| This Website (the "Website") is an online Real Estate Information
service owned and operated by WebsiteUpgrades.com and licensed to the Licensee. Your use of the Website is subject to your compliance with the acknowledgements, agreements, covenants, terms and conditions set out below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE ACKNOWLEDGEMENTS,
AGREEMENTS, COVENANTS, TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT WISH TO BE BOUND BY THE ACKNOWLEDGEMENTS, AGREEMENTS, COVENANTS, TERMS AND CONDITIONS SET OUT BELOW, DO NOT ACCESS NOR USE THE WEBSITE. WebsiteUpgrades.com RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE WEBSITE. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Website shall be deemed your conclusive acceptance of the modified agreement. By accessing and using the Website, you hereby agree to be bound by the following acknowledgements, agreements, covenants, terms and conditions:
Use of Materials from the Site:
- You may print, copy or download portions of the material presented in the different areas of the Website so long as such portions do not represent a substantial percentage of the material presented in any area and provided that such printing, copying or
downloading is solely for your own personal, non-commercial use.
- Should you print, copy or download any portion of the material presented in the different areas of the Website, you covenant and agree not to remove, change or delete any copyright or proprietary notices from the materials so printed, copied or downloaded.
- You acknowledge and agree that WebsiteUpgrades.com retains the exclusive, worldwide, perpetual ownership and License of the web Website designs and material presented in the Website and in the different areas of the Website and can sub-license, reproduce, distribute, and sell the materials contained in the Website to the public at its own discretion.
- By accessing any portion of the Website, you covenant and agree not to distribute, redistribute, sell, gift or otherwise disseminate the design or layout of the Website, individual elements of the Website design or any of the information found herein. Reproduction, in whole or in part, in any form or medium of the Website, its design or layout, or the information contained herein, without the express written permission of
WebsiteUpgrades.com is prohibited.
- By accessing any portion of the Website, you acknowledge and agree that any printing, copying, misuse, sale, or other distribution of the design, layout or information contained in the Website will result in damage to WebsiteUpgrades.com and the Licensee of this Website which cannot be adequately compensated by monetary damages alone. You hereby
acknowledge and agree that, in the event of misuse by you of anything to do with the Website, WebsiteUpgrades.com and the Licensee of this Website are entitled to a court injunction to stop your further such use obtained without notice to you. Nothing contained herein limits or affects in any way the rights of WebsiteUpgrades.com and the Licensee of this Website to pursue you for monetary damages for such misuse.
Warranties:
- While WebsiteUpgrades.com and the Licensee of this Website use reasonable efforts to include accurate and up-to-date information on the Website, WebsiteUpgrades.com and the Licensee of the Website make no representations as to the accuracy, timeliness or completeness of that information and you should not
rely upon it. In using this Website, you agree that its information and services are provided "as is, as available" without warranty, expressed or implied, and that you use the Website and the information contained within it entirely at your own risk.
- WebsiteUpgrades.com and the Licensee of this Website do not warrant the accuracy or completeness of the information and materials
on the Website. The materials and information on the Website may be out of date and WebsiteUpgrades.com and the Licensee of this Website make no commitment to update the materials and information on the Website.
- You acknowledge and agree that, to the fullest extent permissible pursuant to applicable law, WebsiteUpgrades.com and the Licensee of this Website disclaim all warranties, express
or implied, including but not limited to implied warranties of marketability, merchantability, accuracy and fitness for a particular purpose.
- WebsiteUpgrades.com and the Licensee of this Website do not warrant that the functions, links, information or other items contained in the materials or on the Website will be uninterrupted or error-free, nor do they warrant that any defects will be
corrected, whether they are aware of such defects or not, nor that the Website or the server upon which it is made available are free of viruses or other components harmful to you, your computer software or hardware.
- WebsiteUpgrades.com and the Licensee of this Website do not warrant nor make any representations regarding the use or the results of the use of the materials and information on
this Website in terms of their correctness, accuracy, reliability or in any other terms.
Liabilities:
- You further acknowledge and agree that WebsiteUpgrades.com and the Licensee of this Website, and any other persons who may have been involved in creating, modifying and delivering
the Website's contents have no liability to you or anyone else for direct, indirect, incidental, punitive or consequential damages or damages of any kind whatsoever with respect to the information, services, content or advertisements contained on or otherwise accessed through the Website.
- Under no circumstances including, but not limited to, negligence shall WebsiteUpgrades.com or the
Licensee of this Website be liable for any special or consequential damages that result from the use of or the inability to use the materials and information on this Website, even if WebsiteUpgrades.com or the Licensee of this Website have been advised of the possibility of such damages.
- If, by the application of applicable law, WebsiteUpgrades.com or the Licensee of this Website should be
held in any way liable for any such damages suffered by you despite the limitations and waivers of liability contained herein, in no event shall the total liability of WebsiteUpgrades.com or the Licensee of this Website to you for all damages, losses, and causes of action (whether in contract, tort [including but not limited to negligence] or otherwise) exceed the amount paid by you, if any, for accessing the Website.
Links to Other websites:
- The Website contains "links" to third-party web sites. These links are provided solely as a convenience to you. The linked sites are not under the control of WebsiteUpgrades.com or the Licensee of this Website and WebsiteUpgrades.com and the Licensee of this Website are not responsible
for the material, information, contents, depictions or other inclusions in any such linked web site.
- The inclusion of a link to a third-party site does not imply endorsement of the linked site by WebsiteUpgrades.com or the Licensee of this Website. Neither WebsiteUpgrades.com nor the Licensee of this Website have reviewed the contents of such linked third-party sites nor are they
responsible or liable for any of such sites of their contents.
- WebsiteUpgrades.com and the Licensee of this Website make no representations or warranties concerning the linked third-party sites nor do they endorse the information, advice, materials or products found there.
- WebsiteUpgrades.com
and the Licensee of this Website shall not be liable for any damages or costs arising out of or in any way connected to your use of any of the information, material, products, services or companies accessed through the Website or via third party sites. If you decide to access any of the linked third-party sites through the Website, YOU DO SO ENTIRELY AT YOUR OWN RISK.
- All such linked
third-party sites are linked to the Website in "as is, as available" condition with no representation made by WebsiteUpgrades.com or the Licensee of this Website concerning authorization or permission or ability or continued ability to link to these sites.
Jurisdiction and Enforcement:
- This agreement and terms of use shall be governed and construed according to the laws of the Province of Ontario, Canada. You agree that any legal action or proceeding between the parties of this agreement for any purpose concerning this agreement or the relationship between the parties which it creates and represents or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in
the Province of Ontario. Any cause of action or claim that either party may have against the other with respect to this product or service must be commenced within one (1) year after the claim or cause of action arose or such claim or cause of action is barred as out of time.
- Any decision by WebsiteUpgrades.com not to insist upon or enforce strict performance of any provision of this
Agreement shall be without prejudice to WebsiteUpgrades.com's right to enforce the clauses of this Agreement strictly and it shall not be construed as a waiver of any provision or right. Neither the course of conduct of the parties nor trade practice shall act to modify any provision of this Agreement. @
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