1. Your Acceptance of These Terms

These Terms formalize a legally binding contract (“Agreement”) between you and StillForSales. When we say “you” or “your,” we mean you individually and any legal entity exercising rights under this Agreement through you. When we say “StillForSales,” “we,” “our,” or “us,” we mean StillForSales Marketplace Corp.

By accessing and/or using the Service, you agree to be bound by this Agreement and any policies or guidelines subsequently incorporated into or by reference into this Agreement (which will become part of the Agreement). If you do not agree to abide by all of the terms and conditions in this Agreement, you must not access and use the Service. You represent that you have the authority to bind yourself to this Agreement. Considering that you access and/or use the Service on behalf of a legal entity. In that case, you represent that you have the authority to bind that legal entity to this Agreement and that the legal entity accepts this Agreement.

This Agreement applies to the StillForSales platform and all related content, tools, features, and services, including the StillForSales mobile app (on any formats or devices) and the website located at https://www.StillForSales.com (collectively, the “Service”). The Service provides an online social marketplace where users of the Service (“Users”) can list and sell items (“Items”). Users who purchase Items are “Buyers,” when they sell Items, they are “Sellers.” Users may, at different times, be both Buyers and Sellers of the Service. By using the Service, Buyers and Sellers enter into a contract for selling and purchasing Items directly between themselves. StillForSales is a marketplace and not a party to such sale or purchase. StillForSales will not be liable for any loss or damage arising from your failure to comply with the Agreement.

2. Eligibility and Your StillForSales Account

a. Minors Must Have Permission to Use the Service

You may not use the Service if you are under 13. If you are at least 13 but under 18, you may only use the Service with permission of your parent or guardian as described in our Minors Policy (which is incorporated by reference into this Agreement).

b. Provide Accurate Information

You must create an account with StillForSales to access and/or use certain Service features (“Account”). If you are creating an Account for a legal entity, then you represent and warrant that you have the authority to create such an Account on behalf of the business entity. You must provide accurate information about your identity. You must not provide false information or impersonate another person or company through your Account. StillForSales reserves the right to verify the account information you provide (“Account Information”). Upon StillForSales’s request, you will promptly provide verification documentation, including identification documents, proof of address, or business information. The name on your Account will be considered the Account owner. Considering that you do not provide the information requested or provide inaccurate information, StillForSales may, at its sole discretion, terminate your account.

c. Protect Your Password

You are responsible for maintaining the confidentiality of your password and Account. You will immediately notify us of any suspected unauthorized use of your Account or any other suspected breach of Account security.

d. Your Responsibility for Your Account

You are solely responsible for any activity on your Account. Considering that you are a Minor (as defined in our Minors Policy) and sharing the Account with a parent or guardian, then both you and the parent or guardian granting permission on the Account will be responsible for any activity on the Account.

e. Account Transfers

You cannot transfer or assign your Account to a third party without prior written consent from StillForSales. StillForSales may require additional information from you regarding the requested transfer or assignment. You cannot otherwise transfer, sell, or dispose of your Account under any circumstances.

3. Your Privacy

For information about how we collect, use, share, and otherwise process your information, see our Privacy Policy.

4. Your Use of the Service

a. Your Use of the Service and Interactions with Other Users

By using the Service, you may interact with other Users. You release us from all liability relating to your interactions with other Users. When interacting with other Users, you assume all the risks of your interactions. You will be solely responsible and liable for your use of the Service, including buying, selling, transacting, and communicating on the Service.

b. Follow the Agreement and the Law

In connection with using and accessing the Service, you will comply with this Agreement and all applicable laws, rules, and regulations. Without limiting the preceding, you will not do any of the following in connection with your use of the Service:

•            Post any User Content (each as defined below in Section 6) that is unlawful, harmful, violent, illegal, infringing on third party rights, false, misleading, fraudulent, pornographic, libellous, invasive, encouraging of money laundering, gambling, or any other unlawful or unwarranted behaviour, or otherwise fail to comply with our Community Guidelines;

•            violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction, as determined by StillForSales in its sole discretion, that may apply to your use of the Service;

•            create any derivative works of, modify, or reverse engineer any part of the Service;

•            interfere with, disrupt, negatively affect, or inhibit other Users from thoroughly enjoying our Service or damage, disable, overburden, put an unreasonable load on, or otherwise impair the functioning of the Service infrastructure or the networks connected to the Service;

•            promote any illegal activity or enterprise;

•            stalk, harass, bully, impersonate or solicit information unrelated to a listed Item from anyone;

•            copy, scrape, harvest, crawl or use any technology, software or automated systems to collect any information or data for the Service;

•            sell or transmit anything you do not have a right to sell or transmit under law or existing relationship;

•            pose a privacy or security risk to the Service or any User;

•            infringe anyone’s intellectual property, such as by posting counterfeit products for sale through the Service;

•            spam any Users with email, junk mail, fraud, schemes, or the like;

•            collect or harvest any information or data from StillForSales’s systems or attempt to decipher any transmission to or from the servers running the Service;

•            use the contact information of any User of the Service (including Buyers) for any purposes other than about (a) receiving the Service and (b) any transactions between Users;

•            use the Service in any way that is contrary to StillForSales’s public image, goodwill, or reputation;

•            express or imply that StillForSales endorse any of your statements, activities, or causes without StillForSales’s prior written consent in each instance. Notwithstanding the preceding, a Seller will be entitled to make a factual reference which states that the Seller sells its Items on the Service. All other references (including any commentary on the factual reference mentioned above) will be subject to StillForSales’s prior written consent in each instance;

•            create multiple accounts to evade punishment or avoid restrictions;

•            transmit or upload viruses, worms, or otherwise interfere with the Service; and/or

•            take any action or inaction that StillForSales, in its sole judgment, believes is questionable or could cause harm or liability.

StillForSales may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Content, or Users, including terminating your Account and/or preserving such information for investigative purposes. Enforcement of this Section 4 is solely at StillForSales’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to implement it in other cases.

c. Share Your Thoughts and Ideas

We appreciate your thoughts and ideas. You acknowledge and agree that any comments, suggestions, ideas, feedback, or other information about the Service (“Feedback”) provided by you to StillForSales will not be confidential or proprietary. Stillforsales shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

5. Your Use of Mobile Devices and Other Third-Party Software

a. Your Responsibility for Mobile Fees and Costs

When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You are solely responsible for such fees and will be exclusively responsible for using the Service on your mobile device and adhering to your wireless provider’s terms and conditions.

b. Your Use of App Store Software Applications

To the extent you access the Service in connection with the Apple App Store, Google Play, or any other similar third-party application marketplace, you acknowledge and agree that these Terms are solely between you and StillForSales and that between the marketplace provider and StillForSales, StillForSales is exclusively responsible for the Service, content, maintenance, support, and addressing any claims relating to it, including product liability, legal compliance, and intellectual property infringement. In addition, if you access the Service through our iOS application, please review the Apple End User License Agreement.

6. Your Content

a. Your Content is Your Responsibility

You are solely responsible for all information, descriptions, pictures, listings, text, music, videos, streaming video, media, comments, logos, images, messages, sales, purchases, and any other materials (“Content”) that you upload, post, publish, transmit, display, and/or submit (“Post”) to or through the Service (such Content Posted by Users, excluding Account Information, is referred to as “User Content”). You are solely responsible for all of your User Content, and you understand and agree that all User Content can be shared with other Users and third parties at StillForSales’s sole discretion. StillForSales has no control over or liability for other Users’ use of your User Content.

b. You License Your Content to Us

By posting any User Content, you hereby represent and warrant that you have sufficient rights in the User Content to grant us the license below. By Posting any User Content, you hereby grant to StillForSales and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of, and otherwise use in any manner, as determined by StillForSales, your User Content in connection with (i) the operation of the Service or any other products or services of StillForSales or (ii) the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed, including publishing your User Content on the internet or Third Party Services (e.g. Facebook, Twitter, Instagram, blogs, etc.) and allowing other Users to share listings that include your User Content.

c. Your Content Must Not Infringe Intellectual Property Rights

You further represent and warrant that your User Content does not infringe any third party’s intellectual property rights, privacy rights, publicity rights, or other legal rights. While we are not obligated to review any User Content posted by our Users on our Service, we reserve the right to review any User Content, with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We may refuse to accept or display the User Content, and we may remove or delete all or any portion of the User Content at any time in our sole discretion, with or without cause. StillForSales will not be responsible for any User Content, including the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Content.

You may be exposed to User Content that you find inaccurate, offensive, indecent, or otherwise objectionable. You waive any legal or equitable rights or remedies you have or may have against the StillForSales Parties (as defined in Section 11) concerning such User Content.

d. Your Content Is Public

You understand and agree that (i) the User Content you Post is not confidential and will be treated as nonconfidential; (ii) your User Content may be publicly viewable and will be accessible and viewed by third parties; (iii) StillForSales will not be liable for any treatment of your User Content as public and nonconfidential or for the use of your User Content by third parties. You waive all claims concerning the confidentiality of any User Content. If you do not want your User Content to become public and nonconfidential, you must not use the Service.

7. Our Intellectual Property Rights

StillForSales retains all rights to our intellectual property. This includes the Service Content (as defined below) as well as the StillForSales name, logos, product or service names, slogans, trade dress, and any other StillForSales trademarks or service marks (“StillForSales Trademarks”). Other than Third Party Content (as defined below), all Content on the Service, including its look and feel (“Service Content”), is owned by StillForSales or its licensors and is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. StillForSales retains all rights to our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content unless explicitly authorized by this Agreement. Any use of the Service, including the Service Content, other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of StillForSales Trademarks will inure to our exclusive benefit. StillForSales reserves any rights not expressly granted herein. Other company, product, and service names and logos used and displayed via the Service are the property of their respective owners. Reference to any products, services, processes, or other information by company, product, or service names and logos does not constitute or imply our endorsement, sponsorship, or recommendation.

8. Intellectual Property Complaints

By the Copyright Modernization Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others.

If you believe that anything on our Service infringes any of your intellectual property rights, including copyright that you own or control, please use our IP reporting form here, or you may notify our designated agent at:

Designated Agent: Legal StillForSales

Email Address: for copyright complaints:  admin@StillForSales.com

for all other IP complaints, admin@StillForSales.com

If you submit a notice under the Copyright Modernization Act, please see 41.25 for the proper notification requirements. Also, considering that you knowingly misrepresent that any activity or material on our services is infringing, you may be liable to us for certain costs and damages.

9. Third-Party Services and Content

a. Your Access to Services of Third Parties

The Service may enable you to access certain services offered by third-party service providers, including through links to third-party sites, video, email, telephone communication, and/or other offers outside of the StillForSales platform (“Third Party Services”). For example, the social networks you connect your Account to under the Sharing Settings page are Third Party Services. Your dealings or correspondence with third parties and your use of or interaction with any Third Party Services are solely between you and the third party. StillForSales does not control or endorse and makes no representations or warranties regarding any third-party services, and your access to and use of such third-party services is at your own risk. The terms of this Agreement and the StillForSales Privacy Policy do not apply to your use of any such Third Party Services. You are solely responsible for accessing or using such Third Party Services. You should review any applicable terms and/or privacy policies of any Third Party Services before using or sharing information with any Third Party Services. StillForSales may suspend or terminate your ability to access Third Party Services through the Services at any time with or without notice.

The Service may provide you with access to YouTube through an application programming interface or API. YouTube is a Third-Party Service, and if you access or use YouTube’s services through the API you agree to abide by, the YouTube Terms of Service.

b. Third-Party and User Content

The Service contains images, descriptions and other Content posted by third parties, including Users (“Third Party Content”). Content you access through Third Party Services is also Third Party Content. You acknowledge that Third Party Content may be protected by copyright, patent, trademark, trade secret, and/or other proprietary rights and laws. You agree not to copy, modify, scrape, distribute, create derivative works, or otherwise use the Third Party Content for any purpose other than as explicitly authorized in this Agreement.

StillForSales will not be liable for the Third Party Content or any errors, omissions, inaccuracies, infringement, loss, or damage related to the Third Party Content. You acknowledge that StillForSales has no obligation to review, screen, or inspect any Third Party Content on the Service. However, StillForSales reserves the right to review, screen, inspect, and/or remove any Third Party Content at our sole discretion. You agree that you assume all the risks associated with the use of or reliance upon Third Party Content, including risks related to accuracy, completeness, or usefulness.

10. Your Purchases and Sales

a. Your Risk

You assume certain risks when using a marketplace service such as StillForSales. StillForSales is not a participant and provides no warranty for any transaction between a Buyer and a Seller. Stillforsales does not take the title of any Items. You acknowledge and agree that StillForSales will not be considered a buyer or seller in any transaction conducted through the Service and that StillForSales is not an auctioneer, consignee, or shipping carrier. When acting as a Buyer or Seller, you assume all the risks of selling or purchasing Items through the Service.

b. Sellers

As a Seller, you agree to only Post Items that you have all rights necessary to sell and to describe such Items truthfully, accurately, and completely. Our Seller Policy (incorporated by reference into this Agreement) further describes a Seller’s rights, responsibilities, and fees.

c. Buyers

As a Buyer, you are solely responsible for reading and reviewing an Item’s listing before making an offer for an Item or purchasing an Item. Our Buyer Policy (incorporated by reference into this Agreement) further describes a Buyer’s rights and responsibilities. Buyers are responsible for all fees as described in the Buyer Policy.

d. Fees

You can register for the Service for free, but StillForSales will charge specific fees for various transactions you may complete through the Service and for certain other services StillForSales may provide as outlined in our Fee Policy (which is incorporated by reference into this Agreement). All amounts are quoted in CAD dollars unless otherwise stated.

e. Fee Modifications

We may change or discontinue, temporarily or permanently, some or all fees for the Service without notice and at our sole discretion, and such changes will be effective upon our revision of the Fee Policy.

f. Prohibited Items

StillForSales prohibits listing or selling any item described in our Prohibited Items Policy (which is incorporated by reference into this Agreement), including items that are illegal to sell or violate the rights of third parties, such as counterfeit items.

Please refer to our StillForSales Authenticate Policy for further information on what steps StillForSales takes to help avoid selling counterfeit items through the Service and the remedies buyers have for counterfeit items. The brands sold on StillForSales are not affiliated with StillForSales or the StillForSales Authenticate service. Our team members who assist in providing additional verification through the StillForSales Authenticate service are not affiliated with or certified by any brand sold on StillForSales.

If, after reviewing an Item, we have concerns about its authenticity or that it otherwise constitutes a prohibited Item, we may, in our sole discretion, cancel the order. In such cases, we will refund the item’s total cost and any accompanying shipping costs to the Buyer. Such a refund will be the Buyer’s sole remedy for the cancelled order. Sellers will not receive earnings from orders cancelled by this paragraph. Sellers acknowledge and agree that if such items are in possession of StillForSales, StillForSales may determine, in its sole discretion, whether to return, retain, destroy, or otherwise dispose of such cancelled item. If such Items are returned to Seller, Seller agrees not to attempt to relist or resell the item through the Service.

g. Purchases

Buyers may accept the price offered by a Seller and purchase the Item, or Buyers may make offers to Sellers to purchase Items from Sellers. Once the Seller has accepted an offer, it will be considered a purchase and a binding contract between the Buyer and Seller. The contract to purchase will be solely between Buyer and Seller, and StillForSales will not be a party to such contract.

Upon purchasing an Item, a Buyer must remit payment to StillForSales for the Item, including any listed shipping or additional fees.

StillForSales may delay or cancel any purchase for fraud detection or to protect Users from other illegal or wrongful activities. All purchases are final with no returns, refunds, cancellations, or retractions allowed, except when (i) the Buyer cancels an order until the Item has been shipped (ii) StillForSales cancels the purchase or the purchase is otherwise canceled when explicitly permitted by StillForSales or, if applicable, by a Seller; or (iii) in accordance with the Returns and Refund Policy.

h. Payments

Buyers may pay for Items only by using payment methods approved by StillForSales. StillForSales will receive such payment from the Buyer on behalf of the Seller. By submitting payment information through StillForSales, you authorize StillForSales to securely store that information and charge you for any Items purchased along with all associated taxes, shipping, and other fees. StillForSales reserves the right to request additional information from Users to complete any transactions, identity verification, fraud prevention, and other regulatory and compliance purposes. Funds received by StillForSales from a transaction may, subject to the Fee Policy and your ongoing compliance with Section 18(a), be redeemed by Seller through StillForSales’s permitted third-party payment provider(s) or used by the Seller to purchase items listed by other Sellers through the Service.

i. Taxes

Transactions conducted through the Service may be subject to taxes in your jurisdiction, which StillForSales will collect from Buyers where legally obligated to do so. If StillForSales collects taxes as legally obligated, StillForSales will remit such taxes to applicable taxing authorities. The listed prices for Items do not include taxes, but the taxes, when applicable, will be displayed before a Buyer confirms the purchase. Use of StillForCredit (as defined below) may modify taxes that apply to a Buyer’s purchase. Taxes may be estimated based on offers made on Items but remain subject to change if the final sale price differs from the original offer. Taxes are based on several factors, including price, location, and provincial, local, federal, or other applicable rates at the time of purchase. Although we may assess estimated taxes upon purchase or sale, you will ultimately be responsible for verifying and reporting any applicable taxes to the appropriate tax authorities, including instances where StillForSales does not collect taxes on your behalf.

j. Shipping

Buyer is responsible for shipping fees as described in our Shipping Policy (incorporated by reference into this Agreement).

StillForSales will provide Seller with a prepaid shipping label (“Label”) as detailed in our Shipping Policy. Our Shipping Policy further describes Sellers’ shipping responsibilities. StillForSales reserves the right to discontinue providing Labels to any or all Users at any time and for any reason.

k. Returns

StillForSales may allow you to return an Item in limited circumstances. Please see our Return Policy (which is incorporated by reference into this Agreement) for more details.

l. StillForSales Credit

StillForSales may offer non-redeemable promotional credits to Users, for any reason, at the sole discretion of StillForSales, to be used exclusively for purchases on the Service (“StillForCredit”). StillForSales, in its sole discretion, will determine the requirements, amount, and value of these credits, if any. StillForCredit cannot, unless required by law, be transferred or applied to prior purchases, and cannot be sold, made available to the general public, or acquired via public distribution. Users with suspended accounts will be prohibited from using StillForCredit during suspension. Other restrictions may apply. We may cancel any StillForCredit at any time upon reasonable notice. You may apply StillForCredit when paying for Items, subject to the terms in which we grant such StillForCredit. StillForSales will have no liability to you for any cancelled or expired StillForCredit.

m. Escheatment

It is the User’s sole responsibility to update payment Account Information to receive any redeemable funds. After a period of statutorily required account dormancy, StillForSales will escheat any unclaimed funds to the relevant government authorities as necessary, and we may charge a dormancy fee when applicable rules and regulations allow it.

11. Limitation of Liability and Warranties

a. Warranty Disclaimer

You understand that your use of the service, including any content contained therein, will be at your sole risk and that StillForSales provides the service, including any content contained therein, on an “as is” and “as available” basis. to the maximum extent permitted by applicable laws, StillForSales expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement regarding the service, any content contained therein, or any third-party services, materials, or items that may be accessed or purchased through the service.

To the maximum extent permitted by law, StillForSales makes no warranty that (1) you will be able to sell or purchase any items through the service or that the service will otherwise meet your expectations or requirements; (2) the service will be uninterrupted, timely, secure, or error-free; (3) the results that may be obtained from the use of the service will be complete, accurate, or reliable; or (4) the quality of any goods, services, information, or other material purchased or obtained by you through the service will meet your expectations or requirements.

StillForSales makes no warranties or guarantees of any kind regarding the items offered or sold through the service, including the authenticity, quality, safety, or legality of such items, the truth or accuracy of any listings, or the ability of buyers and sellers to transact any business through the service.

b. Limitation of Liability

To the maximum extent permitted by law, you understand and agree that in no event will StillForSales, our subsidiaries and affiliates, and the respective officers, directors, agents, partners and employees of each (the “StillForSales Parties”) be liable to you under any theory of liability—whether the claim is based in contract, tort including negligence, strict liability, or otherwise— for any indirect, incidental, special, exemplary, consequential damages, or lost profits arising out of or relating to this agreement or the service, or any items you purchase or sell through the service, whether or not a StillForSales Party has been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with this agreement, or from any communications, interactions or meetings with other users of the service, on any theory of liability (including contract; tort including negligence or otherwise) arising out of, in connection with, or resulting from (1) the use or inability to use the service; (2) statements or conduct of any third party on the service; or (3) any other matter related to the service.

To the maximum extent permitted by law, under no circumstances will the total liability of the StillForSales Parties to you for any claim arising out of or relating to this agreement or the service, regardless of the form of the action, exceed the greater amount of (a) commissions that you have paid to StillForSales as a Seller in the three (3) months prior to the applicable claim, or (b) one hundred CAD Dollars (CAD100).

The limitations of this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of the StillForSales Parties or any other liability that cannot be excluded or limited by law. Our licensors and service providers will have no liability under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.

12. Indemnification

You agree to release, indemnify, and hold harmless and, upon StillForSales’s request, defend the StillForSales Parties from any legal claims, demands and damages (including reasonable attorney fees) that arise from or relate to (i) your access to or use of the Service, including any Items purchased or sold; (ii) your User Content or Feedback; (iii) your breach of the Agreement; (iv) your violation, misappropriation, or infringement of any rights of another (including someone else’s privacy or intellectual property rights); or (v) your violation of applicable laws.

13. Disputes with StillForSales

Please read this section carefully because it requires you and StillForSales to arbitrate certain disputes and claims and limits how we can seek relief from each other. arbitration precludes you and StillForSales from suing in court or having a jury trial. you and StillForSales agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. StillForSales and you are each waiving the right to trial by a jury.

a. Informal Dispute Resolution Prior to Arbitration

For any dispute or claim that you have against StillForSales or that StillForSales has against you arising out of or related to this Agreement or access to or use of the Service, including any Items purchased or sold (collectively, “Claims”, and each a “Claim”), you and StillForSales will attempt to first resolve the Claim informally to resolve the Claim faster and reduce costs for both parties.

You and StillForSales will make a good-faith effort to negotiate the resolution of any Claim for at least sixty (60) days (“Informal Resolution”). This 60-day period starts on the day you or StillForSales receive a written notice of a claim from the other party (a “Notice of Claim”) under this Agreement. You will send any Notice of Claim to StillForSales Markeplace Corp., admin@stillforsales.com. You must personally sign the Notice of Claim. The Notice of Claim sent by either party must include the initiating party’s name, address, phone number, email address, a description of the Claim (including any relevant account names, order numbers, items purchased, and services used), the dates and manner of access to StillForSales upon which the Claim is based, and the specific resolution being sought. A Notice of Claim will only be valid if it pertains to and is on behalf of a single individual. If requested by the party that receives the Notice of Claim, the other party must personally attend a video conference to discuss the Claim (if counsel represents a party, counsel may also participate). During the videoconference, you and StillForSales agree to participate in a good faith, direct discussion about the facts, circumstances, and potential resolution of the Claim.

Considering that the Claim is not resolved within the Informal Resolution period of sixty (60) days (which period can be extended by agreement of the parties), you or StillForSales may start an arbitration by this Agreement (or, at the option of either party, commence a proceeding in small claims court of the Province of Alberta).

You and StillForSales agree that this informal dispute resolution procedure is a condition precedent to initiating any arbitration or filing any claim against the other party.

b. Claims Subject to Binding Arbitration; Exceptions

Except for individual disputes that qualify for small claims court, all Claims, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, that are not resolved through informal dispute resolution as described in Section 13(a) will be determined by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such claims include disputes arising from or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator can grant any remedy or relief otherwise available in court.

c. Alberta Arbitration Act

This Agreement affects interstate commerce, and the enforceability of this Section 13 will be substantively and procedurally governed by the Alberta Arbitration Act, RSA 1980, Chapter A-43, to the extent permitted by law. As limited by the Alberta Arbitration Act, to the extent permitted by law. As limited by the Alberta Arbitration Act and this Agreement, one arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

d. Arbitration Procedure

All Claims must be submitted to Arbitral Tribunal of Alberta and will be resolved through binding arbitration before one arbitrator.

You or StillForSales may commence arbitration by filing a written Demand for Arbitration providing a copy to the other party. The party commencing arbitration shall (i) include in their demand details about the claim sufficient to identify their interactions and transactions with the other party (including dates and transaction amounts) in a manner that is specific to the party (and thus not a superficial or generic statement of the claim of the sort that may apply to any number of claimants) and (ii) attach the Notice of Claim and any response to it. The parties shall be responsible for their own attorneys’ fees and costs in arbitration unless the arbitration rules and/or applicable law provide otherwise.

You and StillForSales agree that any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and you and StillForSales agree to give up the ability to participate in a class action. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

You and StillForSales agree to cooperate in seeking protection from the arbitrator for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and StillForSales agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.

The arbitrator’s decision will follow this Agreement and be final and binding. The arbitrator will have the authority to award temporary, interim or permanent injunctive relief or relief for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

e. Opting Out of Arbitration

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted this Agreement by providing us with notice of your decision to opt-out via email at admin@StillForSales.com. To be effective, the opt-out notice must include your full name, mailing address, account name, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you agree to resolve disputes per Section 14.

f. Severability

If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, including but not limited to, because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis under this Section 13; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim from seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.

14. Governing Law and Venue

This Agreement and all Claims will be governed by the laws of the Province of Alberta without giving effect to its principles regarding conflicts of law. You and StillForSales waive any objection to venue in any courts. You acknowledge that the Service originates from Canada and agree to comply with all export laws and regulations of Canada.

15. Disputes with Other Users

You will be responsible for your interactions with other Users, and you release StillForSales from any liability or responsibility arising from disputes with other Users.

We encourage Users to resolve disputes with one another amicably. You are solely responsible for your interactions with other Users, including any purchase or sale transactions. StillForSales has no obligation to resolve disputes between Users. You release StillForSales from any claims, demands, and damages arising from conflicts with other Users.

16. Suspending, Terminating, or Modifying your Access

a. Termination of your Account by You

You may terminate your Account at any time.

b. Suspension or Termination of your Account by Us

We may suspend or terminate your Account at our discretion without explanation, notice, and liability to StillForSales, including removing and discarding any Items or Content within the Service for any reason and at any time. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

c. Suspension, Termination, or Modification of the Service

StillForSales may suspend, terminate, or modify the Service with or without notice and for any reason, including (i) to hold funds pending any investigations or other activity necessary to deter fraud, (ii) to address potential illegal activity, or (iii) to otherwise comply with applicable laws and regulations.

d. Effect of Suspension or Termination

The Service will not be accessible or available to Users whose Accounts have been temporarily or permanently suspended or terminated. Any attempts to circumvent any suspensions, terminations, or other enforcement actions by StillForSales are strictly prohibited and may result in additional actions against you and any other users facilitating such circumvention. This includes but is not limited to, creating new or duplicative accounts or continuing to access the Service from another User’s account.

StillForSales will have no liability to you or any third party for any suspension or termination of your Account or for any suspension, termination, or modification of the Service.

17. Changes to This Agreement

We may update this Agreement and all related Policies from time to time by posting updated Terms on the Service. We will update the above “Last Updated” date when we change the Terms. Changes will be effective upon posting unless otherwise stated. You are responsible for reviewing the changes, and your continued use of the Service constitutes your acceptance of the updated Terms and the amendment of the Agreement. If you do not agree to abide by these or any updated Terms, you must not use or access the Service.

18. Miscellaneous

a. Trade and Economic Sanctions and Export Controls

The Service may be subject to economic and trade sanctions and export control laws in your applicable jurisdiction. You agree that you will not violate such laws and will be solely responsible for any such violation to the extent permitted by law. You represent that neither you, any business you represent, nor any beneficial owner of you or your business is: (i) a citizen or resident of a geographic area in which access to or use of the Service is prohibited by applicable law, decree, regulation, treaty, or administrative act; (ii) a citizen or resident of, or located in, a geographic area that is subject to Canada or other sovereign country sanctions or embargoes; or (iii) an individual, or an individual employed by or associated with an entity, that is “listed”, “named” or “designated” by United Security Council (UNSC); and by Consolidated Canadian Autonomous Sanction List, that includes the names of any listed persons (both individuals and entities) in the schedules of regulations made under Canada’s Special Economic Measures Act and Canada’s Justice for Victims of Corrupt Foreign Officials Act. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, you will immediately cease using the Service.

b. Electronic Communication and Documentation

When you use the Service or send us communications, you agree to communicate with us electronically. This Agreement and any other documents referenced in the Agreement will be considered a “writing” or “in writing” to comply with applicable legal requirements and be legally enforceable between the parties. Printed versions of this Agreement and the referenced documents will be admissible in any legal proceeding. For clarity, the mere use of the Service does not constitute electronic communication.

c. Severability and No Waiver

The unenforceability of any provision of this Agreement will not, except as stated in Section 13(f), affect the enforceability of any other provision. Considering that any provision is found to be void, invalid, or unenforceable, it, except as stated in Section 13(f), will be revised and interpreted to accomplish the objectives of such provision to the extent possible under applicable law. The remaining provisions will continue in full force and effect. Our non-enforcement of any provision of this Agreement or right under applicable law will not be construed as our waiver of any enforcement rights under the same or different circumstances at any time in the future. We reserve all rights under applicable law.

d. Headings and Interpretation

The headings and sub-headings in this Agreement are included for reference purposes only. They will not affect the meaning or interpretation of this Agreement in any way. The words “include,” “includes,” or “including” will be deemed to be followed by “without limitation.” This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party.

19. Our Notices to You and Contact Information

Notices

You agree that we will provide notices and messages to you within the Service or, if required, via email or regular mail. You may provide StillForSales notice, which will be deemed provided once received by StillForSales, addressed via mail to the address noted in the below “Contact Us” section.

Contact Us

Please contact us with any questions or comments about the Service at:

StillForSales Inc.

admin@StillForSales.com

If you have any questions about these Terms or would like to report a violation of these Terms, please contact us at admin@StillForSales.com.