Terms of Use

TERMS OF USE (THE “Terms” or “Agreement”)

 

Welcome to SandyHill.ca. Please read this agreement carefully as the following conditions govern your use of this website

 

YOUR ACCEPTANCE OF THIS AGREEMENT:

 

  1. Parties: This is the Agreement between you and all Persons you represent (“Person” includes natural persons and any type of incorporated or unincorporated entity) and Sandy Hill Construction Ltd., its licensors and its licensees (the “Corporation”) regarding your access to and use of this website and all services, products, content and information available on or through this website (collectively, the “Website”).

 

  1. Acceptance: Each time you access the Website you confirm your acceptance to be bound by this Agreement as then updated, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any Person you purport to represent. If you do not agree with any or all of the provisions of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the Person you represent, you may not access or use the Website.

 

  1. Additional Terms: Additional terms may apply to your use of specific features or services. Where additional terms apply, those terms will be accessible to you or shown to you. You agree to read and be bound by those additional terms. If those additional terms conflict with these Terms, those additional terms will take precedence over these Terms in the context of your use of the feature or service to which they pertain.

 

  1. Amendments: Corporation may, from time to time and in its sole discretion, change this Agreement as it relates to future use of the Website, by posting a revised Agreement on this Website.  By using the Website after this revised Agreement has been posted, you accept to be bound by the revised Agreement.  You may not change this Agreement in any manner.

 

PRIVACY POLICY

 

  1. Please make sure to review our Privacy Policy, which governs the collection, use and disclosure of any personal information you may provide.

 

YOUR LOGIN NAMES AND PASSWORDS

 

  1. User Information: Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively “User Information“) by Corporation or its authorized licensees.  For the purposes of accessing the Website, the User Information remains the property of Corporation and may be cancelled or suspended at any time by Corporation in its discretion without any notice or liability to you or any other Person.

 

  1. Reliance on User Information: Corporation is not under any obligation to verify the actual identity or authority of any person using User Information to access and use the Website.  Corporation may act upon any communication that is given with the use of the User Information.  Corporation may in its discretion at any time require additional proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Corporation is not satisfied with such proof.

 

  1. Confidentiality of User Information: If you have been issued User Information:(a) you will keep the User Information secure and confidential at all times and not disclose the User Information to any Person (other than Corporation and its licensees) or permit any other Person to use the User Information;   (b) you are fully responsible and liable for the security of the User Information and any and all use and misuse of the User Information, which includes but is not limited to anything posted by others who may gain access to your User Information; (c) you will ensure that all uses of the User Information comply with this Agreement; and (d) you will immediately notify Corporation if you know or suspect that any User Information have been lost or stolen or become known to or used by any other person. Without limiting the generality of the foregoing, the Corporation is not responsible for any loss or damage arising from your failure to keep the User Information secure.

 

  1. Accuracy: All information you provide through this Website, including account and registration information, payment information, and transaction-related information, must be true, accurate, current and complete.  The Corporation and other users will rely on the information you provide.  You will be solely responsible and liable for any and all loss, damage, and additional costs that you, the Corporation or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

 

PERSONAL USE ONLY

 

ACCESSING AND BROWSING THE WEBSITE

 

  1. Lawful Use: You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.

 

  1. Intellectual Property: All rights in the design, source code, and appearance of the Website, and all of the materials and content made available through the Website are owned by or licensed to Corporation. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, reproduction, uploading, posting, transmission, modification, indexing, cataloging, mirroring, redistribution, use or publication by a anyone of any such content or any part of the Website, except as allowed by Section 12, is strictly prohibited. You do not and cannot acquire ownership rights to any content or document obtained through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

 

  1. Limited Right To Use: The viewing or downloading of any content, form or document grants you only a limited, non-exclusive license for personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced other than for your personal use (but not for resale or redistribution), provided that you do not alter the content. You may not access the Website, or attempt to collect or index its content in any form or incorporate into any information retrieval system, electronic or mechanical (which includes but is not limited to scripts, bots, spiders, etc.). Without limiting the foregoing, you further agree not to harvest or otherwise collect information about others, including email addresses, without their consent or bypass measures used to prevent or restrict access to the Website.

 

  1. Abuse of Website: The Corporation, in its sole discretion, may limit or terminate its service, remove hosted content and take technical and legal steps to keep users off the Website if it thinks that they are creating problems or acting inconsistently with the letter or spirit of this Agreement or any of its policies. However, whether it decides to take any of these steps, remove hosted content or keep a user off the Website or not, it does not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by users.

CONTENT SUBMISSION

 

  1. Content Submission: You may submit property descriptions, photographs, images, videos (which may include sound and/or music), graphics and financial, contact or other information (collectively, the “Submitted Content”) for each listing on the Website.

 

In submitting any content you represent and warrant that you will not:

  • violate any laws;
  • be false or misleading;
  • submit any property listings under a name other than the name of (1) the owner or (2) a licensed real estate agent with an executed listing agreement with the owner;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm the Website or the interests or property of the Corporation, the Website and its users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of the Website;
  • copy, modify, or distribute any other person’s content;
  • post anything that may be defamatory, incorrect, false, misleading, malicious, threatening, abusive, harmful, obscene, offensive, slanderous, racist, libelous, or otherwise objectionable

 

The Corporation may remove, modify or delete user submissions, which appear to breach these Terms.

 

  1. License: When you submit content, you are granting the Corporation a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright (which includes but is not limited to reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content, in whole or part, and/or to incorporate it in other works in any form, media, or technology now known or later developed), publicity and database rights to that content.

 

MODERATION OF SUBMITTED CONTENT

 

  1. Moderation: Submitted content may be subject to moderation prior to publication or any time thereafter. You understand that there is no obligation to moderate any content on the website.

 

  1. Use of Information on Website: You are solely responsible for the content you submit and understand that the content you see on the Website may not have been reviewed by the Corporation.

 

The Corporation does not guarantee the accuracy, endorse or recommend any of submitted content or user communications or the quality, safety, or legality of what is offered. It is your responsibility to determine if the content is reliable and accurate.

 

Any advertisements, opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including our advertisers, service providers or other users, are those of their respective author or distributor and not those of the Corporation. You agree that the Corporation shall not be held liable to you or to any third party for the actions of users of the Website, or for your use of or reliance on any user generated content, listings, third party advertisement or other third party content.

 

The Corporation may provide market information, including Market Trend Reports. You understand that these are provided solely for informational purposes, and do not constitute real estate, legal, tax, accounting, or other professional advice. Before using any information provided by the Corporation, you should consult an appropriate professional. You agree that it is your responsibility to verify the accuracy, quality, safety, and legality of the information and that the Corporation shall not be held liable to you or to any third party for relying on any said information.

 

BROKERS AND AGENTS

 

  1. If you identify yourself as a broker or agent on the Website registration form or otherwise purports to be a broker or an agent on the Website, you hereby represent and warrant that you hold a valid license and are operating in compliance with applicable laws and regulations in all jurisdictions in which you operate or offer services.

 

  1. The Corporation does not and shall not have any obligation to verify the standing of individuals identified as brokers and/or agents on the Website. It is your responsibility to confirm the licensed status of any broker and/or agent listed on the Website and the Corporation shall not be liable for any losses or damages relating to the use of any broker and/or agent, or any person purporting to be a broker and/or an agent. The Corporation may, in its sole discretion however, verify the standing of any broker or agent, remove from the list any such agent or broker which the Corporation believes is not licensed in an applicable jurisdiction. The Corporation may, in its sole discretion, terminate the accounts of, and refuse services to, any person who misrepresents his/her status as a licensed broker or agent.

 

DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS

 

  1. Disclaimers: YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY THE CORPORATION TO THE FULLEST EXTENT PERMITTED BY LAW.

 

You understand that the Corporation cannot be held responsible for Submitted Content, provided market information or for content provided by third parties, including our service providers and advertisers. It is your responsibility to determine whether content made available through the Website is accurate and/or reliable. The Corporation does not endorse any information posted to or available through the Website, including listings, and content posted by the Corporation’s software, contractors, or employees. To the extent permissible by law, the Corporation disclaims all liability for the accuracy, reliability, unsuitability for any particular purpose, or noncompliance with any applicable law, of anything posted to, or linked from the Website.

 

You do not and shall not obtain or have any proprietary rights in the Website or your user account. You do not have a right to uninterrupted access to the Website, and you have no right to storage of or deletion of any content or data you submit to the Website. Notwithstanding any other provision of this Agreement, the Corporation may, at its sole discretion and without notice:

 

  1. add, delete, limit, modify or disable Website features, content or functionality; and
  2. temporarily or permanently shut down, limit, suspend or discontinue the Website, your user account, or your access to the Website, for any reason, including for breach of these Terms.

 

The Corporation cannot be held liable for any outages or for the deletion of any data.

 

  1. Liability Exclusions: YOU AGREE THAT THE CORPORATION WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY REASON IN CONNECTION WITH YOUR USE OF, RELIANCE UPON, OR INABILITY TO USE THE WEBSITE OR ANY OF ITS FEATURES OR FUNCTIONALITY OR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CORPORATION CANNOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY, REGARDLESS OF ANY FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY THE CORPORATION OR ANY PERSON FOR WHOM THE CORPORATION IS RESPONSIBLE, AND EVEN IF THE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

 

INDEMNIFICATION

 

  1. You agree to indemnify and hold harmless the Corporation, its partners, members, shareholders, officers, directors, employees, consultants, service providers, and agents against any and all costs, damages or losses (including, without limitation, reasonable legal fees) as a result of your use of the Website, your violation of these Terms, your reliance on any information found on the Website, or your infringement of any intellectual property or other rights of the Corporation or any other person.

 

CORRESPONDENCE

 

  1. Confidentiality: You acknowledge that the Internet is not a secure means of communication and as such, you recognize that the privacy, integrity and authenticity of any communication over the Internet cannot be ensured. As such, the Corporation cannot be held responsible for any damages you may suffer as a result of communications over the internet.

 

  1. Form and content: You acknowledge and grant the Corporation the permission to communicate with you via any and all provided forms of communication, including email, and for any purposes the Corporation determines to be relevant. Should you decide not to subscribe to marketing and promotional communications, the Corporation will use best efforts to honor your request, but under no circumstances will the Corporation have any liability for sending any email to its registered users/customers.

 

  1. Recording of Communications: In registering with the Website, you acknowledge and agree that the Corporation, may record telephone and other electronic communications it has with you for the Corporation’s business purposes, including but not limited to training and quality assurance purposes.

 

THIRD PARTY WEBSITE

 

  1. Links to Other Web Sites: This site contains links to other Web sites. We are not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by the Corporation. Inclusion of any linked Web site does not imply approval or endorsement of the linked Web site by the Corporation. If you decide to leave our site and access these third party sites, you do so at your own risk.

 

COPYRIGHT COMPLAINTS

 

  1. The Corporation respects the intellectual property of others, and the Corporation asks its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Website, with identifying information for the listing, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Address for copyright agent:       5756 Trudeau Avenue, Vars, Ontario, K0A-3H0, Canada

Attn: Bronwen Leonard

Email: [email protected]

 

We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.

 

 

DISPUTE RESOLUTION:

 

  1. Arbitration: Any dispute between you and the Corporation or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively “Disputes”) will be resolved solely by confidential binding arbitration by a single arbitrator in accordance with the Canadian Arbitration Association and to be held in Ottawa, Ontario pursuant to the laws of the Province of Ontario, Canada and applicable federal laws of Canada.

 

  1. Jurisdiction: This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada applicable therein and the parties here irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario.

 

GENERAL

 

  1. Assignment: This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by you without the prior written consent of the Corporation, which retains the right to withhold consent in its sole discretion.

 

  1. Non Waiver: Any rights not expressly granted by this Agreement are reserved to the Corporation. No consent or waiver by the Corporation to or of any breach or default by you in your performance of your obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other of your obligations; or (b) effective unless in writing and signed by the Corporation.

 

  1. Severability: If any provision of this Agreement is held to be invalid or unenforceable for any reason, then those provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect.

 

  1. Notices: Unless otherwise provided for in this Agreement, all notices to the Corporation must be in writing and must be sent via registered mail, certified mail, or overnight mail and addressed to :

 

 

Address

Person

 

  1. To make legally applicable: Nothing in these Terms shall be interpreted to prevent the Corporation from taking any action required to comply with any applicable legal requirement.

 

  1. Termination: If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and the Corporation will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.

 

  1. Language: The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais

 

  1. Headings: The division of this Agreement into articles and sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.

 

  1. Entire Agreement: The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.