Terms & Conditions
Welcome to the KelownaRealEstateMag.com website (the “Site”).
By using and/or accessing the Site, you are agreeing to comply with and be bound by the following Terms and Conditions (the “Agreement”). Please review the following terms of this Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Site in any manner or form.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Agreement with respect to your use of the Site. This Agreement, together with the Site Privacy Policy, constitute the entire and only agreement between you and KelownaRealEstateMag.com with respect to your use of the Site, and supersede all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. By your continued use of the Site, you hereby agree to all the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
2. License Grant. As a user of this Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated Site content in accordance with this Agreement. KelownaRealEstateMag.com may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. KelownaRealEstateMag.com reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on KelownaRealEstateMag.com infrastructure. Your right to use the Site is not transferable.
3. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The posting of information or material at the Site by KelownaRealEstateMag.com does not constitute a waiver of any right in such information and/or materials.
4. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
5. Indemnification. You agree to indemnify and hold KelownaRealEstateMag.com, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees and agents, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of or in connection with: (a) your use of the Site; (b) your breach of this Agreement; (c) your violation of any rights of another individual and/or entity; and/or (d) your use of any products and/or services provided from an KelownaRealEstateMag.com Service Provider Affiliate. The provisions of this paragraph are for the benefit of KelownaRealEstateMag.com, its parent, subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
6. Disclaimer of Warranties. THE SITE AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDER AFFILIATES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, KelownaRealEstateMag.com MAKES NO WARRANTY THAT: (A) THE SITE AND/OR PRODUCTS AND/OR SERVICES PROVIDED BY OUR SERVICE PROVIDER AFFILIATES WILL MEET YOUR REQUIREMENTS: (B) THE SITE AND/OR PRODUCTS AND/OR SERVICES PROVIDED BY OUR SERVICE PROVIDER AFFILIATES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KelownaRealEstateMag.com, ONE OF ITS SERVICE PROVIDER AFFILIATES OR THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
7. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT KelownaRealEstateMag.com SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KelownaRealEstateMag.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE AN KelownaRealEstateMag.com SERVICE PROVIDER AFFILIATE PRODUCT AND/OR SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, THE SERVICE PROVIDER AFFILIATE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR A SERVICE PROVIDER AFFILIATE SITE; AND (C) ANY OTHER MATTER RELATING TO THE KelownaRealEstateMag.com SERVICE AND/OR SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE KelownaRealEstateMag.com FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF KelownaRealEstateMag.com TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR KelownaRealEstateMag.com SERVICE PROVIDER AFFILIATE PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE KelownaRealEstateMag.com FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND KelownaRealEstateMag.com. THIS SITE AND THE PRODUCTS AND SERVICES AVAILABLE THOUGH USE OF THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
8. Legal Warning. Any attempt by any individual, whether or not an KelownaRealEstateMag.com customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Site, is a violation of criminal and civil law and KelownaRealEstateMag.com will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible at law and in equity.
