Please read these terms and conditions of use as set out below (the “Terms”) carefully before using the mapyourproperty.com web site and the MapYourProperty service (collectively with the Site, the “Site”). These Terms govern your access to and use of this Site, including the messages, information, data, text, software, images and other content that make up this site (the “Content,” which content is part of this Site). These Terms exempt MapYourProperty Inc. (“MapYourProperty,” “we,” or “us”) and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of this site.
Your use of this Site is conditional on your acceptance of these Terms. By visiting or using this Site you agree on your own behalf, and on behalf of any organization on whose behalf you may act (collectively referred to herein as “you”), to accept and abide by these Terms for each use of and each visit to this Site. You also agree to comply with our Privacy Statement available at http://www.mapyourproperty.com/privacy.
If you do not agree to abide by these Terms, you cannot use this Site. You agree to have these Terms and any related information made available to you, and to otherwise have communications between you and us occur, electronically. You may also be subject to additional terms and conditions applicable to certain services, including the MapYourProperty mobile application , which are incorporated by reference into these Terms.
We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time. If we exercise this right the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to these Terms are posted to this Site. It is your responsibility to check these Terms each time you access this Site to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of these Terms. If any change to these Terms is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes. These Terms apply exclusively to your use of this Site and do not alter the terms or conditions of any other agreement you may have with us.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Site; (ii) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Site or any features of this Site; and (iii) removing, adding, modifying or otherwise changing any Content on this Site. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirm that we have no duty to do so.
You must be 18 years of age or older and of at least the age of majority in the jurisdiction in which you reside as of the time you register with us.
Subject to these terms, you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to use this Site, including the Content therein accessible through this Site, solely for informational purposes and solely for your own personal use or your internal business use if you are an Organization (as defined below). Other than as set out in an Order Form or as otherwise agreed by us in writing, you may not use access or use the Site for the purposes of resale or to provide services to third parties.
You may not, nor may you cause or assist another to: (a) modify, reverse engineer, decompile, create derivative works from, or disassemble this Site for any reason whatsoever, including for the purpose of creating competitive products or services; (b) resell any Content; (c) copy any Content onto your own or any other web site or into a database or mobile application; (d) use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the infrastructure of this Site); (e) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part; (f) use this Site in any manner that may dilute or depreciate our name or reputation, our Marks (as defined below) or our affiliates or associates; or (g) interfere with any other persons’ use and enjoyment of this Site or of the Internet generally.
To the extent you are in breach of your obligations under these Terms, MapYourProperty may investigate occurrences which may involve violations of such laws and co-operate with law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including without limitation your personal information or your identity) regarding your usage of this Site (including any perceived violations of applicable law), in each case as may be permitted by or required to satisfy applicable law.
To use the Site, you must register for an account to search properties (“Users”).
(a) For Users:
(i) You must register as a member by providing your real name, password, and valid email address. You must provide complete and accurate information to us and notify us if your information changes.
(ii) You may not share your User name or password with any other person. You are responsible for all activity occurring under your User account. and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the Site, including those related to data privacy, international communications and the transmission of technical or personal information. You shall: (A) notify us immediately of any unauthorized use of any password or User account or any other known or suspected breach of security; and (B) not impersonate another person or provide false identity information to gain access to or use the Site. Without limitation, we may immediately remove or suspend any User account that falls, or is suspected of falling, under the scope of the foregoing paragraphs (A) or (B).
(iii) If you become aware of an unauthorized access to your account, you must change your password and notify us immediately. You agree to notify us promptly of any unauthorized use of your password and you will remain liable for any use of this Site to the extent permitted by law.
(iv) You must not use this Site in any manner that is unlawful (including by accessing this Site from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others.
(v) You represent that you have the authority to enter into these Terms on behalf of your company or other person on whose behalf you may be entering into these Terms (“Organization”).
(vi) You agree, and represent that you have the right to agree, to have the name and logo of your Organization listed on this Site.
Your use of this Site is contingent upon your payment of fees. The fees are set out at www.mapyourproperty.com as may be amended from time to time or in an order form executed by you and by us (“Order Form”). Please note that prices and charges associated with this Site are set out in Canadian dollars.
MapYourProperty will invoice you on a quarterly basis for all fees due with respect to your use of this Site, including applicable taxes, or on such other frequency as may be set out in an Order Form. You are responsible for and agree to pay promptly, all charges to your account, including applicable taxes on use by you or anyone you allow to use your account and password to access this Site. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and email address.
Payments are processed on behalf of MapYourProperty by a third party payment processor using their secure site. Upon submitting your order your information will be sent to the third party payment processor. Your browser will require the ability to support SSL encryption. If your browser cannot support SSL encryption, you may not be able to connect to the third party payment processor page. Personal information that you submit during the payment process is subject to our privacy policy. We do not collect or store your full credit card number or security code.
Unless otherwise designated in the Order Form, the term of each subscription to use the Site shall be one (1) year commencing on the effective date of the applicable Order Form (the “Subscription Term”). Each Subscription Term shall automatically renew for one additional period of one (1) year unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current Subscription Term.
This Site is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Site (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying, redistribution, reproduction or modification of this Site or any of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site, including without limitation “MapYourProperty,” constitute trade-marks, trade names, trade dress and associated products and services of MapYourProperty or its affiliates (the “Marks”) or constitute trade-marks, trade names, trade dress and associated products and services of MapYourProperty suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Site does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of MapYourProperty or such third party, as applicable, is strictly prohibited.
Certain links on this Site may take you to other web sites that are not owned or operated by MapYourProperty. MapYourProperty provides these links only as a convenience. MapYourProperty is not responsible for the content of any such linked web sites. MapYourProperty makes no representation or warranty regarding, and does not endorse, such linked web sites, the information or other content appearing thereon or any of the products or services available on or through such web sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We welcome you to link to this Site. However, you agree that if you link to this Site your website shall not (a) alter the visual presentation of this Site; (b) imply that MapYourProperty is endorsing you or any other person, or your or such other person’s products or services; (c) imply an affiliation between you or any other person, or your or such other person’s products or services, and MapYourProperty without the prior written consent of MapYourProperty; (d) misrepresent the relationship of you or any other person with MapYourProperty or present false, misleading or otherwise damaging information or impressions about MapYourProperty or any of its products or services; or (e) contain materials that may be illegal or interpreted as distasteful, harmful, offensive, or inaccurate.
MapYourProperty uses data sourced from third parties, including certain municipalities (“Data”). MapYourProperty does not independently verify any Data, has no control over, and disclaims any responsibility and liability for, the content, truth, accuracy, or completeness of any Data, or the quality, safety or legality of the subject of the Data. The applicable third party supplying such Data is solely responsible for the form, content and accuracy of such Data. You acknowledge there may be, and you assume all, risks associated with the use of any such Data.
Any personal information which MapYourProperty collects via this Site is subject to the MapYourProperty Privacy Statement available at http://www.mapyourproperty.com/privacy, which is incorporated by reference into these Terms.
When you use our mobile applications or interact with this Site, you agree that information about you and your use of this Site, including but not limited to, the type of device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing plugins that load in your browser may be communicated to us.
Any non-identifiable information gathered by us through your use of this Site may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, and assess utilization of this Site. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.
(a) Subject to any applicable law and the requirements of our Privacy Statement:
(i) We do not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to us.
(ii) Any communications sent by you to us via this Site or otherwise, including Submissions, whether solicited by us or otherwise, are on a non-confidential basis (other than personal information which is covered under our Privacy Statement), and we are free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of MapYourProperty and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.
(b) We are not obliged to monitor, screen, police or edit your use of this Site, including any content you or others may contribute to this Site, although we may choose to do so in our sole discretion. We will respond as we consider appropriate, in our sole discretion, if we become aware of any inappropriate uses of this Site, including without limitation use that constitute copyright infringement.
We make no representation or warranty and there are no conditions of any kind regarding this Site, the Content or Data, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content or Data, including that they are appropriate or available for use at any locations outside Canada. Accessing the Content or Data from locations where the Content or Data are illegal is prohibited. You are advised that accessing this Site from locations where its contents are illegal is prohibited. Any diversion of the services and/or any Content obtained from or through the services contrary to Canadian is also prohibited. If you access this Site from locations other than Canada, then you do so on your own initiative and you are solely responsible for compliance with all applicable laws, including export and import regulations and intellectual property laws of other countries.
You acknowledge and agree that this Site (including without limitation the Content or the Data) are provided on an “AS IS” basis and that any use of or reliance on this Site shall be at your sole risk.
We do not screen or verify the Data. You agree that we are not responsible for the quality or accuracy of the Data or the ability or suitability of any properties searched by you.
MAPYOURPROPERTY AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SITE (INCLUDING THE CONTENT AND DATA). FOR GREATER CERTAINTY, MAPYOURPROPERTY DOES NOT WARRANT THAT THIS SITE WILL (i) MEET YOUR REQUIREMENTS, (ii) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (iii) BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT OR COMPLETE, (iv) CONTINUE TO OPERATE, (v) OPERATE WITHOUT INTERRUPTIONS, OR (vi) BE ERROR-FREE.
YOU AGREE THAT IN NO EVENT WILL MAPYOURPROPERTY OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “MAPYOURPROPERTY REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE, THE CONTENT, THE DATA FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, THE CONTENT, THE DATA OR ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES OR CONTENT OR DATA, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES), EVEN IF WE OR ANY MAPYOURPROPERTY REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
YOU ACKNOWLEDGE THAT MAPYOURPROPERTY ACTS AS TRUSTEE FOR THE MAPYOURPROPERTY REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF A MAPYOURPROPERTY REPRESENTATIVE. MAPYOURPROPERTY AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH MAPYOURPROPERTY REPRESENTATIVE.
You will indemnify and hold us and the MapYourProperty Representatives (the “indemnified parties”) harmless from and against any claims brought by third parties arising out of your use of this site, and any breach of these Terms by you, including any use of the Content or Data other than as expressly authorized in these Terms. You agree that the indemnified parties will have no liability in connection with any such breach or unauthorized use or modification, and agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of the indemnified parties in connection therewith.
You agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
Any dispute between us and you or any other person arising from, in connection with or relating to this Site, these Terms, any transaction through this Site or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.
If you breach any provision of these Terms, then you may no longer use this Site. We, in our sole discretion, shall determine whether these Terms have been violated. You agree that we may, in our sole discretion, terminate or suspend your account with or without notice.
Upon termination or suspension of your account, regardless of the reasons therefore, your right to use this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
These Terms constitute the entire agreement between us and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to this subject matter. Notwithstanding the foregoing, if you and MapYourProperty agree to a written agreement and such agreement expressly overrides these Terms, the provisions of such agreement will prevail. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
No waiver of or consent to depart from the requirements of any provision of these Terms will be binding unless it is in writing and signed by MapYourProperty. You and MapYourProperty are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms.
The provisions of these Terms will enure to the benefit of and be binding upon you and MapYourProperty and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without our express prior written consent, which may be withheld in our sole discretion. We may assign these Terms and our respective rights and obligations under these Terms without your consent.
All notices to us shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer service representatives at admin@mapyourproperty.com. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your membership. In addition, we may broadcast notices or messages through this Site to inform you of changes to this Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.