AGREEMENT BETWEEN USER AND THE TOWNLINE GROUP OF COMPANIES
PURPOSE OF PLATFORM
The Platform is not intended to be used by, and is not marketed or directed towards, children or any person under the legal age in the jurisdiction such person resides in to form a binding contract with the Townline Group of Companies. The Platform is for use only by persons located in Canada. The Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
NO OFFER TO SELL OR LEASE
No information or material on the Platform, including any Services, is to be considered to be an offer to sell or lease a property.
All content and data made available by us through the Platform, including any Third Party Content, (collectively, the “Townline Content”) is owned solely and exclusively by us and/or third parties. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Townline Content; (b) market, sell, re-sell, or make commercial use of the Platform or any Townline Content; (c) systematically collect from the Platform and use any Townline Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Platform or the Townline Content.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
SUSPENSION AND TERMINATION OF ACCESS
PERSONAL INFORMATION & COOKIES
YOU UNDERSTAND AND AGREE THAT THE PLATFORM, THE SERVICES, ANY TOWNLINE CONTENT AND OTHER INFORMATION, DATA, AND MATERIALS AVAILABLE ON THE PLATFORM OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER THE APPLICABLE LAWS, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPLICIT OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY SERVICES OR TOWNLINE CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY TOWNLINE CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY. BY USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON ANY INFORMATION OR MATERIAL PRESENTED ON THE PLATFORM OR MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE TOWNLINE CONTENT, TO MAKE ANY INVESTMENT, LEASE OR PURCHASE DECISION. WE SPECIFICALLY MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM OR ANY OF THE SERVICES (INCLUDING THE PROVISION OF ANY TOWNLINE CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER (OR OTHER DEVICE YOU ACCESS THE PLATFORM THROUGH), OR COMPLETE, OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT ANY ERRORS CAN OR WILL BE CORRECTED, OR THAT ANY SERVICES, TOWNLINE CONTENT, DATA, OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE PLATFORM AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR THE SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE PLATFORM. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTY OR REPRESENTATION AS TO, THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE PLATFORM.
IF YOU ARE DISSATISFIED WITH THE PLATFORM, THE SERVICES, OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES, OR POLICIES OF THE TOWNLINE GROUP OF COMPANIES IN OPERATING THE PLATFORM AND IN PROVIDING THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE PLATFORM AND SERVICES.
THE EXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WHATSOEVER SHALL ANY MEMBER, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, AND THIRD-PARTY CONTRACTORS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE “TOWNLINE PARTIES”) BE LIABLE FOR ANY LOSSES, COSTS, OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY ACTUAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES) THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR INABILITY TO USE) THE PLATFORM OR THE (LACK OF) PROVISION OF THE SERVICES (INCLUDING WITHOUT LIMITATION IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE PLATFORM OR THE USE OF, OR RELIANCE ON, ANY TOWNLINE CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE PLATFORM OR SERVICES, OR THE LOSS OF, OR DAMAGE TO, FILES OR DATA, OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA, OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES, OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT, OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY A MEMBER OR THE COMPANY PARTIES, OR THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE TOWNLINE PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE PLATFORM, SERVICES, AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.
NO MEMBER SHALL BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE THE FAILURE RESULTS FROM ANY CAUSE BEYOND THAT MEMBER’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.
THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
The information on the Townline web site, including without limitation all design, text, images, photographs, press releases, and other information, are protected under Canadian and other copyright laws and are owned by the Townline Group of Companies and/or used under license from the copyright owner. All product, brand, and company names and logos and trade-marks displayed on the Platform, or used in connection with the Services, are the trademarks of the Townline Group of Companies (or their respective suppliers, partner businesses, or third party licensors). Any use of any of the marks appearing on the Platform or in connection with the Services without the express written consent of the Townline Group of Companies or the owner of the mark, as appropriate, is strictly prohibited.
The owner of the Platform is based in the Province of British Columbia in Canada. We provide this Platform for use only by persons located in Canada. This Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
GOVERNING LAW AND FORUM
If any one or more of the provisions contained in this agreement should be invalid, illegal or unenforceable in any respect in any jurisdiction, the validity, legality and enforceability of such provision or provisions will not in any way be affected or impaired thereby in any other jurisdiction and the validity, legality and enforceability of the remaining provisions contained herein will not in any way be affected or impaired thereby, unless in either case as a result of such determination this agreement would fail in its essential purpose.