|
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
(Version date: September 01, 2009)
Welcome to the user agreement (the “Agreement”) for TorontoApartmentFinder.ca. By accessing and using the services on TorontoApartmentFinder.ca (collectively, the "Site") you are expressly agreeing to the following terms with KeyCanada Real Estate Listings Inc (“KeyCanada”).
Before subscribing or registering as an TorontoApartmentFinder.ca member you must read and accept all of the terms and conditions in this Agreement and the Privacy Policy. KeyCanada reserves the right to change this agreement from time to time with out notice to you and strongly recommends that you review the Agreement periodically, and check the version date, to ensure that you are aware of any changes.
Copyright and Licence
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2009 KeyCanada and/or its licencors. You are granted a limited, non-sub-licencable right to access this Site and print the Materials for your personal, non-commercial, and informational use only. KeyCanada reserves the right, without notice and in our sole discretion, to terminate your licence to use the Site, and to block or prevent future access to and use of the Site. In particular, without limiting the preceding sentence, KeyCanada may terminate your licence to access the Site immediately and without notice if:
a) You breach the terms of use;
b) You share or distribute your username and/or password to a third party.
The foregoing licence grant does NOT include the right for you to: publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media; market, sell or make commercial use of the Site or any Materials; systematically collect and use any data or content from the Site including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; make derivative uses of the Site or the Materials; or use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).
Except for the limited licence granted to you, you are not conveyed any other right or licence by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of KeyCanada or any third party. Any unauthorized use of this Site will terminate the permission or licence granted by this Agreement and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes.
Services not Provided
You represent and warrant that:
a) KeyCanada will not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals.
b) KeyCanada does not guarantee the accuracy of any information available on this website, and is not responsible for any errors, omissions, or misrepresentations, and all information obtained on this website must be verified independently.
c) KeyCanada does not guarantee the availability or price of any listing. All information must be verified independently.
d) KeyCanada will not undertake in any, and has no, fiduciary duties to either renters or lessors, including, without limitation, the obligation to inspect rental properties or to verify the veracity of information contained in a preview of your property or offers.
Privacy
KeyCanada will treat your use of this Site in accordance with its Privacy Policy .
Links to other sites
This Site contains links to third party websites. These websites are provided solely as a convenience to you and KeyCanada does not control, endorse or make any representations or warranties with respect to the contents of any linked website. You expressly acknowledge that KeyCanada is not liable or responsible for such content and that by accessing a linked website you do so at your sole risk.
Third Party Content
Content posted on the Site by other users, may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and links to other web sites. We do not have control over Content provided by third parties, and assume no responsibility or liability for it. Content you access or transmit using the Site is accessed and transmitted at your own risk. Third Party Web sites. Web sites accessed via links or other means from the Site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any Content or links on the Site should not be construed as an express nor an implied endorsement of any third party products or services by KeyCanada. We are not responsible for the Content or opinions expressed on any linked web sites, and such web sites are in no way investigated, monitored or checked by us.
No Warranties
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, UNLESS SPECIFICALLY REQUIRED BY APPLICABLE LAW. IN PARTICULAR, WE DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USUAGE OF TRADE.
Limitation of Liability
IN NO EVENT WILL KEYCANADA, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE, THE SITE, OR OUR SERVICES (HOWEVER ARISING, INCLUDING NEGLIEGENCE).
User Warranties and Representations
You represent and warrant that:
a) You have the full right and power to enter into and comply with this Agreement, and have secured all third party consent necessary to enter into this Agreement.
b) All factual assertions that you have made and will make to KeyCanada are true and complete.
c) You are of the age of majority, have the right to enter into legally binding agreements, and have the full and complete right to agree to the Agreement.
General
This Agreement shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. If any provision of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the provisions shall continue in effect. The section titles in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. KeyCanada may assign this Agreement, in whole or in part, at any time with or without notice to you. KeyCanada's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement constitutes the entire agreement between you and KeyCanada with respect to the use of this Site and services. KeyCanada may at any time, without notice to you, modify, add or remove this Agreement or any portion thereof and your continued use of the Site following such changes will constitute your express acceptance and agreement to such changes.
|