This website is operated by TalkToGerry.com. Throughout the site, the
terms “we”, “us” and “our” refer to TalkToGerry.com. TalkToGerry.com
offers this website, including all information, tools and services
available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage
in our “Service” and agree to be bound by the following terms and
conditions (“Terms of Service”, “Terms”), including those additional
terms and conditions and policies referenced herein and/or available
by hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors,
customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using
our website. By accessing or using any part of the site, you agree to
be bound by these Terms of Service. If you do not agree to all the
terms and conditions of this agreement, then you may not access the
website or use any services. If these Terms of Service are considered
an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall
also be subject to the Terms of Service. You can review the most
current version of the Terms of Service at any time on this page. We
reserve the right to update, change or replace any part of these Terms
of Service by posting updates and/or changes to our website. It is
your responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any
changes constitutes acceptance of those changes.

SECTION 1 – TERMS

By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your
minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose
nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit information),
may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit information is
always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the service is
provided, without express written permission by us.
The headings used in this agreement are included for convenience only
and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is
not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon or
used as the sole basis for making decisions without consulting
primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your own
risk.
This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this
site at any time, but we have no obligation to update any information
on our site. You agree that it is your responsibility to monitor
changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Our products/services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service
(or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the
Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online
through the website.
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the
right to limit the quantities of any products or services that we
offer. All descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We
reserve the right to discontinue any product at any time. Any offer
for any product or service made on this site is void where prohibited.

SECTION 6 – ACCURACY OF INFORMATION

You agree to provide current, complete and accurate information for
all transactions to be made on your behalf. You agree to promptly
update your information, so that we can complete your transactions and
contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we
neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is”
and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional
third-party tools.
Any use by you of optional tools offered through the site is entirely
at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by
the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through
the website (including, the release of new tools and resources). Such
new features and/or services shall also be subject to these Terms of
Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may
include materials from third-parties.
Third-party links on this site may direct you to third-party websites
that are not affiliated with us. We are not responsible for examining
or evaluating the content or accuracy and we do not warrant and will
not have any liability or responsibility for any third-party materials
or websites, or for any other materials, products, or services of
third-parties.
We are not liable for any harm or damages related to the purchase or
use of goods, services, resources, content, or any other transactions
made in connection with any third-party websites. Please review
carefully the third-party’s policies and practices and make sure you
understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should
be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, you send certain specific submissions (for example blog comments)
or you send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise
(collectively, ‘comments’), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any comments that you forward to us. We
are and shall be under no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments.
We may, but have no obligation to, monitor, edit or remove content
that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or
other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Service or any related
website. You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties as to
the origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility and
assume no liability for any comments posted by you or any third-party.

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service
that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, and
availability. We reserve the right to correct any errors, inaccuracies
or omissions, and to change or update information if any information
in the Service or on any related website is inaccurate at any time
without prior notice.
We undertake no obligation to update, amend or clarify information in
the Service or on any related website, including without limitation,
pricing information, except as required by law. No specified update or
refresh date applied in the Service or on any related website, should
be taken to indicate that all information in the Service or on any
related website has been modified or updated.

SECTION 11 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content: (a)
for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity,
race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related
website for violating any of the prohibited uses.

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use
of the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without
notice to you.
You expressly agree that your use of, or inability to use, the service
is at your sole risk. The service and all products and services
delivered to you through the service are (except as expressly stated
by us) provided ‘as is’ and ‘as available’ for your use, without any
representation, warranties or conditions of any kind, either express
or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no case shall TalkToGerry.com, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers
or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of
any kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict
liability or otherwise, arising from your use of any of the service or
any products procured using the service, or for any other claim
related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content,
or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or
otherwise made available via the service, even if advised of their
possibility. Because some states or jurisdictions do not allow the
exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability
shall be limited to the maximum extent permitted by law.

SECTION 13 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless TalkToGerry.com and
our parent Brokerage, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns 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 these Terms of
Service or the documents they incorporate by reference, or your
violation of any law or the rights of a third-party.

SECTION 14 – SEVERABILITY

In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining
provisions.

SECTION 15 – TERMINATION

The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for
all purposes.
These Terms of Service are effective unless and until terminated by
either you or us. You may terminate these Terms of Service at any time
by notifying us that you no longer wish to use our Services, or when
you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed,
to comply with any term or provision of these Terms of Service, we
also may terminate this agreement at any time without notice and you
will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services
(or any part thereof).

SECTION 16 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating rules posted by
us on this site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and
us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these Terms of Service shall
not be construed against the drafting party.

SECTION 17 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide
you Services shall be governed by and construed in accordance with the
laws of Ontario and/or Canada.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any
time at this page.
We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our
website or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us via our online form.

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