Terms of Service
TO THE FULLEST EXTENT ALLOWED BY LAW, TRANSCONA DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED THROUGH THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT TRANSCONA IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SERVICES; (2) DOWNLOADING INFORMATION CONTAINED ON THE SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA RESULTING FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT ON THE SERVICES; (4) THE INABILITY TO ACCESS OR RETRIEVE ANY CONTENT FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR ANY SIMILAR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY COMMUNITY AREA OF THE SERVICES; AND (6) ANY USER’S VISIT TO, INTERACTION WITH OR TRANSACTION OF BUSINESS WITH AN INDIVIDUAL OR BUSINESS ENCOUNTERED THROUGH THE SERVICES.
THIRD PARTY SITES AND SERVICES. Users of Transcona may gain access from the Services to third party sites on the Internet. Third party sites or services are not within the supervision or control of Transcona. Transcona makes no representations or warranties about any third party site or resource, and does not endorse the products or services offered by third parties. Transcona disclaims all responsibility and liability for content on third party websites. Any transactions or activity between you and any third party site or resource are solely between you and the applicable third party. You hereby irrevocably waive any claim against Transcona with respect to third party content. Third party providers of ancillary services may require your agreement to additional or different license or other terms prior to your use or access of their sites or services. Any such agreement shall not in any way modify your Agreement here with Transcona. If you transact business with a third party you encounter through the Services, you agree such third party may share details of your transactions with them with Transcona.
REGISTRATION AND SECURITY. As a condition to using the Services, you may be required to supply Transcona with certain registration information. You shall provide Transcona with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in termination of your access to and use of the Services. You may not use as your username a name (i) of another person with the intent to impersonate that person; or (ii) subject to any rights of a person other than you without appropriate authorization; or (iii) that is otherwise offensive, vulgar or obscene. You shall never use another User’s account or registration information, for Transcona’s or any third party services you access through Transcona, without permission. Transcona reserves the right to refuse registration of or cancel a username in its discretion. You shall be responsible for maintaining the confidentiality of your Transcona password.
As a condition to using certain of the Services, you may be required to meet certain occupational or industry criteria. Transcona may limit the use of Transcona Listings to property managers and owners, listings directors and owners and principals of brokerage firms, licensed real estate agents and brokers, and other individuals and entities involved in the business of renting real property. Transcona may require license information and employment verification from some users.
You irrevocably authorize Transcona to disclose your personally identifiable information at the request of any state, federal or other governmental agency or in response to any judicial process (including, without limitation, a subpoena).
INDEMNITY. You will indemnify and hold Transcona, its directors, officers, employees, agents, and representatives harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or your infringement, or the infringement by any third party using your registration information, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY. IN NO EVENT SHALL TRANSCONA, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. TRANSCONA’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TERMINATION; FEES. Either party may terminate the Services at any time by notifying the other party by any means. Transcona may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Transcona may terminate your use of the Services in the event you repeatedly post inaccurate or outdated information on Transcona Listings or fail to honor appointments booked using the Services. Upon any termination, your right to use the Services and access Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Transcona may charge for use of the Services In the event you use Services for which Transcona requires payment, your subscription to those Services will be on a monthly basis. Any fees paid hereunder are non-refundable. If you purchase paid Services, we will charge your credit card automatically on the monthly anniversary of your start of service until you terminate your subscription. Once you have been charged the monthly subscription fee, there are no refunds, partial or in full for that month's service. Therefore, you must notify us at least [one business day] prior to the charge date of your monthly service renewal if you wish to terminate service.
11. DISPUTE RESOLUTION. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, excluding its conflicts of law rules, and Canada. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by the provincial and federal courts located in the Province of British Columbia. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section.
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Last updated: 09-11-2015