If you need immediate assistance, please give us a call at 1.877.892.7741 or email us at support@salefish.app.
We collect various types of information about our users in connection with the Services, including:
We also may collect information in ways that we describe to you at the point of collection or otherwise with your consent.
We use the information we collect to, among other things:
We may share your information with:
We may provide aggregated information, and data with personal identifiers removed, to third parties to describe how our customers are using the Services. We also may share information about you with third parties whenever you consent to or direct such sharing.
We and other companies that provide advertising and other services on our Services may use cookies, web beacons, do-not-track signals and similar technologies to improve and customize your advertisements and your experience using our Services.
You are able to manage the privacy and access choices available to you. For example, you may block cookies and similar technologies, opt out of receiving certain targeting real estate inventory, advertising, and opt out of receiving commercial communications. In some circumstances, you also may have a right to access, update, and correct inaccuracies in your personal data.
SaleFish Inc. is certified for Cyber Security by Cyber Essentials Canada (CEC). Cyber Essentials is the most comprehensive annual third party cyber certification process for business in the world today. For more information about the certification visit Cyber Essentials Canada.
SaleFish Inc. knows that your privacy is important. This Privacy Policy sets out our privacy practices that apply when you use any website, mobile or tablet application, or other online service or platform of SaleFish Inc. that links or refers to it (collectively, the “Services”), as well as our interactions with you on third party platforms (such as social media).
We collect personal information about our users in various ways. For example, we collect information that you provide to us, information that we collect through your use of the Services, and information that we collect from publicly available sources or third parties.
We collect information you give us when you use the Services. For example, when you visit one of our websites or use one of our Services, create an account with us, participate in a survey or promotion, we may ask for information such as your name, e-mail address, year of birth, birthday, gender, street address, or mobile phone number so that we can provide Services to you. We may collect payment information, such as your credit card number, security code and expiration date, to process a financial transaction you have requested. We also may collect information about the real estate you purchase, including what, where and how frequently you purchase.
In addition to the information you provide to us directly, we may collect information about your use of the Services. For example, we may collect:
We may acquire or receive information about you from publicly and commercially available sources, as permitted by law, which we may combine with other information we receive from or about you. For example, we may receive information about you from a social media site if you connect to the Services through that site.
We also may collect other information about you, your device, or your use of the Services in ways that we describe to you at the point of collection or otherwise with your consent.
We will keep your personal information for as long as it is needed to fulfil the purposes for which it was collected and in order to comply with legal or regulatory requirements. This may mean that some information is held for longer than other information.
The following provides information about entities with which we may share information. Our practices vary depending on the type of information and sharing.
We may share information within our family of affiliated companies so that we may provide offers from those companies that may be relevant to you, better understand your preferences, and improve our Services.
We may also share your information with business partners to provide you with Services that you request. For example, if you sign up for a promotion that runs on our Services but that is sponsored or co-sponsored by another company, your information may be shared with that sponsor. We are not responsible for the privacy practices of these entities and recommend you review their privacy policies carefully.
We may share information with companies providing services on our behalf, such as hosting vendors, advertising service providers, data analytics companies, marketing service companies, and list managers. We also may share your information, including your payment information, as appropriate to process your payments for the Services or complete a transaction. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other unrelated purposes.
If you connect a social media account with the Services or engage with our services through a social media platform, we may share your information with that social media platform, and it may share information about you with us. We may use this information to personalize your experience on the Services and on the third-party social media platforms, or to provide you with offers or other inventory or Services you may request. The social media services’ use of the shared information will be governed by the social media services’ privacy policy and your social media account settings. If you do not want your information shared in this way, do not connect your social media service account with the Services.
Some of the content, advertising, and functionality on our Services may be provided by third parties, such as our customers or advertisers. These companies may collect or receive certain information about your use of the Services, including through the use of cookies, beacons, and similar technologies, and this information may be combined with information collected across different websites and online services in order to deliver ads that are more relevant to you, both on and off our Services.
We and our service providers (including affiliates) may use and share your personal information as we believe is necessary or appropriate to protect, enforce, or defend the legal rights, privacy, safety, or property of the Services, our employees or agents or users, to detect, suppress or prevent fraud or where otherwise required or permitted by applicable law or legal process, including responding to a search warrant or other legally valid requests from public and government authorities (which may include lawful access by U.S., Canadian, or other governmental authorities, courts or law enforcement agencies).
We reserve the right to transfer any information we have about you in the event that we sell or transfer all or a portion of our business or assets to a third party, such as in the event of a merger, acquisition, or in connection with a bankruptcy reorganization.
In addition to the sharing described in this Privacy Policy, we may share information about you with third parties whenever you consent to or direct such sharing.
We and other companies that provide advertising and other services on our Services may use cookies, web beacons, and similar technologies to facilitate administration and navigation, to better understand and improve our Services, to determine and improve the real estate inventory and advertising shown to you here or elsewhere, and to provide you with a customized online experience.
We may use third parties to serve advertisements on our Services and on other websites and digital platforms. These companies may use cookies, web beacons or other technologies to report certain information about your visits to our Services and other websites (such as web pages you visit and your response to ads) in order to measure the effectiveness of our marketing campaigns and to deliver ads that are more relevant to you, both on and off our Services. To learn more and to opt-out of having your information used by these companies for online behavioral advertising purposes, please see “Choices with Respect to Interest-Based Advertisements” below. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms. We may do this by providing a hashed version of your email address or other information to the platform provider.
“Cookies” are small files that are placed on your computer when you visit a website. Cookies may be used to store a unique identification number tied to your computer or device so that you can be recognized as the same user across one or more browsing sessions, and across one or more sites. Cookies serve many useful purposes. For example:
Most browsers accept cookies automatically but can be configured not to do so. If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies. If you disable cookies, it may interfere with the functioning of the Services.
We, along with third parties, also may use technologies called beacons (or “pixels”) that communicate information from your device to a server. Beacons can be embedded in online content, videos, and emails, and can allow a server to read certain types of information from your device, know when you have viewed particular content or a particular email message, determine the time and date on which you viewed the beacon, and the IP address of your device. We and third parties use beacons for a variety of purposes, including to analyze the use of our Services and (in conjunction with cookies) to provide real estate inventory and ads that are more relevant to you both on and off the Service.
Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, the Services currently do not take action in response to these signals. If and when a final standard is established and accepted, we will reassess how to respond to these signals.
We, along with third parties, may use other kinds of technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage, in connection with our Services. These technologies are similar to the cookies discussed above in that they are stored on your device and can be used to store certain information about your activities and preferences. However, these technologies may make use of different parts of your device from standard cookies, and so you might not be able to control them using standard browser tools and settings. For HTML5 local storage, the method for disabling HTML5 will vary depending on your browser. For Flash cookies, information about disabling or deleting information contained in Flash cookies can be found here .
You may block cookies and similar technologies in your browser or device settings, as and if permitted by such device.
You may opt out of receiving targeted advertising from participating ad networks, audience segment providers, ad serving vendors, and other service providers by visiting websites operated by the Network Advertising Initiative , Digital Advertising Alliance and Digital Advertising Alliance of Canada .
You may access and modify or delete your account on the settings or profile page, or by contacting the Privacy Officer at privacy@salefishsoftware.com with such written request. In addition, you may contact us at 1 877 892 7741. Whichever way you elect to contact us, we may ask that you confirm and verify your identity.
Subject to applicable law, you may also have a right to access, update, and correct inaccuracies in other personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies in the personal information we have in our custody or control by emailing or writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.
You may opt out of receiving commercial email, text message, and other electronic messages from us (excluding transactional messages) by following the instructions contained in those messages.
SaleFish Inc. is certified for Cyber Security by Cyber Essentials Canada (CEC). Cyber Essentials is the most comprehensive annual third party cyber certification process for business in the world today. The Cyber Essentials standard started as a government-backed cybersecurity process that was developed and implemented by the United Kingdom in 2016, and it is also GDPR compliant. Cyber Essentials has since been adopted in Canada as a national standard by CyberNB. For more information about the certification visit https://cyberessentialscanada.ca/ENGLISH-PANEL-BANNER-Pricing.htm.
We do not knowingly collect any personal information from children under the age of 13 without parental consent, unless permitted by law. If we learn that a child under the age of 13 has provided us with personal information, we will delete it in accordance with applicable law.
Our Services may link to third-party websites and services that we do not operate and are outside of our control. We are not responsible for the security or privacy of any information collected by other websites or other services. Please exercise caution and review the privacy statements applicable to the third-party websites and services you use.
The Services are headquartered in Canada. Please be aware that information you provide to us or that we obtain as a result of your use of the Services may be collected in your country and subsequently transferred to, maintained and processed in Canada or another country by us or our service providers for the purposes mentioned above in accordance with applicable law. The privacy laws of these countries may not always offer the same level of protection as in your country. By using the Services, you consent to the collection, international transfer, storage, and processing of your information.
We may modify this Privacy Policy from time to time. We will notify you of changes by posting changes here, or by other appropriate means. Any changes to the Privacy Policy will become effective when the updated policy is posted on the Services. Your use of the Services or your provision of personal information to use the Services following such changes indicates your acceptance of the revised Privacy Policy.
Please contact our Privacy Officer at privacy@salefishsoftware.com with such written request. In addition, you may contact us at 1 877 892 7741. Whichever way you elect to contact us, we may ask that you confirm and verify your identity.
These Terms of Service (the “Terms”) govern your use of any website, mobile or tablet application, or other online service or platform of the SaleFish brand, that provides an authorized link to the Terms (collectively, the “Services”), regardless of who owns or operates the Services, as well as our interactions with you on third party platforms.
The Terms are a binding legal contract between you and SaleFish Inc. Please read the Terms carefully before using the Services. Your use of the Services means that you agree to be bound by the Terms. Do not use the Services if you do not accept the Terms. We may modify the Terms at any time. Your use of the Services after we post modifications to the Terms means that you accept the modified Terms. You must be 13 years or older to use the Services. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY AND AN EXCLUSIVE REMEDY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY.
By using the Services, you acknowledge that you have reviewed and understand our Privacy Policy, and consent to the practices described in that policy.
You may register for certain activities provided through the Services. When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account. SaleFish Inc. has the right to suspend or terminate any account or other registration if it suspects that such information is inaccurate or incomplete. You agree to immediately notify SaleFish Inc. of any unauthorized use of your password or username or any other breach of security.
You may not use the Services to take any action that could harm us or anyone else, interfere with the Services, or use the Services in a manner that violates any law. For example, you may not:
All content, code, software, and any other materials that are part of the Services (collectively, the “SaleFish Inc. Content”) is the property of SaleFish Inc. You may use the Services and print copies of SaleFish Content only for noncommercial, informational, personal use, without modification, and only so long as you comply with these Terms.
SaleFish Inc. content is protected under the copyright laws of the Canada, the United States and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by SaleFish Inc. or its third party licensors to the full extent permitted under the Canadian Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the SaleFish Inc. content.
You acknowledge and agree that all SaleFish Inc. logos and marks as well as other proprietary materials depicted in connection with the Services and the SaleFish Inc. content are the property of SaleFish Inc. and may not be used commercially without the prior written consent of SaleFish Inc.
If you believe in good faith that content you own has been reproduced on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
Please contact our Privacy Officer at privacy@salefishsoftware.com with such written request. In addition, you may contact us at 1 877 892 7741 . Whichever way you elect to contact us, we may ask that you confirm and verify your identity.
he Services may allow you to embed SaleFish Inc. content into other web pages. All use of embedded SaleFish Inc. content must be for non commercial purposes only, and may be disabled by SaleFish Inc. at any time and for any reason.
The Services may offer opportunities for you to transmit content via third party social networking websites and products. Any use of third party social networking features is subject to the terms of use of the applicable third party website or product and not these Terms, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.
Certain areas of the Services may enable you send emails, or otherwise submit information to us. You remain fully responsible for the content that you provide in connection with the Services, including information, audio recordings, videos, photographs, documents, or any other materials (“User Content”). In addition to complying with Section 4, you agree not to provide User Content that:
Subject to applicable law, we also have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party's intellectual property rights, of the third party's right to privacy, or of any other applicable local, provincial, state, national, or international law.
If the Services permit you to submit User Content, you may only provide User Content that is original and that you have the right to provide. By providing us User Content, you grant us a royalty free, irrevocable, perpetual, non exclusive, worldwide, fully sub licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
If you are under the age of 13, you may not provide any User Content to us. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.
The Services may contain links to other websites or online services that are not under the control of SaleFish Inc. Such links do not constitute an endorsement by SaleFish Inc. of those other websites or online services, the content they display, or people associated with them. The Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.
We may incorporate third party services, software, technology, data, and/or other content, either independently or in connection with various programs, features, or functions available through the Services. Your use of third party materials may be subject to terms of use other than these Terms and as may be set forth by third party providers, as applicable. You agree that SaleFish Inc. assumes no liability with respect to your use of such third party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by SaleFish Inc.
You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
You may be permitted to participate in certain functionalities of the Services which allow you to use a device to purchase and pay for certain product. SaleFish Inc. reserves the right at any time to discontinue Mobile Payments.
In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. SaleFish Inc. is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Errors will be corrected when discovered and SaleFish Inc. reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after a purchase has been made).
Otherwise applicable sections of these Terms shall survive termination. SaleFish Inc. also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of the SaleFish Inc. content.
Except where prohibited by applicable law, which may include the Province of Quebec, the following terms apply to all legal disputes between you and SaleFish Inc. These Terms are governed by the laws of the Canada and the Province of Ontario, without giving effect to their principles of conflicts of law. Except where prohibited by applicable law, which may include the Province of Quebec, by using the Services, you waive any claims that may arise under the laws of other provinces, states, countries, territories, or jurisdictions.
Except where prohibited by applicable law, which may include the Province of Quebec, with respect to any and all disputes arising out of or relating to the Services or these Terms (including without limitation the Privacy Policy), SaleFish Inc. and you agree to negotiate in good faith to achieve a mutually satisfactory resolution. If you and SaleFish Inc. do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator's award.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR SALEFISH INC. WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Except where prohibited by applicable law, which may include the Province of Quebec, all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the Arbitration Rules of the Canadian Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that SaleFish Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Toronto, necessary to protect its rights or property pending the completion of arbitration. In the event a dispute cannot, by applicable law, be subject to binding arbitration, the parties hereto irrevocably submit to the jurisdiction of the province and/or federal courts in the province of Ontario, except where prohibited by applicable law, which may include the Province of Quebec. To the maximum extent permitted by applicable law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide Salefish Inc. with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF REPRESENTATIONS, WARRANTIES OR CONDITIONS, SO SOME OF THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE." WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY SALEFISH INC. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED IN THE SERVICES, WILL BE TIMELY, SECURE, ACCURATE, ERROR FREE, COMPLETE, UP TO DATE, FREE OF VIRUSES, OR UNINTERRUPTED. SALEFISH INC. EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR SALEFISH INC. CONTENT. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF SALEFISH INC. SHALL CREATE ANY WARRANTY OR CONDITION. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THAT THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES OR LIABILITY, SO SOME OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL SALEFISH INC., ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SALEFISH INC. CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SALEFISH INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SALEFISH INC.’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.
You agree to indemnify, hold harmless, and defend SaleFish Inc., its affiliates and licensors, any party involved in operating, creating, producing, or delivering the Services, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services, (ii) your online conduct in connection with the Services, (iii) your (or anyone acting under your password or username) violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons, persons or third party platforms resulting from use of the Services. You shall not settle any such claim without the prior written consent of SaleFish Inc. These obligations will survive any termination of these Terms.
These Terms and all other legal notices, statements or terms and conditions posted or made available to you on the Services constitute the entire agreement between SaleFish Inc. and you. In the event any provision of these Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
Please contact our Privacy Officer at privacy@salefishsoftware.com with such written request. In addition, you may contact us at 1 877 892 7741. Whichever way you elect to contact us, we may ask that you confirm and verify your identity.
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