Parkbench Inc. ("Parkbench") Terms and conditions
This Agreement also applies to data and services provided to you by email and through Parkbench mobile applications. You must agree to comply with the Agreement in order to use the Site or to subscribe to email services from Parkbench.
Ø 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 provides neighbourhood related information to consumers and promotes and delivers services offered by Parkbench.
The information provided on the Site is from sources we consider reliable, but because it is supplied by third parties, we cannot guarantee that it is accurate or complete and it should not be relied upon as such. All listing and other data is subject to changes without notices, and to errors and omissions. The data has not been, and cannot be verified by Parkbench.
Parkbench and its affiliates do not make any representations, warranties or assurances as to the timeliness, completeness or accuracy of the information provided by any real estate professional, real estate agent, broker, brokerage, affiliate, appraiser or other real estate- or real-property-related service provider on or through the Site.
Ø You agree to use your own judgment regarding the merits of any data, individual, or entity that you find on or through the Site. In spite of its good faith effort, Parkbench cannot and does not represent or warrant that any individual or entity who’s services are promoted or offered on or through the Site is registered, licensed, qualified, or otherwise authorized or capable of performing any described services.
Intellectual Property and Content
The Site, and all text, information, images, audio, video and other material (the “Content”) posted on or through the Site, are protected by copyright, trade-mark, and other intellectual property and proprietary rights laws. The owners of the Content posted on or through this Site retain the intellectual property rights in the Content. The Content is made available on or through the Site solely for the personal, non-commercial, lawful use of other users.
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 Parkbench, its affiliates and licensors will aggressively enforce their intellectual property rights to the fullest extent permitted by law.
Ø You agree to abide by all copyright notices, information and restrictions contained in or displayed herein and with any 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 Parkbench 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.
Ø You do not acquire any ownership rights in 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.
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.
Ø You affirm that you have attained the age of majority in the jurisdiction in which you are a 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 this Agreement, and to abide by and comply with this Agreement.
In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for:
- the online conduct of such minor;
- controlling the minor's access to and the use of the Site; and
- 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.
Prohibited Uses of the Site and Content
Your use of the Site and the Content must comply with this Agreement, all applicable laws and all applicable Parkbench policies. Without limitation, you may not use the Site to directly or indirectly:
- 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.);
- "stalk" or otherwise harass another person;
- harm minors;
- unlawfully promote or incite hatred; or
- impersonate any person or entity, including, but not limited to a Parkbench official, or falsely state or otherwise misrepresent your affiliation with a person or entity.
You must be 16 years of age to use this website.
Grant of Rights
With respect to Content that you upload, post, transmit, distribute or otherwise disseminate or make available on or through the Site (your Contributions), you irrevocably grant us the world-wide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable right and license (without obligation) to use, distribute, reproduce, encode, modify, adapt, edit, display, exhibit, publish, translate, publicly perform, communicate, publicly display your Contributions, and to incorporate them into other works, in any format and through any media channel, whether now known or hereafter invented, including, without limitation, by way of the Site. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Contributions.
Moral Rights Waiver
Ø You irrevocably waive your moral rights with respect to your Contributions, in connection with our exploitation of the rights granted to us in this Agreement.
Ø You will not upload, post, transmit, distribute, or otherwise disseminate or make available on or through the Site any Content that:
- is copyrighted, protected by trade secret or otherwise subject to third party proprietary or contractual rights, including privacy and personality/publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the Content and to grant us all of the rights granted herein;
- is obscene, profane, defamatory, libelous, slanderous, fraudulent, deceptive, threatening, intimidating, pornographic, harassing, abusive, hateful, racially or ethnically offensive, encourages or assists conduct that would constitute a criminal offence, could result in civil liability, or is otherwise objectionable, offensive, inappropriate or unlawful;
- implies or suggests an endorsement by us;
- in the case of audio or video Content, is greater than ten (10) minutes in duration; or
- contains advertising, a solicitation of funds, or a solicitation for goods or services unless written authorization is granted by us; or
- otherwise violates this Agreement or any applicable municipal, provincial, federal or international law, order or regulation.
Third Party Clearances
Ø You represent and warrant that you own or have secured all necessary licenses, rights, consents and permissions to use, and to authorize us to use, any trade-marks, copyrighted material or other intellectual property and/or proprietary material contained in your Contributions, and that you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your Contributions to use his/her name and/or likeness.
Removal of Content
Parkbench has no obligation to, and does not and cannot, monitor or review every item of Content that you and other users make available through the Site, and Parkbench is not responsible for any of this Content. However, Parkbench reserves the right to investigate, monitor, delete and/or refuse to transmit, move, remove, edit or refuse to post any material or information, in whole or in part, without notice to you, that we deem in our absolute discretion, unacceptable, undesirable or in violation of any law, regulation, contractual obligation or this Agreement.
Responsibility for Uploaded Content. You will be solely responsible for any Content that you make available through the Site, and any liability resulting from its use as contemplated in this Agreement. You will also be liable for any costs, losses or damage resulting, directly or indirectly, from your making any Content available on or through the Site.
Third Party Content
Third Party Content
You acknowledge that, despite the prohibitions above, 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.
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 Parkbench 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.
This Agreement shall continue indefinitely until terminated by you or us pursuant to the provisions hereof or in accordance with applicable law. We may discontinue, or terminate your access to, the Site or any portion of the Site, at any time without notice to you. Our discontinuance of the Site or any portion of the Site may result in the removal or deletion of Content made available by you. You are responsible for maintaining any required back up copies of such Content. Parkbench will not be liable to you with respect to its deletion of any Content.
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. PARKBENCH, 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 PARKBENCH 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 PARKBENCH 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 PARKBENCH 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 PARKBENCH 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 Parkbench, 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. Parkbench 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 Parkbench or its affiliates, licensors or related companies. You will co-operate as fully as reasonably required in the defense of any claim.
Remedies & Recourse
- If you are dissatisfied with the Site or with this Agreement, your sole and exclusive remedy is to discontinue using the Site.
- Parkbench 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.
Internet Data Exchange and other Virtual Office Websites
These terms apply to the Internet Data Exchange and virtual office website (the “Virtual Office Website”) features of the Site, which provides listing data from various real estate boards/associations.
You agree and acknowledge that:
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 Parkbench 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 Parkbench constitute the entire agreement between Parkbench and you with respect to your use of the Site. No waiver by either Parkbench 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 unenforceable 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.
REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to The Canadian Real Estate Association (CREA). These certification marks identify real estate professionals who are members of CREA and who must abide by CREA’s By‐Laws, Rules, and the REALTOR® Code. The MLS® trademark, Multiple Listing Service® and the MLS® logo are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. Used under license.
The Site is not intended to solicit consumers already under exclusive contact with other brokerages.