Terms of Use

Effective Date: August 31, 2016

This website (the “Site”) is operated by Urban Condos Inc. (“URBCONDOS”). This site provides readers with original Content (collectively the “Content”) related to the real estate sector, as well as a roundup of industry-related news and updates. The Site offers readers the option to subscribe to regular newsletters to have the latest original Content from the Site sent to their email inboxes. These Terms of Use and the terms and conditions of the URBCONDOS Privacy Policy  (collectively the “Terms”) govern your access to and use of the Site.

By accessing or using the Site, you agree to be bound by, and comply with, the Terms and represent that you understand and can agree to the Terms. If you do not agree to be bound by, and comply with, the Terms, you are not permitted to access or use the Site.

URBCONDOS may amend the Terms from time to time. When the terms change, we will post the amended version and change the effective date above. You should review the Terms regularly. By accessing or using the Site after any such amendments, you agree to be bound by, and comply with, the Terms then posted. If any amendment is not acceptable to you, you must cease accessing and using the Site.

No Advice

The Site and Content are provided for general informational purposes only.  URBCONDOS does not provide any real estate, brokerage, appraisal, architectural, design, planning, accounting, financial planning, legal or other real estate or real property related services and does not hold itself out as being registered, licensed or otherwise authorized to perform any such services. URBCONDOS does not provide any advice regarding real property, real estate, real estate transactions, brokerages, appraisals, architecture, design, planning, accounting, financial planning, legal matters, or any other real estate-related or real property-related matters. URBCONDOS does not endorse, recommend or approve of any real estate agent, broker, brokerage, appraiser, architect, designer, planner, accountant, financial planner, lawyer or law firm, or other real estate- or real property-related service provider who offers services in connection with the information provided on or through the Site.

Permitted Uses

You may access and use the Site and the Content only in accordance with all applicable laws and the Terms. Subject to the Terms, URBCONDOS grants to you a non-exclusive, non-transferable and revocable licence to access and use the Site and the Content only to display and save on your own computer, download and print a single copy of the Content for your use, provided that the Content is not modified. By accessing or using the Site or the Content, or by displaying, saving, downloading or printing a copy of any Content, you do not acquire any other right or licence to the Site or the Content.

Prohibited Activities

You may not access the Site or use the Site or the Content in any way or for any purpose that is unlawful. Without the prior written consent of URBCONDOS, you may not access the Site or use the Site or the Content for any purpose that is outside the scope of the permitted uses described in these Terms, or that violates the rights of URBCONDOS or any other person. Without limiting the foregoing, without such consent, you may not engage in, or perform, directly or indirectly, any of the following activities with the Site or the Content or any portion thereof:

  • No distribution. Making available, distributing, displaying, posting, disseminating, publishing, republishing, retransmitting, communicating to the public, or broadcasting;
  • No modification. Creating a derivative work, modifying, translating, selecting, arranging, merging, compiling or otherwise combining with other data or other content or framing from or on another website;
  • No scraping. Scraping, whether screen scraping, database scraping, or any other activity intended to collect, store, reorganize, summarize or manipulate any Content, whether by an automatic program or a manual process;
  • No transaction. Selling, licensing, sublicensing or engaging in any other commercial transaction relating to the Site, the Content or any reproduction of all or any portion thereof in any medium;
  • No decompilation. Decompiling, disassembling, reverse engineering or other exploitation of the Site, its architecture or the underlying software or code; and

No outside permitted uses. Any activity that is outside the scope of activity permitted by the Terms.
To seek permission in respect of any activity with the Site or the Content that is not permitted by the Terms, please contact info@urban.condos.

All Content, including all (i) text, data and other literary works; (ii) logos, designs, graphics, images, photographs, artwork and other artistic works; (iii) musical works and other sounds;  (iv) videos and all audio-visual works; (v) performances; (vi) other materials; (vii) selections, arrangements, compilations, modifications and enhancements of all of the foregoing; (viii) software, including program code that may execute on the Site’s servers or that may be embedded or be downloadable from individual webpages on the Site; and (ix) the architecture and layout of the Site and webpages thereon, is protected by copyright owned by, or used with permission or under license by, URBCONDOS.

The following trade-marks and all variations thereof are trade-marks of URBCONDOS: URBCONDOS, , urban.condos, and the URBCONDOS Logo.

URBCONDOS may provide links to other Web sites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other Web site or resource or its contents. If you connect to the Site on social media (e.g Facebook, Twitter, Instagram), or use social media functionality that is imbedded into the Site, these activities are governed by the terms of use, privacy policy and other rules of the social media platform. URBCONDOS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.

If you provide a link to the Site from another website, URBCONDOS reserves the right to require you to disable such link.

Modifications To the Site and Content

URBCONDOSreserves the right to modify or discontinue all or any aspect of the Site or the Content with or without notice to you. URBCONDOS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD URBCONDOS EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE SERVICES.

Fees

URBCONDOS reserves the right at any time to charge fees for access to the Site or to any specific new feature or Content that may be introduced from time to time. If you do not consent to the payment of such fees, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.

Disclaimer and Limitation of Liability

THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACCESS TO, AND USE OF, THE SITE OR THE CONTENT IS AT YOUR OWN RISK. URBCONDOS MAKES NO REPRESENTATION, WARRANTY OR CONDITION, WHETHER EXPRESS OR IMPLIED, ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR RELATED RIGHTS, OF THE SITE OR THE CONTENT. URBCONDOS ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM URBCONDOS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE FULLEST EXTENT PERMITTED BY LAW, URBCONDOS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL URBCONDOS OR ANY OF OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, WHETHER OR NOT URBCONDOS IS ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that URBCONDOS may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Governing Law

The interpretation, validity, effect and enforcement of the Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. These laws apply to the access and use of the Site or the Content by you, notwithstanding any conflicts of laws principles, your domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where they may lawfully be provided for use.

Dispute

All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Toronto, Ontario, Canada. The language of the arbitration shall be English. However, in the event that URBCONDOS determines that any breach or other violation of the Terms, or any violation of the intellectual property, privacy or other rights of URBCONDOS does or will result in immediate or irreparable harm to URBCONDOS , URBCONDOS may seek relief in the way of interim, temporary and permanent injunctions and such other and further relief as a court may deem just and proper. You hereby consent and submit to the jurisdiction of the courts of the Province of Ontario and the Federal Court of Canada in any such action or proceeding and agree not to commence any action or proceeding except in Toronto, Ontario, Canada.

Miscellaneous

The Terms, including any documents referenced herein, constitute the entire agreement between URBCONDOS and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and URBCONDOS with respect to the Site or the Content. A printed version of the Terms and of any notice given in electronic form will be admissible in judicial, administrative or arbitral proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Any failure by URBCONDOS to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provision or right. If any provision contained in the Terms is determined to be void, invalid or otherwise unenforceable by an arbitrator or court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein or the affected provision in a jurisdiction outside the jurisdiction of such court.