1. Your use of the Site
(a) The Site and the Services contains text, graphics, logos, icons, and other materials (Site Content) furnished by PVS. The Site Content is protected under copyright, trade-mark, and other intellectual property laws of Canada, the United States and other nations. All Site Content, including the collection, arrangement, and assembly of such content, is the exclusive property of PVS and its licensors. You may not sell, reproduce, distribute, modify, display, prepare derivative works based on, re-post or otherwise use any of the Site Content in any way for any public or commercial purpose without the prior written consent of PVS.
(b) Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark displayed on this Site. The Property Vista or LeadManaging name and logo are trade-marks of PVS. Any and all other trade-marks contained in the Site belong to their respective owners.
(c) You understand and agree that the Site is provided AS-IS and that PVS assumes no responsibility for the timelines, truthfulness, accuracy, reliability or completeness of any information made available to You through the Site or for the misdelivery of any information extracted or downloaded by You.
2. CONDUCT AND USE OF THE SITE AND THE SERVICES
(a) You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not PVS, are entirely responsible for all Content that You upload, post, email, transmit or otherwise make available via the Site and/or the Services.
(c) PVS does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PVS be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site and/or the Services.
(e) You agree not to upload survey links to message boards or newsgroups without PVS's express permission.
(f) You agree to not use the Site or the Services to:
(i) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) harm minors in any way;
(iii) impersonate any person or entity, including, but not limited to, a PVS official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iv) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(v) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(vi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
(vii) interfere with or disrupt the Site and/or the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site and/or Services;
(viii) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Ontario Securities Commission, the Canadian Securities Administrators, the United States Securities and Exchange Commission; any rules of any national or other securities exchange, including, without limitation, the Toronto Stock Exchange, the New York Stock Exchange, the American Stock Exchange or the NASDAQ; and any regulations having the force of law.
(a) E-mail and Prohibited Content
(i) Email messages sent in connection with the Site and/or the Services must contain an "unsubscribe" link. You acknowledge and agree that You will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from any email invitation.
(ii) You will actively manage and process unsubscribe requests received by You directly within ten (10) days of submission, and update your email lists and address books to reflect the unsubscribe requests. You are responsible for ensuring that during use of the Site and/or the Services Your email messages do not generate a number of spam complaints in excess of industry standards. If PVS determines that your level of spam complaints is higher than industry standards, PVS, in its sole discretion, has the right to terminate Your use of its Services.
(b) Permission Lists Only
(i) PVS has a zero-tolerance spam policy. You will be denied access to the Site and/or the Services for sending unsolicited email messages. Recipients must have opted in to receiving email communications from You, the sender. You can only use PVS to send emails to lists of recipients that have given You permission to email them.
(ii) The use of third-party, purchased, rented, or harvested mailing lists is prohibited. PVS will terminate Your use of the Site and/or the Services if You violate this prohibition.
(iii) You can not use the Site and/or the Services to email newsgroups, message boards, distribution lists, or unsolicited email addresses.
(iv) You agree that you will not utilize the Site and/or the Services to send any commercial electronic mail messages to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from You or another party on whose behalf You may be commissioned.
4. COPYRIGHT LAWs
(a) The Services are licensed, not sold. All title and copyrights in and to the Site and the Services are owned by PVS or its suppliers.
(b) All title and intellectual property rights in and to the Site Content which may be accessed through use of the Site and/or the Services are the property of the respective Site Content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.
(c) In the event of any dispute between You and a third party in respect of any alleged copyright infringement arising from Your use of Site Content via the Site and/or the Services (a Dispute or Disputes), You hereby release and agree to hold harmless PVS, its directors, officers, shareholders, advisors, agents and employees, from any and all claims, demands and damages (whether actual, consequential, undisclosed, disclosed or otherwise) arising out of or in any way connected with such Disputes.
5. COMPLIANCE WITH APPLICABLE LAWS
(b) You also agree not to intentionally or unintentionally violate any applicable local, state, provincial, federal, national, or international law, including, but not limited to, regulations promulgated by the Ontario Securities Commission, the Canadian Securities Administrators, the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the Toronto Stock Exchange, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
6. MODIFICATIONS TO the site and the SERVICEs
(a) PVS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and/or the Services (or any part thereof) with or without notice. You agree that PVS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
(b) You agree that PVS has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that PVS reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that PVS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
(a) PVS makes no claims or representations about any website not under PVS's control that You may access from the Site and/or the Services by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by PVS or otherwise accessible from the Site and/or the Services does not constitute PVS's endorsement, recommendation, or acceptance of any responsibility for the Site Content of that Linked Site or the operators of that Linked Site.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND YOU EXPRESSLY AGREE THAT:
(a) EVERYTHING ON THE SITE AND IN THE SERVICES, IS PROVIDED TO YOU AS IS AND AS AVAILABLE WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITPVSS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
(b) FOR GREATER CLARITY, PVS MAKES NO REPRESENTATIONS, WARRANTIES AND CONDITIONS REGARDING THE SITE CONTENT CONTAINED ON THIS SITE OR THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AND CONDITION AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE SITE CONTENT OR ANY CONTENT MADE AVAILABLE THROUGH THE SITE AND THE SERVICES, RESPECTIVELY, FOR ANY PURPOSE.
(c) PVS MAKES NO REPRESENTATIONS, WARRANTIES AND CONDITIONS THAT (I) THE SITE, SITE CONTENT, CONTENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SITE CONTENT, CONTENT OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SITE CONTENT AND CONTENT OBTAINED BY YOU THROUGH THE SITE OR THE SERVICES, RESPECTIVELY, WILL MEET YOUR EXPECTATIONS; AND (IV) YOUR USE OF THE SITE, SITE CONTENT, CONTENT OR THE SERVICES WILL NOT VIOLATE COPYRIGHT LAWS IN OTHER JURISDICTIONS OR THE RIGHTS OF THIRD PARTIES.
(d) ANY SITE CONTENT AND CONTENT DOWNLOADED, EXTRACTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES, RESPECTIVELY, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PVS OR THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY MADE HEREIN.
(f) Aggregated Data Use. PV owns the aggregated and statistical data derived from the operation of the Service, including, without limitation, the number of records in the Service, the number and types of transactions, configurations and reports processed in the Service and the performance results for the Service (the â€œAggregated Dataâ€). Nothing herein shall be construed as prohibiting PV from utilizing or disclosing the Aggregated Data for purposes of operating PVâ€™s business, provided that PVâ€™s use of Aggregated Data will not reveal the identity, whether directly or indirectly, of any individual.
9. LIMITATION OF LIABILITY
(a) THE SERVICES IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITE AND/OR THE SERVICES. PVS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AND/OR SERVICES. AT ANY TIME, PVS CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELIPVSS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE SITE CONTENT AND THE SERVICES, CONTAINED WITHIN THE SITE AND/OR THE SERVICES, FOR ANY PURPOSE. ALL SUCH SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PVS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ITS SITE AND/OR SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITPVSS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT PVS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, ANY CONTENT SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE AND/OR SERVICES. YOU SPECIFICALLY AGREE THAT PVS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PVS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITE AND/OR SERVICES BY ANY THIRD PARTY.
(d) You expressly understand and agree that in no event shall PVS, its directors, officers, shareholders, employees, agents or advisors be liable to You for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, Content or other intangible losses (even if PVS has been advised of the possibility of such damages under contract, warranty, negligence, strict liability or any other theory), resulting from: (i) the use or the inability to use the Site, Site Content or Content or the Services; (ii) any third party claims resulting from the use by You of the Site and/or the Services; or (iii) any other matters relating to the Site, Site Content, Content or the Services.
12. NO AGENCY; THIRD PARTY BENEFICIARY
14. NO WAIVER
15. GOVERNING LAW
16. ENTIRE AGREEMENT
B. Property Vista's LeadManaging Module
1. LMS general users
(a) To view and/or use a demonstration of the LMS, You must provide true, accurate and complete registration information. As part of the registration process, You will be asked to select a username and password and You will be responsible for all activities occurring under Your username and for keeping Your password secure. Your username and password will allow for access to view and/or use a demonstration of the LMS only.
(b) You agree to (a) immediately notify PVS of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. PVS cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. PVS reserves the right to monitor, reject, suspend or delete Your username and password for any reason whatsoever, in its sole discretion.
(c) Once You have a registered username and password, You may view and/or use a demonstration of the LMS (a General User or collectively, General Users). As a General User, You are limited to viewing the content of the LMS and/or using a demonstration of the LMS.
(d) PVS reserves the right, in its sole discretion, to prevent access to the LMS to any General User if the General User violates the Terms or Use or for any reason whatsoever.
(e) On providing reasonable notice to PVS, a General User may: (i) request removal of his or her personal information by contacting the Client (as defined in the LMS Client License Agreement (LMS CLA)) or if necessary, by emailing PVS at support@discoverPVS.com.
2. LMS - CLIENTS
(a) To obtain a license to use the LMS, You must sign up and submit the PVS Order Form. The signed LMS Order Form must be agreed to and approved by PVS.
(b) Upon receipt of a signed PVS Order Forn and payment under the terms and conditions of the PVS Order Form, PVS will provide its Client (as defined in the Order Form) with a username and password. Clients will be solely responsible for all activities occurring under the Clients username and for keeping the Clients password secure.
(c) Once a Client has received a username and password from PVS, the Client may use the LMS subject to the terms and conditions in the Order Form.
ATTENTION: PLEASE READ THESE TERMS CAREFULLY. BY SUBMITTING THIS FORM YOU INDICATE THAT YOU ACCEPT AND AGREE TO THESE TERMS.
Property Vista Inc. ("Property Vista") owns the intellectual property rights in the underlying HTML, and all text, images, audio clips, video clips, software and other content (collectively, the "Content") that is made available to you on this website ("Site"), or has obtained the permission of the landlords or other owners of the intellectual property in the Content to use the Content on this Site. Except as provided in these Terms, Property Vista prohibits the distribution or copying of any Content without its express written permission.
Property Vista hereby authorizes you to display on your computer, download and print pages of this Site, subject to the following provisions: (i) any copyright notices must appear on all such printouts; (ii) the Content will not be altered in any manner; and (iii) the Content is only to be used for personal, educational and non-commercial use and will not be distributed, broadcast or copied in any manner.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, pornographic or other material that would violate any applicable law, or any material that is inaccurate or indecent.
The corporate and business names, trademarks and logos displayed on this Site, including, but not limited to "Property Vista" are registered and unregistered trademarks of Property Vista, landlords and others, and are protected by trademark laws, copyright and other intellectual property rights. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any name, trademark or logo displayed on this Site without the express written permission of Property Vista or such third party that may own the name, trademark or logo displayed on this Site. Your misuse of the names, trademarks or logos displayed on this Site, or any other Content on this Site, is strictly prohibited.
Property Vista may provide links to third party websites, and some of the Content may in fact be supplied by third parties (e.g. instances of framing of third party websites or incorporation of content through framesets). Property Vista assumes no liability for any damages you may suffer from visiting such linked websites, including without limitation, damages caused by computer viruses, Trojan horses or other destructive/disruptive code which may be downloaded or transferred from such linked websites.
Any links contained on this Site shall not be construed as an endorsement by Property Vista or any other person of any such linked website. Property Vista has not reviewed or researched the full content on these linked websites and shall not be held responsible should you encounter any materials that may appear inaccurate, indecent or illegal. If you visit such a website that is linked to this Site, please contact firstname.lastname@example.org and we will determine if the link should be removed from this Site.
You may not provide a link to this Site without our express written permission. If you would like to provide a link to this Site, please contact email@example.com
Disclaimer - No Warranties
THIS SITE AND THE CONTENT ON THIS SITE ARE PROVIDED STRICTLY "AS IS"/"AS AVAILABLE" WITHOUT ANY CONDITIONS OR WARRANTIES OF ANY KIND INCLUDING CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
The Content is provided free of charge and is for informational purposes only. The Content should not be relied upon or used as the basis for any decision.
Certain Content may have been provided to Property Vista by landlords or other third parties (Property Vista and the landlords and other third parties are referred to as "Content Suppliers"). All users of this Site must carry out their own due diligence in respect of all Content.
Content Suppliers make no warranties or conditions as to the accuracy or currency of the Content. This Site may contain typographical errors and technical inaccuracies. Content Suppliers assume no liability or responsibility for any errors or omissions in the Content.
Although Property Vista uses reasonable efforts to ensure that any software provided at this Site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system.
Content Suppliers may update and/or modify the Content at any time and without notice.
Exclusion of liability
IN NO EVENT WILL PROPERTY VISTA OR OTHER CONTENT SUPPLIERS OR ANY THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE OR REVENUE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE CONTENT CONTAINED ON THIS SITE OR ANY SUCH LINKED SITES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IF YOUR USE OF THE CONTENT ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Content.
Property Vista and other Content Suppliers will aggressively enforce their respective intellectual property and other rights to the fullest extent of the law.
If any provision of these Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions.
These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the Province of Ontario by the courts of the Province of Ontario.
These Terms constitute the entire agreement between you and Property Vista regarding use of the Site.
Non-personal information is information that cannot identify you personally, such as: (i) browser information (including the version of the browser you are using, the URL of the web page you last visited and the IP address of the computer you are using); and (ii) clickstream data which records choices you have made.
We may use non-personal information to calculate overall usage statistics and to better understand our visitors, but not to track any individual user.Collection, Use and Retention of Personal information
Personal information refers to information specifically about a particular user, such as: (i) name; (ii) age; (iii) address; (iv) email address; and (v) telephone number.
Personal information will only be collected by fair and lawful means. The only personal information we will collect and retain is the personal information voluntarily provided by you when you: (i) become a user on this Site; (ii) submit answers to surveys or questionnaires; or (iii) contact us with questions or comments about this Site or otherwise about our Services.
We may use your personal information to: (i) provide information or services you requested; (ii) send you information about products or services or information that may be of interest to you (you may request that we do not send you any such information); (iii) build and maintain our expertise and knowledge; (iv) generate statistics and aggregate reports for our internal use, such as the development of our services; and (v) to contact you as we consider necessary.
We will keep your personal information for as long as it remains necessary for the purposes identified herein or as required by law, which may extend beyond the termination of any relationship between us and you.Disclosure of personal information to third parties
Property Vista shall not intentionally disclose to third parties without your permission any personal information you may provide to us, subject to the following exceptions: (i) we may disclose your personal information to third parties as required or permitted by applicable laws, rules or regulations; (ii) we may disclose your contact information in response to inquiries by bona-fide rights owners in connection with allegations of infringement of copyright or other legal rights arising from information you have provided to us; (iii) if Property Vista merges with or sells all or substantially all of its assets to a third party, information collected about you on this Site may be disclosed to such third party; (iv) Property Vista shares personal information with companies who provide services such as information hosting or processing, landlords and their representatives who provide premises for tenants and other services, tenant insurance and cable television; and (v) Property Vista shares personal information with third parties where the services we are providing to you require us to give your personal information to them.Security
Property Vista has implemented generally accepted standards of technology and operation security in order to protect personal information from loss, misuse, alteration or destruction. Among the steps taken to protect personal information are:
Notwithstanding these precautions, we cannot guarantee that unauthorized persons will not obtain access to your personal information.Accessing Personal Information
You may ask for access to personal information we hold about you.
Detailed requests which require archive or other retrieval costs may be subject to fees.
An individual's rights to access his or her personal information are not absolute. There are a number of situations where we may deny access. If we deny your request for access to, or refuse a request to correct personal information, we will provide a reason or reasons for doing so.Contacting us about Privacy
You may contact Property Vista: (i) in order to access and correct your personal information collected by Property Vista; and (ii) regarding privacy matters in general, in any of the following ways:
Property Vista Software Inc.
3080 Yonge Street, Suite 6060
Toronto, Ontario M4N 3N1
Attention: Chief Privacy OfficerConsent