Terms

THESE TERMS OF USE CONTAIN CERTAIN OBLIGATIONS. PLEASE READ THESE TERMS OF USE CAREFULLY PRIOR TO USING THIS WEBSITE.

 

Terms of Use

 

Konfidis, Brokerage (“Konfidis”) provides this website https://konfidis.com (the “Site”) to you, the user, subject to your acceptance of the following terms and conditions of use (these “Terms of Use”). By accessing any areas of the Site, you, the user, acknowledge and agree to be bound by the Terms of Use, without limitation or qualification. If you do not agree with any of these Terms of Use, please do not access or use this Site. The Materials (hereinafter defined) contained on this Site are protected by applicable copyright and trademark law.

 

Use and Restrictions

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You may access and use the Site and the information, commentaries, features and services thereon (collectively the “Materials”) only in accordance with all applicable laws and regulations and with these Terms of Use. You are using the Site only for your personal and non-commercial use and only as authorized by these Terms of Use. You are using the Site in a jurisdiction where access to, or use of, the Site or the Materials, is not prohibited or illegal.

 

Disclaimers

 

Konfidis, ITS BROKERS AND SALES PEOPLE DO NOT MAKE ANY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE SITE, THE MATERIALS, AND/OR THE THIRD PARTY LINKS, INCLUDING, WITHOUT LIMITATION:

 

i) WARRANTIES OR CONDITIONS OF TITLE AND NON-INFRINGEMENT;

 

ii) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND SUITABILITY FOR A PARTICULAR PURPOSE;

 

iii) WARRANTIES OR CONDITIONS THAT THE MATERIALS WILL BE USEFUL OR MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE MATERIALS WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF DEFECTS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE WEBSITE WILL BE COMPLETE, ACCURATE OR RELIABLE;

 

iv) WARRANTIES OR CONDITIONS AS TO PRIVACY OR SECURITY; AND

 

v) WARRANTIES OR CONDITIONS ARISING FORM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, WITH RESPECT TO THE SITE, THE MATERIALS OR THE THIRD PARTY LINKS

BY ACCESSING THE SITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

i) THE MATERIALS AND THIRD PARTY LINKS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL ADVICE OR AS A GUARANTEE OR WARRANTY WITH RESPECT TO A REAL ESTATE PURCHASE OR SALE OR INVESTING.

 

ii) THE SITE, MATERIALS AND THIRD PARTY LINKS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS;

 

iii) ANY USE OF, OR RELIANCE ON, THE SITE, THE MATERIALS AND/OR THIRD PARTY LINKS IS AT YOUR OWN RISK;

 

iv) NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM Konfidis, ITS BROKERS OR SALES PEOPLE OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE; AND

 

v) Konfidis DOES NOT PROMISE OR WARRANT THE SECURITY OF ANY PERSONAL INFORMATION PROVIDED BY YOU THROUGH THE USE OF THE SITE, THE MATERIALS, OR THE THIRD PARTY LINKS AND SUCH TRANSMISSION OF PERSONAL INFORMATION IS DONE AT YOUR OWN RISK.

 

Third Party Links

 

The Site contains links to websites of third parties or content posted by third parties (the “Third Party Links”). Konfidis is not responsible, directly or indirectly, in any way, for the accuracy, relevancy, completeness or timeliness of any content accessible from any Third Party Links. Konfidis is not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any of the Third Party Links.

 

The inclusion of any Third Party Links does not imply endorsement or approval by Konfidis of the Third Party Links and any third party named therein, or their products and services. Konfidis shall not be liable whatsoever for any incompatibility, non-suitability, viral infection, or other destructive/disruptive components on or from such Third Party Links.

 

Use of any Third Party Links on the Site is at your sole risk.

 

Modifications

 

Konfidis, in its sole discretion, at any time, without notice or liability, may modify, alter, or otherwise update the Terms of Use or the Materials and you agree to be bound by such modifications, alterations and/or updates. All users of this Site are bound by these Terms of Use and should therefore periodically visit this Site to review the changes to these Terms of Use or the Materials. If any modification, alteration or update of the Terms of Use is not acceptable to you, you must cease from accessing the Site.

 

The continued use of this Site by you following the posting of any changes, alterations and/or modifications to the Terms of Use or the Materials constitutes acceptance by you of such modifications.

 

Use of License

 

The Materials on the Site are protected by all applicable copyright and trademark laws. Permission is granted to you to temporarily download one copy of the Materials on the Site solely for your personal, non-commercial transitory viewing. This is the grant of a license, not a transfer of title, and under this license you may not:

 

• modify or copy the Materials;

• use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);

• attempt to decompile or reverse engineer any software or any of the Materials contained on the Site;

• remove any copyright or other proprietary notations from the Materials; or

• transfer the Materials to another person or "mirror" the Materials on any other server.

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Konfidis at any time, at its sole discretion. Upon terminating your viewing of the Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format forthwith.

 

No Warranties or Representations

 

Any Materials on the Site are provided on an 'as is” and “as available”' basis, without any representations, warranties or conditions of any kind, whether expressed or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness, all of which are hereby disclaimed by Konfidis to the fullest extent permitted by law.

 

This Site is only intended to provide you with general information and is neither an offer to sell nor a solicitation of an offer to purchase any security and may not be relied upon for investment purposes and should not be relied upon as professional advice or guarantee or warranty in respect of a real estate transaction or investment advice.

 

The Site and the Materials are made available solely for the purposes of information gathering and are in no way intended to act as a replacement for professional legal, accounting, financial or tax advice. Please consult with your legal, tax and/or financial advisors with respect to your particular circumstances.

 

Any use of, or reliance on, the Site, the Materials or any Third Party Links is at your sole risk.

 

Accuracy, Completeness and Timeliness of the Materials

 

The Site and the Materials are provided to you for general information only and are not intended to be a replacement for professional advice, assessment or evaluation. Any Materials on the Site should not be used as the sole basis for making your purchase or investment decision. Always consult with primary sources and appropriate advisors for more accurate, complete and timely sources of information.

 

Errors, Inaccuracies and Omissions

 

The Materials appearing on the Site may include technical, typographical or photographic errors. Whilst Konfidis makes an effort to ensure the information provided on the Site is accurate, current and complete, Konfidis cannot guarantee that any Materials on the Site are accurate, complete or current.

 

Konfidis reserves the right, in its sole discretion, to correct any errors or omissions and will attempt to update the Site or Materials at any time without notice or liability, but does not have the duty or obligation to do so.

 

Limitation of Liability

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EACH OF Konfidis, ITS BROKERS, SALES ASSOCIATES, AFFILIATES, SUBSIDIARIES OR LICENSORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY OTHER PERSON IN CONNECTION WITH THE SITE IN ANY WAY FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, ECONOMIC, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, DATA OR ANTICIPATED PROFITS OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR ACCESS TO, OR INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITE OR ANY OF THE THIRD PARTY LINKS (INCLUDING BUT NOT LIMITED TO, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE SITE, ANY MATERIALS OR ANY THIRD PARTY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE SITE OR ANY THIRD PARTY LINKS) THESE LIMITATIONS APPLY EVEN IF THE PARTY LIABLE OR ALLEGEDLY LIABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.

 

Indemnity

 

By accessing the Site, you agree to indemnify and hold harmless each of Konfidis, its agents, affiliates, subsidiaries, licensors, brokers, suppliers and each their respective directors, officers, agents and employees, including all third parties mentioned on the Site from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses (including reasonable legal and accounting fees) arising from or in connection with a breach of these Terms of Use, your access to, use of or reliance on the Site and and/or any of the Materials, and/or any of the Third Party Links.

 

Privacy

 

Konfidis cannot guarantee complete confidentiality or security for information you submit through the Site. By accessing the Site, you acknowledge that Konfidis is not responsible for any damages or losses you may suffer as a result of your submission of personal, confidential or sensitive information through the Site. Please refer to our Privacy Policy for more information. The Site’s Privacy Policy is incorporated by reference into these Terms of Use.

 

Termination of Access

 

Konfidis reserves the right, in its sole discretion, to terminate, limit or suspend any user’s access or use of this Site without notice or liability, for any reason whatsoever, including but not limited to, any user’s breach of these Terms of Use.

 

Waiver

 

Any failure or delay on the part of Konfidis to exercise or enforce, or exercise any consent to or waiver of Konfidis of any right or provision of these Terms of Use shall not constitute nor operate as a consent to or waiver of a continuing breach or any other breach or default of these Terms of Use.

 

Entire Agreement

 

These Terms of Use constitute the entire agreement between Konfidis and you with respect to your use of the Site, including but not limited to, any of the Materials and/or any of the Third Party Links. These Terms of Use supersede all prior communications, representations or agreements, either oral or written, between Konfidis, its brokers, sales associates or licensors and you in respect to the Site. Additional terms and conditions may apply when you use the Materials provided by any other user or third party or any of the Third Party Links.

 

Severability

 

If any provision of these Terms of Use is determined to be unlawful, void, invalid or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use.

 

Governing Law

 

These Terms of Use and Materials are governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Site and the Materials, each of Konfidis and you irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue for any disputes or matters arising from, connected with, or relating to the Site or any Materials to these Terms of Use or any related matters.