READ THESE TERMS OF SERVICE CAREFULLY AS THEY GOVERN YOUR USE OF THE WEBSITE AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This website (ApartmentLove) (the "Site") is operated by ApartmentLove Inc. (“ApartmentLove”). Access and use of the Site, and the information and the services thereon (collectively, the "Services") is provided to you by ApartmentLove on the condition that you accept this agreement (the "Agreement"). By accessing, browsing, registering on and/or otherwise using the Site, you agree to accept and comply with this Agreement. You further agree that this Agreement is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms and conditions. If you have any questions relating to these Terms of Service, please contact us using our contact information below. If you do not agree to be bound by these terms and conditions, you may not use or access this Site. You agree to use the Site only for lawful purposes, and that you will not use the Site in any manner that interferes with its security or normal operation or with any other user's use and enjoyment of the Site. You further agree that you will not access the Site by any means except through the interface provided by ApartmentLove for access to the Site. You must be at least eighteen (18) years of age to use this Site, and fully able and competent to enter into the terms and conditions set out in this Agreement. As a condition to your use of the Site, you agree not to solicit any persons (landlord, tenants or otherwise) that use the Site. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your access to the Site (or any part thereof) and/or your user account, if any. In the sole discretion of ApartmentLove and without prior notice or liability to you or any third party, we may suspend, discontinue, modify, or alter any aspect of the Site including, but not limited to: (i) restricting the time the Site is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user's right to use the Site. You agree that any termination or cancellation of your access to or use of the Site may be effected without prior notice. You further agree that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Site, or any policies or practices by ApartmentLove in providing the Site, including without limitation any change in content, is to cease using the Site and cancel or terminate your subscription or registered user account, as applicable.
1. YOUR ACCOUNT
In order to access certain Services provided on the Site, including saving preferences online or posting certain information on the Site, you will be required to establish a user account (a "User Account"). To do so, you will need to provide us with certain information ("Account Information"). You agree that the Account Information you provide is true, accurate, current, and complete. If any of your Account Information changes, you must update it by using the appropriate update mechanism on the Site, if available. Otherwise, you agree to contact our Privacy Officer as described in our Privacy Policy. If you provide any information that is false, inaccurate, outdated, or incomplete, or if ApartmentLove has reasonable grounds to suspect that any information you provide is false, inaccurate, outdated, or incomplete, ApartmentLove, in its sole discretion, may suspend or terminate your account and prevent you from using the Site (or any portion thereof) in the future. You are solely responsible for all usage or activity on your User Account including, but not limited to, use of your User Account by any person who uses your User Account Information, with or without authorization, or who has access to any computer on which your User Account resides or is accessible. You may not sub-license, transfer, sell or assign your User Account, your User Account Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Account Information), you must promptly change the affected Account Information by using the appropriate update mechanism on the Site, if available, or notify our Privacy Officer as described in our Privacy Policy.
2. PRIVACY POLICY
Use of the Site is subject to the terms of our Privacy Policy ("Privacy Policy"), which is hereby incorporated into and made part of this Agreement. By using the Site, you agree to be bound by the terms of our Privacy Policy.
3. AMENDMENTS TO THIS AGREEMENT
From time to time, ApartmentLove may amend this Agreement. An example of such an amendment is the inclusion of additional terms of usage that apply to either specific parts of the Site or the Site in its entirety. We will post any revised version of this Agreement on the Site and encourage you to refer back to it on a regular basis. Continued access of the Site by you will constitute your acceptance of any changes or revisions to this Agreement. If you do not agree to any changes or revisions to these conditions of use, you may not use the Site and are to discontinue use of the Site immediately.
4. AMENDMENTS TO THE SITE
ApartmentLove expressly reserves the right, but undertakes no duty, to review, edit, move, or delete any material provided for display or placed on the Site, in its sole discretion, without notice. This includes, but is not limited to, the right to correct pricing or typographical errors that may occur on the Site. We cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on this Site.
5. LINKING TO OR FROM THIS SITE
This Site may provide links to third party websites for your convenience only. The inclusion of these links does not imply that ApartmentLove monitors or endorses these websites. ApartmentLove does not accept any responsibility for such websites. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rules, and regulations.
6. INTELLECTUAL PROPERTY
All Site design, text, graphics, sound, software, layout, data and other content, and the selection and arrangement thereof, are the property of ApartmentLove and are protected by local, national, and international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Site. Material may not be modified or altered in any respect, merged with other data, or published in any form, in whole or in part. Prohibited uses include, but are not limited to, "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize or manipulate material displayed on the Site. You may download material from the Site and may use the Site for your personal use only, provided you keep intact all copyright and other proprietary notices. By uploading or otherwise posting any data and other content on the Site (a "Listing"), you agree that you have all right, title and interest in any such data or other content (or have otherwise obtained all necessary licenses or consents to do so). You agree that all Listings are the property of ApartmentLove. Accordingly, you hereby automatically assign all right, title, and interest in all of your Listings upon uploading or posting your Listing onto the Site. ApartmentLove reserves the exclusive right to review, edit, move, or delete any Listing uploaded or posted on the Site, in its sole discretion, without notice.
7. UNSOLICITED SUBMISSIONS
In order to avoid potential misunderstandings or disputes, ApartmentLove does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to us, you automatically grant (or warrant that the owner of the Submissions grants) to ApartmentLove and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of ApartmentLove or its successors, assigns and licensees. You further agree, represent, and warrant that all moral rights in the Submissions are waived in favor of ApartmentLove and the successors, assigns and licensees of ApartmentLove.
8. THIRD PARTY APIs
From time to time, the Site may use one or more Application Programming Interfaces obtained under license from a third party (an "API"). You agree that your use of any such APIs shall be limited exclusively to your use of the Site in accordance with the terms and conditions of this Agreement.
9. INDEMNIFICATION
You agree to indemnify ApartmentLove, and its affiliates, directors, officers, employees, agents, licensors, suppliers, content providers, and the like (collectively, the "Affiliates"), and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from your unauthorized use of material obtained through the Site, or from your breach of this Agreement, or from any such acts through your use of the Site.
10. DISCLAIMER OF WARRANTY
APARTMENTLOVE AND AFFILIATES OF APARTMENTLOVE HAVE NOT VERIFIED, CHECKED OR OTHERWISE SCREENED ANY LISTINGS ON THE SITE. FOR GREATER CERTAINTY, APARTMENTLOVE HAS NO AFFILIATION WITH ANY PROPERTY LISTED ON THE SITE, OR ANY LANDLORD, TENANT OR OTHER PERSON WHO MAY USE THE SITE. THE SITE AND THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". APARTMENTLOVE AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, TIMELINESS, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE PRODUCTS, OR SERVICES OFFERED OR SOLD ON OR THROUGH THE SITE OR ANY OTHER WEBSITE TO WHICH THE SITE MAY LINK, AS WELL AS THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. APARTMENTLOVE AND THE AFFILIATES OF APARTMENTLOVE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE. NO ORAL OR WRITTEN STATEMENTS BY APARTMENTLOVE OR AFFILIATES OF APARTMENTLOVE WILL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH HEREIN.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL APARTMENTLOVE OR ANY OF THE AFFILIATES OF APARTMENTLOVE BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF ANY PRODUCTS OR SERVICES PURCHASED OR ACCESSED THROUGH THE SITE, EVEN IF APARTMENTLOVE OR THE AFFILIATES OF APARTMENTLOVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN ANY EVENT, APARTMENTLOVE'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE OR ANY SERVICES PURCHASED OR ACCESSED THROUGH THE SITE SHALL BE LIMITED TO THE PURCHASE PRICE ACTUALLY PAID BY YOU FOR SUCH SERVICES OR TWENTY-FIVE CANADIAN DOLLARS ($25.00 CAD), WHICHEVER IS LESS.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the aforementioned exclusions to liability are limited to the fullest extent permitted by law.
12. CHOICE OF LAW
THE SITE IS CONTROLLED, OPERATED AND ADMINISTERED BY APARTMENTLOVE FROM WITHIN THE PROVINCE OF ALBERTA, CANADA. THE SITE CAN BE ACCESSED FROM ALL PROVINCES AND TERRITORIES OF CANADA, AS WELL AS FROM OTHER COUNTRIES AROUND THE WORLD. AS EACH OF THESE JURISDICTIONS HAS LAWS THAT MAY DIFFER FROM THOSE OF THE PROVINCE OF ALBERTA, BY ACCESSING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT ALL MATTERS RELATING TO ACCESS TO OR USE OF THIS SITE SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ALBERTA AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN (WITHOUT REFERENCE TO CONFLICTS OF LAWS PRINCIPLES).
13. REFUND POLICY
A refund may be applicable for paid listings which have not yet received a status of “active” on the Site. However, once a listing receives a status of “Active” on the Site, all paid listing fees are deemed to have been earned and are no longer eligible for refund.
14. DISPUTE RESOLUTION
If any controversy, dispute, claim, question, or difference arises with respect to the Site, to Services or Listings that you make or access through the Site, this Agreement, or its performance, enforcement, breach, termination, or validity (a "Dispute"), the parties hereto shall use their best efforts to settle the Dispute. To this end, the parties shall consult and negotiate with each other to reach a just and equitable solution satisfactory to all parties. If the parties do not reach a solution to a Dispute within sixty (60) calendar days following the first written notice of the Dispute by any party to the other, then upon written notice by any party to the other, the Dispute shall be submitted to confidential arbitration in Calgary, Alberta, Canada, except that, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of ApartmentLove or the Affiliates of ApartmentLove. In such an instance, ApartmentLove and the Affiliates of ApartmentLove may seek injunctive or other relief it deems appropriate in any provincial or federal court in the Province of Alberta, Canada and you voluntarily consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the National Arbitration Rules of the ADR Institute of Canada, Inc. in force at the date of commencement of the arbitration proceeding. The arbitrator's award shall be binding and may be entered as a judgment in any Alberta court. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise
15. CHOICE OF LANGUAGE
The parties have expressly required that these Terms of Service be set forth and executed in the English language only.
16. SEVERABILITY
If any provision of this Agreement is deemed by an Alberta court to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
17. ENTIRE AGREEMENT
This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and ApartmentLove with respect to the Site, the Services, and your use of same. In the event of a conflict between or among this Agreement and any other documents referenced in this Agreement, the conflict shall be resolved by assigning precedence to this Agreement, then to any documents referenced herein.
18. ASSIGNMENT
ApartmentLove may assign the rights and obligations of ApartmentLove under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.
19. NO ESTOPPEL FOR FAILURE TO ENFORCE
The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.
20. INTERPRETATION
All references in this Agreement to "ApartmentLove", "we", "us", "our" and like terms should be interpreted as referring to ApartmentLove Inc. The insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
21. SURVIVAL
Sections 7 through 16, as well as Sections 19, 20 and 21 shall survive any termination or expiration of this Agreement by either party for any reason.
22. CONTACT US
For any questions that you may have about this Agreement, you can contact us by email at: compliance@apartmentlove.com.