These Terms of Use (the “Terms”), together with the other documents referenced and linked below (collectively, the “Agreement”), describe your rights and responsibilities concerning your receipt of services offered by BayStreet (which includes all companies, partnerships and affiliates that form part of BayStreet; collectively, “BayStreet”), including via the website: https://web.baystreetgroup.ca or other Platforms used by BayStreet (collectively, the “Platforms”) to deliver products and services (collectively, the “Services”). In this Agreement, the terms “we”, “our” and “us” refer to BayStreet.
Your use of the Services, including by visiting https://web.baystreetgroup.ca website (the “Platforms”) constitutes your acceptance of the Agreement. Please take the time to review the Agreement carefully.
BayStreet reserves the right to change or modify these Terms of Use or any policy or guideline of the Platforms, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Platforms, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Platforms following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically and check the version date for changes.
Use & Accuracy of Information on Platforms
The Platforms are provided for general information only. Although BayStreet makes reasonable commercial efforts to ensure that the information presented on the Platforms is accurate, BayStreet does not warrant or make any representation regarding the accuracy or completeness of any information or data provided on the Platforms. The information and materials provided on the Platforms does not constitute professional or legal advice. None of the materials or information may be construed as an offering for sale.
Copyright & License
All copyrighted and copyrightable materials on this Platform, including, without limitation, the content, information, data, design, text, search results, graphics, images, pictures and other files, and the selection, arrangement and compilation of information ("Materials") thereof are the proprietary property of BayStreet or its licensors, or users and are protected by Canada and international copyright laws.
We reserve the right, without notice and in our sole discretion, to terminate your license to use the Platform, and to block or prevent future access to and use of the Platform.
The foregoing license grant does not include the right for you to:
- (a) publish, publicly perform, display, or distribute to any third-party any Materials, including reproduction on any computer network or broadcast or publications media;
- (b) use any site information for the purposes of solicitation;
- (c) market, sell or make commercial use of the Platform or any of the Materials;
- (d) systematically collect and use automated queries for any data or content including The use of any data spiders, robots, or similar data gathering, mining or extraction methods;
- (e) make derivative uses of the Platform or the Materials; or
- (f) use, frame or utilize framing techniques to enclose any portion of this Platform (including the images found at this Platform or any text or the layout/design of any page or form contained on a page).
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of BayStreet or any third-party. Any unauthorized use of this Platform will terminate the permission or license granted by these Platform Terms and may violate applicable law including copyright laws, trademark laws, communications, regulations, and statutes.
Relationship
The use of this Platforms and/or the Services provided herein does not create a client or other advisory relationship between you and BayStreet. BayStreet is not providing real estate or investment advice to you. You should seek professional and/or legal advice, and complete your own independent investigations prior to any potential purchase of real estate.
Advertising & Business Dealings
BayStreet’s business is partially driven through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, BayStreet may serve advertisements based on the information we collect from you or in relation to your interaction on our Platform. See the Privacy Policy for more details.
BayStreet may also provide information about, promotions, advertisements or links to third-party products or services on the Platform. Your business dealings with or participation in the promotions of such third-parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and said third-parties. BayStreet is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third-party information or advertisements on the Platform. If you have a dispute with one or more advertisers or other third parties, you release BayStreet from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
User Submitted Content
You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (the "User Content") that you post, submit, publish, display, or link to on the Platform or send to other BayStreet users. You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third-party, including without limitation the copyright, trademark, trade secret, patent, publicity, privacy or other intellectual property rights of any third-party, or that is in violation of any Federal, Provincial or Municipal law, rule or regulation. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent or that is purposely false or misleading. You furthermore agree that by posting content on the Platform, you are granting BayStreet a royalty-free, perpetual, irrevocable and fully sub-licensable license to publish, reproduce, distribute, display, adapt, and otherwise use this content in any manner on or in connection with the Platform or in the course of offering the Services. You understand and agree that any User Content that you post or submit to BayStreet may be redistributed through the internet and other media channels and may be viewed by the general public.
For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant, or real estate agent or broker.
You understand that BayStreet does not approve or control the User Content posted by others, and instead simply provides a service by allowing users to access information that has been made available by others. As a provider of interactive media services, BayStreet is not liable for any statements, representations, or User Content provided by its users on the Platform or in connection with the Services. BayStreet assumes no responsibility for monitoring the Platform or the Services for appropriate User Content or conduct and has no obligation to screen, edit, or remove any of the User Content. However, BayStreet reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason. BayStreet nonetheless assumes no responsibility for such User Content or for the conduct of the User submitting any such Content.
Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third-party or any reasonable expectation that the Platform will not contain any content that is prohibited by these Terms of Use.
You understand that BayStreet does not endorse or warrant any particular content or information available via the Platform or guarantee the accuracy, integrity or quality of such content or information. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will BayStreet be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Platform or the Service. You use the Platform and the Services at your own risk.
Modification of BayStreet Services
BayStreet reserves the right to modify or discontinue the Service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. BayStreet shall not be liable to you or any third-party should BayStreet exercise its right to modify or discontinue the Service or part of it.
Links To Other Sites
The Services contain links to third-party websites. These third-party sites are not under the control of BayStreet. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. BayStreet is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Platform, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Indemnification
You agree to defend, indemnify, and hold BayStreet harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Platform or your use of the Platform and the Service, including, without limitation, any actual or threatened suit, demand, or claim made against BayStreet arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third-party.
No Warranties
The information on this Platform is often a secondary copy obtained from various sources and may be subjective in nature and may include errors both in fact and interpretation. Therefore, the materials, and the services are provided on an "as is" basis without warranties of any kind, either express or implied. You expressly agree that use of this Platform, including all content or data distributed by, downloaded or accessed from or through this Platform, is at your sole risk.
We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, materials, and content on the Platform. We do not represent or warrant that materials in this Platform are accurate, complete, reliable, current, or error-free. We are not responsible for typographical errors or omissions relating to data, information, pricing, text or photography.
Limitation of Liability
In no event shall BayStreet, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to the loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of this Platform, the materials or services. Some jurisdictions do not allow the exclusion or limitation of liability so the above limitations may not apply to you.
Disclaimer of Responsibility for Third-Party Content
BayStreet may provide third-party content on the Platform and may provide links to Web pages and content of third parties (collectively the "Third-Party Content") as a service to those interested in this information. BayStreet does not monitor or have any control over any Third-Party Content or Third-Party Websites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third-parties, including information providers and users, are those of the respective author(s) or distributor(s) and not BayStreet. In many instances, the content available through this Platform represents the opinions and judgments of the respective information providers or users. BayStreet does not endorse or adopt any Third-Party Content, and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third-Party Content or any opinion, advice or statement made on the site by any Third-Party. Users use such Third-Party Content contained therein at their own risk.
Prevailing Language
The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any. Any other language versions of this Agreement are provided for convenience only.
No Assignment
You are not permitted to assign your rights and obligations under these Terms of Use.
Interpretation
These Terms of Use shall be interpreted without regard to which party drafted these Terms of Use.
Choice Of Law, Waiver, And Claims
These Terms of Use shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. BayStreet 's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Other Terms
You understand and acknowledge that your use of the Platforms is also governed by the BayStreet Privacy Policy which you have read, understood, and agreed to. You consent to the collection, use and disclosure of your personal information by us and/or third-parties in accordance with the terms of, and for the purposes set forth in, our Privacy Policy. In addition, you also agree that your use of the Services will also be subject to such other policies and procedures as may be conveyed to you by us from time to time, including via the Services or on the Platforms.
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