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AGREEMENT BETWEEN USER AND THE TOWNLINE GROUP OF COMPANIES

These terms and conditions (the “Terms of Use”) comprise a legal agreement between Townline Homes Inc. and its affiliates (each a “Member” and collectively, the “Townline Group of Companies” , “we”, “us”, or “our”) and the person accessing this website (“you”). These Terms of Use govern the legal binding terms and conditions for our platform, including but not limited to: all websites owned and operated by us, all subdomains provided through such websites or other material made available by us, and all downloadable features, functionality, content, or information that is made available or provided by us (collectively, the “Platform”). The Platform is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Platform constitutes your agreement to all such terms, conditions and notices. If you do not agree with any part of these Terms of Use, you may not access or use the Platform and must exit the Platform.

PURPOSE OF PLATFORM

The information contained on the Platform is provided for your private use and without responsibility on the part of the Townline Group of Companies. From time to time, the Platform may provide certain services (each a “Service”), which may be subject to the acceptance of the terms and conditions of use specific to that Service (“Service Terms”) and all other operating rules, policies, and procedures that may be published on the Platform by us from time to time and which will be made known to you prior to your use of any such Services. In the event of any inconsistency between these Terms of Use and any applicable Service Terms, these Terms of Use shall prevail, but only to the extent of such inconsistency. We reserve the right to change the Platform, or to change, eliminate, or interrupt any of the Services without prior notice and for any reasons whatsoever.

MODIFICATION OF THESE TERMS OF USE

The Townline Group of Companies reserves the right to change the terms, conditions and notices under which the Platform is offered. You are responsible for regularly reviewing these terms and conditions. If you continue to use the Platform, you are deemed to have read and are indicating your acceptance of, and you agree to be bound by, the modified or replaced Terms of Use.

CHILDREN

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.

CONTENT

The Platform may include images, text, works, audio files, sounds, and other content and data that are owned by third parties (the “Third Party Content”). You agree that these Terms of Use apply to your access to, and use of, any Third Party Content. You further agree to comply with any terms and conditions that are specific to the Third Party Content, including the terms and conditions specified under these Terms of Use. We are not responsible, and assume no liability, for any Third Party Content.

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.

If you make any information, data, or content available to us on or through the Platform, including by contacting us, or providing comments or ideas on or about our Services or the Platform (the “User Content”), you are deemed to grant us a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy, reproduce, modify, adapt, edit, translate, publish, perform, and display any such User Content that you make available on, through, or in connection with the Platform without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Platform, or that is made available using your Platform account. If you make User Content available, you represent that you have the right to do so. You agree that we may proofread, summarize, or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited User Content is accurate and consistent with your representations and warranties in the Terms of Use.

We reserve the right, at any time and without prior notice, to remove or disable access to the User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of the Terms of Use, or otherwise harmful to the Platform or users, or for any other reason.

USE RESTRICTIONS

You agree that when using the Platform you will not: (a) post or transmit any files which contain viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties; (b) post or transmit data or content which violates or infringes any third party rights, is false, misleading or inaccurate, or is injurious to a third party or defames, libels, or disparages any third party; (c) except as expressly permitted by these Terms of Use, provide, disclose, sublicense, distribute, transfer, assign, or otherwise permit any third party to access, use, read, or otherwise gain access to the Platform; (d) to the maximum extent permitted by applicable law, interfere with or circumvent any copyright or other technical protection mechanism or reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the Platform or any software or technology or content forming part thereof; (e) post or transmit data which constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; (f) post or transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law; (g) use the Platform or Services to harvest addresses, send spam or otherwise breach these Terms of Use or our privacy statement (the “Privacy Statement”); (h) use any spider, robot, or other automated or electronic agent to monitor or copy web pages or any content from the Platform or for any other purpose in connection with your access to and use of the Platform; (i) take any action, or use any program or device, that may result in, or is intended to interfere with, the operation and functioning of the Platform or to shut down, overload, or overwhelm the Platform; (j) copy, republish, or redistribute any part of the Platform, including by caching, framing, or similar means, without the prior written consent of the Townline Group of Companies; or (k) take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Platform, including content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered as a criminal offence, or conduct that would give rise to civil liability or violate any law.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

We hereby grant you a limited, non-exclusive, personal, non-transferable, non-sub-licensable, and revocable right and license to: (a) access the Platform; and (b) access, view, and print any information and documentation made available on the Platform, for your personal, non-commercial, and informational use only to assist you in the access and use of the Platform and the information contained therein. Unless otherwise specified, the Platform is for your personal, non-commercial and informational use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Platform. Except for the limited licenses and rights expressly granted to you in the Terms of Use, these Terms of Use do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of the Townline Group of Companies or any third party. We may terminate this license at any time for any reason whatsoever.

SUSPENSION AND TERMINATION OF ACCESS

We may suspend or terminate your access to the Platform immediately without prior notice and without further obligation or liability to you if, in our sole discretion, we determine that you have breached these Terms of Use. We may also suspend your access to the Platform or terminate these Terms of Use at any time without written notice to you for any reason whatsoever. If the Terms of Use are terminated for any reason, you are still bound by the Terms of Use as set out herein. Except if you reside in Québec, we have no liability of any kind or any nature whatsoever to you solely by reason of any change, modification, suspension, or discontinuance of the Platform or any or all of the Services in accordance with its terms. Except if you reside in Québec, you agree that you shall not make any claim against us, including with respect to any lost revenue, profits, or opportunities as a result of such change, modification, suspension, or discontinuance, or on account of any expenditures made or actions taken in reliance on the expected continuation of the Platform, the Services or these Terms of Use.

PERSONAL INFORMATION & COOKIES

We collect your personal information that you provide to us through the Platform (the “Registration Data”), including Personal Information. In these Terms of Use, “Personal Information” means any information about an identifiable individual, such as your name, e-mail address, mailing addresses, gender, date of birth, any data about you that you elect to provide electronically through the Platform, and any other information that identifies who you are. Registration Data and Personal Information will be used by us solely in accordance with these Terms of Use and our Privacy Statement.

We also use cookies and other tools to collect information, which may include Personal Information, about how you use the Platform. You agree that we have the right to monitor and review your use of the Platform and Services from time to time, and to use “cookies”, in accordance with the Privacy Statement.

You agree that your use of the Platform and the Services is subject to the terms of our Privacy Statement, which is hereby incorporated by reference into, and forms an integral part of, the Terms of Use. By agreeing to the Terms of Use or by using the Platform, you expressly consent to the collection, storage, use and disclosure of your information, including your Personal Information, according to the Privacy Statement.

You represent and warrant to us that you are at least the age of majority in your jurisdiction to enter a legally binding contract with us and that you have the full, unrestricted right and authority and have been fully authorized to provide to us any and all Registration Data (including any Personal Information) for the purposes of these Terms of Use and that we are authorized and permitted to use such data as and to the extent provided in these Terms of Use.

LINKS

We provided links on the Platform to other platforms or resources, including those operated by parties other than the Townline Group of Companies. These links are provided for your convenience and we are not responsible for the availability of such platforms or resources, do not endorse or accept responsibility for the content of such external platforms or resources, and have no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external platforms or resources. Your access and viewing of any third party platforms or resources is conducted at your own risk. You are strongly advised to check the terms of use and the privacy policies of these external platforms or resources before making use of them. You acknowledge that we may remove any link to an external platform or to resources at any time for any reason whatsoever.

WARRANTY

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 TERMS AND CONDITIONS OF THESE TERMS OF USE THAT LIMIT LIABILITY REFLECT AN INFORMED VOLUNTARY ALLOCATION OF RISK; SUCH ALLOCATION REPRESENTS A MATERIAL PART OF THESE TERMS OF USE. YOU AGREE THAT THE LIMITATIONS OF LIABILITIES SET OUT IN THESE TERMS OF USE ARE FAIR AND REASONABLE IN THE CIRCUMSTANCES.

THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.

INDEMNITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE TOWNLINE PARTIES FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES SUFFERED BY SUCH PERSONS, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR: (A) BREACH OF THESE TERMS OF USE; (B) ACCESS TO THE PLATFORM OR USE OF THE SERVICES; AND (C) PROVISION OF THE USER CONTENT, REGISTRATION DATA, OR OTHER DISCLOSURE TO US OR ANY MEMBER OF ANY OTHER INFORMATION OR DATA AND THE USE OF SAME BY US, ANY MEMBER OR OTHER TOWNLINE PARTIES AS CONTEMPLATED HEREUNDER.

INTELLECTUAL PROPERTY

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.

GEOGRAPHIC RESTRICTION

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.

WAIVER

No delay or omission by any Member to exercise any right or power it has under these Terms of Use, or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by a Member must be in writing and signed by an authorized representative of us.

GOVERNING LAW AND FORUM

The laws of the province of British Columbia and the laws of Canada applicable therein, excluding any conflicts of law provisions, shall govern any claims relating to the materials on the Platform. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms of use or your use of the Platform shall be filed only in the provincial or federal courts located in the province of British Columbia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY

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.

ENTIRE AGREEMENT

These Terms of Use and the Privacy Statement constitute the entire agreement among the parties concerning the use of the Platform and the information contained therein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

CONTACT/NOTICES

If you have any questions about the Terms of Use, or need to provide notice to, or communicate with, us under the Terms of Use, please contact us at [email protected], or by delivery in person, by courier, or by mail, to the Townline Homes Inc. at 1212-450 SW Marine Dr., Vancouver BC  V5X 0C3. We may provide notices or communications to you on the Platform and you agree that such notices shall constitute notice to you whether or not you actually access the notice.

ASSIGNMENT

These Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without your consent.