Terms of Use (374)

PLEASE READ THIS TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.

The user’s (" you" and " your" indicate the user) use of this website is expressly conditioned on your acceptance of the following terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use, and Paramount (defined below) does not consent to your use of, this website. In consideration of your use of this website and the mutual covenants and agreement in this Terms and Conditions of Use Agreement (the " Agreement"), you agree, without modification, as follows:

1. OWNERSHIP. This website, and each of its modules, together with the arrangement and compilation of the content found on this website, is the copyrighted property of Paramount Property Management Inc. (" Paramount"). In addition, the trademarks, logos and service marks displayed on this website (collectively, the " Trademarks") are registered and/or common law trademarks of Paramount and its affiliates. Nothing contained on this website should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the prior written permission of Paramount.
    
2. USE OF WEBSITE. Paramount grants you a limited, non-transferable license to use this website in accordance with this Agreement. You may only use this website to search for apartments; submit rental applications; and to use tools and access content related to those functions. You shall not use this website for any other purposes, and agree, without limiting the foregoing, to the following:
1. You shall not copy, reproduce, republish, upload, post, transmit, distribute, this website and the content in it, including the text, graphics, button icons, digital downloads, data compilations and software, without the written permission of Paramount. Notwithstanding the foregoing, you may display and print the materials presented on this website for your personal, non-commercial use only, provided that you retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and do not alter, obscure or obliterate any such notices.
2. You shall not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the website pages, data or content found on this website, without the prior written permission of Paramount. You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of this website. You shall not take any action that imposes a burden or load on the infrastructure that Paramount deems in its sole discretion to be unreasonable or disproportionate to the benefits Paramount obtains from your use of this website.
3. You are prohibited from:
   
   1. transmitting or otherwise transferring any website pages, data or other content found on this website to any other computer, network, server, website, or other medium for mass distribution or for use in any commercial enterprise
   2. transmitting any incomplete, false or inaccurate biographical information; and
   3. transmitting personal information about others, without their consent.
       
3. PRIVACY. You acknowledge that you have read the Paramount Privacy Policy, the terms of which are incorporated in this Agreement, and agree that the terms of that policy are reasonable. You consent to the collection, use and disclosure of your personal information by Paramount in accordance with the terms of and for the purposes set forth in the Paramount Privacy Policy.
    
4. EXCLUSION OF WARRANTY. PARAMOUNT MAKES NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY INFORMATION, SOFTWARE, RENTAL UNITS (INCLUDING PRICING AND AVAILABILITY), SERVICES AND/OR MATERIALS PROVIDED ON THIS WEBSITE. ALL RENTAL ACCOMMODATIONS ARE PROVIDED ON AN "AS-IS" "WHERE-IS" BASIS. PARAMOUNT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PARAMOUNT DOES NOT PROVIDE AND WARRANIES WITH RESPECT TO:
1. THE ACCURACY, COMPLETENESS, LEGALITY, OPERABILITY, CURRENCY OR RELIABILITY OF THIS WEBSITE OR ANY OF THE SERVICES, CONTENT OR DATA FOUND ON IT;
2. THE ABSENCE FROM THIS WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM PARAMOUNT, OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
3. GOODS, SERVICES OR RENTAL ACCOMMODATIONS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE.
    
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL PARAMOUNT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, OR AGENTS (COLLECTIVELY, ITS " AGENTS") BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, EQUITY, TORT, STRICT LIABILITY, OR OTHERWISE (EVEN IF PARAMOUNT HAS BEEN ADVISED OF THE POSSIBILTY OF DAMAGES), WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS WEBSITE OR ITS CONTENT. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, NEITHER PARAMOUNT NOR ITS AGENTS SHALL BE LIABLE FOR:
1. THE FORM, CONTENT AND ACCURACY OF ANYTHING SUBMITTED TO PARAMOUNT BY YOU;
2. DAMAGES INCURRED BY REASON OF SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE;
3. ANY INFORMATION RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE;
4. THE PERFORMANCE OR NON-PERFORMANCE OF THIS WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THIS WEBSITE;
5. ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OR MISUSE OF, OR BROWSING IN THIS WEBSITE;

If, notwithstanding the foregoing, Paramount or any of its Agents should be found liable for any loss or damage which arises out of or is in any way connected with any of the above-described functions or uses of this website or its content, the liability of Paramount or its Agent (as applicable) shall in no event exceed CND$100.00. You expressly waive your right to participate in a class action suit against Paramount of any of its Agents for any cause of action arising out of this Agreement or your use of this website.

1. FORCE MAJEURE. Without limiting Section 5 of this Agreement, under no circumstances shall Paramount or its Agents be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
    
2. INDEMNIFICATION AND RELEASE. You shall defend and indemnify Paramount and its Agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of Paramount’s limited liability described in this Agreement or by third parties as a result of your use of this website or, without limitation from (a) any material you provide to Paramount on this website, (b) any content that you use on this website, or (c) your breach of the terms of this Agreement. Paramount shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
    
3. LINKS. This website may contain links to other websites from time to time that are provided solely as a convenience to you and the inclusion of any link does not imply an endorsement, verification or investigation by Paramount of the contents of such other websites. Paramount shall not be responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents, data or materials on such websites. If you decide to access other websites, you do so at your own risk.
    
4. USER REPRESENTATIONS AND WARRANTIES. You warrant that you are at least eighteen (18) years of age and possess the legal authority to enter into this Agreement and to use this website in accordance with all terms and conditions in this Agreement. You agree to be responsible for all of your use of this Website (as well as for use of this Website by minors living with you).
    
5. RELATIONSHIP. No partnership, joint venture, fiduciary, employment or agency relationship exits between you and Paramount as a result of this Agreement or your use of this website.
    
6. GOVERNING LAW. Paramount makes no claims that this website may be lawfully viewed or accessed outside of Canada. Access to this website may not be legal by certain persons or in certain countries. If you access this website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of that jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in it and shall in all respects be treated as an Ontario contract, without regard to your actual Province or Country of your residence or where this website is accessed. You irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals from them. Any conflict of laws principle or rule that would impose a law of another jurisdiction for the construction of this Agreement is renounced. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this website must be brought within one (1) year from the date on which such claim or action arose or accrued.
    
7. LEGAL FEES. If Paramount takes any action to enforce this Agreement, it will be entitled to recover from you, and you agree to pay, all reasonable and necessary legal fees and any cost of litigation, in addition to any other relief, at law or in equity, to which it may be entitled.
    
8. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any part of this Agreement will cause irreparable damage to Paramount, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Paramount shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of this Agreement by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Paramount in obtaining such an injunction, including, without limitation, reasonable lawyer's fees. You agree that no bond or other security shall be required in connection with such injunction.
    
9. TERMINATION. Paramount may terminate this Agreement and/or the provision of any of the services (including access to this website), at any time, without notice, for any reason. Such termination shall not affect any right to relief to which Paramount may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Paramount.
    
10. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations under this Agreement. Paramount may assign its rights and obligations under this Agreement without your consent and shall be relieved of any further obligations to you after that assignment.
     
11. MODIFICATION. Paramount may at any time modify this Agreement and your continued use of this website will be conditioned upon the terms and conditions in force at the time of your use.
     
12. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and that determination shall not affect the validity and enforceability of any other remaining provisions.
     
13. HEADINGS. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions in it.
     
14. ENTIRE AGREEMENT. This Agreement, together with any terms and conditions incorporated or referred to in it constitutes the entire agreement between you and Paramount relating to the subject matter in this Agreement, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.