Legal

Acceptance of terms

CondoSky provides numerous services to its members, including a collection of online resources, and various email services, (referred to hereafter as “the Service”) subject to the following Terms of Use (“Terms”. By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular CondoSky service, you agree to abide by any applicable posted guidelines for all CondoSky services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THE WEBSITE.

Modifications to this agreement

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

Content

CondoSky makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will CondoSky be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that CondoSky does not pre-screen or approve Content, but that CondoSky shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

CondoSky is a company with the attributes to assist developers, homeowners, real estate buyers and sellers, investors and those who are simply interested in what is available globally in the real estate markets.

Third party content, websites, and services

The CondoSky website and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of CondoSky and the Service, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Your relationship with other individuals, entities, or organizations shall be governed by the terms and use policies of those websites as well. You agree that CondoSky shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this website, or between users and any third party, you understand and agree that neither CondoSky nor the Service is under any obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release CondoSky, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.

Proprietary rights

This website is controlled and operated by CondoSky Home Marketing Inc. All content on this website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trade-marks, service marks, and/or other intellectual property rights (which are governed by Canadian and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by CondoSky or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to CondoSky. Content on this website or any website owned, operated, licensed or controlled by the Providers is solely for your personal use and not for any commercial purpose or use. You agree that You will not modify, copy, distribute, transmit, display, perform, reproduce, publish license, transfer, download, post, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the website, including, but not limited to the text, graphics, logos, photos, and audio and visual files, without express written permission from CondoSky. You may request consent in writing by sending it to the attention of Sam Sibai, President, CondoSky Home Marketing. 4316 Village Centre Court, Mississauga, Ontario, Canada L4Z 1S2. Without the prior written consent of CondoSky or the Providers, your modification of the content, materials, use of the content or materials on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of CondoSky and/or the Provider copyrights, trade-marks or service marks and other proprietary rights, and is prohibited. You may not use on your website any trade-marks, service marks or copyrighted materials that appear on this website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another website any of the content or other materials on this website without prior written consent of CondoSky. The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the website or the collective work, and/or copying or reproducing the websites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of CondoSky. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of CondoSky, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. The words CondoSky are a registered mark in the Canadian Intellectual Property Office. Although CondoSky does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to CondoSky an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant CondoSky all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

Disclaimer of warranties

THE LINKS IN THEWEB SITE WILL LET THE USER LEAVE CONDOSKY’S WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OR POSSESSION OF CONDOSKY, ITS AFFILIATES, EMPLOYEES, AND AGENTS. CONDOSKY SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITE LINKED TO THE WEBSITE. CONDOSKY IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THE WEBSITE IS AT YOUR OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY CONDOSKY OF THE LINKED SITE. YOU MAY NOT ESTALBLISH A HYPERLINK TO THIS WEB SITE OR PROVIDE ANY LINKS THAT STATE OR IMPLY ANY SPONSORSHIP OR ENDORSEMENT OF YOUR WEBSITE BY CONDOSKY OR ITS AFFILIATES OR PROVIDERS UNLESS CONDOSKY OR ITS AFFILIATES OR PROVIDERS HAVE AGREED AND CONSENTED TO SUCH LINKS IN WRITING. YOU AGREE THAT USE OF CONDOSKY’s WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE CONDOSKY WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CONDOSKY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CONDOSKY WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CONDOSKY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CONDOSKY WEBSITE OR THE WEBSITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE CONDOSKY WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CONDOSKY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CONDOSKY WEBSITE OR THE SERVICE. FURTHER, NEITHER CONDOSKY, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE SHALL BE FREE OF ANY INTERRUPTION, ERROR, DEFECT, THAT DEFECTS SHALL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WHETHER KNOWN OR UNKNOWN. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. CONDOSKY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT THE SOLE RISK OF THE USER AND CONDOSKY. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM, IF ANY. YOU EXPRESSLY AGREE THAT NEITHER CONDOSKY, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON AND/OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE. YOU FURTHER AGREE THAT CONDOSKY AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CONDOSKY, ITS AFFILIATES, ITS EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE OR RESPONSIBLE FOR WRONGFUL OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, YOU AGREE THAT CONDOSKY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. CONDOSKY RESERVES ALL RIGHTS AND APPLIABLE DEFENSES PERMITTED BY LAW.

Limitations of liability

UNDER NO CIRCUMSTANCES SHALL CONDOSKY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CONDOSKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE CONDOSKY WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CONDOSKY WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE CONDOSKY WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CONDOSKY WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CONDOSKY WEBSITE OR THE SERVICE OR ANY LINKS ON THE CONDOSKY WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CONDOSKY WEBSITE OR THE SERVICE OR ANY LINKS ON THE CONDOSKY WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, YOU AGREE THAT CONDOSKY’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. CONDOSKY RESERVES ALL RIGHTS AND APPLIABLE DEFENSES PERMITTED BY LAW. CONDOSKY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEB SITE, EVEN IF CONDOSKY OR THE WEB SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEBSITE, SOFTWARE, OR RELATED INFORMATION, RECORDS OR PROGRAMS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, YOU AGREE THAT CONDOSKY’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. CONDOSKY RESERVES ALL RIGHTS AND APPLIABLE DEFENSES PERMITTED BY LAW.

General information and venue for legal claims Unless otherwise specified, the content and information contained in this Website is presented solely for your convenience and/or information. The Terms constitute the entire agreement between you and CondoSky and govern your use of the Service, superceding any prior agreements between you and CondoSky. The Terms and the relationship between you and CondoSky shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of law provisions. This Website is controlled and operated by CondoSky through a third party located within Alberta. CondoSky makes no representation that content in its website is appropriate or available for use in other locations. By use of this website You agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario, Canada. Any action You, any third party or CondoSky initiates to enforce these Terms, or in connection with any matters related to this Website, shall be brought only in the Provincial or Federal courts located in Ontario, Canada and You expressly consent to the jurisdiction of said courts. If any action is brought in any other Court outside of Ontario, Canada You agree You shall be liable for all attorney fees and legal costs involved in transferring the action to Ontario, Canada for litigation. The failure of CondoSky to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.