Thank you for visiting the Preconstruction.info web site (the “Site”). Please read these Terms and Conditions of Use (the “Agreement”) carefully before using the Site. By using the Site, you agree to comply with the Agreement. If you do not agree to comply with the Agreement, you may not use the Site. Preconstruction.info Webpage (“Preconstruction.info”) and its affiliates (collectively, “we”, “us”) reserve the right, at our sole discretion, to modify the Agreement at any time, and such modifications shall be effective immediately upon posting of the modified version on the Site. You agree to review the Agreement periodically to be aware of such modifications, and your continued use of the Site shall be deemed your conclusive acceptance of the modified Agreement.
- NATURE OF WEBSITE
The Site and the services offered herein are provided solely as an online search engine to present information to the public. Preconstruction.info does not provide any real estate, brokerage, appraisal or other real estate- or real property-related services, and does not hold itself out as being registered, licensed or otherwise authorized to perform any such services. Preconstruction.info does not provide any advice regarding real property, real estate, real estate transactions, brokerages, appraisals or any other real estate- or real property-related matters. Preconstruction.info does not endorse, recommend or approve of any real estate agent, broker, brokerage or other real estate- or real property-related service provider who offers services in connection with the information provided on or through the Site. You should use your own judgment regarding the merits of any individual, entity or information that you find on or through the Site. Preconstruction.info cannot and does not represent or warrant that any real estate agent, broker, brokerage or other real estate- or real property-related service provider who offers services in connection with the information provided on or through the Site is registered, licensed, qualified, or otherwise authorized or capable of performing any such service. Preconstruction.info does not make any representations, warranties or assurances as to the timeliness, completeness or accuracy of information provided by any real estate agent, broker, brokerage, appraiser or other real estate- or real-property-related service provider on or through the Site, including without limitation any real property evaluation or other related services. Preconstruction.info has taken reasonable measures to verify the accuracy of the information contained on Preconstruction.info. Notwithstanding, prices and specifications are constantly changing. Under no circumstances, including but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breech shall Preconstruction.info or its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from your use of, or you inability to use, any content, information, material, or postings on the site, directly or indirectly. If you are an official representative of a listed development, and notice any inaccuracies, Preconstruction.info must be informed immediately in order to rectify the information in a timely manner. Prices and specifications are subject to change without notice. E.&O.E. Illustrations are artist’s concept.
- PROPRIETARY NATURE OF SITE AND CONTENT
The Site, and all text, information, images, audio, video and other material (“Content”) posted on or through the Site, are protected by copyright, trade-mark, and other intellectual property and proprietary rights laws, and are owned and/or controlled by Preconstruction.info and/or its affiliates, licensors and related companies. All Content posted on or through this Site, remains the valuable intellectual property of its owner(s), and is made available on or through the Site solely for your own personal, non-commercial, lawful use. You agree to abide by all copyright notices, information and restrictions contained in or displayed with any Content.
- ELECTRONIC MESSAGES SENT BY PRECONSTRUCTION.INFO
Some actions you perform while using the Site will result in email messages from Preconstruction.info being sent to the email account associated with your Preconstruction.info account. These email messages are meant to notify you of activity related to your Preconstruction.info account. Email messages that may be sent to you may include, but are not limited to, new follower notifications, updates on listed developments you are following, correspondence with fellow Preconstruction.info users through Email, communication related to inquiries (RFIs) you have sent through the site to agents and developers, and communication related to your activity on the Preconstruction.info Chat. Additionally, Preconstruction.info may email you news, messages, questions and announcements that we feel may be of relevance to you as a user of Preconstruction.info. You may unsubscribe to these email messages at any time using the unsubscribe mechanism that appears on all email messages sent by Preconstruction.info. You may also unsubscribe to these email messages from within your user settings or by contacting Preconstruction.info directly.
The below describes the criteria for acceptable reviews. Reviews that do not meet this criteria will be removed from Preconstruction.info. 4.1 Neither Disruptive Nor Offensive: Reviews that are likely to offend other contributors, Reviews that contain or imply personal attacks; Reviews that seem intended to provoke emotional reaction (“trolling”); Reviews that otherwise show a clear intent to disrupt Preconstruction.info; Duplicate reviews both accidental or intentional. Note that reviews that are inappropriate in another language, or that represent an inappropriate interpretation with misspellings and substitutions, or do so indirectly or by implication, are still considered inappropriate and will be removed from Preconstruction.info. 4.2 Genuine Experience: Reviews must be based on the user’s own experience and is their genuine opinion of the development/developer. Reviews that do not sufficiently highlight the user’s own experience with the developer/development and instead focus heavily on secondary attributes (eg. location of the development, critique of building architecture) are not considered to be acceptable. 4.3 Authentic Identity: The account name of the reviewer must be their authentic identity; the same name they use in real life. Both First and Last name must be included. 4.4 Well formatted: Reviews must be well formatted and logically written using proper grammar and punctuation. 4.5 “Low effort” Reviews: Reviews that do little to inform readers about the development and developer, and are considered to be minimal in effort on the part of the reviewer, will be removed.
- LEGAL CAPACITY
You affirm that you have attained the age of majority in the jurisdiction in which you are resident, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You may not use the Site if you live in a jurisdiction where access to or use of the Site or any part of it may be illegal. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws. In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Site; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.
- NO RIGHTS GRANTED IN INTELLECTUAL PROPERTY OR CONTENT
Nothing contained on the Site should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any copyrighted material, trade-marks, logos, or other names, or other intellectual property used on or in connection with the Site, including, but not limited to, those identifying Preconstruction.info and/or its affiliates, licensors and related companies, or their respective products and services displayed on the Site, without the expressed written consent of the applicable rights holder. You do not acquire any ownership rights of any Content, nor are you granted any commercial, sale, resale, reproduction, licensing or sub-licensing, distribution, publishing, broadcast, transmission, performance or promotional use rights with respect to the Content.
- YOUR LIMITED RIGHTS WITH RESPECT TO CONTENT
You may only copy and store Content on your own computer for your personal, non-commercial home use, and you may not copy, share, modify, translate, license or sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any Content to another recipient or otherwise use the Content for any other purpose. You are hereby advised that Preconstruction.info, its affiliates and licensors will aggressively enforce their intellectual property rights to the fullest extent permitted by law.
- PROHIBITED USE OF THE SITE AND CONTENT
Your use of the Site and Content must comply with this Agreement, all applicable laws and all applicable Preconstruction.info policies. Without limitation, you may not use the Site to directly or indirectly: a. invade another person’s privacy or collect, disclose or store personal information about other persons (including telephone numbers, street addresses, email addresses, last names, etc.); b. “stalk” or otherwise harass another person; c. harm minors; d. unlawfully promote or incite hatred; or e. impersonate any person or entity, including, but not limited to a Preconstruction.info official, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- THIRD PARTY CONTENT
9.1 Third Party Content. You acknowledge that, despite the prohibitions, Content posted on the Site by other end users, may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and links to other web sites. We do not have control over Content provided by third parties, and assume no responsibility or liability for it. Content you access or transmit using the Site is accessed and transmitted at your own risk. 9.2 Third Party Web sites. Web sites accessed via links or other means from the Site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any Content or links on the Site should not be construed as an express nor an implied endorsement of any third party products or services by us. We are not responsible for the Content or opinions expressed on any linked web sites, and such web sites are in no way investigated, monitored or checked by us.
- LINKING AND FRAMING
Unless otherwise agreed in writing by us, you may only provide a hypertext link to the Site on another web site, provided that (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trade-marks, as determined by us in our sole and absolute discretion; (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by us, as determined by us in our sole and absolute discretion; (c) the link, when activated by a user, must display the Site full-screen and not within a “frame” on the linked web site; and (d) we reserve the right to revoke our consent to the link at any time in our sole discretion.
You may be issued a unique user name and password to access portions of the Site. You are solely responsible for protecting your user name and password. We are not liable for any claims, losses, actions, damages, suits or proceedings relating to the sharing of your user name and password with others. You agree to notify Preconstruction.info immediately after you become aware of any unauthorized use of your user name and password, and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.
- INAPPROPRIATE USERNAMES
This section lists the types of usernames that are considered inappropriate. These lists are not necessarily exhaustive. Use common sense in applying these rules (for example, a word that may seem offensive in one context may have another, more benign meaning in another context). 12.1 Misleading usernames. The following types of username are not permitted because they may be misleading in a way that disrupts the project: Usernames that impersonate other people, or companies; Usernames that give the impression that the account has permissions which it does not have, for example by containing the terms “administrator”, “sysop” or “moderator”; Usernames including phrases such as “Preconstruction.info”, “Preconstruction”, “Remax”, or similar if they give the incorrect impression that the account may be officially affiliated with the Preconstruction.info or one of its projects. 12.2 Disruptive or offensive usernames. The following types of usernames are not permitted because they are disruptive or offensive: Usernames that are likely to offend other contributors, making harmonious editing difficult or impossible, for example by containing profanities; Usernames that contain or imply personal attacks; Usernames that seem intended to provoke emotional reaction (“trolling”); Usernames that otherwise show a clear intent to disrupt Preconstruction.info. Note that usernames that are inappropriate in another language, or that represent an inappropriate name with misspellings and substitutions, or do so indirectly or by implication, are still considered inappropriate.
- DISCLAIMER OF WARRANTIES
THE SITE, AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” BASIS. PRECONSTRUCTION.INFO, ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE. NEITHER PRECONSTRUCTION.INFO NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, OR POSTING FOUND ON THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR FINANCIAL INFORMATION), ANY SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE SITE. NEITHER PRECONSTRUCTION.INFO NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL PRECONSTRUCTION.INFO OR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THE SITE, DIRECTLY OR INDIRECTLY. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER PRECONSTRUCTION.INFO NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Preconstruction.info, its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of this Agreement; or (b) your use of the Site, the Content , your contributions and the placement or transmission of any Content or any of your contributions on the Site made by you or others using your user name and password. Preconstruction.info reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Preconstruction.info or its affiliates, licensors or related companies. You will co-operate as fully as reasonably required in the defense of any claim.
- REMEDIES & RECOURSE
17.1 If you are dissatisfied with the Site or with this Agreement, your sole and exclusive remedy is to discontinue using the Site. 17.2 Preconstruction.info reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular IP address to the Site or any part thereof.
To contact Preconstruction.info in connection with this Agreement or the Site, send an e-mail to email@example.com
- OTHER IMPORTANT TERMS
Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as Preconstruction.info may determine in any and all actions, disputes, or controversies relating hereto. This Agreement and any rules, policies, guidelines or other agreements posted on the Site by Preconstruction.info constitute the entire agreement between Preconstruction.info and you with respect to your use of the Site. No waiver by either Preconstruction.info or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. This Agreement has been drawn up in the English language at the express request of the parties. La présente convention a été rédigée en anglais à la demande expresse des parties.
By displaying, publishing or otherwise posting photos, images, text, information, audio, video or other materials (collectively, “Content”) on the Preconstruction.info web site (the “Site”), you grant to Preconstruction.info Webpage and its affiliates (“Preconstruction.info”) a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, display, reproduce, modify and translate such Content on and through the Site.
You represent and warrant that: (i) you own the Content or otherwise have the right to grant the above license, (ii) the posting and use of the Content does not violate any rights (including copyrights, contract rights, intellectual property rights or any other rights) of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party.
You will defend, indemnify and hold harmless Preconstruction.info and its directors, officers and employees from and against from and against any and all claims arising as a result of or in connection with (i) your breach of the above representation and warranty or (ii) any Content which you post to the Site.