Home / Help /

tNook Terms of Use

A. General

YonerDotCom Inc. (“YonerDotCom”) hosts the tNook website (the “Website”) at which users can join and trade products and services. This Agreement sets forth the terms and conditions covering the access and use of the Website and the services available to you on the Website. If you use the Website you agree to comply with the applicable terms and conditions of this Agreement. If you do not accept the terms and conditions stated here, do not use or access the Website and the services available to you on the Website.

WHEN YOU CLICK ON THE “I AGREE” BUTTON OR WHEN YOU OTHERWISE USE ANY PART OF THE WEBSITE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “CANCEL” BUTTON, AND YOU WILL NOT BE AUTHORIZED TO USE OR HAVE ANY LICENSE TO USE ANY PART OF THE SOFTWARE.   WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT AND NO SOLICITATION OF ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF YONERDOTCOM INC. SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY.  IF THESE TERMS ARE CONSIDERED AN OFFER BY YONERDOTCOM INC., ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.  WHERE A WRITTEN AGREEMENT HAS BEEN EXECUTED BETWEEN YONERDOTCOM AND YOU, THE TERMS OF THE WRITTEN AGREEMENT SHALL PREVAIL IN THE EVENT OF A CONFLICT BETWEEN THIS AGREEMENT AND THE WRITTEN AGREEMENT.

B. Permitted Uses

Registered users may use the Website to trade products and services. Registered and unregistered users may use the Website for their own personal use (including their own business requirements) but may not make commercial use of the Website.

C. Registration

In order to access certain portions of the Website and trade the products and services available to you on the Website, you must register with YonerDotCom by completing the applicable registration form. If you do not register, you will not be able to access the entire Website.

Registration on the Website is limited to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors, except in conjunction with and under the supervision of that minor’s parents or guardians. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

When you register, you will be asked to create your own user tNook user name and password which you will need in order to access certain parts of the Website. You are responsible for maintaining the confidentiality of your tNook username and password. You shall be responsible for all uses of your tNook username, whether or not authorized by you. You agree to immediately notify YonerDotCom of any unauthorized use of your tNook username or password.

D. Product and Service Fees

Users are required to pay a fee to YonerDotCom in order to use selected services which are available on the Website. The fee is payable to purchase memberships (“tNook Memberships”) which can be purchased through PayPal. tNook Memberships are non-refundable and expire after a term of 1 year. tNook Memberships can only be used to effect the trade of products and services on the Website, create personalized stores on the Website, obtain price guides, and use special listing features of the Website.

tNook Memberships may not be used to make payments between users. YonerDotCom facilitates trades on the Website but is not involved in the actual transaction between users. Users are responsible for making payments arrangements between users through PayPal or other payment options.

E. Trading

You must be legally able to trade the product(s) and service(s) you list for trade on the Website. You must describe your product in full on the listing page of the Website. Your listings may only include text descriptions, graphics, pictures and other content relevant to the trade of that product.

F. Information and Privacy Policy

“Information” is defined as any information you provide to us or other users of the Website in the registration or listing process, any email feature, or through any other means on the Website, including, without limitation, a valid email address.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of your Information placed on the Website. YonerDotCom acts only as a passive conduit for the online distribution and publication of your Information.

YonerDotCom will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.

G. Contents of the Website

The contents of the Website, such as text, graphics, images, logos, button icons, software and other material (the “Material”), are protected under both Canadian and international copyright, trademark and other laws. All Material is the property of YonerDotCom or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of YonerDotCom and protected by Canadian and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way, except as authorized by YonerDotCom.

The use of the Material on any other website or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that YonerDotCom creates to generate its pages. It is also protected by YonerDotCom’s copyright.

H. Links to Other Sites

The Website may contain links to third party websites . These links are provided solely as a convenience to you and not as an endorsement by YonerDotCom of the contents on such third-party websites. YonerDotCom is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.

I. License

Solely to enable YonerDotCom to use the information you supply it with, so that it does not violate any rights you might have in that information, you agree to grant YonerDotCom a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in your Information, in any media now known or not currently known, with respect to your Information. YonerDotCom will not use the information except as set out in the Privacy Policy.

J. Restricted Activities

1. General Rules

Users may not use the Website in order to transmit, distribute, store or destroy material or information:

  1. in violation of any applicable law or regulation;
  2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
  3. in an attempt to impersonate another person or entity; or
  4. that is defamatory, obscene, threatening, harassing, abusive, hateful or embarrassing to another user, entity, or any other person.

As a user, you are responsible for your User Information and your own communications, and are responsible for the consequences of posting the same.

2. Website Security Rules

Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation,

  1. accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing";
  4. post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
  5. sending unsolicited e-mail, including promotions and/or advertising of products or services;
  6. using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, monitor or copy the Website other than the search engine and search agents available from YonerDotCom on the Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); or
  7. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. YonerDotCom will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

3. Specific Prohibited Uses

The Website may be used only for lawful purposes by individuals seeking to trade products and services. YonerDotCom specifically prohibits any use of the Website, and all users agree not to use the Website, without limiting the above prohibited activities, for any of the following:

  1. Posting any incomplete, false or inaccurate biographical information or information;
  2. Posting any advertisements, solicitations of business, chain letters, franchise, pyramid scheme, "club usership", distributorship or sales representative agency arrangement or other similar business opportunity; - not sure if this is too broad, as some of the website involves solicitation
  3. Deleting or revising any material posted by any other person or entity;
  4. Using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website;
  5. Taking any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
  6. If you have a password, allowing access to a non-public area of the Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
  7. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;
  8. Aggregating, copying, reproducing, altering, modifying, creating derivative works from, publicly displaying or duplicating in any manner any of the content, except your User Information, available from the Website; or
  9. Framing of or linking to any of the materials or information available from the Website.

K. Liability of YonerDotCom

1. tNook.com is only a venue

The Website acts as a venue for users to trade products at any time, from anywhere, for any price, and does not screen or censor the products or services offered.

YonerDotCom acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen user-submitted communications, materials or information in advance and is not responsible for screening or monitoring information or material posted by users.

YonerDotCom is not involved in the actual transaction between users. As a result, YonerDotCom has no control over the quality, safety or legality of the products advertised, the truth or accuracy of the listings or the ability of users to trade, sell or buy products. YonerDotCom cannot ensure that a user will actually complete a transaction.

2. User Identification

Because user authentication on the Internet is difficult, YonerDotCom cannot and does not confirm that each user is who they claim to be. You may wish to consider using other sources to provide additional verification.

3. Information Control

YonerDotCom does not control the information provided by users which is made available through the Website. By its very nature, other people’s information may be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Website. YonerDotCom does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Website.

The Material may contain inaccuracies or typographical errors. YonerDotCom makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Material. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.

L. Disclaimer of Warranties

ACCESS TO THE WEBSITE AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. YONERDOTCOM (AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES AND ASSOCIATES), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. YONERDOTCOM (AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES AND ASSOCIATES) MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

M. Limitation of Liability

YONERDOTCOM (AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES AND ASSOCIATES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED ARISING OUT OF THE USE OR THE INABILITY TO USE THE SERVICE, OR OUT OF ANY BREACH OF A REPRESENTATION OR WARRANTY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF YONERDOTCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

EXCEPT FOR THE INDEMNIFICATION PROVISIONS BELOW, YOU SHALL NOT BE LIABLE TO YONERDOTCOM FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED OR ACTUAL PROFITS OR BUSINESS.

IN NO EVENT SHALL YONERDOTCOM (OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES AND ASSOCIATES) BE LIABLE FOR DAMAGES, FOR ANY CAUSE OR BASED ON ANY MATTERS ARISING FROM THIS AGREEMENT, IN EXCESS OF THE TOTAL AMOUNT PAID IN DURING THE PRECEDING TWELVE MONTHS OF SERVICE BY YOU TO YONERDOTCOM UNDER THIS AGREEMENT.

N. Indemnity

You agree to indemnify, and hold harmless YonerDotCom (and its officers, directors, agents, employees, affiliates and associates) from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees (judicial and extra-judicial), made by any third party, alleging or resulting from your use of the Website, your violation of any law or the rights of a third party, or your breach of the terms and conditions of this Agreement.

O. Monitoring

If notified by a user of communications which allegedly do not conform to the terms and conditions of this Agreement, YonerDotCom may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. YonerDotCom has no liability or responsibility to users for performance or nonperformance of such activities. YonerDotCom reserves the right to expel users and prevent their further access to the Website for violating the terms and conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. YonerDotCom may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for YonerDotCom or may cause YonerDotCom to lose (in whole or in part) the services of its ISPs or other suppliers.

P. Termination

YonerDotCom reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from the Website and immediate termination of your registration with or ability to access the Website and/or any other service provided to you by YonerDotCom, upon any breach by you of these terms and conditions, if YonerDotCom is unable to verify or authenticate any information you submit to YonerDotCom, or YonerDotCom believes that your actions may cause financial loss or legal liability for you, any other users, or YonerDotCom.

Without limiting any other remedies, YonerDotCom may suspend or terminate your account if it suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Website.

Q. No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under this Agreement. You also agree not to make any unauthorized commercial use of the Website.

R. General

This Agreement shall be governed by and construed under Canadian law (without regards to its conflicts of laws provisions and without regard to the United Nations Conventions or Contracts for the International Sale of Goods).   The sole and exclusive jurisdiction and venue for actions arising out of this Agreement shall be the Provincial Courts of Alberta and the Federal Court, sitting in Edmonton, Alberta.   You hereby agree to service of process in accordance with the Rules of such Courts.   The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees.

YonerDotCom makes no claims that the Materials may be lawfully viewed or downloaded outside of Canada. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

If any of these terms and conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such term and condition shall not affect the validity of the remaining terms and conditions, which shall remain in full force and effect.

No waiver of any term and condition shall be deemed a further or continuing waiver of such Term and Condition or any other term and condition of this Agreement.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT, AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.

S. Questions

If you have any questions about this Agreement, please email us at termsofuse@tnook.com or call us at [780-980-1250].