Terms Of UseCity Home App Inc. (the “Company”) maintains:Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern this site's owner's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. These terms of use (as well as the documents referred to in it) tell you the terms on which you may use our website (“our site” or the “website”). Please read these terms carefully before using this website. By using this website, you (the user) agree to the following terms of use. If you do not agree to these terms of use, you should exit the website. The terms of use refer to the following additional terms, which also apply to your use of our site: • Our privacy policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to us processing your data and you warrant that all the data provided by you is accurate. • Our cookie policy, which sets out information about the cookies on our site.OwnershipThis website is the official website of City Home App and is operated and managed by City Home App Inc. (business number: 74624 3120). All of the content of this website (which includes without limitation all graphics, text, images, photographs, illustrations, and the design, selection and arrangement thereof) is protected by copyright and/or trademark. Other proprietary trademarks and trade names may be featured on this website from time to time and remain the property of their respective owners.Limited license; restrictionsYou are granted a limited license to view the materials contained on this website to a single personal computer, and to print a hard copy of the materials contained on this website, solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. In all cases City Home App must be acknowledged as the source of the material. Your use of the materials contained on this website on any other internet site is strictly prohibited. The grant of this limited license is conditional upon your agreement to and compliance with all these terms of use. Any other use of any of the materials on this website including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without the prior written permission of City Home App Inc. or its authorized representatives is strictly prohibited, and is a violation of our proprietary rights. If you download any software from this website, the software including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the “software”) are subject to the limited license set out above. We and/or our respective suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the software. You may not distribute, sell, or transmit the software and you are not permitted to alter, modify or adapt the software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.Liability Disclaimer; WarrantiesThe service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The content of the pages of this website is for your general information and use only. It is subject to change without notice. This website has not being produced by a certified appraiser and we do not claim to be giving full and detailed appraisals. This site is intended to provide a base price for properties across the Greater Toronto Area and if you wish to get a more detailed home evaluation you must contact one of the partners affiliated with the site. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. To the fullest extent permitted by applicable laws, neither we nor any of our directors, employees, affiliates or other representatives will be liable for any loss or damages (whether direct or indirect and whether caused by negligence or otherwise) arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect, special or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties (even if we have been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable). This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of Canada. Without limiting the foregoing, agent poster, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it..Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the service. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall the total liability to you of all of City Home App Inc. and its respective directors, employees, affiliates or other representatives for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website. Nothing in this clause shall limit or exclude any liability for death or personal injury resulting from negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Canadian law. City Home App Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. If you are dissatisfied with any portion of the site, or with any of these terms and conditions of use, your sole and exclusive remedy is to discontinue using the service.VirusesWe do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.IndemnificationYou agree to defend, indemnify and hold harmless City Home App Inc. and its respective directors, officers, employees and agents from and against all liabilities, claims, damages, costs and expenses, including attorneys’ fees arising out of: your use of the website; any material you post, upload, e-mail or otherwise transmit using the site; or your violation, breach or alleged violation or breach of these terms of use.Accessing our siteOur site is available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted or as a free site. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.Your account and passwordIf you choose, or are provided with, a user identification code, username, password or any other piece of information as part of our security procedures or to set up an account, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code, username or password, you must promptly notify us immediately.Amending the terms of use, privacy policy and cookie policyWe may add to, change or remove any part of these terms of use, the privacy policy and/or the cookie policy at any time, without notice. Any changes to these terms of use, the privacy policy, the cookie policy or any terms shown on this website apply as soon as they are shown. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. It is therefore your responsibility to check these terms of use, the privacy policy and the cookie policy each time you use this website, so that you can take note of any amendments we may make. We may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.Changes to our siteWe may update our site from time to time, and may change the content on the site at any time. However, please be aware that any of the content on our site may be out of date at any given time, and that we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.No reliance on informationThe content on our site is provided for general information only. It is not intended to amount to advice on which you should solely rely on. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.Governing lawThose who choose to access this website do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. These terms of use shall be governed by and construed in accordance with the laws of Canada. Any dispute under these terms shall be subject to the exclusive jurisdiction of the Canadian courts (subject to appeal) and, by using this website, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.Intellectual PropertyAll content contained on the Site or included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used for the Services is the property of Agent Poster or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit the software and services that makeup the Services. You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify City Home App Inc. for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you. The Services are not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. We do not grant you any licenses, express or implied, to the intellectual property of City Home App Inc. or our licensors except as expressly authorized by these Terms and Conditions. City Home App Inc. service or product available through this Site, or any part of any City Home App Inc. service or product, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Agent Poster. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of City Home App Inc. without express written consent. You may not use any meta tags or any other “hidden text” utilizing City Home App Inc. name or trademarks without the express written consent of City Home App Inc. You may not misuse the 6ix Home Appraisal Inc. services and products. You may use the City Home App Inc. services and products only as permitted by law. The licenses granted by City Home App Inc. will terminate if you do not comply with this Agreement.Use of Communication ServicesYou agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Services. Any material, information, or idea you transmit to or post on this Site or any other site relating to this site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by City Home App Inc. or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing its products and services. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Services that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Services; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. City Home App Inc. has no obligation to monitor the Communication Services. However, City Home App Inc. reserves the right to review materials posted to a Communication Services and to remove any materials in its sole discretion. City Home App Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. We do not assume any liability for any content posted by you or any other third party users of our website. However, any content posted by you using any open communication tools on our Site, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of City Home App Inc., and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms and Conditions, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. City Home App Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in City Home App Inc. sole discretion. City Home App Inc. does not control or endorse the content, messages or information found in any Communication Services and, therefore, City Home App Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Materials uploaded to a Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.MiscellaneousAny waiver of any provision of these terms must be in writing signed by City Home App Inc. or its authorized representatives to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and City Home App.International UsersThe Services is controlled, operated and administered by City Home App Inc. from facilities within Canada. City Home App Inc. makes no representations that the Services is appropriate for use in other locations. If you access the Services from a location outside the Canada you are responsible for compliance with all local laws. You agree that you will not use the service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.Electronic CommunicationsVisiting this Site or sending emails to City Home App Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.Digital Millennium Copyright Act (DMCA)In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Last updated March 4, 2017 |
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