This is a legally binding
agreement between you and Click Capital Corporation (the “Company”). You must read
the terms and conditions of use set out below carefully before using this
website. By accessing, browsing,
subscribing to or otherwise using this website, you agree to comply with the
terms and conditions of this agreement (the “Agreement”), as amended from time to time by the Company in its
sole discretion. If you do not agree
with any of the terms and conditions set out in this Agreement, do not use this
website.
APPLICATION
This Agreement is applicable
to www.exploremyneighbourhood.com, setup.exploremyneighbourhood.com, www.exploremyneighborhood.com,
and setup.exploremyneigborhood.com (collectively, the “Sites”), and other online services provided by the Company in
conjunction with the Sites, including but not limited to creating and
displaying real estate property listings (collectively referred to, together
with the Sites, as the "Service").
PRIVACY
POLICY
The Company collects
personal information through the Sites.
Your personal information will only be used for the Company’s internal
purposes, for the purposes for which it was collected, and for purposes to
which you have given your consent. The
Company’s collection, use and disclosure of your personal information is
governed by its Privacy Policy which can be found at www.exploremyneighborhood.com/us/privacy.html
and www.exploremyneighbourhood.com/ca/privacy.html.
USER’S
CONDUCT
a.
You are solely responsible for the content of your
transmissions in relation to the Service.
b.
You acknowledge that your use of the Service is
subject to all applicable municipal, provincial, federal and/or international
laws and regulations.
c.
You hereby agree: (i) to comply with applicable laws
regarding the transmission of technical data exported from Canada through the
Service; (ii) not to use the Service for illegal purposes; (iii) not to
interfere or disrupt networks connected to the Service; (iv) to comply with all
regulations, policies and procedures of networks with respect to the Service;
and (v) not to use the Service for chain letters, junk mail, spamming or any
use of distribution lists to any person who has not given specific permission
to be included in such a process.
d.
You agree not to post and transmit through the
Service any unlawful, harassing, libellous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind or nature. You
further agree not to post or transmit any material that encourages conduct that
may constitute a criminal offence, give rise to civil liability or otherwise
violate any applicable municipal, provincial, federal and/or international law or
regulation. Attempts to gain unauthorized access to other computer systems used
in connection with the Service are prohibited.
e.
You agree not to upload or permit others to upload
any material that infringes the rights of others, or contains any virus or
other content that may affect the Service, the network or any third party’s
equipment or software.
f.
You agree not to violate the intellectual property
rights of the Company or any third party, including but not limited to
copyright, trade-mark, or other proprietary rights.
g.
You shall not interfere with any third party’s use
and/or enjoyment of the Service.
h.
You acknowledge that the Company may, at its sole
discretion, immediately terminate the Service in the event that your conduct
fails to conform with the terms and conditions set out in this Agreement.
i.
You shall not upload, or permit others to upload,
material to the Service if that material: (i) infringes or violates the rights
of others; (ii) is, or may be perceived by the Company or other likely
recipients as defamatory, deceptive, misleading, abusive, profane, offensive,
or inappropriate; (iii) contains any virus or other content that may damage the
Service, the network, or a third party’s equipment or software; or (iv)
violates any laws, rules, or regulations of any governmental or other
administrative organization having authority over the Service, the Company or
any third party.
j.
You must be of the age of majority in your province
or state of residence or older in order to use the Service.
ANY ATTEMPT TO DELIBERATELY
DAMAGE THE SITES OR ANY RELATED WEBSITE MAY BE A VIOLATION OF CRIMINAL AND/OR
CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO
SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT
NOT LIMITED TO CRIMINAL PROSECUTION.
ACCOUNT,
PASSWORD, AND SECURITY
Passwords on the Sites are
secured using encryption technology. The
servers hosting the Sites are protected by firewall hardware and software, and
are physically located in secured facilities.
You may be issued a user
name and password (collectively, your “Account”) in order to access
certain sections of the Sites and/or certain products and services available
through the Sites. You are responsible
for maintaining the confidentiality of your Account, and for all activities
that occur through the use of your Account.
You agree to: (a) immediately notify the Company of any unauthorized use
of your Account or any other breach of security; and (b) ensure that you exit
from your Account at the end of each session.
The Company will not be liable for any loss or damage arising from your
failure to comply with this section. You
may be issued a new password or required to change your password from time to
time in the Company’s sole discretion.
Submissions
You agree not to submit,
publish, transmit, display, disseminate or otherwise communicate any libellous,
defamatory, inaccurate, abusive, threatening, offensive or illegal material
while connected to or otherwise using the Service. Transmission of such material shall
constitute a material breach of this Agreement.
The Company does not and cannot review every submission posted by users
and is not responsible for, nor does it endorse, such submissions. You acknowledge that any submissions may be
edited, removed, modified, published, transmitted and displayed by the Company
or the administrators of the Service, in its and their sole discretion. You are solely responsible for the content of
your submissions.
By submitting content
through the Service, you grant the Company and its affiliates a royalty-free,
perpetual, irrevocable, transferable, non-exclusive right and licence to produce,
reproduce, publish, broadcast, communicate by telecommunication, exhibit,
distribute, adapt and otherwise use and re-use such content, in whole or in
part, throughout the universe in all media now known or hereafter devised. You represent and warrant that you have the
lawful right and authority to grant the licence granted herein. You also authorize any user of the Service to
access, display, and view such content for his/her personal use.
REAL
ESTATE AGENTS
In the event that you are a
real estate agent using the Service, you acknowledge and agree that:
·
You are solely responsible for the accuracy of the
data displayed in the property listing(s) entered by you or by homeowners authorized
by you to access the property listing(s).
·
You shall not share your Account information with third
parties or post property listings on behalf of third parties who do not have an
Account.
·
If you choose to invite a homeowner to use the site
to setup a property listing, you will first obtain their consent to collect and
use their e-mail address for the purpose of establishing an account with the
Service.
·
Your access to and use of the Service is subject to
payment of the fees and costs associated with the Service, as set out upon the creation
of your Account. Your Account may be
terminated for non-payment of fees and/or costs at the sole discretion of the
Company.
PROPERTY
MANAGERS
In the event that you are a
property manager using the Service, you acknowledge and agree that:
·
You are solely responsible for the accuracy of the
data displayed in the property listing(s) entered by you or by others authorized
by you to access the property listing(s).
·
You shall not share your Account information with third
parties or post property listings on behalf of third parties who do not have an
Account.
·
If you choose to invite others to use the site
to setup a property listing, you will first obtain their consent to collect and
use their e-mail address for the purpose of establishing an account with the
Service.
·
Your access to and use of the Service is subject to
payment of the fees and costs associated with the Service, as set out upon the creation
of your Account. Your Account may be
terminated for non-payment of fees and/or costs at the sole discretion of the
Company.
FACTS,
DATA AND INFORMATION
The facts, data
and information provided by the Service are believed to be reliable when posted
and are for informational purposes only. The Company cannot guarantee that such
material is accurate, complete, or current at all times. The facts, data and
information provided in relation to the Service is provided to you "as
is" without warranties of any kind, expressed or implied, and is not
intended to provide specific technical, financial, tax, legal, business,
accounting, or other advice for your individual circumstances. The Company is not responsible in any manner
for direct, indirect, special, or consequential damages however caused and/or
arising out of the use of the Service.
CONTENT
ALERT
The Company neither
endorses the contents of any third party communications or uploaded material, nor
assumes responsibility for any threatening, libellous, obscene, harassing or
offensive material contained therein, any infringement of third party
intellectual property rights arising therefrom or any crime facilitated
thereby. The Company reserves the right
to delete content which it deems objectionable, but makes no claim to ensure
that all objectionable or illegal content will be removed. You hereby consent
to such removal and waive any claim arising out of such file removal. In addition, you acknowledge and agree that
during the course of providing the Service, the Company may be required to
grant access to a third party and/or decrypt files in response to any lawful
subpoena or other form of legal compulsion.
You hereby consent to such legal production and waive any claim arising
out of such legal production.
NO RESALE OR COMMERCIAL USE
OF THE SERVICE
Your right to use the
Service is personal to you. You agree
not to resell the Service, without the express consent of the Company.
OWNERSHIP
OF PROTECTED MATERIAL
Except for public domain
material, all content and material on and/or forming part of this website from
time to time, including all text, information, links, icons, graphics, designs,
audio, video, animation, logos, slogans, trade-marks, service marks and trade
names, and the design and arrangement thereof, and all source code and software
(collectively referred to as the “Protected Material”), are protected by
copyright, trademark and other laws, and are owned or controlled by the Company
or its licensors, unless otherwise indicated.
All rights not expressly granted to you in this Agreement are reserved. The Protected
Material may only be used for personal, non-commercial purposes, and may
not be copied, produced, reproduced, published, broadcast, communicated by
telecommunication, exhibited, distributed, transmitted, retransmitted, adapted
or otherwise used or re-used, in whole or in part, without the express written
consent of its owner.
DISCLAIMER
OF WARRANTIES
THE SERVICE IS PROVIDED ON
AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE MAXIMUM
EXTENT PERMISSIBLE UNDER LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES
AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT OF PROPRIETARY RIGHTS,
AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR
COURSE OF PERFORMANCE. THE COMPANY DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR‑FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT
AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THE ACCURACY,
COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE,
SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR THE
INTERNET GENERALLY. IN NO EVENT WILL THE
COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN
BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE
SERVICE INCLUDING, WITHOUT LIMITATION, ANY INVESTMENT DECISIONS OR DECISIONS TO
ENGAGE THE SERVICES OF ANY PARTICULAR WEALTH MANAGEMENT OR INVESTMENT FUND
COMPANIES.
Without
limiting the generality of the foregoing, the Company shall have no
responsibility or liability to you in connection with third party websites
accessible by links posted on the SiteS (each, a “Linked Site” and collectively, the “Linked Sites”). Access to any Linked Site is at your own risk
and the Company is not responsible for the availability, accuracy or
reliability of the contents of any Linked Site or any link posted on a Linked
Site. The Company provides links to you
only as a convenience, and the inclusion of a link does not imply endorsement
of the Linked Site or any products, services, materials or statements contained
or referred to thereon by the Company.
LIMITATION
OF LIABILITY
You
agree that the Company and its subsidiaries, affiliates, directors, officers,
employees, representatives, licensors and licensees shall not be liable to you
for any damages of any kind arising from your use of thE siteS, THE SERVICE, or
any Linked Sites or your reliance on any Content. You agree that this limitation of liability
is comprehensive and applies to all damages of any kind, including but not
limited to direct, indirect, special, incidental, consequential or punitive
damages.
Indemnity
You agree to indemnify,
defend and hold harmless the Company and its subsidiaries, affiliates,
directors, officers, employees, representatives, licensors and licensees, from
any damages, losses, costs and expenses (including legal fees), incurred in
connection with any third party claim or demand alleging or based upon your
breach of this Agreement or your violation of any law or the rights of such
third party. The Company reserves the
right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you hereunder, and you shall
cooperate as fully as reasonably required by the Company.
MODIFICATIONS
TO THIS AGREEMENT
The Company reserves the
right, in its sole discretion, to change, modify or amend this Agreement at any
time. In the event of an amendment to this Agreement, the Company will notify
you by e-mail or by posting a notice on the login page to the Site. You will be required to confirm acceptance of
the Company’s change, modification or amendment to this Agreement, failing
which the Company may terminate your use of the Service in its sole discretion
without further notice. Your continued
use of the Service constitutes an affirmative: (1) acknowledgment by you of the
Company’s modifications; and (2) agreement by you to abide and be bound by the
Company’s modifications.
MODIFICATIONS
TO THE SERVICE
The Company reserves the
right, in its sole discretion, to modify, alter, update and/or discontinue the
Service or any portion thereof, at any time, for any reason, and without
notice. The Company shall not be liable to you or any third party should it
exercise its right to modify, alter, update and/or discontinue the Service.
NOTICE
The Company may broadcast
notices or messages through the Service to inform you of changes to the
Service, or other matters of importance.
Such broadcasts shall constitute notice to you.
GOVERNING
LAW
This Agreement and your use
of the Sites shall be governed and construed in accordance with the laws of the
province of Ontario and the federal laws of Canada applicable therein,
excluding the application of any rule or principal of conflict of law that
might otherwise refer construction, interpretation, or the resolution of any
dispute to the laws of another jurisdiction.
Any dispute arising under
this Agreement shall be resolved exclusively by the courts located in