1. Non-Commercial Use. The Sites are for personal and non-commercial use. All content included in the Site, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, video clips, software and links to external websites (the “Content”), is provided for informational purposes only.
2. Warranty Disclaimer. The Company intends for the Content on the Sites to be accurate and reliable, however, the Site and the Content are provided to you on an “as is” and “as available” basis and without warranty or condition of any kind, whether express or implied. In particular, the Company does not control the Content posted by users on the Site and make no representation or warranty whatsoever regarding the accuracy or completeness of any data or information accessible on or through the Sites. Furthermore, to the fullest extent permissible pursuant to applicable law, the Company, its respective affiliates, and their respective officers, directors, employees, affiliates, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, freedom from computer viruses, warranties arising from course of dealing or course of performance, merchantable quality and fitness for a particular purpose. The Company expressly disclaims any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the services and other capabilities offered from the Site will be uninterrupted, or that its content will be accurate, complete, adequate or timely. Any material downloaded is at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
3. Liability Disclaimer. Without limiting the foregoing, the Company expressly excludes (and you hereby release the Company from) any liability for any of the following:
In no event shall the Company or its affiliates, licensors, suppliers, advertisers, agents or sponsors, be responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory, arising out of or in connection with the use or performance of the Site or any other site you or users of your account may access while using the Site or your use or the use by users of your account of the Content, even if advised of the possibility of such damages.
4. Dealing with Third Parties. Any correspondence or business dealings with any third parties including merchants, sellers, buyers or advertisers found on, or through, the Site is solely between you and such third parties, and the Company has no control over the quality, legality or inappropriate nature of the Content advertised, the truth or accuracy of any representations made by sellers, the ability of sellers to sell and the ability of buyers to purchase. The Company is not responsible for any loss or damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not the Company, are responsible for compliance with all laws applicable in any such transaction.
6. Prohibited Use of the Sites. You shall not use the Site in any way that would interfere with its operation nor submit any content to the Site that libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws. You shall not post, upload, publish, transmit or otherwise distribute on or through the Site any information or other materials that:
The Company reserves the right to remove any information that you post, upload, publish, transmit, distribute or otherwise use on the Site, in whole or in part, at any time, at its sole discretion and without prior notice.
7. License. By posting, uploading or submitting any information, material or content to the Site, you automatically grant (or warrant that the owner of the rights to such material or content has expressly granted you the rights to grant) the Company a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, royalty-free right to use, reproduce, modify, adapt, improve, create derivative works from, publish, remove, retain, add, process, analyze, translate, license, transmit, distribute and otherwise exploit any or all portions of such information, material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all moral rights in any such information, material or content posted, uploaded or submitted by you.
8. Web Scraping/Harvesting. You may only use or reproduce the Content for your own personal and non-commercial use. The framing, scraping, data-mining, extraction or collection of the Content of the Site in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this Site.
9. Hyperlinking to the Site. You may create a link (the “Hyperlink”) to the Site provided that:
10. Links to Third Party Websites. Links available on the Site will allow you to link to websites or resources not maintained or controlled by the Company. The Company provides these links for your convenience only and makes no endorsements, warranties or representations of any kind whatsoever regarding those other websites and expressly disclaims all responsibility for content on third-party websites. The Company has neither reviewed nor approved any content that appears on such other websites. Please be aware that you link to these third-party websites at your own risk. You acknowledge and agree that the Company shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
11. Copyright. All Content published on or otherwise accessible through the Site, including without limitation, all texts, designs, images, photographs and other information, is protected under Canadian and other copyright laws to the maximum extent permitted. The Content, and the copyright in the Content, are owned or controlled by the Company and/or its affiliates, licensors, suppliers, representatives or agents (each a “Copyright Holder“). The Company grants you a limited license to display or print the Content for your own personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell these materials in any form or manner without the express written permission of the Copyright Holder(s) of the Content. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Site and maintain such notices in the Content. The Company does not warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights of third parties.
12. Trademarks. NextHome New Home + Condo Guide™, is a trademark of Company in Canada. All other products, services and company names mentioned in the Site may be a trademark of the Company’s and/or its affiliates or its respective owners. You shall not use any trademark displayed on the Site without the express written permission of the applicable Company or the relevant owner of the trademark.
14. Registered User Accounts. In order to access certain parts of the Site, you may have to register as a user with the Company. During registration for a user account (“Account“), you will select a password and account name. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) log out from your account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with this section.
Last updated: Oct. 16, 2019.