PLEASE READ THESE TERMS OF SERVICE and THE PRIVACY POLICY CAREFULLY AND PRINT A COPY FOR YOUR RECORDS BEFORE USING THIS WEBSITE.
IF YOU ARE UNDER THE AGE OF 18 (a “MINOR”) YOU MUST MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THE TERMS OF SERVICE and THE PRIVACY POLICY ON YOUR BEHALF.
BY ACCESSING THE WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE and THE PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE and PRIVACY POLICY, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE AND THEREFORE WE ASK THAT YOU PLEASE DO NOT CONTINUE TO USE THIS WEBSITE.
Terms of Service
CONDOinMotion.com and any of its subdomains (collectively referred to as the “website”) provides knowledge on demand to the CONDO community through our Internet Broadcasting based video platform. Whether you are a condo owner, a tenant, a board member, interested in buying or living in a condo or a professional that services the Condo community, our video platform allows those who are involved or want to be involved in the CONDO community to share knowledge, experiences and ideas.
CANWAY, or any of its subsidiaries and affiliates (hereinafter referred to as “CANWAY”), the owner and publisher of the website has created these Terms of Service. The Terms of Service is applicable to all users of the website while you are visiting the website.
ACCEPTANCE
By accessing the webiste you agree to be bound by all the terms of service, which may be amended from time to time in our sole discretion.
The Terms of Service is a contract between you and CANWAY and applies to all users of this Website. In this Agreement “you” or “your” means any person or entity using this Website, provided that if such person is under 18 years of age (a “Minor”) it also includes such person’s parent or legal guardian.
If you have any questions relating to the Website, they can be sent to CANWAY at info@canway.tv or you can reach us by
phone at 416 822-6929.
CONDOinMotion.com provides knowledge on demand to the CONDO community through our Internet Broadcasting based video platform. Whether you are a condo owner, a tenant, a board member, interested in buying or living in a condo or a professional that services the Condo community, our video platform allows those who are involved or want to be involved in the CONDO community to share knowledge, experiences and ideas.
No Warranties
CANWAY, CONDOinMotion.com, Guests, Participants and their representatives will not be held liable in any respect whatsoever for any statements made in videos or on the CONDOinMotion.com website itself. The views expressed by the Guest in videos does not represent those of CANWAY, CONDOinMotion.com or its representatives. The information provided in videos is general information only and may not apply to your specific situation. Do not rely upon videos as a professional opinion. As every situation is unique we recommend that you contact a professional for advice regarding your particular situation.
The use of this website is at your own risk. CANWAY does not warrant the quality, accuracy or completeness of any information on our website. Such information is provided “AS IS” without warranty or condition of any kind. In no event shall CANWAY, CONDOinMotion.com, Guests and their representatives be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available on this website.
To the fullest extent permitted by law, CANWAY disclaims all warranties, representations and conditions, either express or implied, including without limitation implied warranties of merchantability, non-infringement or fitness for a particular purpose, in connection with this website, its contents, the products or services available through this website, or associated with the use of this website or any website or contents with which it is linked.
CANWAY does not warrant that this website, the contents therein, or any website to which this website is linked will be available at any particular time, will be provided in an uninterrupted or error-free manner or will be corrected if found to be defective. CANWAY reserves the right to modify and/or discontinue this website at any time without notice.
CANWAY does not warrant that this website or the servers that make this website and its contents available will work with any particular hardware or software systems or configurations or are free of viruses or other harmful contents.
Limitations of Liability
CANWAY shall not be liable to for any loss of use, loss of data, loss of income or profit, loss of damage to property or any damages of any kind or character arising out of or in connection with the use of or the inability to use this website or any of the content even if CANWAY has been advised of the possibility of such damages or losses.
CANWAY is not responsible for any infections or contaminations of your system or delays, inaccuracies, errors or omissions arising out of your use of this website.
In no event shall the total liability of CANWAY for all damages, losses and causes of action and costs and expenses (including legal fees) whether in contract, tort or otherwise related to your use of or the inability to use this website, or any of the content or functions on this website exceed the less of i) the amount, if any, pay by you in connection with your access or ii) $100 Canadian.
No Endorsement
No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this website.
Interruption to Site's Services
While CANWAY endeavors to make all reasonable efforts to make the website available to users 24 hours per day, 7 days a week, CANWAY shall assume no responsibility or liability in respect of the loss of data during transmission over the Internet as a result of interruptions beyond our control or due to down-time caused by routine maintenance and updates. You acknowledge that from time to time, use of the Website may be interrupted as a result of circumstances, whether or not within our control.
Intellectual Property and Restriction on Use
All content on this website (hereafter referred to as “content”) are the property of CANWAY, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns, and are protected, without limitation, by Canadian and other foreign laws. Without limiting the generality of any other provisions of the Terms of Service, the use or sale of any content on any other website or networked computer environment is strictly prohibited.
You shall not download any content and you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content in any form or by any means (known or unknown), in whole or part, unless you have prior written consent from CANWAY.
You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on use of the website or the content therein.
Limited License
CANWAY grants to you a limited license to display and use the underlying content that is made available to you on the website on your computer or mobile device for personal, non-commercial use.
You agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the content in a manner that suggests an association with CANWAY unless the parties agree in writing otherwise. You may not make any modifications to any content other than as expressly permitted by CANWAY.
Without limiting the generality of the foregoing, and except as otherwise expressly agreed to by CANWAY, you additionally agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information or content for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the content; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) reverse engineer or create any derivative work of this Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of CANWAY or its licensors; or (viii) use any meta tags or any other “hidden text” utilizing the intellectual property (including copyright, trademarks, logos, trade names) or content of CANWAY or its licensors.
What can you share?
You can provide links that direct a person to the content on CONDOinMotion.com. If you know anyone interested in viewing CONDOinMotion.com, please feel free to send him or her a link to www.CONDOinMotion.com.
Choice of Law
CONDOinMotion.com is operated by CANWAY from its offices in Barrie, Ontario. The laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this agreement notwithstanding any conflict of laws provisions or the user's domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this agreement. Except as prohibited by applicable law, you hereby agree to waive any right to commence or participate in any class action against CANWAY related to any claim arising from use of the website.
Privacy Policy
CANWAY’s privacy policy (the "Privacy Policy") provides a detailed description of our information gathering and privacy policies and practices. The Privacy Policy forms part of the Terms of Service and is incorporated by reference. Please review our Privacy Policy.
Amendments
We may amend or supplement the Terms of Service at any time. Please check the Terms of Service each time you access and use this website so that you will understand the terms applicable to your access and use of this website. When we make changes to the Terms of Service, we may notify you of the changes by posting the revised version on the website and ask for your agreement to it at that time. If you do not agree to the amended Terms of Service, you may not continue to access or use the website. Notwithstanding the foregoing, we may make changes, additions, deletions, or modifications to the Terms of Service from time to time without further notice to you. It is your responsibility to check the Website for the most up-to-date version of the Terms of Service.
Third Party Websites
CANWAY encourages all users to educate themselves about the risks associated with Internet usage. We also recommend reviewing the applicable terms and policies of any site you visit. As you may be able to link to other third party websites through this website, we must make it clear that we make no representation as to the accuracy of content available on third party sites, and if you choose to visit other sites, you do so at their own risk.
Spam
The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
Vary, Modify, Change or Discontinue
CANWAY has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website; (ii) any part or all of this Website, including hours of availability; and (iii) to restrict access to parts or all of this Website from time to time with or without notice to you. CANWAY may make available and upgrade this Website and any such upgrades will form part of this Website and be governed by the terms and conditions of this Terms of Service.
Disputes
You agree that: (a) any and all disputes, claims and causes of action arising out from use of this website shall be resolved individually, without resort to any form of class action, in accordance with Ontario law (and the laws of Canada applicable therein) and exclusively by the appropriate court of the Province of Ontario, Canada, without giving effect to any of its principles in respect of conflict of laws; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of this website, but in no event legal fees; and (c) you waive the right to claim any damages whatsoever, including but not limited to punitive, consequential, or indirect damages.
If the dispute resolution provisions of these Terms of Service are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the Superior Court of Justice or, for matters involving intellectual property, the Federal Court of Canada, located in Toronto, Ontario, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under this Agreement shall be English.
General
The Terms of Service and all modifications hereto contains the entire understanding between you and CANWAY in connection with your access and use of this Website, and supersedes all prior agreements, understandings, negotiations or discussions, whether oral or written between you and CANWAY with respect to your access and use of this Website. If any provision of this Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this Agreement which is held null, void or otherwise ineffective or invalid by a court of competent jurisdiction cannot be restated by such court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from this Agreement. Your use of this Website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and CANWAY. This Agreement may not be assigned by you. You confirm that CANWAY has encouraged you to obtain independent legal advice regarding this Agreement, and that you have obtained such advice or have voluntarily chosen not to do so.
Effective Date: March 2013