Last updated on August 24, 2009.

Welcome to the 100 Mile Finds website (collectively, "100milefinds.com" or the "Website"). The Website is owned and operated by 100 Mile Finds Inc. (“100 Mile Finds" or "We"). By using the Website and the services offered through it, you (“You” or the “User”) signify that You have read, understand and agree to be bound by these terms of use (these "Terms of Use" or this "Agreement"), whether or not You are a registered member of the Website, including those available by hyperlink. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, YOU MAY NOT USE THE 100 MILE FINDS WEBSITE OR ANY OF THE SERVICES OFFERED THROUGH IT.

100 Mile Finds reserves the right to add, delete and/or modify any of the terms and conditions contained in these Terms of Use, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to these Terms of Service, you may be notified by email. If any modification is unacceptable to You, your only recourse is to not use the Website. Your continued use of the Website following posting of a change notice or new Terms of Use on the Website will constitute binding acceptance of the changes.

Privacy

You should carefully read our full Privacy Policy before accessing the website.

Registered Users

Certain portions, components, content and features of the Website are only available to individuals who register with 100 Mile Finds and create a user account on the Website (a "Registered User"). If you are a Registered User then You agree to the following:

You represent and warrant that you (a) are not under the age of 18; (b) are not a person barred from receiving services under the laws of the Province of Ontario and the federal laws of Canada or other applicable jurisdiction; (c) have not previously been suspended or removed from 100milefinds.com; (d) are not a direct competitor of 100 Mile Finds; (d) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Website. If you provide any information that is untrue, inaccurate, not current or incomplete, 100 Mile Finds has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

You must keep your account information up-to-date and accurate at all times, including a valid email address and telephone number. It is in 100 Mile Finds sole discretion, to cancel inactive accounts.

You are solely responsible for your interactions with other users of the Website.

Registered Users will receive a password and account designation upon completing the Website registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify 100 Mile Finds of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from your account at the end of each session.

We may send email communications related to your registration/membership in order to keep you updated about important changes to these Terms of Use or our Privacy Policy, etc.

We may send email communications related to our marketing initiatives to advise you of goods and services offered by 100 Mile Finds or its affiliates. You will always have the option to op-out of marketing communications.

Website Services

100 Mile Finds offers the Vendor Service (“Vendor Service”) as part of the Website. Users who would like to list items or promote services through 100milefinds.com must enter into the Vendor Agreement. 100 Mile Finds may offer a number of other services on its Website, including without limitation, forums, contests, and newsletters, which may change from time to time. 100 Mile Finds reserves the right to change or remove any service, for any reason, at any time.

Third-Party Services

100 Mile Finds may use third parties to provide certain services accessible through the Website. 100 Mile Finds does not control those third parties or their services, and you agree that 100 Mile Finds will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this Terms of Service when you use those services. If any such terms or policies conflict with 100 Mile Finds Terms of Service, agreements or policies, you must comply with 100 Mile Finds Terms of Service, agreements or policies, as applicable.

Transactions

100 Mile Finds is not involved in the transactions between buyers and vendors. As a result, 100 Mile Finds has no control over the quality, safety, morality or legality of any aspect of the items listed.

You agree that 100 Mile Finds 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 100 Mile Finds. You use 100milefinds.com and it's services at your own risk.

Information Control

By using 100milefinds.com, You agree to the following risks:

100 Mile Finds does not control the Content provided by users that is made available on 100milefinds.com. 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.

100 Mile Finds (and 100 Mile Finds’ officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on 100 Mile Finds.

100 Mile Finds is not responsible for the availability of outside websites or resources linked to or referenced on the Website. 100 Mile Finds 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 100 Mile Finds 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.

100 Mile Finds does not supervise or control interactions between vendors and/or buyers, vendor initiated online or offline gatherings, or the interactions among and between vendors and other persons or companies. You are solely responsible for interactions with others. You understand that 100 Mile Finds does not in any way screen its vendors. All vendors agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Forums

100 Mile Finds may include various forums where you can post your observations and comments on designated topics. 100 Mile Finds cannot guarantee that other vendors will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. 100 MILE FINDS AND THE 100 MILE FINDS AFFILIATES ARE NOT RESPONSIBLE FOR A VENDOR'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS.

Groups or User Fees

Some user-generated groups on 100 Mile Finds may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. 100 Mile Finds IS NOT INVOLED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO 100 MILE FINDS; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY 100 MILE FINDS, AND 100 MILE FINDS HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT 100 MILE FINDS IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, 100 MILE FINDS USERS AND/OR THIRD PARTIES (together a “Third Party Transaction”), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.

Resolution of Disputes and Release

100 Mile Finds, for the benefit of users, may try to help users resolve disputes with vendors. 100 Mile Finds does so in 100 Mile Finds’ sole discretion, and 100 Mile Finds has no obligation to resolve disputes. To the extent that 100 Mile Finds attempts to resolve a dispute, 100 Mile Finds will do so in good faith based solely on 100 Mile Finds’ policies. 100 Mile Finds will not make judgments regarding legal issues or claims.

100 Mile Finds’ Intellectual Property

100 Mile Finds, and other 100 Mile Finds graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of 100 Mile Finds Inc. in Canada. and/or other countries. 100 Mile Finds 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.

Access and Interference and Copyright and Intellectual Property Policy

100 Mile Finds may contain robot exclusion headers which contain internal rules for software usage. Much of the information on 100 Mile Finds is updated on a real-time basis and is proprietary or is licensed to 100 Mile Finds by 100 Mile Finds’ users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access 100 Mile Finds for any purpose without 100 Mile Finds’ prior express written permission. Additionally, you agree that you will not:

Take any action that imposes, or may impose, in 100 Mile Finds sole discretion, an unreasonable or disproportionately large load on 100 Mile Finds infrastructure, copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content, or other allowed uses from the Website without the prior expressed written permission of 100 Mile Finds and the appropriate third party, as applicable, interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Site, bypass 100 Mile Finds’ robot exclusion headers or other measures 100 Mile Finds may use to prevent or restrict access to 100 Mile Finds.

100 Mile Finds will respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing copyright activity; and (2) removing and discontinuing service to repeat offenders. If 100 Mile Finds removes or disables access in response to such a notice, 100 Mile Finds will make a good-faith attempt to contact the user so that they may make a counter notification.

Breach

Without limiting any other remedies, 100 Mile Finds may, without notice, and without refunding any fees, delay or immediately remove Content, warn 100 Mile Finds community of a vendor’s actions, issue a warning to a vendor, temporarily suspend a vendor, temporarily or indefinitely suspend a vendor’s account privileges, terminate a vendor’s account, prohibit access to the Website, and take technical and legal steps to keep a user off the website and refuse to provide services to a user if any of the following apply:

100 Mile Finds suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a vendor has breached this Agreement, or other policy documents and community guidelines incorporated herein; 100 Mile Finds is unable to verify or authenticate any of your personal information or Content; Or 100 Mile Finds believes that a vendor is acting inconsistently with the letter or spirit of 100 Mile Finds’ policies, has engaged in improper or fraudulent activity in connection with 100 Mile Finds or the actions may cause legal liability or financial loss to 100 Mile Finds’ users or to 100 Mile Finds.

No Warranty

100 MILE FINDS, 100 MILE FINDS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND 100 MILE FINDS’ SUPPLIERS PROVIDE 100 MILE FINDS’ WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. 100 MILE FINDS, 100 MILE FINDS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND 100 MILE FINDS’ 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 100 MILE FINDS SHALL CREATE ANY WARRANTY

Liabiity Limit

IN NO EVENT SHALL 100 MILE FINDS, AND (AS APPLICABLE) 100 MILE FINDS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR 100 MILE FINDS’ 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, 100 MILE FINDS’ SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

100 MILE FINDS’ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF 100 MILE FINDS’ 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 100 MILE FINDS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD 100 MILE FINDS AND (AS APPLICABLE) 100 MILE FINDS’ 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.

No Guaranty

100 Mile Finds does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside 100 Mile Finds’ control.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of 100 Mile Finds’ service and your listing, purchase, solicitation of offers to purchase, and sale of items.

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.

No Agency

You and 100 Mile Finds are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Termination

100 Mile Finds reserves the right to modify or terminate the 100milefinds.com for any reason, without notice, at any time. 100 Mile Finds reserves the right to alter this Agreement or other Site policies at any time. If the alterations constitute a material change to this Agreement, 100 Mile Finds will notify you via email to the email address in your account. What constitutes a "material change" will be determined at 100 Mile Finds’ sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the province of Ontario and disputes arising under this Agreement will be adjudicated by the courts of the province of Ontario.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to 100 Mile Finds Attn: Legal Department; 7 Idyllwood Crescent, Toronto, Ontario M6P 3G7 (in the case of 100 Mile Finds) or, in your case, to the email address you provide to 100 Mile Finds (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, 100 Mile Finds may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to 100 Mile Finds. In such case, notice shall be deemed given three days after the date of mailing.

Disclosures

The services hereunder are offered by 100 Mile Finds Inc., located at 7 Idyllwood Crescent, Toronto, Ontario M6P 3G7.

Magic and Mud Design

I am fascinated with texture and colour. Each peice of jewellery that I create comes from a desire to capture a memory or a feeling through colour and material combination. Magic and Mud Design is devoted to creating lovingly-handcrafted jewellery peices that are as individualistic as you are.