General
These Terms of Use (“Terms of Use”) govern your use of this website. The provider of this website listed on the home page, (“Website Provider”, “us”, “we” or “our”) offers this website, including all information, tools and services available on this website, to you, the user, conditioned upon your acceptance of these Terms of Use.
We reserve the right to change, modify or amend these Terms of Use at any time, and will post a current version of these Terms of Use on our website. We are not required to inform you about any such updates and it is your responsibility to check the website periodically for any such updates. Your use, and continued use following an amendment to these Terms of Use, of this website constitutes your agreement to these Terms of Use and a binding agreement between Website Provider and you. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.
Privacy
While using this website, you may provide certain Personal Information to us. Our complete Privacy Policy can be accessed through the link provided on the home page to this website. The Privacy Policy is incorporated herein by reference.
Website Links
This website may contain links to other sites. These links are provided as a convenience to you to access the information contained therein. We are not responsible or liable for any content, advertising, listings, products, services or other materials on or available from such linked websites. Different terms of use may apply to your use of any linked websites. The use of links to websites outside of this website does not constitute or imply any affiliation with any of the owners of the website to which we provide links. We neither endorse nor are we responsible or liable, directly or indirectly for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on such content, products or services available on or through any such linked website or resource. Accessing and using any of these linked sites through this website is at your own risk.
Trademarks/Copyrights
The trademarks, service marks or logos displayed on this website (collectively, the “Marks”) are registered and unregistered trademarks of ours or of our licensors. Nothing in these Terms of Use of the website should be construed and granted any license to use any Marks without the express permission of Website Provider or the applicable trademark owner. The unauthorized use of any Marks are prohibited and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our website and services.
The website is protected by copyright laws. Except for your use as authorized in these Terms of Use, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sub-license, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the content, design or layout of the website, including all text, information, links, graphics, audio, video, source code and software (collectively, the “Content”), or individual sections of the Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission. The foregoing prohibitions expressly include, but are not limited to, “screen scraping”, “database scraping” and any other activity intended to collect, store, re-organize, summarize or manipulate any Content, such as in order to obtain lists of users or other information. You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by us, and shall retain all copyright and other proprietary notices in the same form and manner as on the original.
Acceptable Use Policy
We have established the following rules of use for our website. You agree you will not:
- violate, plagiarize or infringe on our rights or the rights of any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
- attempt to access another person’s account, including, without limitation, attempts to use another person’s credentials to create an account on our website unless you are expressly authorized to do so pursuant to an agency agreement;
- use the website or services for any commercial purpose or for the benefit of any third party on in any manner not permitted by these Terms of Use;
- remove any proprietary notices or labels on this website or the Content;
- transmit of any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation through our website;
- engage in any conduct which we, in our sole discretion, deem to be detrimental to our interests, including, without limitation, acting or failing to act in a manner contrary to these Terms of Use, or intentionally interfering with the website or our computer systems;
- collect, store, or attempt to collect or store, any Personal Information (as defined in our Privacy Policy) from the website or services from other users without their express permission;
- impersonate or misrepresent your affiliation with any person or entity;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
Feedback
We welcome any feedback, comments and suggestions you may have to improve our website or services (“Feedback”). You can submit Feedback to us at the email address listed on the “Contact Us” page of this website. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without restriction or compensation to you.
Disclaimers/Warranties
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. WEBSITE PROVIDER DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND WARRANTIES AGAINST INTERFERENCE OR INFRINGEMENT ARISING FROM THE COURSE OR DEALING OR COURSE OF PERFORMANCE. WEBSITE PROVIDER DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION PROVIDED THROUGH THE WEBSITE OR ON THE INTERNET GENERALLY WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, AND RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. IN NO EVENT WILL WEBSITE PROVIDER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN Y YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE.
Furthermore, real estate services rely on third-party franchised listing advisors (“Advisors”). Advisors operate as independent contractors of Engels & Völkers brokerages and use Engels & Völkers-branded websites as part of a brand-integrated platform. Neither Engels & Völkers nor any of its brokerages is responsible for the actions of Advisors and cannot guarantee the accuracy of the information any Advisor provides to you. Neither Elder Group Tahoe nor any of its brokerages make any representation or warranty about such information, whether provided through the use of any of our branded websites or otherwise.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEBSITE PROVIDER AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, PARTNERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE, THE CONTENT, OR THE GOODS OR SERVICES OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF WEBSITE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WEBSITE PROVIDER’S LIABILITY EXCEED $100 CAD.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain warranties and/or liabilities. Accordingly, some of the above limitations or exclusions may not apply to you.
No Solicitation or Sale
This website is for informational purposes only and is not intended to be a substitute for professional advice, assessment and evaluation for purchases or sale of real estate or securities. Nothing on this website is intended to be an offer, solicitation, inducement, invitation or commitment to purchase, subscribe to, provide or sell any property (such as real estate), securities, service or product in any jurisdiction. For clarity, Website Provider does not intend to solicit and is not soliciting any action with respect to any security or any other contractual relationship with us. This website and its contents should not be relied upon as a sole basis for the purchase or sale of any real estate or securities; investors considering such should consult with their own independent professional advisors.
This section has not been approved or disapproved by any securities commission or regulatory authority in Canada or any other jurisdiction, and Website Provider expressly disclaims any duty on Website Provider to make disclosure or any filings with any securities commission or regulatory authority, beyond that imposed by applicable laws. The contents of this section are neither sufficient for, nor intended by Website Provider to be used in connection with, any decision relating to the purchase or sale of any real estate or existing or future securities. Website Provider does not intend to provide financial, investment, tax, legal, or accounting advice.
Indemnification
You agree to indemnify, defend and hold Website Provider and its respective directors, officers, agents, partners, employees, representatives, licensors and licensees harmless from any damages, loss, liability, costs and expenses (including reasonable attorneys’ fees), incurred in connection with any third party claim, or demand due to or arising out of your access or use of this website and/or breach of these Terms of Use or your violation of any law or the rights of such third party.
Termination
Website Provider may, in its sole discretion, terminate or suspend your access to all or part of this website, the content and/or any products or services offered through the website for any reason, including, without limitation, your breach of these Terms or Use.
Miscellaneous
These Terms of Use and your use of this website and/or services shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms of Use shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. You agree not to bring any legal action against Website Provider in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction.
Any cause of action or claim you may have with respect to these Terms of Use or the website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
Website Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use and/or the rules and regulations set forth on the website, including without limitation the right to block access from a particular internet address.
If any provision of these Terms of Use shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and Website Provider in connection with your use of this website.
Our Communication With You
Subject to providing your express consent evidenced by checking the box and opting in during when you register or submit an inquiry through our website, you consent to receive promotional messages and newsletters from us. If you choose not to opt-in (e.g. by not checking the box or otherwise providing express consent), the remainder of these Terms of Use will continue to apply to your use of the Website Provider website.
Information and Questions
If you have any questions, concerns, or suggestions regarding this Terms of Use, please contact us at the email address listed on the “Contact Us” page of this website.
