Terms & Conditions Of Use
Thank you for visiting Condopedia (the "Web Site"). Please read these Terms and Conditions of Use (the "Agreement") carefully before using the Web Site. By using the Web Site, you agree to comply with the Agreement. If you do not agree to comply with the Agreement, you may not use the Web Site. Condopedia Systems Corp. (“Condopedia”) and its affiliates (collectively, “we”, “us”) reserve the right, at our sole discretion, to modify the Agreement at any time, and such modifications shall be effective immediately upon posting of the modified version on the Web Site. You agree to review the Agreement periodically to be aware of such modifications, and your continued use of the Web Site shall be deemed your conclusive acceptance of the modified Agreement.
1. NATURE OF WEBSITE
The Web Site and the services offered herein are provided solely as an online search engine to present information to the public.
Condopedia does not provide any real estate, brokerage, appraisal or other real estate- or real property-related services and does not promote itself as being registered, licensed or otherwise authorized to perform any such services. Condopedia does not provide any advice regarding real property, real estate, real estate transactions, brokerages, appraisals or any other real estate- or real property-related matters. Condopedia does not endorse, recommend or approve of any real estate agent, broker, brokerage or other real estate- or real property-related service provider who offers services in connection with the information provided on or through the Web Site. You are obligated to use your own judgment regarding the merits of any individual, entity or information that you find on or through the Web Site. Condopedia cannot and does not represent or warrant that any real estate agent, broker, brokerage or other real estate- or real property-related service provider who offers services in connection with the information provided on or through the web site is registered, licensed, qualified, or otherwise authorized or capable of performing any such service. Condopedia does not make any representations, warranties or assurances as to the timeliness, completeness or accuracy of information provided by any real estate agent, broker, brokerage, appraiser or other real estate- or real-property-related service provider on or through the web site, including without limitation any real property evaluation or other related services. Under no circumstances, including but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breech shall Condopedia or its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from your use of, or you inability to use, any content, information, material, or postings on the site, directly or indirectly.
2. PROPRIETARY NATURE OF WEB SITE AND CONTENT
The Web Site and all text, information, images, audio, video and other material (“Content”) posted on or through the Web Site, are protected by copyright, trade-mark, and other intellectual property and proprietary rights laws, and are owned and/or controlled by Condopedia and/or its affiliates, licensors and related companies. All Content posted on or through this Web Site, remains the valuable intellectual property of its owner(s), and is made available on or through the Web Site solely for your own personal, non-commercial, lawful use. You agree to abide by all copyright notices, information and restrictions contained in or displayed with any Content.
3. LEGAL CAPACITY
You affirm that you have attained the age of majority in the jurisdiction in which you are resident, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You may not use the Web Site if you live in a jurisdiction where access to or use of the Web Site or any part of it may be illegal. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws. In cases where you have authorized a minor to use the Web Site, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Web Site; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Web Site may contain material that is inappropriate for minors.
4. NO RIGHTS GRANTED IN INTELLECTUAL PROPERTY OR CONTENT
Nothing contained on the Web Site should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any copyrighted material, trademarks, logos, or other names, or other intellectual property used on or in connection with the Web Site, including, but not limited to, those identifying Condopedia and/or its affiliates, licensors and related companies, or their respective products and services displayed on the Web Site, without the expressed written consent of the applicable rights holder. You do not acquire any ownership rights of any Content, nor are you granted any commercial, sale, resale, reproduction, licensing or sub-licensing, distribution, publishing, broadcast, transmission, performance or promotional use rights with respect to the Content.
5. YOUR LIMITED RIGHTS WITH RESPECT TO CONTENT
You may only copy and store Content on your own computer for your personal, non-commercial home use, and you may not copy, share, modify, translate, license or sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any Content to another recipient or otherwise use the Content for any other purpose. You are hereby advised that Condopedia, its affiliates and licensors will aggressively enforce their intellectual property rights to the fullest extent permitted by law.
6. PROHIBITED USE OF THE SITE AND CONTENT
Your use of the Web Site and Content must comply with this Agreement, all applicable laws and all applicable Condopedia policies. Without limitation, you may not use the Web Site to directly or indirectly: a. invade another person's privacy or collect, disclose or store personal information about other persons (including telephone numbers, street addresses, email addresses, last names, etc.); b. "stalk" or otherwise harass another person; c. harm minors; d. unlawfully promote or incite hatred; or e. impersonate any person or entity, including, but not limited to a Condopedia representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.
7. THIRD PARTY CONTENT
7.1 Third Party Content. You acknowledge that, despite the prohibitions, Content posted on the Site by other end 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 Web Site is accessed and transmitted at your own risk. 7.2 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 Web Site should not be construed as an express nor an implied endorsement of any third party products or services by us. 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.
You may be issued a unique user name and password to access portions of the Web Site. You are solely responsible for protecting your user name and password. We are not liable for any claims, losses, actions, damages, suits or proceedings relating to the sharing of your user name and password with others. You agree to notify Condopedia immediately after you become aware of any unauthorized use of your user name and password, and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.
9. DISCLAIMER OF WARRANTIES
THE WEB SITE, AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" BASIS. CONDOPEDIA, ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE WEB SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE. NEITHER CONDOPEDIA NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, OR POSTING FOUND ON THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR FINANCIAL INFORMATION), ANY SERVICES PROVIDED THROUGH THE WEB SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE SITE. NEITHER CONDOPEDIA NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE OR ACCESS TO AND USE OF THE WEB SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL CONDOPEDIA OR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THE WEB SITE, DIRECTLY OR INDIRECTLY. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER CONDOPDIA NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Condopedia, its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of this Agreement; or (b) your use of the Web Site, the Content , your contributions and the placement or transmission of any Content or any of your contributions on the Web Site made by you or others using your user name and password. Condopedia reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Condopedia or its affiliates, licensors or related companies. You will co-operate as fully as reasonably required in the defense of any claim.
13. REMEDIES & RECOURSE
13.1 If you are dissatisfied with the Web Site or with this Agreement, your sole and exclusive remedy is to discontinue using the Web Site.
13.2 Condopedia reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular IP address to the Web Site or any part thereof.
To contact Condopedia in connection with this Agreement or the Web Site, send an e-mail to email@example.com
15. OTHER IMPORTANT TERMS
15.1 Any disputes arising hereunder shall be governed exclusively by the laws of the province of British Columbia and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of British Columbia and/or the Federal Court of Canada in British Columbia, or any other judicial district or jurisdiction as Condopedia may determine in any and all actions, disputes, or controversies relating hereto. This Agreement and any rules, policies, guidelines or other agreements posted on the Web Site by Condopedia constitute the entire agreement between Condopedia and you with respect to your use of the Site. No waiver by either Condopedia or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.