Last Updated: March 21, 2019
Modifications to this Agreement; Waiver
No Implied Advice, Endorsement, or Referral
The Content provided is for informational purposes only. Although Spacelist tries to ensure that information is accurate when it is placed on the Website, Spacelist does not warrant, guarantee or represent that the information is accurate, complete, current or suitable for any particular purpose. Accordingly, you use or rely on such information at your own risk. Spacelist makes no recommendations regarding whether or not you should act on any information you receive from our Website.
Spacelist is not your real estate professional and is not in the business of providing professional real estate advice or services. Nothing on our Website should be interpreted as being real estate advice. If you have any industry related questions, please contact a licensed real estate professional. We are not and do not hold ourselves out as being a brokerage, real estate agent, insurer, tenant-representative, or any other type of real estate professional. Spacelist does not, and is not licensed to provide real estate or property related services (including without limitation appraisals). It is your sole responsibility to determine that a commercial property meets the needs of your business and is suitable for the purposes for which you intend to use it. Similarly, the Website references third parties and third party products and services, but you shall not construe these references as an approval, referral, or endorsement by us of that third party, third party product or service. You are responsible for using your own judgment before engaging any third party to provide you with products or services. We do not represent or warrant that any third party referenced or advertised on our Website is capable, qualified, registered, authorized, or licensed to provide you with any products or services.
Our website may from time to time contain advertisements for tenant-representatives, listing agent, and other real estate professionals (collectively "Real Estate Professionals"). You acknowledge and agree that the Real Estate Professionals’ advertisements on our Website are not and will not be interpreted as a referral, introduction, recommendation, or endorsement of Real Estate Professionals. The Website is not a referral service. Spacelist does not and will not introduce you or refer you to Real Estate Professionals or vice versa.
Restrictions on Use of the Website
Subject to prior written authorization from Spacelist, you acknowledge and agree that you may view, download and print the Content, and use the Website and the Content, for your own personal, non-commercial use and in the ordinary course of your business for your internal research and property marketing purposes; and providing information to clients and prospective clients regarding certain commercial properties, provided such information is (i) not sold or generally distributed, (ii)is restricted in scope to a limited number of commercial properties, and (iii) is not a substantial amount of Content, as determined by us in our sole discretion.
To inquire about obtaining our written permission to a particular use of the Website or Content, send us an email at firstname.lastname@example.org.
Under no circumstances will you use the Website or the Content, or any derivative works from the Content, or any portion thereof, in any manner that may infringe any proprietary or intellectual property rights or interests that Spacelist and/or any third party may have in the Website or the Content, or any derivative works from the Content, or any portion thereof. You represent and warrant to us that you will not use the Website or Content or any material retrieved from the Content to create products or perform services which compete or interfere with the publications and services of Spacelist or its licensors.
General Rules of User Conduct
In using the Website, Content, and any services offered by Spacelist, you agree not to do any of the following:
- conduct or promote any illegal activities;
- interfere with or disrupt the Website or servers or networks connected to the Website;
- intentionally or unintentionally violate any applicable local, provincial, state, federal or international law or regulation;
- attempt to reverse engineer the Website or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
- attempt to gain access to secured portions of the Website to which you do not possess access rights;
- use the Website to generate unsolicited email advertisements or spam; or impersonate another user’
- submit false, misleading, inaccurate, or fraudulent information to the Website;
- transmit harmful or offensive (e.g., violent, hateful, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Website into disrepute.
Accuracy of Information
We work hard to make sure all information provided on the Website is accurate, up-to-date and complete. However, the information and materials on the Website may contain errors or inaccuracies, including both typographical and substantive errors. We make no representations or warranties that Content on our Website is accurate, complete, or error free. You should use your own judgment, or seek expert advice, before acting on any information you obtain on our Website. Spacelist reserves the right, in its sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the Website and to suspend or deny access to the Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and Spacelist has no responsibility to update or amend any such information.
Links to Third-Party Websites
The Website contains links to other Linked Sites that are not owned or controlled by us and we are not responsible for the content of any linked websites. The presence on the Website of a link to any other Linked Site does not imply that we endorse or accept any responsibility for the content or use of such website(s), and you hereby release us from all liability and/or damages that may arise from your use of such website(s). While we encourage links to the Website, we reserve the right to prohibit or refuse to accept any link to the Website at any time. You agree to remove any link you may have to the Website upon our request.
User-Contributed Content and Listing Policy
We encourage and need our users to contribute content to the Website. We do not, however, endorse or guarantee the accuracy, completeness, or usefulness of any content posted on the Website by our users. It is your responsibility to evaluate the accuracy, completeness or usefulness of any content posted by other users. You agree not to upload, post or otherwise make available on the Website any material protected by copyright, trademark or other intellectual property or proprietary right without the express permission of the owner of the copyright, trademark or other intellectual property or proprietary right. For instance, when listing space on the Website, you must have right(s) to do so by virtue of being the owner of the material or having the appropriate permissions from the owner of the material. We reserve the right to remove your listing and may terminate your access to the Website if we determine in our discretion that you are not authorized to market a space or upload certain material. You have the burden of determining whether any material can or cannot be posted or submitted on the Website and is or is not protected by an intellectual property or proprietary right.
Subject to a separate written agreement between you and Spacelist, by submitting material, you grant (or represent and warrant to Spacelist that the owner of such material has expressly granted) to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, sell, reproduce, modify, adapt, publish, perform in public, transmit by way of telecommunication or other means, display, analyse, preserve, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
Listing descriptions are only for the description of the property that is for lease or sale. Contact name, email address, phone number, fax number, company information or URL links for any contacts are strictly prohibited from being included in the description. Any information of this type found in the property description will be removed from the listing. Habitual violations of this policy will result in Spacelist's removal of all of such User's active listings on the website until all such content has been appropriately rectified.
If you are a real estate broker or agent, then you must identify yourself as such including your license number and list your firm’s name or assumed name as licensed in a clear and conspicuous manner. In addition, advertising cannot be false, deceptive, or misleading. If you are a real estate agent or broker, you are responsible for complying with all local, state, and federal laws governing the real estate industry and advertising laws and rules applying to it.
Information sent or received over the Internet is generally unsecure and Spacelist cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.
To access some of the functionalities and features of our Website, you will need to register an account. During the account registration process, you will select a username and a password and will also create a user profile (the "Profile") which will contain, among other things, your contact information. You agree to provide true, accurate, current and complete information about yourself as prompted by the account registration form and maintain and promptly update this data to keep it true, accurate, current and complete at all times.
If you have registered an account on our Website, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility and indemnify Spacelist and its subsidiaries, affiliates, directors, officers, agents, advisors and employees, for all activities that occur under your account or password.
As part of our Website, we provide a platform for you to connect with third-party Real Estate Professionals. To access this feature, you’ll need an account. If on our Website you find Real Estate Professionals you would like to connect with, you have the option (but not the obligation) to connect with those Real Estate Professionals by authorizing Spacelist to share your Profile information with the Real Estate Professionals of your choice. Spacelist will never share your Profile information with a Real Estate Professional unless we have received your prior consent. To provide your consent, you can use the Profile sharing functionality available on our Website.
The Website may provide you with phone numbers that you can use to connect with Spacelist, its service providers, or other third parties, such as Real Estate Professionals. Some of the numbers listed may be routed through a third party service ("Calling Service"). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to Spacelist or through a Calling Service, you consent to such recording and monitoring. Spacelist will treat recorded calls in accordance with Canadian privacy laws. Spacelist will not share your phone number with third parties, including Real Estate Professionals, except with your consent.
Disclaimer of all Representations, Warranties and Conditions
THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE ARE PROVIDED ON AN "AS IS", AS-AVAILABLE BASIS. WE, OUR DIRECTORS, OFFICERS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE WITH RESPECT TO THE CAPABILITY OF THE WEBSITE OR THE ACCURACY OR THE COMPLETENESS OF THE CONTENT PROVIDED THEREON. ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, DOWNLOADING, USING OR RELYING ON ANY SUCH MATERIAL.
SPACELIST DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY COMMERCIAL SPACE, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT OF ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE, AND SPACELIST SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
Limitation of Liability and Indemnification
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. WE ARE NOT LIABLE UNDER CONTRACT LAW, TORT LAW (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL SPACELIST BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), THESE LIMITATIONS SHALL APPLY EVEN IF SPACELIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Jurisdiction; Governing Law
We do not make any representations and does not give any warranties or conditions that information and materials on the Website are appropriate or available for use outside Canada. Those who choose to access the Website from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules regarding online conduct and submission of acceptable materials.
Spacelist Commercial Listings Ltd.
201-388 West 8 th Avenue, Vancouver,
British Columbia, V5Y 3X2
or emailed to email@example.com
Waiver of Class Action
You agree to waive any right you may have to commence or participate in any class action or class arbitration against Spacelist related to any claim and, where applicable, you also agree to opt out of any class proceedings against Spacelist. Where applicable, if a dispute arises between us and you, you waive any right you may have to participate in a trial by jury with respect to that dispute.
Copyright and Trademark Information
Spacelist reserves the right to take such steps as it deems necessary, including without limitation legal action, to restrain unauthorized activity.
This Agreement will enure to the benefit of and be binding upon the parties to this Agreement and their respective successors, heirs and permitted assigns.