TERMS & CONDITIONS
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Welcome to PropertyManagement.ca. Use of this website signifies your agreement to these Terms and Conditions which constitute a legal agreement between you and PropertyManagement.ca. Please read these Terms and Conditions carefully before using this website. If you have any questions, please contact us prior to agreeing.
If you do not accept these Terms and Conditions in their entirety, do not access or use this website. Your access to and use of this website are subject these Terms, which incorporate the separately posted Privacy Statement and other policies, as well as any modifications to such policies, and all applicable laws and regulations. The term 'User' shall refer to any individual or entity who accepts the terms and conditions of this Agreement.
User Conduct and Responsibility: PropertyManagement.ca provides this website to, among other things, enable users with requests for product and service information that relates to the property management industry in Canada to contact the companies that are a part of PropertyManagement.ca database of companies and are listed on this website ("Suppliers") and any other third parties that may advertise on this website or provide services, features or information in connection with this website or to PropertyManagement.ca ("Providers"). This website incorporates online collaborative applications and tools to allow users to obtain pricing and other information about products and services listed on this website. Descriptions of, or references to, products or services offered by Suppliers or Providers on this website do not imply endorsement of any product or service, or constitute a warranty, by PropertyManagement.ca or its affiliates.
We are not involved in any sales transactions regarding products or services offered by Suppliers or Providers on this website. As a result, we have no control over such sales transactions, including without limitation the quality, safety or legality of the items transacted; the accuracy of the information or specifications provided; the ability of users or buyers to buy items; the ability of users or suppliers to deliver items promised; or the ability of buyers to pay for items. The Terms and Conditions set out here within and the information provided by this website in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. We cannot ensure that a user, buyer, Supplier or Provider will complete a transaction or that a transaction will be completed in a satisfactory manner. We encourage you to communicate directly with users, buyers, Suppliers and Providers through the tools available on this website or by other commercially available means that you might normally use in conducting transactions. It is your sole responsibility to qualify the User, Buyer, Supplier or Provider that you choose to do business with.
In consideration of your use of this website, you represent that you are of legal age to form a binding contract and are not a person barred from agreeing to these Terms and Conditions or using this website under the laws of Canada or any other jurisdiction. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms and Conditions. You also agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and make reasonable efforts to promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or which we have reasonable grounds to suspect is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account (if any) and refuse any and all current or future use of this website or the services provided in connection therewith (or any portion thereof). Further, any user accounts and access or user profile information created or provided in connection with this website may not be transferred or sold to another party.
Submission of Content: You understand that all information (including without limitation information provided when signing up for an account or requesting quotes), data, text, software, music, sound, photographs, images, graphics, videos, messages, logos or other materials (collectively, "Content"), whether publicly posted on (including any forums or other public areas) or privately transmitted through (whether to us, other users, Suppliers or Providers) this website, is the sole responsibility of the person from which such Content originated. This means that you, and not PropertyManagement.ca or its affiliates, are entirely responsible for all Content that you upload, post, list, email, transmit or otherwise make available via this website, which acts as a passive conduit for your online distribution and publication of that Content. Under no circumstances will PropertyManagement.ca or its affiliates be liable in any way for any Content posted by you or third parties, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, listed, emailed, transmitted or otherwise made available via this website. Neither PropertyManagement.ca nor its affiliates control the Content posted by you or third parties and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using this website, you may be exposed to Content that is offensive, indecent or objectionable.
iYou may not list any Content on this website (or consummate any transaction that was initiated using this website) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates any patent, trademark, other intellectual property rights, trade secrets or any other rights of another party. Furthermore, you agree that you will not use this website or our services or applications for chain letters, junk mail, "spamming" or commercial solicitations or to send any message or Content that (a) is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive or illegal; (b) contains viruses or other features that might contaminate or destroy this website; or (c) otherwise gives rise to liability or violates any other applicable law.
Except as otherwise expressly provided herein or in the separately posted Privacy Statement, any communication or Content you post or list on this website or transmit to PropertyManagement.ca by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, essays, questions, comments, suggestions or the like, is and will be treated as non-confidential and non-proprietary and may be used by PropertyManagement.ca, Suppliers and Providers (and their respective affiliates, agents or contractors) and other users for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast and posting, and for advertising, publicity or promotional purposes in any media, now known or hereafter conceived or created, without further permission, consent, payment or other consideration, unless prohibited by law. Furthermore, PropertyManagement.ca, Suppliers and Providers (and their respective affiliates, agents or contractors) are free to use any ideas, concepts, know-how or techniques contained in any such communication or Content for any purpose whatsoever, including without limitation developing, manufacturing and marketing products or services using information contained in such communication or Content.
PropertyManagement.ca Content: Content posted by PropertyManagement.ca may contain errors, omissions or typographical errors or may be out of date. PropertyManagement.ca may change, delete or update any Content at any time and without prior notice. Content posted by PropertyManagement.ca is provided for informational purposes only and is not binding on PropertyManagement.ca in any way except to the extent it is specifically indicated to be so. Any use of Content posted on this website by PropertyManagement.ca, except as specifically permitted in these Terms and Conditions or as otherwise expressly permitted in the Content or in a writing signed by PropertyManagement.ca, is strictly prohibited.
Copyrights: Unless otherwise noted, all Content posted by PropertyManagement.ca, including the design and layout of this website, is protected by copyrights, trademarks, service marks, trade dress and other proprietary rights that are owned by PropertyManagement.ca, its affiliates, Suppliers, Providers or other third parties that have licensed their use to PropertyManagement.ca or its affiliates. The names of other companies, products and services referenced herein may be the trademarks of their respective owners.
You may view and use Content on this website to obtain information on companies, products, services, industries, news or jobs listed on this website and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, neither PropertyManagement.ca nor its affiliates grants to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform or distribute by any means, method or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through this website, including without limitation by transferring, downloading or otherwise copying any such Content onto any disk drive or other storage medium, now known or hereafter developed.
Procedures for making claims of Intellectual Property Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide PropertyManagement.ca the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the Content that you claim is infringing is located on the PropertyManagement.ca website, including the permanent URL, if possible;
- Your address, telephone number, facsimile number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent or the law; and
- A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
Email this info to the following address:Info@PropertyManagement.ca
Indemnity: You agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless PM PARTIES from and against any claims, liability, losses, costs and expenses (including but not limited to reasonable attorneys' fees) incurred by any PM PARTY in connection with any violation of these Terms and Conditions by you and any use or alleged use of this website under your password by any person, whether or not authorized by you. PropertyManagement.ca reserves the right to assume the exclusive defense and control, at its own expense, of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with PropertyManagement.ca defense of such claim.
Mobile Services: This website may provide certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to contact Suppliers and Providers about their products or services, receive and reply to messages from PropertyManagement.ca and access certain other features (collectively, the "Mobile Services"). Your mobile carrier's normal messaging, data, and other rates and fees may apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services and how much they will cost you. By using the Mobile Services, you agree that PropertyManagement.ca may communicate with you by SMS, MMS or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to PropertyManagement.ca. In the event you change or deactivate your mobile telephone number, you agree to promptly update your mobile subscription account information with us to ensure that the messages PropertyManagement.ca intends to send to you are not sent to another entity who acquires such mobile telephone number.
Jurisdictional Issues: This website is controlled and operated by PropertyManagement.ca from its offices in the Province of British Columbia, Canada. PropertyManagement.ca makes no representation that Content on this website is appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You and PropertyManagement.ca consent to bring any action to enforce these Terms and Conditions in the federal or provincial courts located in the city of Vancouver, province of British Columbia, country of Canada. Additionally, these Terms and Conditions shall be governed by and construed in accordance with, and any claims brought against PropertyManagement.ca shall be governed by, the laws of the Province of British Columbia, Canada without regard to its choice of law principles.
Miscellaneous:These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. No waiver by PropertyManagement.ca of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The headings and captions in these Terms and Conditions are intended for convenience only and shall in no way affect the interpretation of the Terms. PropertyManagement.ca and its affiliates shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood or any other Act of God, any law, regulation, ordinance or other act or order of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks.
Payment:All customers are required to pay one-hundred percent (100%) of the cost of the service or product provided by PropertyManagement.ca(less any authorized discounts) within 30 days of activation. If customer have not met that payment due date, their listing and/or advertising shall be subject to removal.
Payment Liability:PropertyManagement.ca reserves the right to hold Customer and any agency, broker or other authorized representative of Customer jointly and severally liable for all amounts owed to PropertyManagement.ca. Cancellationor Termination: These Terms and Conditions are effective until terminated by either you or PropertyManagement.ca. You may terminate these Terms at any time by destroying all Content obtained from this website and all related documentation and all copies and instalments thereof whether made under the terms of these Terms or otherwise. PropertyManagement.ca may terminate your right to access or use this website or any feature or portion thereof or change, suspend or discontinue all or any aspect or portion of this website, or any service, feature or product offered through it, at any time, without notice or liability to you,any other user or any third party. Upon termination, you are no longer authorized to access this website and you must destroy all ontent obtained from this website and all copies thereof, whether made under these Terms or otherwise. The restrictions imposed on you with respect to the Content, and the disclaimers, indemnities and limitations of liabilities set forth in these Terms shall survive termination. Any listing or advertising cancelled by a Customer will not result in a refund of any kind. If a cancellation occurs due to a violation of the Terms and Conditions, you will also not be entitled to a refund
Rates:All listing and advertising rates are subject to change at anytime. Representations and Warranties:Customer hereby indemnifies and holds harmless PropertyManagement.ca and the Publishers (including their successors, directors, officers,employees, agents) from and against all claims, loss, liability,damage and expense of any nature (including attorneys' reasonable fees) in connection with PropertyManagement.ca and its linked websites, for any actual or alleged breach of any term of this Agreement.
Damages:In no event shall PropertyManagement.ca be liable for special,indirect, incidental, or consequential damages, including, but notlimited to, loss of data, loss of use, or loss of profits arising there under or from the provision of services.
Limitation of Liability:Neither PropertyManagement.ca, its partners, nor the participating sites will be subject to any liability whatsoever for (a) any failure to provide reference or access to all or any part of the website due to systems failures or other technological failures of PropertyManagement.ca or of the Internet; (b) delays in delivery and/or non-delivery of a campaign, including, without limitation,difficulties with a Publisher or Website, difficulties with a third-party server, or electronic malfunction; and (c) errors in content or omissions in any membership program or advertisement provided by Customer.
Modifications:PropertyManagement.ca reserves the right to modify these Terms and Conditions or to impose new terms and conditions with respect to this website from time to time without notice. Such modifications and additions shall be effective immediately upon notice thereof, which may be given by any means,including without limitation posting the modified Terms or additional terms and conditions on this website. All users of this website should review these Terms periodically and prior to any use. You agree that you shall be deemed to be apprised of and bound by any modification by PropertyManagement.ca to these Terms.
Any access or use of this website by you after notice of modifications or additions to these terms shall constitute and be deemed to be your agreement to such modifications or additions. No modification to these Terms by any party other than PropertyManagement.ca shall be valid or enforceable against PropertyManagement.ca unless expressly agreed to by PropertyManagement.ca in a writing signed by a duly authorized officer of PropertyManagement.ca.
Disclaimer:PropertyManagement.ca MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE", OR THAT THIS WEBSITE OR ITS CONTENTS WILL BE AVAILABLE, ACCURATE, COMPLETE OR TIMELY. PropertyManagement.caDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, ANY WEBSITE WITH WHICH IT IS LINKED AND ANY PRODUCTS OR SERVICES LISTED ON THIS WEBSITE. PropertyManagement.ca DOSE SNOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS WEBSITE OR ITS CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCEL BOTS OR OTHER HARMFUL COMPONENTS. YOU (AND NOTPropertyManagement.ca)ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. PropertyManagement.caDOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. ALL PRODUCTS AND SERVICES LISTED ON THIS WEBSITE ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY,PropertyManagement.ca MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE LISTED ON THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Liability: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALLPropertyManagement.ca,ITS AFFILIATES, LICENSORS OR CO-BRANDERS, SUPPLIERS, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS,CONTRACTORS AND INFORMATION PROVIDERS (COLLECTIVELY, "PM PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF A PM PARTY OR A PM PARTY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF CONTENT OR MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.IN NO EVENT SHALL A PM PARTY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR NOT(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
Contacting PropertyManagement.ca: If you have any questions regarding these Terms and Conditions or wish to change or update any of your information, please contact us via e-mail by clicking here.