

Non-Transferrable:  Your registration in a Contest and your rights in connection therewith may not be transferred without our written consent, which we may withhold in our sole discretion.

Payment Terms: Payment can be made by cash, cheque or e-transfer only.  

GENERAL TERMS AND CONDITIONS

Accounts and User Interaction: In order to access and use some of the Finding BUSI Services, you may in future be required to sign up and create an account (the “Account”) using the Site. This requires you to submit certain information, including your name, email address and a password.  The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account (even if another person has undertaken the activity, you are deemed to be responsible for the purposes of this Agreement, including, without limitation, its indemnification obligations). Therefore, you should protect your password and make your password difficult for others to guess. When you register, you agree to provide accurate, current, and complete information about yourself and update it as necessary. You will not use another person’s Account.

We reserve the right to refuse registration of Accounts, or to cancel any existing Accounts, that we deem to be inappropriate, in our sole discretion. If you use the Finding BUSI Services, you are solely responsible for maintaining the confidentiality of your Account and password, and you agree to accept responsibility for all activity that occurs under your Account. We are not responsible for updating your Account.  When you provide information to us, you represent and warrant that you have legal authority to do so. In particular, you represent and warrant that: you are entitled to submit the information to us; the information is accurate; and the information is not confidential, in violation of any contractual restrictions or third party rights.

Consent to Electronic Communication: When you visit the Site, use the Finding BUSI Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Modification to the Finding BUSI Services and this Agreement: We reserve the right to restrict, suspend, revoke or terminate or otherwise change any aspect of the Finding BUSI Services for any reason whatsoever. We may modify all or one or more parts of this Agreement at any time.  We may provide notice to you of such revisions by means of a general notice on the Site.  Your continued use of the Finding BUSI Services after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.
 
Ownership of Content: For the purposes of this Agreement, “Intellectual Property Rights” means all industrial and intellectual property rights throughout the world including all copyright right and analogous rights, rights in relation to inventions or discoveries, including patent rights, designs, circuit layouts, trade names, brand names and registered and unregistered trademarks, including service marks and moral rights.

All materials related to the Finding BUSI Services, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and information belonging to other users (the “Content“), and all Intellectual Property Rights related thereto, are now and will remain the exclusive property of us and our licensors.

Except as expressly provided herein, nothing in this Agreement shall be deemed to create a licence in the Content or under any Intellectual Property Rights. You agree not to sell, licence, provide access to, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content or the Finding BUSI Services more generally. Use of the Content and the Finding BUSI Services for any purpose not expressly permitted by this Agreement is strictly prohibited.

You retain ownership in and to materials you submit to us, including, without limitation, logos, reviews, comments and other content (collectively, "Your Content"), but you agree to grant us a royalty-free, sub-licensable, irrevocable licence to use Your Content, as we see fit, in our sole discretion, for the purpose of providing the Finding BUSI Services and in connection with any sale of Finding BUSI in whole or in part, including the assets thereof.  We reserve the right to disclose Your Content, at any time, as is required to comply with applicable laws, and the right to remove any of Your Content that is in violation of the terms and conditions of this Agreement.  You also agree that any rights you assert in and to Your Content will be subject to standards of commercial reasonableness.  You represent and agree that you will not post to the Site or the Finding BUSI Services, any trade secrets, confidential information, intellectual property and other proprietary information of any other person, without authorization from such other people, or any obscene or defamatory content.  Your Content (and our use thereof in accordance with this Agreement) shall not knowingly infringe the intellectual property rights, including copyright, patents, trade-marks or trade secrets, of any third party.  You hereby indemnify and hold harmless, us and our owners, subsidiaries, affiliates, representatives, agents, licensors or their respective heirs, administrators, executors, successors and assigns (as the case may be) (collectively, "Others"), from any and all liability or loss, including reasonable counsel fees, which we suffer in connection with any claim or action by reason of a breach of the foregoing representations and warranties.

Trademarks: Certain words, phrases, names, designs or logos on the Site may constitute trademarks, services marks, or trade names that are owned by us or others. The display of such marks on the Finding BUSI Services does not imply that you have been granted a licence by us or others with respect to them.

PRACTICES REGARDING USE AND STORAGE

Storage or Deletion of Content: You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us.

Limits on Storage: We retain the right to create limits on use and storage, at our sole discretion, at any time, with or without notice.  

Our Access to Stored Content: We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect our rights, property or safety, our users or the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.

NO WARRANTY

NO GUARANTEE: Finding BUSI (as the owner and operator of the Contest and the Finding BUSI Services), you and Contest participants are all fully independent contracting parties. Any products or services which you offer to and which are accepted by a customer, are offered and accepted independently from, and to the full exclusion of, Finding BUSI, at a price which you set at your full, sole and exclusive discretion and to the full exclusion of Finding BUSI. For greater certainty, Finding BUSI provides an enabling platform to connect you with customers, only. We have no responsibility to you for anything Contest participants do (or fail to do) and WE PROVIDE NO GUARANTEES THAT YOUR PARTICIPATION IN A CONTEST WILL RESULT IN SOME OR ANY SALES OR OTHER RELATIONSHIPS WITH CUSTOMERS. WE ARE NOT A PARTY TO THE RELATIONSHIP BETWEEN YOU AND ANY OTHER BUSINESS, CUSTOMER OR PROSPECT, AND AS SUCH, WE HAVE NO RESPONSIBILITY TO YOU AS REGARDS ANY RELATIONSHIPS YOU MIGHT ENTER INTO WITH THESE PARTIES.

NO WARRANTY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

Use at Your Own Risk: Access to the Finding BUSI Services is provided "as is" and without warranties of any kind, either express or implied. By accessing and using the Finding BUSI Services, you acknowledge and agree that it is entirely at your own risk. We are not responsible for your reliance on the Finding BUSI Services. While we try to keep the Finding BUSI Services available without interruption, we are not responsible for ensuring the Finding BUSI Services are available or that they will convey information to anyone, on your behalf. If your use of the Finding BUSI Services or the Content results in the need for servicing or replacement of equipment or data, Finding BUSI, its affiliates, and subsidiaries are not responsible for those costs. The Finding BUSI Services include content provided by third parties, including from third-party licensors. All statements and/or opinions expressed in any such third-party content (including but not limited to, user submissions and forum postings), other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect our opinion. Neither us nor our subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns, have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Data Security:  If you upload or transmit confidential, personal information, trade secrets, or other sensitive or restricted content on the Site, you are solely responsible for implementing safeguards beyond the security measures provided by us. You acknowledge that, subject to our compliance with the terms of this Agreement, you upload or transmit this information at your own risk. FINDING BUSI DOES NOT WARRANT THAT THE FINDING BUSI SERVICES WILL OPERATE ERROR-FREE OR THAT THE FINDING BUSI SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE FINDING BUSI SERVUCES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Third Party Links and Information: The Site and other aspects of the Finding BUSI Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Site, you do so at your own risk, and you understand that neither this Agreement or our Privacy Policy [insert link] applies to your interaction with third parties in connection with such sites, advertisements, services, special offers, events or activities.

We are not responsible for any materials or information on the Site or any linked website that you may find offensive, undesirable or objectionable.  Further, we specifically disclaim any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third party information.  You expressly indemnify us from any and all liability arising from your use of any such third-party website, service, or content.

Verification: We are not responsible for verifying your identity, the identity of anyone who uses your Account, or the identity or legitimacy of any other user, posting, resume, or profile.

LIMITATION OF LIABILITY, RELEASE AND INDEMNITY

THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN INDEMNITY, FROM YOU, IN FAVOUR OF US.  PLEASE READ IT CAREFULLY.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US, ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY BREACH OF THIS AGREEMENT, FUNDAMENTAL OR OTHERWISE; OR (B) ANY OF OUR NEGLIGENCE, ACTS OR OMISSIONS; OR (C) ANY PROVISION, DUTY OR REQUIREMENT OF ANY STATUTE; OR (D) THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER; OR (E) LOST DATA, BUSINESS INTERRUPTION OR BREACH OF SECURITY; OR (F) ANY DUTY AT LAW OR IN EQUITY.  UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER ARISING OUT OF, RELATED TO OR CAUSED BY THIS AGREEMENT OR YOUR USE OF THE SITE OR THE FINDING BUSI SERVICES EXCEED THE FEES YOU PAID TO US DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE LOSS. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.

RELEASE:   EXCEPT AS SET OUT HEREIN, YOU AGREE TO RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE SITE AND THE FINDING BUSI SERVICES.

INDEMNITY:  YOU AGREE TO INDEMNIFY, SAVE AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS, CHARGES, INTEREST AND EXPENSES, OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE AND THE FINDING BUSI SERVICES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY AGREE TO PAY ALL COSTS, FEES AND EXPENSES, ON A SOLICITOR AND OWN CLIENT BASIS, WHICH MAY BE INCURRED BY US, RELATING TO YOUR USE OF THE SITE AND THE FINDING BUSI SERVICES.

SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

FOR THE PURPOSE OF THIS SECTION, THE TERMS “WE”, "US" AND "OUR" SHALL INCLUDE OUR AFFILIATES AND OURS AND OUR AFFILIATES' RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS.

CONFLICT OF LAWS

Application of Manitoba Laws: We are physically located, and the activities with respect to the Finding BUSI Services and the Site take place, within the Province of Manitoba, Canada. This Agreement will be governed by the laws of the Province of Manitoba and the laws of Canada applicable therein and shall be treated in all respects as a Manitoba contract, without reference to the principles of conflicts of law. You agree that the Site shall be deemed passive websites solely based in Canada and shall not give rise to personal jurisdiction over Finding BUSI, either specific or general, in jurisdictions other than Canada.

Dispute: In consideration for your right to access and use the Finding BUSI Services, you agree that: (i) you will contact us directly and give us the opportunity to try to resolve any and all disputes before you take any action in court, or otherwise; (ii) any and all disputes, claims and causes of action arising out of or connected with the Finding BUSI Services shall be resolved individually, without resort to any form of class action; (iii) any and all claims, judgments and awards shall not include legal fees; and (iv) and to the extent permitted by law, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Finding BUSI Services, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any intellectual property right of Finding BUSI, its affiliates or any third party, or any privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Finding BUSI, its affiliates or the applicable third parties.

Waiver of Rights: You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the Finding BUSI Services, the exchange of electronic documents between us or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against us or our licensors.
 
Agreement in English: The parties hereto have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

International Matters: Unless otherwise specified, the Site and the Finding BUSI Services are presented solely for the purpose of providing products and services in Canada. We make no representation that the Site, the Finding BUSI Services and all other materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Force Majeure: We will not be liable for failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: (a) acts of God; or (b) failure or disruptions in third-party-controlled or operated communications facilities; or (c) worms, viruses and other disabling or disruptive software, communications or files.
 
Notice: All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given: (i) when delivered by hand (with written confirmation of receipt); (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (iii) on the date sent by facsimile or e-mail (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (iv) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses set forth on the applicable order form (or to such other address as may be designated by a party from time to time in accordance with this Section).

PRIVACY

We respect your privacy. By using the Finding BUSI Services, you consent to your personal information being collected, used, and disclosed in accordance with our Privacy Policy found on our home page at www.FindingBUSI.com, as we deem reasonably necessary for the provision of the Finding BUSI Services, or for any other purposes that are set out in our Privacy Policy, or as required or permitted by law.

If you want to use the Finding BUSI Services, we need you to provide basic information about your organization.  We also need you to let us share some of this information with Contest participants and the public, for the purpose of enabling your participation in a Contest.  You therefore expressly consent to our collection, use and disclosure of the personally identifiable information you provide to us when you register for a Contest and use the Finding BUSI Services, in accordance with applicable laws, and the following principles:

We will use your email address to contact you about newsletters and promotions we believe are of interest to you. If you no longer wish to have your email address/contact information used by us to promote our own or third parties’ products or services, you can opt out by unsubscribing on our home page at www.FindingBUSI.com.

MISCELLANEOUS

Waiver: Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.

Assignment: This Agreement, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement: Our Privacy Policy found on our home page at www.FindingBUSI.com, this Agreement and all other documents referenced in this Agreement, together with any amendments and any additional agreements you may enter into with us in connection with the Finding BUSI Services, together shall constitute the entire agreement between you and us concerning the Finding BUSI Services.

Our Contact Information: If you have any questions about this Agreement, or the Finding BUSI Services generally, please contact us here help@findingbusi.com.



Welcome.

Tom Scott