TERMS AND CONDITIONS
By accessing the website or by utilizing any of the services or features appearing on the Site you hereby accept and agree to be bound by the following terms and conditions:
1. Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
2. You further understand that if you choose to sell or lease your asset through this website, all your selected profile and asset information, including, but not limited to, company name, address, contact information (including telephone and fax numbers, e-mail and web addresses, etc.), but excluding login username and password and certain other information, are all available for public viewing. In addition, we actively promote and encourage the public to come to view those assets for sale or lease. Therefore, you should expect to be contacted by various parties including, but not limited to, parties looking for assets, dealers, real estate brokers, salespeople and vendors for various types of products and services, etc. By posting an asset for sale or lease on our site, you are giving your permission and agreeing to be contacted by us and anyone else who may publicly view your asset for sale or lease. You may delete your asset at any time by using your login information and following the online instructions. For further information or instructions on how to opt-out, please refer to our Privacy Policy.
3. We do not guarantee the accuracy of the assets for sale or lease or other information appearing on the Site, and such information is subject to errors, omissions, changes in price, prior sales, rentals, and withdrawals without notice. Furthermore, any listing appearing on the Site is for informational purposes only and does not constitute an offer to sell or lease.
4. We do not warrant or make any representations of any kind or nature with respect to the information contained in the Site, and you are solely responsible for compliance with any applicable real estate laws or other applicable state or federal regulations. It is your responsibility to independently verify any statement made within any listing and to consult with engineering, architectural or other professionals as may be appropriate to determine the condition and suitability of any particular asset for the purpose for which you intend to use it.
5. We do not warrant or make any representations of any kind or nature as to the following: (a) the character or credit worthiness of those who (i) browse and/or utilize the listings appearing on our Site; (ii) place listings on our Site; or (b) the suitability for any particular purpose, compliance with applicable zoning, environmental or any other laws, quality of space and/or services to be provided pursuant to listings appearing on our Site.
6. Neither our company nor its owners, or partners shall be responsible for content appearing on third party sites which are linked to the Site. Nor shall we have any responsibility for any incentives (regardless of form) that may be offered by anyone other than in connection with a particular listing. You agree to look solely to the third party offering such incentive to fulfil its agreement with you and you hereby hold us harmless and release us from any liability whatsoever in connection with any third-party incentive offer. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
7. Neither us nor our owners, or partners shall be responsible for any damage caused to your computer, or for viruses which may affect your computer as a result of accessing the Site or utilizing any of the services or features which appear therein.
8. As a condition of your use of the Site, you agree that you will not (a) restrict or attempt to restrict others from using the services or features appearing on the Site, in whole or in part, or (b) post or transmit any of the following to or through the Site: (i) pornographic, sexually explicit photographs or language, including expletives and other obscenities or otherwise unlawful material; (ii) information which violates the rights of others; (iii) information, software or other digital communication which contains a virus or other damaging or disruptive component.
9. This Agreement shall be governed by Quebec law. You agree that jurisdiction and venue of all matters relating to this Agreement will be vested exclusively in the federal, provincial and local courts within the province of this company, without regard to choice of law provisions.
10. We own all rights in and to the Site, including all of the information therein, or has obtained the proper licenses to use certain material. Except for the limited, personal, non-commercial, revocable right to view the copyrighted and trademarked content appearing on the Site, no expressed or implied license is otherwise granted to you in connection with use of the Site. Any unauthorized use of the Site or a copy thereof, in whole or in part, is prohibited. You are solely responsible for complying with all applicable Canadian, U.S., and international intellectual property laws in connection with the Site and its content.
11. Warranties
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system. By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
12. Disclaimer of Liability.
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
13. General
Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
Alteration
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Conflict.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Waiver.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Cession.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
Severability.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Canada without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the Supreme Court of Canada in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
14. This Agreement is effective until terminated by us, which termination may occur at any time without notice if we believe in our full discretion that you have violated any of the terms herein. Upon termination of this Agreement, you hereby agree to destroy immediately all information, including all copies, which have been obtained from the Site, and you acknowledge and agree that you will no longer be authorized to access the Site or any of the services or features therein upon such termination.
Last updated May 11, 2010.. |
