CondoAdvisory.com Terms and Conditions of Use
CONDOADVISORY,
("CONDOADVISORY") PROVIDES THIS WEB SITE (THE "SITE") TO
YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THESE "SITE
TERMS"). PLEASE READ THESE SITE TERMS CAREFULLY BEFORE USING THIS WEB
SITE. BY ACCESSING OR USING THIS WEB SITE, YOU EXPLICITLY AGREE TO COMPLY WITH
AND BE BOUND BY THESE SITE TERMS AND ALL TERMS, POLICIES AND GUIDELINES
INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF
THESE SITE TERMS, DO NOT USE THIS WEB SITE.
These
Site Terms do not alter in any way the terms or conditions of any other
agreement you may have with CondoAdvisory or its affiliates for products,
services or otherwise. CondoAdvisory reserves the right to change or modify any
of the terms and conditions contained in these Site Terms, or any policy or
guideline of the Site, at any time and in its sole discretion. Unless otherwise
specified, any changes or modifications will be effective immediately upon
posting of the revisions on the Site, and your continued use of the Site will
constitute your acceptance of such changes or modifications. You should review
the Site Terms and its incorporated policies and documents from time to time to
understand the terms and conditions that apply to your use of the Site. If you
do not agree to any amended terms, you must stop using the Site.
The opinions expressed on the site from the users are in no way the opinions of
CondoAdvisory, CondoAdvisory’s associates, subsidiaries, and partners.
Privacy Policy
Please
refer to CondoAdvisory's Privacy Policy for information on how CondoAdvisory collects, uses and discloses personally identifiable information from its users.
Pricing Terms and
Conditions
CondoAdvisory
is not a real estate brokerage, property management company,
or a real estate developer and does not charge service fees to users of the
Site.
CondoAdvisory
makes no guarantees for any availability or prices advertised on our site.
Ownership and
Copyright
Except
as otherwise indicated, the Site, and all text, images, marks, logos and other
content contained herein, including, without limitation, the CondoAdvisory logo
and all designs, text, graphics, pictures, information, data, software, sound
files, video files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the "Site
Content") are the proprietary property of CondoAdvisory or its licensors
or users and are protected by international copyright laws. The Site and all
Site Content is (C) 2008 CondoAdvisory All Rights Reserved.
Trademarks
CONDOADVISORY, the magnifying glass logo and all other
product or service names or slogans displayed on the Site are registered and/or
common law trademarks of CondoAdvisory and/or its suppliers or licensors, and
may not be copied, imitated or used, in whole or in part, without the prior
written permission of CondoAdvisory or the applicable trademark holder. In
addition, the look and feel of the Site, including all page headers, custom
graphics, button icons and scripts, is the service mark, trademark and/or trade
dress of CondoAdvisory and may not be copied, imitated or used, in whole or in
part, without the prior written permission of CondoAdvisory. All other
trademarks, registered trademarks, product names and company names or logos
mentioned in the Site are the property of their respective owners. Reference to
any products, services, processes or other information, by trade name,
trademark, manufacturer, supplier or otherwise does
not constitute or imply endorsement, sponsorship or recommendation thereof by
CondoAdvisory.
Hyperlinks
You
are granted a limited, non-exclusive right to create a text hyperlink to the
Site for noncommercial purposes, provided such link does not portray
CondoAdvisory or any of its products or services in a false, misleading,
derogatory or otherwise defamatory manner and provided further that the linking
site does not contain any adult or illegal material or any material that is
offensive or has offensive language, harassing or otherwise objectionable. This
limited right may be revoked at any time. You may not use a CondoAdvisory logo
or other proprietary graphic of CondoAdvisory to link to the Site without the
express written permission of CondoAdvisory.
Further,
you may not use, frame or utilize framing techniques to enclose any
CondoAdvisory trademark, logo or other proprietary information, including the
images found at the Site, the content of any text or the layout/design of any
page or form contained on a page on the Site without CondoAdvisory's express
written consent. Except as noted above, you are not conveyed
any right or license by implication, estoppel or otherwise in or under any
patent, trademark, copyright or proprietary right of CondoAdvisory or any third
party. Nothing contained on the Site may be construed as granting, by
implication, estoppel or otherwise, any license or right to use any patent,
trademark, copyright or other proprietary right of CondoAdvisory or any third
party without the prior written permission of CondoAdvisory or such other party
that may own such patent, trademark, copyright or other proprietary right(s).
The
Site may contain links to third-party Web sites ("Third-Party Sites")
and third-party content ("Third-Party Content") as a service to those
interested in this information. You use links to Third-Party Sites, and any
Third-Party Content therein, at your own risk. CondoAdvisory does not monitor
or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. CondoAdvisory
provides these links only as a convenience, and a link to a Third-Party Site or
Third-Party Content does not imply CondoAdvisory's endorsement, adoption or
sponsorship of, or affiliation with, such Third-Party Site or Third-Party
Content. CondoAdvisory accepts no responsibility for reviewing changes or
updates to, or the quality, content, policies, nature or reliability of,
Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When
you leave the Site, our terms and policies no longer govern. You should review
applicable terms and policies, including privacy and data gathering practices,
of any Third-Party Site, and should make whatever investigation you feel
necessary or appropriate before proceeding with any transaction with any third
party.
Rights to User
Content
By
posting or distributing Content to or through the Site, unless we indicate
otherwise, you (a) grant CondoAdvisory and its affiliates a nonexclusive,
royalty-free, perpetual, transferable, irrevocable and fully sublicensable
right to use, reproduce, modify, adapt, translate, distribute, publish, create
derivative works from and publicly display and perform such Content throughout
the world in any media, now known or hereafter devised; (b) grant CondoAdvisory
and its affiliates and sublicensees the right to use the name that you submit
in connection with such Content, if they choose; and (c) represent and warrant
that (i) you own and control all of the rights to the Content that you post or
otherwise distribute, or you otherwise have the lawful right to post and
distribute such Content to or through the Site; (ii) such Content is accurate
and not misleading; and (iii) use and posting or other transmission of such
Content does not violate these Site Terms and will not violate any rights of or
cause injury to any person or entity. You further grant CondoAdvisory the right
to pursue at law any person or entity that violates your or CondoAdvisory's
rights in the Content by a breach of these Site Terms.
Content
submitted by users will be considered non-confidential and CondoAdvisory is
under no obligation to treat such Content as proprietary information. Without
limiting the foregoing, CondoAdvisory reserves the right to use the Content as
it deems appropriate, including, without limitation, deleting, editing,
modifying, rejecting, or refusing to post it. CondoAdvisory is under no
obligation to offer you any payment for Content that you submit or the
opportunity to edit, delete or otherwise modify Content once it has been submitted
to CondoAdvisory. CondoAdvisory shall have no duty to attribute authorship of
Content to you, and shall not be obligated to enforce any form of attribution
by third parties.
If
it is determined that you retain moral rights (including rights of attribution
or integrity) in the Content, you hereby declare that (a) you do not require
that any personally identifying information be used in connection with the
Content, or any derivative works of or upgrades or updates thereto; (b) you
have no objection to the publication, use, modification, deletion and
exploitation of the Content by CondoAdvisory or its licensees, successors and
assigns; (c) you forever waive and agree not to claim or assert any entitlement
to any and all moral rights of an author in any of the Content; and (d) you
forever release CondoAdvisory, and its licensees, successors and assigns, from
any claims that you could otherwise assert against CondoAdvisory by virtue of
any such moral rights.
Advertisements
and Promotions
CondoAdvisory
may run advertisements and promotions from third parties on the Site. Your
business dealings or correspondence with, or participation in promotions of,
advertisers other than CondoAdvisory, and any terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
third party. CondoAdvisory is not responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of third-party advertisers on the Site.
Infringer Policy
CondoAdvisory
has adopted a policy of terminating, in appropriate circumstances and at
CondoAdvisory's sole discretion, subscribers or account holders who are deemed
to be repeat infringers. CondoAdvisory may also at its sole discretion limit
access to the Site and/or terminate the accounts of any users who infringe any
intellectual property rights of others, whether or not there is any repeat
infringement.
Registration
Data; Account Security
You
agree to (a) provide accurate, current and complete information about you as
may be prompted by any registration forms on the Site ("Registration
Data"); (b) maintain the security of your password; (c) maintain and
promptly update the Registration Data, and any other information you provide to
CondoAdvisory, and to keep it accurate, current and complete; and (d) accept
all risks of unauthorized access to the Registration Data and any other
information you provide to CondoAdvisory.
WARRANTY
DISCLAIMER
EXCEPT
AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CONDOADVISORY, THE SITE,
THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION
THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CONDOADVISORY EXPRESSLY
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, CONTENT AND
MATERIALS ON THE SITE. CONDOADVISORY DOES NOT REPRESENT OR WARRANT THAT
MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT
OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE
ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT OR ANY PORTION
THEREOF.
CONDOADVISORY
IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING,
TEXT OR PHOTOGRAPHY. WHILE CONDOADVISORY ATTEMPTS TO MAKE YOUR ACCESS TO AND
USE OF THE SITE AND THE SERVICES SAFE, CONDOADVISORY CANNOT AND DOES NOT
REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED
SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
LIMITATION OF
LIABILITY
YOU
WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE
WHATSOEVER AGAINST CONDOADVISORY, ITS AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING
TO YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED
IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR
ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED
INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT CONDOADVISORY HAS OR SHOULD
INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR
ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE
SITE AT YOUR OWN RISK.
WITHOUT
LIMITATION OF THE FOREGOING, NEITHER CONDOADVISORY NOR ANY PARTIES PROVIDING
SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF
USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT
(INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE
MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT
LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE
CONTENT OR OTHER INFORMATION OBTAINED FROM CONDOADVISORY OR ACCESSIBLE VIA THE
SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION
OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY
FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO
CONDOADVISORY'S RECORDS, PROGRAMS OR SERVICES.
IN
NO EVENT SHALL THE AGGREGATE LIABILITY OF CONDOADVISORY, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED),
PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING
TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO
CONDOADVISORY FOR ACCESS TO OR USE OF THE SITE.
BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
Applicable Law
and Venue
The
Site (excluding Third-Party Sites) is controlled by CondoAdvisory and operated
by CondoAdvisory from its offices in and around Burnaby, British Columbia,
Canada. While CondoAdvisory has made no
effort to publish the Site elsewhere, the Site is accessible in all of North
America and in other countries. You and CondoAdvisory both benefit from
establishing a predictable legal environment in regard to the Site. Therefore,
you and CondoAdvisory explicitly agree that all disputes, claims or other
matters arising from or relating to your use of the Site will be governed by
the laws of British Columbia, Canada, without regard to its conflicts of law
principles. You agree that all claims you may have against CondoAdvisory
arising from or relating to the Site will be heard and resolved in a court of
competent subject matter jurisdiction located in British Columbia, Canada. You
consent to the personal jurisdiction of such courts over you, stipulate to the
fairness and convenience of proceeding in such courts, and covenant not to
assert any objection to proceeding in such courts. If you choose to access the
Site from locations other than British Columbia, Canada, you will be
responsible for compliance with all local laws of such other jurisdiction. YOU AND CondoAdvisory AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE CondoAdvisory WEBSITE MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
Termination/Modification
of License and Site Offerings
Notwithstanding
any provision of these Site Terms, CondoAdvisory reserves the right, without
notice and in its sole discretion, without any notice or liability to you, to
(a) terminate your license to use the Site, or any portion thereof; (b) block
or prevent your future access to and use of all or any portion of the Site,
Site Content or Services; (c) change, suspend or discontinue any aspect of the
Site, Site Content or Services; and (d) impose limits on the Site, Site Content
or Services.
Severability
If
any provision of these Site Terms shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from these
Site Terms and shall not affect the validity and enforceability of any
remaining provisions.
In Other Words
The information about condominium buildings and property developers is not deemed 100% accurate or correct. The reviews and ratings are not the opinions of CondoAdvisory.com, nor are they confirmed facts. They are the opinions of the users. You are encouraged to form your own opinions and conclusions.
Questions and
Comments
If
you have any questions regarding these Site Terms or your use of the Site,
please submit them to us by using our online form [LINK].