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THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. ALTUS GROUP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.
Please note that information sent or received over the Internet is generally unsecure and ALTUS GROUP cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.
Any consent by ALTUS GROUP to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with ALTUS GROUP that expressly reference this Agreement, this is the entire agreement between you and ALTUS GROUP relating to the matters contained herein.
Subject to applicable law, ALTUS GROUP: (a) reserves the right to change the goods and services advertised or offered or advertised through the Web site, the prices or specifications of such goods and services, and any promotional offers and any other Web site materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised, offered or promoted on the Web site will be available; (c) does not warrant that the Web site materials (including without limitation property descriptions or photographs) are accurate, complete, reliable, current or error-free; and (d) reserve the right to cancel, to terminate or not to process reports (including accepted orders) where the material information on the Web site is inaccurate. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
All materials displayed or otherwise accessible through the Web site, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “Content”) are protected under Canadian and foreign copyright or other laws, and are owned by ALTUS GROUP, its licensors or the party accredited as the provider of the Content. In addition, the Web site is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Web site. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEB SITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF ALTUS GROUP.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL ALTUS GROUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF ALTUS GROUP KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ALTUS GROUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100)EVEN IF ALTUS GROUP HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ALTUS GROUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF ALTUS GROUP OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.
ALTUS GROUP EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB SITE OR ANY ADVERTISER OR SPONSOR OF THE WEB SITE (COLLECTIVELY, “THIRD-PARTY USER”). UNDER NO CIRCUMSTANCES SHALL ALTUS GROUP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE WEB SITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE ALTUS GROUP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE.
All software embedded in or located on or at the Web site, including, without limitation, all computer code of all types, including all data, files and/or images contained in or generated by such software (the “Software”) is protected by copyright and may be protected by other rights. All such Software is owned by ALTUS GROUP, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Web site, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.
If the Web site provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, licence, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, scrape or extract or reverse engineer the Software or assist others in doing so.
Nothing contained in the Web site shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Web site or made available for download from the Web site, including, but not limited, to any intellectual property rights in the Software.
All Software embedded or integrated into the Web site is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
ALTUS GROUP may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Web site, (or any portion thereof). ALTUS GROUP may also terminate your right to access and use the Web site, or any part of the Web site, if you breach any term or condition of this Agreement. All remedies afforded under this Agreement to ALTUS GROUP shall be taken and construed as cumulative and are in addition to every other remedy provided for herein or by law.
ALTUS GROUP and other ALTUS GROUP trademarks, names etc. are official marks or trademarks of ALTUS GROUP. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Web site may constitute registered or unregistered trademarks of ALTUS GROUP or third parties. While certain trademarks of third parties may be used by ALTUS GROUP under license, the display of third-party trademarks on the Web site should not be taken to imply any relationship or license between ALTUS GROUP and the owner of said trademark or to imply that ALTUS GROUP endorses the wares, services or business of the owner of said trademark. Nothing contained on the Web site should be construed as granting you any license or right to use any trademark logo or design of ALTUS GROUP or any third party, without the written permission of ALTUS GROUP or the respective owner of any third-party trademark.
The information contained on the Web site is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
The Web site may provide features that allow you to post messages and content, to interact with ALTUS GROUP and other users and to upload files, documents or other materials (collectively, “Submissions”). When using any of the features of the Web site which allow you to post, upload or make Submissions, it is a condition of your use of the Web site that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the Web site, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of ALTUS GROUP imposes an unreasonable or disproportionately large load on the ALTUS GROUP web site infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (v) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii) use the Web site for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.
By posting or uploading Submissions to the Web site, you grant ALTUS GROUP a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of ALTUS GROUP; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that ALTUS GROUP is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on the Web site will be considered non-confidential.
ALTUS GROUP is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of ALTUS GROUP.
While ALTUS GROUP is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Web site and terminating the submitting party's right to access and use the Web site (or any portion thereof).
It is the policy of ALTUS GROUP to respond to claims of intellectual property infringement. ALTUS GROUP will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent by email.
To be effective, the notification of infringement must be a written communication that includes the following:
To use certain features of the Web site, you may also need a username and password, which you will receive through the web site registration process. You are responsible for maintaining the confidentiality of the password and account, and you agree to accept responsibility for all activities that occur under your password or account. In the event that the confidentiality of your account is compromised in any manner, ALTUS GROUP reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Web site and your account, without limitation changing your password or terminating your account. Notwithstanding the above, ALTUS GROUP may rely on the authority of anyone accessing your account or using your password and in no event will ALTUS GROUP be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of ALTUS GROUP under this provision; (ii) any compromise of the confidentiality of your account or password; or (iii) any unauthorized access of your account or use of your password. You agree to notify ALTUS GROUP immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.
You agree that, both during and following the term of this Agreement (whether by expiration or termination), to fully indemnify and save harmless ALTUS GROUP, its affiliates, directors, officers, employees, agent and subcontractors from all costs, losses, damages, judgments, claims, demands, suits, actions, complaints or other proceedings in any manner based upon, occasioned by, or attributable to anything done or omitted to be done directly or indirectly by you in respect of: (i) your use of the Web site (including for clarity where the Web site has been accessed by a third party through the use of your username and password); (ii) your or any third party’s use of your username and password; (iii) any negligence, fraud or wilful misconduct in respect of your use of the Web site, your username and password; and (iv) any breach of the terms or conditions of this Agreement.
The Web site (excluding linked Web sites) is controlled by ALTUS GROUP from its offices within the Province of Ontario, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
The parties hereto acknowledge having expressly required that this Agreement and all related policies and terms are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les conditions et règlements du Web site ainsi que toutes les politiques et règles s'y rapportant soient rédigées en anglais.
This Agreement constitutes the entire agreement between you and ALTUS GROUP with respect to the use of the Web site. ALTUS GROUP'S failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right of ALTUS GROUP.