Terms of Service
This website is operated by TorontoCREAdvisors, on behalf of ourselves, our group companies, international partnerships and affiliated organizations (“TCREA”, “we”, “our” or “us”).
Acceptance of Terms
Information About You and Your Visits to the Website
Modification of Website
We may modify or update the content on this Website from time to time, but its content may not be complete or up-to-date at any given time.
Accuracy and Reliance on Website Information
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy or completeness of this information, and disclaim all liability and responsibility arising from any reliance on such information.
This Website may include content provided by third parties. All statements and opinions of such third parties are solely the responsibility of the person providing those materials and do not necessarily reflect the opinion of TCREA.
The Website may contain or provide links to message boards, personal web pages or profiles, discussion forums, bulletin boards and other interactive features (“Interactive Services”) that allow users to post content or materials (“User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards as set out below in these Terms of Service.
Any User Contribution you post to the Website must be non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant TCREA and our service providers and respective licensees, successors and assigns a royalty-free, unrestricted, worldwide, perpetual, non-exclusive and fully transferable, assignable and sub-licensable right to use, reproduce, modify, display, distribute and otherwise disclose to third parties any such material.
You, and not TCREA, are responsible for any User Contributions you post on the Website.
Monitoring and Enforcement
We reserve the right to (a) remove or refuse to post any User Contributions for any reason; (b) take any action with respect to any User Contribution that we deem necessary or appropriate, including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right or other right of any person or entity or could create liability for TCREA; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website; and (e) terminate or suspend your access to all or part of the Website for any reason, including any violation of these Terms of Service.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted.
These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must comply with all applicable laws and regulations and must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) promote any illegal activity; (e) misrepresent your identity or affiliation; (f) involve commercial activities, such as contests, sweepstakes and other sales promotions (this term is very broad so not sure what the intention is with this language.) or advertising; or (g) give the impression that they are posted or endorsed by TCREA or any other person or entity, if this is not the case.
Your Ability to Download Content from the Website
You may download content for non-commercial, personal use only, provided that copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and are not responsible for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TCREA NOR ANY PERSON ASSOCIATED WITH TCREA MAKES ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TCREA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THESE DISCLAIMERS DO NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL TCREA OR ANY PERSONS ASSOCIATED WITH TCREA BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA.
THESE LIMITATIONS DO NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless TCREA and its affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other legal costs) arising out of or in connection with your violation of these Terms of Service or your use of any information obtained from the Website.
Waiver and Severability
No waiver by TCREA of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TCREA to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible such that the remaining provisions of the Terms of Service will continue in full force and effect.
This Website features logos, brand identities and other trademarks and service marks (collectively, the “Marks”) that are the property of or are licensed to TCREA. You must not use the Marks without the prior written permission of TCREA. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Unless otherwise noted, the graphic images, buttons and text contained in this Website are the exclusive property of TCREA.
Cautionary Language Regarding Forward-Looking Statements
This Website may contain “forward-looking statements” as defined under U.S. federal securities laws. These statements may relate to analyses and other information based on forecasts of future results and estimates of amounts not yet determinable. These statements may also relate to our future prospects, developments and business strategies. These forward-looking statements are made based on our expectations and beliefs concerning future events affecting us and are subject to uncertainties and factors relating to our operations and business environment, all of which are difficult to predict and many of which are beyond our control. These uncertainties and factors could cause our actual results to differ materially from those matters expressed in or implied by these forward-looking statements. Forward-looking statements speak only as of the date the statements are made. TCREA assumes no obligation to update forward-looking statements to reflect actual results, changes in assumptions or changes in other factors affecting forward-looking information, except to the extent required by applicable securities laws.
TCREA oversees and maintains this Website from Toronto, Ontario, Canada. Any dispute or claim relating to the Website and these Terms of Service shall be governed by the laws of the Province of Ontario without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of Canada or the courts of the Province of Ontario in each case located in the City of Toronto. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.