Agreement
Your Business Registration
and Services offered by Polish Marketplace

This is an agreement between "you" and Polish Marketplace. This agreement explains the basis upon which the registration of your business, transactions and services between you and Polish Marketplace will take place and our responsibilities toward each other.

The term "you" shall refer to yourself. By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you've established with Polish Marketplace, whether or not the transactions were in your behalf.

To complete the registration process, you must read this entire agreement and agree to be bound by all the terms and conditions. You agree that Polish Marketplace may modify this agreement in order to comply with applicable law and the terms and conditions set forth by applicable authorities.

You acknowledge that Polish Marketplace's acceptance of any application made by you for services provided by Polish Marketplace will take place at Polish Marketplace's offices located in Toronto, Ontario, CANADA.

1. FEES; INVOICING

In consideration for the services and products ("service") purchased by you and provided to you by Polish Marketplace, you agree to pay Polish Marketplace at the time service is provided. Payment is to be made by you providing a check or international money order for charge by Polish Marketplace, and is non-refundable. The check and money order should be redeemable in North American financial institutions. If for any reason Polish Marketplace is unable to cash your check with the full amount owed to Polish Marketplace for the service provided, you agree that Polish Marketplace may pursue all available remedies in order to obtain payment. You agree that among the remedies Polish Marketplace may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any services purchased on your behalf.

You agree that invoicing for the services will be send by e-mail. You agree to read e-mails regularly and maintain your contact e-mail address up to date in our database. If for any reason our e-mails are not recieved by you than this may result in cancellation of the services.

2. TERM OF AGREEMENT; MODIFICATIONS

The term of this agreement shall continue in full force and effect as long as you have any services active through Polish Marketplace.

You agree that Polish Marketplace may modify this agreement from time to time. Polish Marketplace may also discontinue services it provides under this agreement. You agree to be bound by any changes Polish Marketplace may reasonably make to this agreement when such changes become effective. Polish Marketplace will post any changes it will be making to this agreement on its web site thirty (30) days prior to such changes becoming effective. You agree to periodically review Polish Marketplace's web site to determine if any changes to this agreement are forthcoming, and if there is notice of such changes, you agree to review the modified agreement with the purpose of determining your concurrence. Should you not concur with the new modified agreement you may cancel your agreement with Polish Marketplace, provided you notify Polish Marketplace in writing no later than thirty (30) days after the modified agreement becomes effective. Should you elect to cancel your agreement with Polish Marketplace you will not receive a refund for any fees you may have paid to Polish Marketplace.

You agree that Polish Marketplace shall not be bound by any representations made by third parties who you may use to purchase services from Polish Marketplace, and that any statements of a general nature, which may be posted on Polish Marketplace's web site or be contained in Polish Marketplace's promotional materials, will not bind Polish Marketplace.

3. UP TO DATE INFORMATION; USE OF INFORMATION

You agree to notify Polish Marketplace within 5 business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide Polish Marketplace with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Polish Marketplace to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement.

4. RENEWAL OF SERVICES

Renewal will be denied to you if you have an unpaid balance with Polish Marketplace. If you subscribe to BASIC MEMBERSHIP you will be send a renewal e-mail every few months. Failure to respond to the email within 10 business days will result in the breach of this agreement and cancellation of our services to you. If you subscribe to a higher level membership (SILVER, GOLD, PLATINUM) a renewal e-mail will be sent to you at least 30 calendar days before the end of the service term. Failure to respond to the e-mail within 30 days will result in cancellation of our services.

5. ADVERTISING

You agree that the information used in your advertisements will be used strictly for promoting your business and that it will be free of pornographic content and will be free of vulgar and/or offensive language to any individual or to any group of people. You agree that non-compliance with this requirement may result with permanent cancellation of our services to you.

You are solely responsible for the services and products advertised by you on our website. It is your responsibility to keep your advertising information up to date and free of errors. Polish Marketplace will not assume any liability for any damages caused to a third party resulting from your services, products or from any information posted by you. You will assume the same level of liability for the services and products you sell and offer as if you were offering them without advertising with Polish Marketplace.

6. RESTRICTION OF SERVICES; RIGHT OF REFUSAL

You agree not to use the services provided by Polish Marketplace, or to allow or enable others, to use the services provided by Polish Marketplace for the purposes of:

The transmission of unsolicited email (SPAM)
Repetitive, high volume inquires into any of the services provided by Polish Marketplace.

7. LIMITATION OF LIABILITY

You agree that Polish Marketplace's entire liability to you under this agreement, and your only remedy, in connection with any service provided by Polish Marketplace to you under this agreement, and for any breach of this agreement by Polish Marketplace, shall be limited to the fees you paid to Polish Marketplace for the particular service in contention.

Polish Marketplace AND ITS AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF Polish Marketplace'S SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, POLISH MARKETPLACE'S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

Polish Marketplace DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:

access delays or interruptions to our web site system
data non-delivery or misdelivery between you and Polish Marketplace
events beyond our control (i.e. acts of God)
the unauthorized use of your account with Polish Marketplace or any of the services provided to you by Polish Marketplace
errors, omissions or misstatements
deletion of, failure to store, or failure to process or act upon email messages
processing of updated information to your registration record
development or interruption of your web site, or advertisements
errors taking place with regard to the processing of your registration
errors taking place with regard to the processing and displaying your advertisement and web site
errors, ommisions, misinterpretation and misinformation posted by you in your advertisements and/or web site
any act or omission caused by you or your agent (whether authorized by you or not)

8. INDEMNITY

You agree to release, defend, indemnify and hold harmless Polish Marketplace and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with Polish Marketplace whether or not on your behalf, and whether or not with your permission) use of the services provided by Polish Marketplace Daddy. Should Polish Marketplace be notified of a pending law suit, or receive notice of the filing of a law suit, Polish Marketplace may seek a written confirmation from you concerning your obligation to indemnify Polish Marketplace. Your failure to provide such a confirmation may be considered a breach of this agreement.

9. REPRESENTATIONS AND WARRANTIES

You warrant that all information provided by you as part of the registration process is complete and accurate. You also warrant that each registration you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party.

10. DISCLAIMER OF WARRANTIES.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

11. SEVERABILITY; ENTIRETY

You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect.

You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between you and Polish Marketplace regarding the services contemplated herein.

12. VENUE; WAIVER OF TRIAL BY JURY

THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE PROVINCE OF ONTARIO. THE LAWS AND JUDICIAL DECISIONS OF ONTARIO, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF PROVINCE OF ONTARIO.

YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

13. NOTICES

You agree that all notices (except for notices concerning breach of this agreement) from Polish Marketplace to you may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the e-mail address you have on file with Polish Marketplace or mailed first class postage to the postal address you have on file with Polish Marketplace. In both cases, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from you to Polish Marketplace shall be made by email, sent to the address we provide on our web site.