Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE, MOBILE APPLICATIONS, AND SERVICES OFFERED BY THE BREKEN GROUP OF COMPANIES INCORPORATED. AND ITS SUBSIDIARY (COLLECTIVELY, "YLM"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.YLM.CA (THE "SITE"), MOBILE APPLICATIONS, AND SERVICES PROVIDED BY YLM (COLLECTIVELY, THE "SERVICES").

By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

Effective January 1, 2015: the Agreement is between you and The Breken Group of Companies.

If you have any questions, please refer to the FAQ section of the Site.

1. YLM is a Venue

 

 

YLM acts as a venue to allow users who comply with YLM's policies to offer, sell and buy certain goods within a fixed-price format. YLM is not directly involved in the transaction between buyers and sellers. As a result, YLM has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. YLM does not pre-screen users (except for services that require an application) or the content or information provided by users. YLM cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, YLM does not transfer legal ownership of items from the seller to the buyer.

YLM cannot guarantee the true identity, age, and nationality of a user. YLM encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that YLM is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on YLM. You use the YLM service at your own risk.

2. Membership Eligibility

 

 

Age: YLM's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. YLM may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use YLM's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by YLM's policies as stated in the Agreement and the YLM policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the site by YLM, each of which is incorporated herein by reference and each of which may be updated by YLM from time to time without notice to you:

In addition, some services offered by YLM may be subject to additional terms and conditions promulgated by YLM from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify YLM of any unauthorized use of your password or any breach of security. You also agree that YLM cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than YLM without YLM's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on YLM you must provide and maintain valid payment information such as a valid PayPal account.

Account Transfer: You may not transfer or sell your YLM account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: YLM's services are not available to temporarily or indefinitely suspended YLM members. YLM reserves the right, in YLM's sole discretion, to cancel unconfirmed or inactive accounts. YLM reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Billing

 

 

YLM charges a 2.75 percentage fee of the overall sale price when the item sells. When you list an item, you have an opportunity to review and accept the fees that you will be charged and decide whether you would like your listings to be automatically renewed. YLM's fees, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees are effective after YLM provides you with at least fourteen (14) days' notice by posting the changes on the Site. YLM may, at YLM's sole discretion, change some or all of YLM's services at any time. In the event YLM introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian Dollars (CAN).
In certain situations, including but not limited to a void or invalid transaction, YLM may issue a credit for the applicable fees to a seller's billing statement.
You are responsible for paying all fees and applicable taxes associated with using YLM. YLM provides automatic bill payment.


Fees and Termination: If YLM terminates a listing or your account, if you close your account, or if the payment of your YLM fees cannot be completed for any reason, you remain obligated to pay YLM for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact YLM.

 

 

4. Listing and Selling

 

 

Listing Description: All product listings on YLM must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with YLM's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your YLM shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their YLM shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with YLM's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. YLM reserves the right to request that a seller modify a shop policy.

Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding YLM transaction fees, misrepresent the item's location, or use another user's account without permission.

5. Prohibited, Questionable and Infringing Items and Activities

 

 

You As a seller you are solely responsible for your conduct and activities on and regarding to YLM and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on YLM.

Restricted Activities: Your Content and your use of YLM shall not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
  4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by government agencies
  6. Contain items that have been as hazardous to consumers and therefore subject to a recall
  7. Be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including YLM staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  8. Interfere with a seller's business or shop
  9. Take any action that may undermine online reviews or feedback 
  10. Be obscene or contain child pornography
  11. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  12. Host images not part of a listing
  13. Modify, adapt or hack YLM or modify another website so as to falsely imply that it is associated with YLM;
  14. Appear to create liability for YLM or cause YLM to lose (in whole or in part) the services of YLM's ISPs or other suppliers
  15. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on YLM.

Furthermore, you may not list any item on YLM (or consummate any transaction that was initiated using YLM's service) that, by paying to YLM the listing fee or the final value fee, could cause YLM to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

 

 

License: YLM does not claim ownership rights in your Content. You grant YLM a license solely to enable YLM to use any information or Content you supply YLM with, so that YLM is not violating any rights you might have in that Content. You grant YLM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow YLM to store, translate, or re-format your Content on YLM and display your Content on YLM in any way YLM chooses. YLM will only use personal information in accordance with YLM's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another YLM user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for YLM-related communications. YLM has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any YLM user to your email or physical mail list. For more information, see YLM's Privacy Policy.

Re-Posting Content: By posting Content on YLM, it is possible for an outside website or a third party to re-post that Content. You agree to hold YLM harmless for any dispute concerning this use. If you choose to display your own YLM-hosted image on another website, the image must provide a link back to its listing page on YLM.

Idea Submissions: YLM considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and YLM shall not be liable for the disclosure or use of such Material. If, at YLM's request, any member sends Material to improve the site (for example through the Forums or to customer support), YLM will also consider that Material to be non-confidential and non-proprietary and YLM will not be liable for use or disclosure of the Material. Any communication by you to YLM is subject to this Agreement. You hereby grant and agree to grant YLM, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7. Information Control

 

 

YLM does not control the Content provided by users that is made available on YLM. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using YLM, you agree to accept such risks and that YLM (and YLM's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on YLM. Please use caution, common sense, and practice safe buying and selling when using YLM.

Other Resources:YLM is not responsible for the availability of outside websites or resources linked to or referenced on the Site. YLM does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that YLM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Resolution of Disputes and Release

 

 

Disputes with YLM: In the event a dispute arises between you and YLM, please contact YLM. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Ontario, Canada, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Canadian Federal Courts or Provincial courts located in Ontario. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and YLM agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, YLM encourages you to contact the user or third party to resolve the dispute amicably.  
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on YLM, they may choose to participate in YLM's case system in order to resolve the dispute. Cases are escalated for review and resolution by YLM. YLM provides its dispute resolution process for the benefit of users. YLM does so in YLM's sole discretion, and YLM has no obligation to resolve disputes between users or between users and outside parties. To the extent that YLM attempts to resolve a dispute, YLM will do so in good faith based solely on YLM's policies. YLM will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.  
You release YLM (and YLM's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party. 

 

9.YLM's Intellectual Property

 

 

YLM, and other YLM graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of YLM, Inc. in the U.S. and/or other countries. YLM's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

10. Access and Interference

 

 

YLM may contain robot exclusion headers which contain internal rules for software usage. Much of the information on YLM is updated on a real-time basis and is proprietary or is licensed to YLM by YLM's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access YLM for any purpose whatsoever, except to the extent expressly permitted by and in compliance with YLM's API Terms of Use or otherwise without YLM's prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in YLM's sole discretion, an unreasonable or disproportionately large load on YLM's infrastructure
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out by YLM from the Site except to the extent expressly permitted by and in compliance with YLM's Terms of Use or otherwise without the prior express written permission of YLM and the appropriate third party, as applicable
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  4. Bypass YLM's robot exclusion headers or other measures YLM may use to prevent or restrict access to YLM

11. Breach

 

 

Without limiting any other remedies, YLM may, without notice, and without refunding any fees, delay or immediately remove Content, warn YLM's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

YLM suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, or other policy documents and community guidelines incorporated herein; YLM is unable to verify or authenticate any of your personal information or Content; or YLM believes that a user is acting inconsistently with the letter or spirit of YLM's policies, has engaged in improper or fraudulent activity in connection with YLM or the actions may cause legal liability or financial loss to YLM's users or to YLM.

YLM reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on YLM. 

12. Privacy

 

 

Except as provided in YLM's Privacy Policy YLM will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. YLM stores and processes Content on computers located in Canada that are protected by physical as well as technological security.

13. No Warranty

 

 

YLM, YLM'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND YLM'S SUPPLIERS PROVIDE YLM'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YLM, YLM'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND YLM'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM YLM SHALL CREATE ANY WARRANTY

14. Liability Limit

 

 

IN NO EVENT SHALL YLM, AND (AS APPLICABLE) YLM'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR YLM'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, YLM'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YLM'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF YLM'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO YLM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

15. Indemnity

 

 

YOU AGREE TO INDEMNIFY AND HOLD YLM AND (AS APPLICABLE) YLM'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

16. No Guarantee

 

 

YLM does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside YLM's control.

17. Legal Compliance; Taxes

 

 

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any YLM service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on YLM's net income).

18. Severability

 

 

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

19. No Agency

 

 

You and YLM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20. YLM Service

 

 

YLM reserves the right to modify or terminate the YLM service for any reason, without notice, at any time. YLM reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If YLM makes a material change YLM will notify you here, by email, by means of a notice on our home page, or other places YLM deems appropriate. What constitutes a "material change" will be determined at YLM's sole discretion, in good faith, and using common sense and reasonable judgment.

21. Choice of Law

 

 

This Agreement shall in all respects be interpreted and construed with and by the laws of the Province of Ontario, excluding its conflicts of laws rules, and Canada.

22. Survival

 

 

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (YLM's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.

23. Notices

 

 

Except as explicitly stated otherwise, any notices shall be given by postal mail to YLM; 271 Brock Street, Peterborough, ON K9H 2P8 (in the case of YLM) or, in your case, to the email address you provide to YLM (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, YLM may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to YLM. In such case, notice shall be deemed given three days after the date of mailing.

24. Disclosures

 

 

The services hereunder are offered by Breken Group of Companies Incorporated, located at 271 Brock Street, Peterborough, ON K9H 2P8.

Effective Date: April 1, 2015