Terms of Service

for TaDuler Consumers
May 20, 2014

Thank you for your interest in TaDuler.com. We know Terms and Conditions ("TC") lack excitement and raw emotion, so we'll do our best to keep it interesting. TaDuler is an Internet platform ("Website") owned and operate by TaDuler Corporation. TaDuler provides consumers (collectively, "Consumers," and individually, "Consumer" or "you") an online venue to book appointments with Experts in various lines of work and commerce (collectively "Experts"). By registering on the Website, you become a Consumer at no cost and will have the ability to book appointments for consultations or services. References to Websites shall include, but are not limited to, any and all uses of TaDuler.com and it's social media platforms (including but not limited to Facebook, Instagram, Twitter, LinkedIn, etc) via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices. Now come with us on a journey through our TC's.

1. Acknowledgement and Acceptance

1.1 Your Unconditional Acceptance.

This Website and TaDuler's services are offered to you for use only in Canada and are conditioned upon your unconditional acceptance, without modification, of the following terms, conditions, and notices ("Terms") contained in this TaDuler Terms of Service ("Agreement"). Please read this Agreement carefully. Regardless of whether you register with the Website, your use of the Website and any related services constitutes your agreement to all Terms. You agree and understand that certain features of the Website may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms, and you further agree that a violation of those terms while you are accessing the Website shall constitute a breach of this Agreement.

1.2 Amendments.

You acknowledge and agree that TaDuler may amend this Agreement at any time by posting a revised version of this Agreement on the Website or by notifying Consumers directly in TaDuler's sole discretion. Your continued use of the Website after any changes are made to this Agreement shall constitute your consent to such changes. TaDuler does not and will not assume any obligation to notify Consumers of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the Terms of the Agreement.

2. Use and Age Restrictions

Use of the Website is permitted only by individuals who can form legally binding contracts under applicable Law. Without limiting the foregoing, use of the TaDuler's Website is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Website.

3. Appointment Services

3.1 Appointment Requests

Upon registration with TaDuler, a Consumer may submit through the Website a request for Experts to consult with Consumer ("Appointment Request" or "Consultation Request") concerning desired services or work at a time that is convenient for Consumer. To submit a valid Appointment Request, Consumers must provide required information (e.g., what services the Consumer wants, the type of services/work, valid email, telephone number and home address and desired time). Upon receipt of a Appointment Request, TaDuler selects qualified Experts, from its database, and provides information concerning the Consumers Appointment Request to the Expert. When an Expert contacts a Consumer, the Expert is acting on the Expert's sole behalf and is not a representative or agent of TaDuler. TaDuler does not and cannot guarantee that there will be Experts who are capable of or willing to complete the requested appointment at the time and place requested. All Appointment Requests must be lawful and not in violation of any city ordinance, provincial, local or federal law.

3.1.1 Face to Face ("in person", "home") Appointments ("consultations")

When a Consumer submits through the website a request for Experts to consult with Consumer, TaDuler may, at TaDulers discretion, designate said request as a Face to Face Appointment. This means the Consumer is willfully accepting TaDuler's assignment of Expert based on Experts availability and agrees to a Face to Face Appointment.

3.1.2 Phone Appointments

When a Consumer submits through the website a request for Experts to consult with Consumer, TaDuler may, at TaDulers discretion, designate said request as a Phone Appointment. This means the Consumer is willfully accepting TaDuler's assignment of Expert based on Experts availability and agrees to a Phone Appointment.

3.2 Agreement with Expert.

When an Expert contacts a Consumer, the Expert is acting on the Expert's sole behalf and is not a representative or agent of TaDuler. If Consumer accepts a Quote or agrees to use the Expert's services after a Phone or Home Appointment, Consumer and Expert enter a binding legal agreement for the Expert to perform services and the Consumer to pay the Expert for the services rendered. Any agreement entered between the Consumer and Expert is solely between the Consumer and Expert, and TaDuler are not party to such agreement. TaDuler will not be party or third-party beneficiaries to any agreements entered into by and between Consumer and Expert. Accordingly, please consider carefully before you agree to an Expert's offered services.

3.3 Intellectual Property.

By submitting an appointment request, you represent that the request and services sought do not infringe on the intellectual property of any third party, including, but not limited to, the work product of a design professional or unauthorized reproduction of any other consultant, material supplier, or manufacturer. Your description of the request and services sought must be truthful and accurate. Any Appointment Request submitted on the Website: (a) shall not be fraudulent; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain child pornography; and (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

4. Experts

Although TaDuler may take certain steps to examine the credentials of Experts, TaDuler makes no guarantees, promises, warranties or representations of any kind regarding the skills or representations of such Experts if you elect to retain their services.

4.1 Background Checks.

TaDuler may, from time to time, perform background checks on the Expert's principal/owner named during the Expert's registration with TaDuler. TaDulers background checks search for relevant criminal background, sex offender background for the principal/owner of the Expert business. Background checks on the principal/owner of the Expert business reflect that individual's background at the time of the search. Accordingly, TaDuler does not and cannot warrant that, if the background check has been performed, the background check is up-to-date or current. Further, background checks are not applicable to any Expert employees or workers except the principal/owner of the Expert business named by the Expert during registration.

4.1.1 Expert Misconduct

TaDuler does not guarantee the conduct of Expert, its employees, agents, associates and/or contractors, therefore, It is understood and agreed that the TaDuler will not be liable to the Consumer, or any agent or associate of the Consumer for the wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences by the above mentioned parties. These misconducts include but are not limited to harassment, abuse, theft, fraud, defamation, libel, slander and destruction of any kind.

4.2 Licensing.

Experts are requested to provide licensing information to TaDuler. Different jurisdictions may require provincial/territorial and/or local (county or municipal) level licensing for certain services, work, and/or project amounts. Consumers are responsible for determining which licenses, if any, are required for their requested services. Before you proceed with a project, you should confirm all licensing requirements with your provincial and local authorities and your selected Expert. TaDuler always recommends that you ask the Expert to provide you with a copy of their license(s).

4.3 Insurance and Bonding.

Experts may provide TaDuler with documentation concerning insurance policies and/or bonds covering their operations. While TaDuler reviews these documents, we do not verify this information, Experts are required to warrant that the information they submit is complete, accurate and current. Before you proceed with a project, you should confirm the Expert's existing insurance coverages and limits.

4.4 Relationship between TaDuler and Expert.

 TaDuler and Expert are separate entities and the employee of one of those entities is not an employee of another entity. TaDuler is not an agent of Expert and vice versa. TaDuler and its affiliated companies provide only a referral service to Experts and in no event will TaDuler be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Expert or any of its affiliates or their respective personnel.

4.5 Consumer Verification.

You should verify any and all personal, legal or industry required licensing, insurance, designations, certificates or qualifications needed by an Expert . TaDuler does not maintain verification on all information or documents provided by Experts and expressly disclaims any guarantees or warranties concerning such information. CONSUMERS SHOULD CONDUCT THEIR OWN INVESTIGATION OF EXPERTS, TO INVESTIGATE AND TO DETERMINE, AMONG OTHER THINGS, WHETHER EXPERTS ARE APPROPRIATELY LICENSED FOR THE REQUESTED SERVICES, FREE OF SIGNIFICANT CIVIL LEGAL JUDGMENTS, AND CARRY APPROPRIATE INSURANCE OR BONDING AT APPROPRIATE LIMITS. TADULER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION RECEIVED BY CONSUMER FROM PROVINCIAL OR OTHER GOVERNMENT AGENCIES OR FROM THIRD PARTY SOURCES IS ACCURATE, ERROR FREE, OR THAT IT IS UP TO DATE OR UPDATED AT THE TIME THAT CONSUMER CHECKS SUCH INFORMATION. MOST AGENCIES HAVE PERIODIC UPDATE CYCLES OR SCHEDULES AND THIS INFORMATION IS NOT UPDATED ON A REAL-TIME BASIS BY SUCH AGENCIES AND THIRD PARTY SOURCES.

4.6 No Warranty or Endorsement of Expert Services.

TaDuler does not endorse or recommend the services of any particular Expert. The decision to enter into an agreement for work belongs entirely to the Consumer. TaDuler does not warrant the Expert's performance on the job OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY EXPERT. TaDuler does not CONTRACT FOR OR perform, and is not responsible for, any of the services requested by the Consumer in the Service Request OR EXPERT REQUEST. You expressly acknowledge and agree that your use of the Website is at your sole risk. TaDuler MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY EXPERT OR THE EXPERT'S ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER'S SERVICE REQUEST OR EXPERT REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT TADULER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER.

5. Payments to Expert

5.1 Expert Appointment Charges

Consumers should be aware that Experts reserve the right to charge an initial consultation fee. Expert is required to disclose any such fees for initial consultation prior to the appointment. TaDuler shall not be liable for any misrepresentation or neglect by the Expert to disclose such fees. In the event that Consumer and Expert disagree on whether such fees had been disclosed, prior to initial consultation, it is the exclusive responsibility of Consumer and Expert to mutually agree on a solution to the above mentioned discrepancy. TaDuler will not be required to mediate on any such claims.

5.2 Expert Charges. Consumer should be aware that Expert may charge interest or a late fee for late payments made by Consumer to Expert. TaDuler shall not be liable for any claims made by Consumer relating to, or arising out of, charges to a Consumer authorized by Consumer's agreement with Expert.

5.3 Expert Payment. Consumer is solely responsible for paying the Expert for any work completed in accordance with the Consumer's agreement with Expert. Consumer may be required by its agreement with Expert to pay a deposit to Expert prior to Expert's commencement of the work. Consumer should be aware that Expert may charge interest or a late fee for late payments made by Consumer to Expert. TaDuler shall not be liable for any claims made by Consumer relating to, or arising out of, charges to a Consumer as set forth by the Consumer and Expert agreement.

6. Interactions and Disputes with Experts

TaDuler will not directly participate in the resolution of any disputes between you and Experts (collectively "Users") and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Users.

6.1 Dispute or Arbitration.

The Consumer and TaDuler acknowledge and agree that in the event of a dispute between the Expert and Consumer, including disputes over the amount of the Experts charges to the Consumer and disputes as to the quality of workmanship and materials provided by the Expert to the Consumer, that in such event there shall be no obligation or responsibility on TaDuler to mediate or arbitrate or to otherwise engage with the parties to the dispute in an attempt to resolve the dispute. TaDuler reserves the right to consult with the Expert and with the Consumer, from time to time, as TaDuler sees fit for the purpose of understanding the dispute and the causes thereof, as well as assessing and scoring the Expert in terms of consumer satisfaction, but shall not undertake to represent either the Expert or the Consumer in any negotiations or discussions for the purpose of settling or resolving the dispute.

6.2 Relationship Between Experts and Consumers.

 CONSUMER IS SOLELY RESPONSIBLE FOR ITS INTERACTIONS WITH EXPERTS. CONSUMER'S RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH EXPERTS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY EXPERT, YOU SHOULD ADDRESS SUCH DISPUTE WITH THE EXPERTS DIRECTLY. TADULER IS NOT A PARTY OR THIRD-PARTY BENEFICIARY TO THE CONTRACTS BETWEEN CONSUMERS AND EXPERTS.

7. Release

In exchange for the referral service provided by TaDuler and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, you expressly agree to release TaDuler, its officers, directors, affiliates, sponsors, employees and agents from any claims, demands, causes of action, losses and damages (direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more Experts.

8. No Warranties

TADULER MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS WEBSITE FOR ANY PURPOSE. TADULER DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TADULER CANNOT ENSURE THAT ANY FILES YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TADULER SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. TADULER SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TADULER MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

9. Limitations of Liability

IN NO EVENT SHALL TADULER, its officers, directors, affiliates, sponsors, employees AND/OR agents BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABLITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, (2) THE CONDUCT OF A USER, EXPERTS OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. TADULER IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE WEBSITE OR THE ENFORCEMENT OF THE TERMS. TADULER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, TADULER USERS, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE, IN CONNECTION WITH THE WEBSITE OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEBSITE. TO THE EXTENT YOUR PROVINCE OR TERRITORY DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10. Content on Website

10.1 Proprietary Rights.

This Website and the material within it, with the exception of products obtained through licensing, are © 2014 TaDuler Corporation. ("TaDuler"). The Website contains the copyrighted material, trademarks, service marks, logos and other proprietary information (the "Intellectual Property") of TaDuler. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on the Website, without the prior written permission of the Intellectual Property owner. Other product and company names mentioned in this Website may be the Intellectual Property of their respective owners.

10.2 Copyright Policy.

Except for that information which is in the public domain, you may not post, copy, modify, publish, transmit, distribute, perform, display, sell or reproduce in any way any Intellectual Property without obtaining the prior written consent of the owner of such Intellectual Property. If you believe that your work has been copied and posted on the Website in a way that constitutes infringement, please provide TaDuler with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the interest; a description of the work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf. Please forward the above information to info@taduler.com with the subject line "Copyright Infringement".

10.3 Information You Provide to TaDuler.

Upon using or registering for an account on the Website, you will be prompted to disclose certain information about yourself and your service requirements, if you request services. Once confirmed, this information will be sent to Experts, who will need this information to respond to you or to other persons or entities in connection with the Website. By providing this information to TaDuler or by submitting an Appointment Request you expressly consent to having details of your Appointment Request sent to Experts and displayed on the Experts Dashboard . You further consent to TaDuler to use and display on the Website relevant, anonymous data collected from the details of your Appointment Requests and the fulfillment of such request.

Experts will initially only have access to view your first name, postal code and description of work needing to be performed, once confirmed, the confirming Expert will receive additional identifying information such as your full name, contact phone number, email address, physical address of appointment request. This information will be sent to the Expert(s) selected by TaDuler's system even if you are listed on any federal, provincial or other applicable "Do Not Call" list, in order that TaDuler may provide the services set forth on the Website, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your Appointment Request and TaDuler's business, including marketing related emails. For complete details on TaDuler's use of your information, please see our Privacy Policy. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or TaDuler has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TaDuler has the right to refuse any current or future use of the TaDuler services (or any portion thereof) by you.

You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.

In the event that you provide TaDuler with any feedback regarding TaDuler services or the Website, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Website ("Feedback"), you hereby assign to TaDuler all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.

TaDuler takes no responsibility and assumes no liability for any content posted by you, any User or third party.

You are solely responsible for the User Content that you post on the Website or transmit to other Users. You will not post on the Website, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the TaDuler or to any User. If information provided to TaDuler, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify TaDuler of such change.

The following is a partial list of the kind of User Content that is illegal or prohibited on the Website. TaDuler reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. It includes, but is not limited to, User Content that:

  • is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
  • promotes information that you know is false or misleading (including with respect to the identity of the party who will perform a Won Job);
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
  • violates provincial and/or local consumer protection laws.
  • Your use of the Website, including but not limited to the User Content you post on the Website, must be in accordance with any and all applicable laws and regulations. All information you include in your account information must be accurate, current and complete. TaDuler reserves the right to investigate and terminate your membership if you have misused the Website, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
  • You acknowledge that a violation of the foregoing User Content provisions could result in significant damages, and you agree that you are liable to TaDuler for any such damages. We reserve the right to revoke your access to the Website and services at any time. With exception of information that is generally accessible to the public, all information about Experts is confidential and for your personal use only. If it is determined or suspected by TaDuler in its sole discretion that you are misusing or attempting to misuse or circumvent the TaDuler services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, TaDuler reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

10.4 Modifications to Website.

TaDuler reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that TaDuler shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

10.5 Blocking of IP Addresses.

In order to protect the integrity of the Website, TaDuler reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.

10.6 Privacy.

Use of the Website is also governed by our Privacy Policy.

10.7 Disclaimers.

TaDuler is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Website, whether caused by Users of the Website, or by any of the equipment or programming associated with or utilized in the Website. TaDuler is not responsible for the conduct, whether online or offline, of any Consumer, Expert or other third-party users of the Website. TaDuler assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. TaDuler is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will TaDuler or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the TaDuler Websites, any content posted on the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline. The TaDuler Websites are provided "AS-IS" and TaDuler expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TaDuler cannot guarantee and does not promise any specific results from use of the TaDuler Websites.

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. TaDuler makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

10.8 Links.

The Website may provide, or third parties may provide, links to other World Wide Web sites or resources, including, by way of example, the placement of a widget or live feed from a customer ratings website. Because TaDuler has no control over such sites and resources, you acknowledge and agree that TaDuler is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TaDuler shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.

11. Termination of Account

This Agreement will remain in full force and effect while you use the Website and/or are a Consumer of TaDuler. You may terminate your account at any time, for any reason. To cancel an account, please send a written notice of termination to TaDuler at support@taduler.com with the subject line "Consumer Account Termination". If you terminate your account, your account will be disabled within 14 days. TaDuler may terminate your account or this Agreement at any time without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to TaDuler. At the discretion of TaDuler your account may be deactivated or terminated with or without cause with no prior warning or consent. All decisions regarding the termination of accounts shall be made in the sole discretion of TaDuler. TaDuler is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect.

12. TaDuler Customer Care Representative

TaDuler may provide assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive or otherwise behave inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership. You acknowledge and agree that TaDuler may monitor and/or record any telephone calls between you and TaDuler.

13. Jurisdiction and Choice of Law

If there is any dispute arising out of this Agreement or the use of the Website, by using the Website you expressly agree that any such dispute shall be governed by the laws of the Province of Alberta, without regard to its conflict of law provisions.

14. Indemnification

Consumer agrees to indemnify, defend and hold harmless TaDuler, its subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney's fees, resulting from or arising out of any act or omission of Consumer, except to the extent such loss is caused by TaDuler's sole negligence.

15. No Third Party Beneficiaries

Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than TaDuler and the Consumer, any benefit, right or remedy.

16. SURVIVAL

The following provisions shall survive termination of the Agreement: Agreement with Expert, No Warranty or Endorsement, Interactions and Disputes with Experts, Release, No Warranties, Limitations of Liability, all provisions in the Content on Website section, Disclaimers, Jurisdiction and Choice of Law, Dispute Resolution, Indemnification, No Third Party Beneficiaries, and Survival.