Terms of Service

LemonTree Web Services Terms of Use (the “Terms”)

Welcome to HeaveAway.com (the “Website”). This is a legal agreement between you and LemonTree Marketing, Inc. (“LemonTree”) governing your use of the Website. This agreement contains disclaimers of liability and other terms that affect your rights. By using the Website, you agree to these Terms. If you do not or cannot understand and agree to these Terms, you cannot use the Website.

Please be sure to also review our Privacy Policy, which governs collection, use and disclosure of any personal information you may provide.

Additional terms may apply to your use of specific features or services. Where additional terms apply, those terms will be accessible to you or shown to you. You agree to read and be bound by those additional terms. If those additional terms conflict with these Terms, those additional terms will take precedence over these Terms in the context of your use of the feature or service to which they pertain.

PERSONAL USE ONLY

Access to the Website is provided for personal, non-commercial use only. You may be permitted to post private sale listings for items or vehicles that you personally own, but you may not post listings on behalf of a business except through a commercial account. To set up a commercial account, please contact customer service at info@heaveaway.com.

ACCESSING AND BROWSING THE WEBSITE

You agree to access the Website using only the interfaces that we provide. You may not access the Website by any automated means, including scripts, bots, spiders, etc. You may not attempt to collect or index content or data from the Website using scripts or other automated means.

You may not reproduce content from the Website on other websites, or present our content in HTML “frames” or by similar means. You agree not to attempt to hack, disrupt, gain unauthorized access to, or interfere with the Website, any associated networks or servers, or another user’s account.

You may view and print pages from the Website for your own personal use, provided that you do not alter the content and provided that all copyright and trademark notices are included. LemonTree reserves the right to change any aspect of the Website, including the right to refuse or remove any content, whatever the source, at any time without any notice or liability to you.

SUBMITTING CONTENT TO THE WEBSITE

We may allow you to submit comments, ratings, reviews, messages to other users, or other content to the Website (“User Content”). When you submit any User Content, you must abide by the following rules:

• Be honest, relevant, and factually accurate. Any opinions that you express must be your own and must be genuinely held.
• Don’t post anything that violates any applicable law or breaches any contractual or legal obligation you may have to any other person. Don’t encourage others to commit illegal acts or to violate these Terms.
• Don’t post anything that may be defamatory, incorrect, false, misleading, malicious, threatening, abusive, harmful, obscene, offensive, slanderous, racist, libelous, or otherwise objectionable. Don’t harass, threaten, or annoy other users. Don’t impersonate any other person.
• Don’t try to solicit anyone else’s personal information. Don’t post other people’s confidential or personal information, including personal contact information.
• Don’t conspire with others to push a product or an agenda on the Website. Don’t post spam, including commercial messages for any other person or business.
• Don’t use scripts to automatically post content to the Website. Don’t post or link to harmful or malicious content, malware, or computer viruses.
• Don’t post anything that infringes on anyone’s intellectual property rights.

LemonTree may remove, modify or delete user submissions, which appear to breach these Terms, or which appear to infringe on the intellectual property rights of others, or for any other reason. We may do this on our own initiative, or pursuant to a court order, lawful request, or demand.

When you submit User Content to the Website, you retain ownership of copyright and other intellectual property rights in that content, but you grant LemonTree a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable and sublicensable license to use, modify, reproduce, make available, and redistribute it in any form, format or media now known or later developed, without any requirement for attribution or compensation to you. You agree that access to the Website is sufficient consideration for the license you grant to us. You waive any right you may have to take action against us, our subsidiaries, affiliates, or sublicensees for infringement of any intellectual property or moral rights you may have in any User Content. By submitting any User Content, you represent and warrant that you own or have licensed all relevant rights in that content, including intellectual property and personality rights, and that our use of your submissions will not infringe upon or violate the intellectual property rights, privacy rights, publicity rights or any other rights of any third party.

MODERATION OF USER CONTENT

User Content may be subject to moderation prior to publication on our website, and at any time thereafter. We may edit, modify, delete or refuse to publish any content at any time and for any reason, including for breach of these Terms. You understand that we have no obligation to moderate any content on the website, and that we may stop moderating content at any time.

You are solely responsible for any User Content you submit, and you understand that content you see on the Website may not have been reviewed by a moderator. LemonTree does not endorse any User Content, and takes no responsibility for the accuracy or reliability of any User Content. It’s your responsibility to decide whether the content you see on the Website is accurate or reliable.

Any advertisements, opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including our advertisers, service providers or other users, are those of their respective author or distributor and not those of LemonTree. You agree that we shall not be held liable to you or to any third party for the actions of users of our Website, or for your use of or reliance on any user generated content, listings, third party advertisement or other third party content.

USER ACCOUNTS

You are responsible for your use of the Website, and for everything submitted to the Website using your user account, including anything posted by others who may gain access to your account. Select a strong password for your user account, and keep it secure. You understand that any submissions or actions that are in violation of any applicable law (including, but not limited to infringement of intellectual property rights), may lead to legal action against you.

You agree to provide us with current and correct information wherever requested, and to update that information if it changes. You agree to notify us and provide a current email address if your email address changes.

You cannot accept any kind of compensation (monetary, in-kind, or otherwise) for actions you take on the Website — for example, you can’t sell your user account, or post or promote content for other people for any sort of reward. Your user account is for your personal use only.

If we feel that you have breached these Terms, we may modify, deactivate, limit, or delete your user account, or we may block you from accessing the Website entirely. If we delete, deactivate or limit your user account for breach of these Terms, you may not create another user account without our permission.

AMENDMENTS TO THESE TERMS

We may amend these Terms at any time by posting an updated version of the Terms on the Website at the following URL: https://heaveaway.com/terms-of-service/

Any amendments will be effective from the time they are posted on the Website. Once posted, the amended version of the Terms immediately supersedes any previous versions of the Terms. Your continued use of the Website will be deemed to indicate your acceptance of the amended Terms.

LIMITATION OF LIABILITY and DISCLAIMER OF WARRANTIES

We do our best to make sure that the Website is available, functional, error-free, and free of malicious code; that your privacy is respected and your personal information and other Website data is secure from inadvertent disclosure or deletion; and that your experience using the Website is positive. But you agree that you use the Website at your own risk. We make no guarantees or warranties of any kind. We provide the Website on an as-is and as-available basis. You agree that we cannot be held liable for any reason in connection with your use of, reliance upon, or inability to use the Website or any of its features or functionality.

You understand that we cannot be held responsible for User Content or for other content provided by third parties, including our service providers and advertisers. It is your responsibility to determine whether content made available through the Website is accurate or reliable. LemonTree does not endorse any information posted to or available through the Website, including travel deal listings, and content posted by LemonTree software, contractors, or employees (with the exception of official LemonTree announcements). To the extent permissible by law, we disclaim all liability for the accuracy, reliability, unsuitability for any particular purpose, or noncompliance with any applicable law, of anything posted to, or linked from the Website.

You do not and will not own or have any proprietary rights in the Website or your user account, you have no right to uninterrupted access to the Website, and you have no right to storage of or deletion of any content or data you submit to the Website. We may add, delete, limit, modify or disable Website features, content or functionality at any time. We may temporarily or permanently shut down, limit, suspend or discontinue the Website, your user account, or your access to the Website at any time, for any reason (including for breach of these Terms), at our sole discretion, and without notice. While we do our best to provide uninterrupted access to the Website, it may at any time become permanently or temporarily unavailable for any reason, including maintenance, or as a result of circumstances beyond our control, such as network or server outages, or incorrect configuration of the software, network, or computer you are using to access the Website. We cannot be held liable for any outages or for the deletion of any data.

To the maximum extent permissible by applicable law, LemonTree expressly disclaims all warranties (express or implied), and all liability of any kind. You agree that under no circumstances will we be directly or indirectly liable for damages of any kind relating to this Agreement, the Website or your use thereof, including any general, special, consequential, exemplary or punitive damages, even if we have been specifically advised of the possibility of such damages.

INDEMNITY

You hereby agree to indemnify, defend and hold harmless LemonTree and its partners, members, shareholders, officers, directors, employees, consultants, service providers, and agents from any and all claims, liability, damages or costs they incur arising as a result of your misuse of the Website, your violation of these Terms, or your infringement of any intellectual property or other right of LemonTree or any person or entity.

LEMONTREE INTELLECTUAL PROPERTY

All rights in the design, source code, and appearance of the Website, and all of the materials and content made available through the Website are owned by or licensed to LemonTree. These materials are protected by law against unauthorized copying and reproduction. Any unlicensed use, reproduction or distribution any of this proprietary material is expressly prohibited. Trade-marks appearing on the Website are owned or licensed by LemonTree or its affiliates, or are owned by third parties. You may not use or display these trade-marks except as may be required in order to make use of the Website in accordance with these Terms. The display of any trade-marks on the Website does not imply that a license has been granted for any further use.

DEALING WITH THIRD PARTIES

Any correspondence or business dealings with any third parties, including merchants, sellers, service providers, or advertisers found on, or through, the Website are solely the responsibility of you and such parties. LemonTree is not responsible for any damages you may suffer by corresponding with or entering into transactions with any third parties, including the payment for or delivery of goods, and for any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not LemonTree, are responsible for compliance with all laws applicable in any such transaction. You correspond and transact with these third parties at your own risk.

Use caution and common sense when using the Website, and when entering into correspondence or purchase or sale transactions with third parties. In particular, exercise great care when revealing personal information and when purchasing items or services listed for sale on the Website. LemonTree publishes “travel deal” listings on the Website without verification or endorsement. LemonTree cannot guarantee that these listings are accurate, or that the persons submitting or responding to these listings are not acting under false pretences.

NO ENDORSEMENT OF THIRD-PARTY WEBSITES OR SERVICES

The Website may contain links to third-party websites or services provided by parties other than LemonTree. These links are for your convenience only and LemonTree does not assume responsibility for the accuracy, reliability or appropriateness of these third-party websites or services. Any mention of another party or its product or service on the Website is for informational purposes only and should not be construed as an express or implied endorsement of that party or its advice, opinions, information, products or services. Third-party websites and services may be subject to terms and conditions imposed by the operator of those websites and services. LemonTree assumes no responsibility for and disclaims all liability related to your use of any third-party website or service.

NO CONTRACT OR OFFER

No part of the Website shall be taken to constitute an offer or solicitation from or by LemonTree to buy or sell products or services. Except for your agreement to abide by these Terms of Use and your agreement to the Privacy Policy, use of the Website does not create any contract or agreement between you and LemonTree, nor any obligation of LemonTree to you.

“travel deal” listings displayed on the Website are merely published by LemonTree, without verification or endorsement, and any correspondence or transactions with third parties relating to items/services listed for sale through the Website are between you and that third party — LemonTree has no responsibility or liability for any damages or losses that you may incur in connection with items or services listed for sale by third parties on the Website.

CONFIDENTIALITY

The Internet is not a secure means of communication. The privacy, integrity and authenticity of any communication over the Internet cannot be ensured. LemonTree is not responsible for any damages you may suffer if you communicate confidential information over the Internet or if LemonTree communicates such information to you at your request.

INTELLECTUAL PROPERTY INFRINGEMENT

You cannot post any content to the Website that infringes upon the intellectual property rights of others. If we believe that you have posted infringing content, we may delete or modify your posted content. If you repeatedly post infringing material, we may delete, disable or limit your user account. Infringement of third party intellectual property rights may lead to legal action against you. Please report any suspected infringement of your intellectual property rights to us here info@heaveaway.com

TERMINATION

We may terminate this Agreement at any time by deleting your user account for breach of these Terms or if you otherwise put LemonTree at risk of legal exposure. We may also terminate this agreement without notice to you if we decide to discontinue providing the LemonTree Website. The license you grant to us to use any User Content that you submit, all indemnities, and all terms limiting LemonTree’s liability shall survive termination of this Agreement.

DEFINITIONS

For the purposes of this Agreement:

“LemonTree”, “We”, or “Us” means LemonTree Marketing, Inc. and its subsidiary, affiliated and successor companies.

The “Website” means the LemonTree website accessible at HeaveAway.com and any associated or co-branded features, applications, services or websites provided to you by LemonTree.

The “Terms”, the “Terms of Use”, or the “Agreement” means this Terms Of Use agreement, including our privacy policy and any amendments, modifications, and any additional terms which apply to particular features or services.

References to “posting” refer to the act of submitting material or making anything available to or through the Website or other LemonTree services or servers. This includes, without limitation: submitting listings or other content, posting comments, and sending messages to other users through the Website.

GENERAL

1. Nothing in these Terms shall be interpreted to prevent LemonTree from taking any action required to comply with any applicable legal requirement.
2. Our failure or forbearance to enforce any of these Terms shall not be considered a waiver of any of our rights.
3. You agree that this agreement is provided to you in English. It is your responsibility to ensure that you understand these Terms. If we provide a translation of these terms into any other language, that translation is for your convenience only, and the English version will govern your relationship with LemonTree. — Vous acceptez que cet accord vous soit fourni en anglais. Il est de votre responsabilité de vous assurer que vous comprenez cet accord. Si nous vous fournissons une traduction de cet accord dans une langue autre que l’anglais, vous acceptez que la traduction soit fourni seulement à titre d’information, et la version anglaise aura, en tout temps, préséance et régira vos rapports avec LemonTree.
4. You cannot transfer or assign your rights and obligations under this agreement to any other person without our consent.
5. You agree that LemonTree may communicate with you about the Website and your user account via the email address you provide to us.
6. LemonTree may freely assign its rights and obligations under these Terms in the event that it is party to a merger, acquisition, restructuring, sale of assets, or for any other reason.
7. If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be deemed to be severable, and the remainder of these Terms shall remain valid and in full force and effect.
8. This Agreement, and all matters related to your use of the Website shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without regard to any conflicts of laws principles. Any disputes shall be heard at the Courts in Toronto, Ontario, Canada.