This page (together with the documents referred to in it) tells you the terms and conditions on which we supply the services listed on our website, «www.4fmv.ca», and other affiliate sites to which access may be granted.

Please read these terms carefully before using our services and print a copy for your own records and reference. You should understand that by registering as a Seller on our website, you agree to be bound by these terms and conditions. We will be unable to provide you with our services if you refuse to accept these terms and conditions.

1. Information About Us

1.1 www.4fmv.ca, and other affiliate sites to which access may be granted, (‘the Site’) is a website operated by 4FMV Inc (‘4FMV’), a company incorporated and registered in Canada with offices at 954 King Street West, Suite 510, Toronto, Ontario, M6K 3L9, Canada.

1.2 4FMV carries on the business consisting of providing services to its clients, and in providing general consultation services to persons, firms and corporations in all matters (the ‘Business’).

1.3 An individual seeking work is described on the Site as a ‘Seller’. A person seeking the services of a Seller is described on the site as a ‘Buyer’. We arrange the supply of services of Sellers to Buyers for limited time periods which we describe as ‘Contracts’.

1.4 When they register on the Site, Sellers can upload personal details including a Résumé and create a personal homepage (‘the Seller Homepage’) on which details can be expanded, changed and updated. Buyers can search the Site, access Seller details, then select and contact Sellers. Buyer and Seller negotiate directly to agree upon the terms of any opportunity and when such agreement is reached, details of the Contract are provided to Buyer and Seller in the form of a ‘Contract Information Sheet’. Sellers can then provide services to the Buyer.

2. Services Retained

2.1 In this agreement, the following words and expressions shall have the meanings herein set forth unless inconsistent with the subject matter or contract:

1. "Services" means the provision by the Seller of services to the Buyer, and such other services as may be required of the Seller by the Buyer or 4FMV.
2. “Individual Consultants” means employees, contractors, workmen, servants and agents engaged by the Seller.

2.2 The Services to be provided hereunder by the Seller shall be provided by the Seller at times and places mutually convenient to the Seller and the Buyer. It is agreed and acknowledged that the Seller may provide services to other persons, firms and corporations and may continue to do so during the term of this agreement.

2.3 The Seller shall perform the Services under this Agreement as and when requested by the Buyer and shall carry out all tasks assigned by the Buyer and shall conform to the Buyer's business policies, standards and conventions, including personnel standards. These include restrictions against non-business use of computers and equipment, harassment and discrimination free workplace and appropriate business attire. The Seller shall not be subject to supervision by 4FMV or subject to 4FMV's detailed orders or instructions. The amount of time spent servicing the Buyer's needs shall be determined at the sole discretion of the Seller.

3. Seller Status

3.1 By registering on the Site, Sellers are warranting that they are :
a. at least 18 years old;
b. are legally able to work in Canada;
c. have a billing address in Canada.

3.2 4FMV has the right to verify that Sellers meet the above conditions by requesting verification of identity. Before accepting a Contract, Sellers will have to provide Articles of Incorporation or Social Insurance Number (Sole Proprietors) and verification of sales tax registration if applicable (HST/GST and/or QST).

4. Independent Contractor

4.1 The Seller is an independent contractor and nothing in this Agreement will be construed to constitute the Seller or any Individual Consultant as an employee, partner, or agent of 4FMV. Neither the Seller nor any Individual Consultant will have any authority to act for or to bind 4FMV in any way, or to execute agreements on behalf of 4FMV. As an independent contractor, each Seller and Individual Consultant will not be eligible for any employee benefits, nor will such benefits be made available to him/her or it as a result of this Agreement. The Seller and each Individual Consultant will also be responsible for payment of all taxes, penalties, interest or other payments, if any, assessed or due as a result of this Agreement.

4.2 The Seller agrees that both the Seller and its Individual Consultants are not employees of 4FMV and the Seller agrees to indemnify and save harmless 4FMV from any claims made against it by or with respect to its Individual Consultants.

4.3 It is acknowledged by the parties hereto that the Seller is being retained by 4FMV in the capacity of an independent contractor and not as an employee of 4FMV. The Seller and 4FMV acknowledge and agree that this Agreement does not create a partnership or joint venture between them.

4.4 In the event that the Seller is classified by the court, or any statutory body, as an employee instead of as an independent contractor, the Seller shall indemnify and save harmless 4FMV of and from any and all claims and demands which may be made against 4FMV by Canada Revenue Agency or any other regulatory authority for employee remittances, employment insurance premiums and/or any other taxable withholding required.

4.5 By registering on the Site, Sellers are warranting that they are legally capable of entering into a binding contract and are at least 18 years old. Sellers also warrant that they have authority to enter into a contract with 4FMV.

5. The Contract for Services

5.1 Use of the Site is governed by these terms. During a Contract, a contract for services shall exist between the Seller and 4FMV for the supply of the services of a Seller, to a Buyer. The terms of the contract for services are set out in this document and in the Contract Information Sheet agreed between the Seller (on behalf of the Seller Company) and the Buyer prior to commencement of the Contract. No contract for the supply of services of a Seller shall exist between 4FMV and a Seller between Contracts.

5.2 The Seller agrees that both the Seller and its employees, Individual Consultants, workmen, servants and agents are not employees of 4FMV and the Seller agrees to indemnify and save harmless the 4FMV from any claims made against it by or with respect to its employees, Individual Consultants, workmen, servants and agents.

5.3 No variation or alteration to these terms shall be valid unless the details of such variation are agreed in writing between 4FMV and the Seller and a copy of the varied terms is provided to the Seller, stating the date on which such varied terms shall come into effect. 4FMV shall provide a copy of such agreement of variation to the Seller.

6. Registration and Site Use

6.1 In order to fully access the Site, Sellers are required to register. Sellers are provided with a user ID and choose a password that must be kept secure and confidential in order to prevent any unauthorised access to the Site or the Seller Homepage. If a Seller suspects that a password is no longer secure and confidential, the Seller must notify 4FMV immediately.

6.2 The Seller agrees that all information provided at registration or any time thereafter will be true, accurate and kept up to date, and in any event will be reviewed at least every three weeks. Where the Seller has misrepresented its ability to carry out the services (whether intentionally or unintentionally), the Company shall have the right to immediately terminate a Contract without notice. The Seller agrees to indemnify and hold harmless 4FMV from any damages claimed against 4FMV by the Buyer or any other person as a result of such misrepresentation of the Seller's ability to provide the services.

6.3 The Seller agrees to use Buyer contact information provided by 4FMV only for the purpose of arranging a Contract via 4FMV.

6.4 While using the Site, the Seller will NOT:

1. post information on the Site which (i) is obscene, offensive, abusive, discriminatory or defamatory; (ii) is illegal; (iii) infringes the rights of any third party, including but not limited to intellectual property rights; (iv) is indecent or contains pornography or (v) is likely to bring 4FMV into disrepute;
2. do anything to cause the Site to be interrupted or damaged or affect the functionality of the Site or intended to obtain personal information or data without consent of the data subject;
3. access non-public areas of the Site or the homepage of any other user of the Site;
4. gather information from the Site for any commercial purposes other than to utilise our work-finding services;
5. deliberately insert words, strings of words or characters on the Seller Homepage or otherwise, with the intention of influencing the position of the Seller’s posting in search listings or unfairly enhancing the number of viewers the Seller has to their posting;
6. register as a Seller, whether in person or via a third party, if the Seller has previously had their use of the Site terminated or suspended; misrepresent their status in relation to 4FMV to any third party contrary to clauses 2 or 4.2 above;
7. engage in any activities intended to prevent payment of or reduce the fee due to 4FMV from any Buyer as a result of the Seller or Seller Company being introduced to such Buyer on the Site, including but not limited to (i) including identifying information in any posting that may allow a Buyer to contact the Seller or Seller Company other than through the Site; (ii) failing to report changes in rate of pay or the duration of a Contract; (iii) contacting a Buyer other than through the Site (where the Buyer contact details were obtained from the Site); (iv) providing false information on rate of pay on the Site.

6.5 While we monitor information posted on the Site (and by accepting these terms the Seller consents to such monitoring for any purpose), 4FMV does not review each individual posting and therefore accepts no responsibility or liability for the information provided and makes no representations or warranties regarding the accuracy of the information supplied by any third party, including but not limited to information provided by any Buyer or Seller. Some information posted on the Site may be offensive, inaccurate or misleading. Buyer and Seller are responsible for obtaining independent verification of information posted by other users to ensure its accuracy. 4FMV is not responsible for and the Seller specifically releases 4FMV from any liability for any losses caused as a result of reliance placed on inaccurate or unlawful information posted on the Site by third parties.

6.6 Users may be requested to provide constructive feedback relating to other users of the Site, during or at the end of a Contract, in order that 4FMV can establish user ratings for the benefit of other users. All users are requested to treat the ratings system seriously and in particular are prohibited from leaving feedback that is untrue, inaccurate, threatening, insulting, defamatory or obscene.

6.7 We may allow links to third party websites on the Site. We are not responsible for, nor do we accept liability for the content of third party sites. We reserve the right to remove any link to third party websites at any time.

6.8 We reserve the right to temporarily or permanently remove the Seller Homepage or edit and remove any other content or information at our sole discretion.

7. Data Protection

7.1 When registering with 4FMV, we collect personal data from Sellers for the purposes of providing our work-finding services. We process this data in accordance with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and our Privacy Policy which appears on the Site. It is the Seller’s responsibility to review our Privacy Policy which forms part of these terms. The Privacy Policy may be updated from time to time.

7.2 The Seller consents to 4FMV using their personal data for the purposes of providing its work-finding services and for other legal, administrative and management purposes and in particular to the processing of sensitive personal data (as defined in PIPEDA).

7.3 4FMV will make Seller personal data available to Buyers and may make it available to other parties, to which the Seller hereby expressly consents. Sellers further consent to the transfer of their personal data to such parties, within and outside of Canada the European Economic Area, even if the country or territory in question does not maintain adequate legal data protection standards.

7.4 The Seller must comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and our Privacy Policy at all times.

8. Contracts

8.1 4FMV will make reasonable effort to find work for the Seller that is suitable to the skills and experience described by the Seller on registration. However, 4FMV relies entirely upon the description of required services provided by Buyers, and 4FMV makes no representation or warranty that work accepted by the Seller will meet the Seller’s specific requirements or be appropriate to the Seller’s particular skills. Seller’s are encouraged to review carefully the description of services provided by Buyers.

8.2 The Seller is not obliged to accept any offer of a Contract which is made by a Buyer, via 4FMV.

8.3 The Seller warrants that (a) the Seller has correctly informed us of their identity; and (b) the Seller shall not undertake a Contract unless the Seller has the necessary experience, training, qualification or authorisations required by the Buyer, by prevailing law, or by any professional body for the Seller to undertake the work required.

8.4 The Seller confirms that:

1. the services of the Seller as specified in the Contract Information Sheet agreed with the Buyer prior to commencement of a Contract shall be carried out in a professional manner, with all proper care and skill, in accordance with accepted professional standards methodologies and guidelines and within any agreed timescale.
2. the Seller will give the Buyer and 4FMV reasonable notice of any periods when the Seller will not be able to provide services as agreed in any Contract Information Sheet.
3. the Seller shall provide the Buyer with such evidence and verification of their experience, training, qualifications and authorisations as are required by the Buyer, 4FMV, prevailing law or by a professional body or which are necessary for the Seller to undertake a Contract or as may be requested from time to time.
4. the Seller shall provide such equipment and training as is necessary for the Seller to perform a Contract at their own cost.
5. the Seller has the right to work in Canada.

8.5 If for any reason either before or during the course of a Contract, the Seller or Seller Company become aware of any reason why the Seller may not be suitable for a Contract, the Seller or Seller Company shall notify 4FMV in writing without delay.

9. Timesheets

9.1 At intervals set out in the Contract Information Sheet for a Contract (or at the end of the Contract where it is for a period of one week or less or is completed before the end of a week) the Seller shall complete an online timesheet and submit this to 4FMV duly completed to indicate the number of hours/days worked (and if applicable overtime worked and expenses incurred) during the preceding timesheet period. 4FMV shall provide the Seller’s timesheet to the Buyer for verification of hours worked.

9.2 Subject to clause 9.3 4FMV shall pay the Seller for all hours/days worked by the Seller regardless of whether 4FMV has received payment from the Buyer for those hours, in accordance with clause 10 below.

9.3 Where the Buyer fails to verify a timesheet submitted by a Seller, the Seller shall, in a timely fashion, conduct further investigations into the hours claimed by the Seller and the reasons that the Buyer has refused to verify those hours, and report the results of the investigation to 4FMV. This may delay any payment due to the Seller. No fee shall be payable by 4FMV in respect of any period that services are not provided by the Seller.

10. Fees, Invoicing & Payment

10.1 The fee payable by 4FMV to the Seller for the provision of the services of the Seller shall be as set out in the Contract Information Sheet agreed with the Buyer prior to the commencement of any Contract. The Contract Information Sheet shall also set out the parameters for and any rate of overtime pay or expenses agreed by the Buyer, which the Buyer may reimburse.

10.2 4FMV operates a self-billing arrangement. At the invoicing intervals agreed in the Contract Information Sheet relating to a Contract, 4FMV shall generate an invoice from the Seller to 4FMV in respect of the provision of the Seller based on the details as to rates of pay and expenses as set out in the Contract Information Sheet and on such timesheets as have been submitted by the Seller and Seller Company during the billing period in respect of a Contract, sales taxes (HST/GST and/or QST). In addition to the amounts invoiced by the Seller, 4FMV shall also charge the Buyer a management fee and an expenses handling fee where applicable.

10.3 The invoice will be emailed to the Seller. Neither the Seller nor the Seller Company will issue any invoices in respect of a Contract arranged by 4FMV. The Seller must notify 4FMV if its HST/GST and/or QST registration details change, e.g. ceases to be registered or becomes registered under another number, or the Seller transfers its business as a going concern. This self-billing arrangement will expire 12 months after the date of commencement of a Contract to which the arrangement applies.

10.4 Subject to clause 9.3, all payments for hourly contracts will be sent to the Seller within 30 days of the date of delivery of 4FMV’s invoice relating to the supply of the Seller’s services to the Buyer. 4FMV’s invoice to the Buyer will be delivered 2 days after the last online timesheet relating to the billing period to which the invoice relates is submitted to 4FMV by the Seller, provided that no timesheet submitted by the Seller during the billing period in question has been disputed by the Buyer (in which case clause 9.3 applies).

10.5 All payments for fixed-price contracts will be sent to the Seller within 30 days of the date of confirmation of service completion and delivery by the Buyer. 4FMV’s invoice to the Buyer will be delivered upon Contract acceptance by the Seller and must be pre-paid before the Seller begins work on the Contract.

10.6 The Seller further agrees that it shall pay for its employees, contractors, servants, workmen or agents, all applicable taxes, premiums, and fees, relating to employment.

1. For a Sole Proprietor that includes but is not limited to: income tax deductions, payroll taxes, vacation pay, statutory holiday pay, workers' compensation premiums and automobile insurance premiums. 4FMV will make such Employment Insurance remittances and Canada Pension Plan or Quebec Pension Plan remittances as may be required on behalf of the Seller. The Seller further agrees that if 4FMV is required to make any payments on behalf of the Seller, other than those referred to herein, the Seller shall forthwith, upon demand, reimburse 4FMV for all such payments made. The parties further agree that if the Seller is unable to reimburse 4FMV for such payments on demand, then 4FMV shall be entitled to withhold any amount owing to the Seller pursuant to the terms of this Agreement as a set-off for the Monies owing to 4FMV.


2. For an Incorporation that includes but is not limited to: Canada Pension Plan remittances, income tax deductions, payroll taxes, Employment Insurance remittances, vacation pay, statutory holiday pay, workers' compensation premiums and automobile insurance premiums. The Seller further agrees that if 4FMV is required to make any payments on behalf of the Seller, the Seller shall forthwith, upon demand, reimburse 4FMV for all such payments made. The parties further agree that if the Seller is unable to reimburse the company for such payments on demand, then 4FMV will be entitled to withhold any amount owing to the Seller pursuant to the terms of this Agreement as a set-off for the Monies owing to 4FMV.

10.7 For the purposes of this clause 10, ‘the Relevant Period’ means either the period of 14 weeks from the commencement of a Contract, or the period of 8 weeks from the last day of a Contract, whichever period ends the later. For the purposes of this definition, a new Contract begins where there has been a break of 42 days since the end of the last Contract, or no previous Contract.

10.8 If, after the introduction to the Buyer of the Seller, or any officer, employee or worker of the Seller (‘Individual Consultant’’), during the course of a Contract or within the Relevant Period, the Buyer wishes to employ or engage the Seller or any other Individual Consultants directly, or through an employment business other than 4FMV, the Seller acknowledges that 4FMV will be entitled either to either:

1. charge the Buyer a fee; or
2. agree a new or extended Contract of the Seller with the Buyer at the end of which the Seller or any Individual Consultant may be engaged directly by the Buyer or through another employment business without further charge to the Buyer.

In addition 4FMV will be entitled to charge a fee to the Buyer if the Buyer introduces the Seller or any Individual Consultant to a third party who subsequently engages the Seller or any Individual Consultant.

11. Intellectual Property

11.1 For the purposes of these terms, ‘Intellectual Property Rights’ means patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

11.2 The Seller acknowledges that any Intellectual Property Rights owned by a Buyer shall remain with the Buyer and shall not be affected by the Seller performing a Contract with such Buyer.

11.3 The Seller acknowledges that should a Seller create any new Intellectual Property Rights as a result of the performance of a Contract, such rights shall belong to the Buyer. To the extent that such rights, title, or interests, shall not, or do not vest automatically in and with the Buyer, the Seller irrevocably, and with full title guarantee, assigns to the Buyer all such rights, title and interests together with the right to exploit the same in any manner and through any media as the Buyer shall in its absolute discretion decide.

11.4 All Intellectual Property Rights to the Site and the content thereof, other than a Seller’s own personal data, is owned solely by 4FMV and the Seller is not authorised to use, copy, reproduce or sell any such content other than as permitted under these terms.

12. Confidentiality

12.1 For the purposes of these terms, ‘Confidential Information’ means information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, products, affairs and finances of 4FMV or a Buyer for the time being, confidential to 4FMV or the Buyer and trade secrets including, without limitation, technical data and know-how relating to the business of 4FMV or the Buyer or any of its suppliers, clients, customers, agents, distributors, shareholders or management, that the Seller creates, develops, receives or obtains in connection with a Contract or use of the Site, whether or not such information (if in anything other than oral form) is marked confidential.

12.2 The Seller shall not, during a Contract, or the period during which a Seller is registered on the Site, or at any time thereafter, use or divulge to any person, either directly or indirectly, any Confidential Information obtained by the Seller in relation to, or in connection with 4FMV or the Buyer, which may come, or may have come to the knowledge of the Seller during the course of a Contract or as a result of using the Site, and Seller agrees to co-operate with the Buyer and/or 4FMV to prevent the use, publication and disclosure of any such information. This obligation does not apply to (i) information known to the Seller before the Contract; (ii) information which enters the public domain through no fault of the Seller; and (iii) disclosures made as required by law or regulatory requirement.

12.3 The Seller shall ensure that the Seller and any Individual Consultants shall return to the Buyer all Confidential Information and all documents, data, working papers and other materials belonging to the Buyer, which are in the possession or control of the Seller or the Individual Consultant at the end of the Contract, without retaining copies.

13. Subscription Service (known as Premier Members)

13.1 Sellers can subscribe to this service for 1 or 12 months at the cost of $18 (plus HST) or $150 (plus HST) respectively. It is not a compulsory service. The subscription service allows subscribers preferential display on the search facility for as long as the Seller remains a subscriber and an active user. Subscription fees are paid in advance via Paypal and there are no rebates or refunds payable in the event of cancellation for any reason.

13.2 The Seller’s subscription is automatically renewed at the end of the subscription period unless cancelled by the Seller by giving at least 7 days prior written notice.

13.3 We reserve the right to review and amend subscription fees or introduce a scaled subscription model at any time upon providing notice on the Site and notice by email to existing subscribers, stating the date on which such increases to subscription fees will take effect.

14. External Employment Agencies

14.1 4FMV may grant access to external employment agencies for the purposes of filling specific roles through a database search and contact system.

14.2 External employment agencies using this system will be identified to Sellers at point of contact. Sellers have the option to accept or decline contact from external employment agencies entirely or on an opportunity by opportunity basis. No identifying information will be released without the Seller’s permission.

14.3 External employment agencies using this contact system are exempted from using 4FMV contracts and timesheets. Employment with these agencies will not go through 4FMV. 4FMV does not guarantee that the policies and procedures of these external agencies will be similar to those of 4FMV.

15. Termination

15.1 Each Contract shall commence on the agreed start date and shall continue until the agreed end date or completion of the services to the reasonable satisfaction of the Buyer. Notwithstanding the foregoing, a Contract may be terminated prior to its completion as follows:

1. by 4FMV for any reason whatsoever, without prior notice or liability;
2. by the Seller upon provision of not less than 10 business days prior written notice;
3. for cause by 4FMV in the event that the Buyer is dissatisfied, in its sole discretion with the Services of the Seller, by 4FMV giving notice, either written or oral, to the Seller, whereupon this Contract shall then be terminated on the date such notice is given or at such other time or date as may be referred to in the notice;
4. by 4FMV, in the event that the Seller is in material breach of any provision of this Agreement; or
5. by 4FMV immediately in the event that the Seller is dissolved for any reason or becomes bankrupt or commences or becomes subject to any process that might reasonably result in bankruptcy, liquidation or dissolution;

15.2 Failure by the Seller to give notice of termination as required by clause 13.1 shall constitute a breach of contract and shall entitle 4FMV to damages from the Seller for any resulting loss suffered by 4FMV or the Buyer.

15.3 The Seller acknowledges that the continuation of the Contract is subject to and conditional upon the continuation of the contract entered into between 4FMV and the Buyer. In the event that the contract between 4FMV and the Buyer is terminated for any reason the Contract shall cease with immediate effect without liability on the part of 4FMV to the Seller.

15.4 4FMV reserves the right to suspend or terminate use of this Site by any Seller in the event of breach of these terms or for any other reason, without prior notice and without liability.

16. Liability

16.1 The Seller agrees to and does hereby indemnify 4FMV against all losses, costs (including reasonable legal fees assessed on a full indemnity basis), expenses, damages arising from any claims or demands made by any third party (including the Buyer) due to or arising out of a breach by the Seller of these terms, or violation of any law (including tax laws) or third party rights. 4FMV will promptly inform the Seller of any claim, action or demand falling within the ambit of this clause and the Seller will cooperate fully in 4FMV’s defence of the claim. The Seller will not agree to any settlement in respect of a claim or action to which 4FMV is a co-defendant without 4FMV’s prior written consent.

16.2 The Seller shall and does hereby indemnify and save harmless 4FMV of and from:

1. any and all claims and demands which may be made against 4FMV by reason of any injury or damage suffered or sustained by any person or corporation caused by any act or omission, negligent or otherwise of the Seller's or of the Seller's employees, consultants, workmen, servants or agents.
2. any and all claims and demands which may be made against 4FMV by reason of any injury or damage, however caused, which may be suffered by employees, consultants, workmen, servants or agents of the Seller.

16.3 4FMV’s liability for losses suffered by the Seller as a result of4FMV’s breach of contract, negligence or violation of any law or third party rights is strictly limited to actual direct loss which was reasonably foreseeable to all parties and in any event this liability is limited to the lesser of,

1. the total amount payable to the Seller in respect of the Contract in which the alleged liability arose or
2. the amounts actually paid to and/or due in the twelve (12) months period immediately preceding the event giving rise to such claim.

16.4 All users of the Site do so at their own risk. The Site is provided ‘as is’ and ‘as available’. 4FMV does not guarantee and makes no representation or warranty that the service will be error or interruption free and does not guarantee or make any representation or warranty regarding the accuracy of any content provided on the Site. In no event shall 4FMV be liable to the Seller for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought have been previously advised of the possibility of such damages.

16.5 Certain provinces, states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

17. General

17.1 These terms and any contract for services agreed pursuant to these terms may only be varied by an agreement in writing of all parties (and for the avoidance of doubt, an agreement in writing will include online acceptance of updated terms).

17.2 No failure or delay by 4FMV to exercise any right or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right or remedy. All such rights and remedies are severable and cumulative and not exclusive of each other.

17.3 The Seller may not transfer, assign or dispose of any right or benefit under these terms or any contract for services agreed pursuant to these terms without the prior written consent of 4FMV.

17.4 Any notice given by 4FMV under these terms shall be deemed delivered 24 hours after emailing such notice to the email address provided by the Seller on registration with the Site (or as updated on the Seller Homepage). Any notice given by the Seller under these terms shall be deemed delivered 24 hours after emailing such notice to 4FMV at sellers@4fmv.ca.

17.5 If any provision of these terms or any contract for services agreed pursuant to these terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of the terms or such contract for services which shall remain in full force and effect.

18. Governing Law

18.1 This Agreement shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario.

19. Headings, Etc.

19.1 The division of this Agreement into Articles, Sections, Subsections and other subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be utilized in the construction or interpretation of this Agreement.

20. Currency.

20.1 All references in this Agreement or any Ancillary Agreement to dollars, unless otherwise specifically indicated, are expressed in Canadian dollars.

 

Last updated: 4-Sep-2011