Last Updated: September 17, 2018
Spacelist Commercial Listings Ltd. (“Spacelist”, “we” “our” or “us”) uses this website,
http://www.spacelist.ca (the “Website”), to provide you with information about its products and
services and certain information that we or users of the Website have determined to make available
on the Website (the “Content”). Access to and use of the Content on the Website, including any
uploading of materials by you to the Website, ordering of services or subscriptions provided through
the Website and viewing of the Content on or available through the Website, is subject to your
not use the Website or any of its Content or services.
Spacelist will resolve all disputes through mandatory and binding arbitration, unless you
of a dispute with Spacelist, you will not be able to have that dispute resolved by a judge or a
against Spacelist. Please carefully read the sections titled “Arbitration” and “Waiver of Class
We take your privacy seriously. To find out about how we collect, share and use your content and
that we may collect, use and disclose your personal information as is necessary to operate and
Modifications to this Agreement; Waiver
your assent to and acceptance of such revised terms. The most current version of the terms will
telephone or email communications shall be valid or effective.
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 Webiste, 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
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.
you acknowledge and agree that: (a) you will not, directly or indirectly, sell, assign, distribute, provide
access to, transmit, exploit, copy, modify, publish, republish, reproduce, repackage, retransmit,
resell, recompile, decompile, disassemble, scrape, extract or otherwise disseminate, the Website or
the Content, or any derivative works from the Content, or any portion thereof, in any medium or in
any manner whatsoever; and (b) you will not use the Website or the Content to construct a database
of any kind, nor store the Website or the Content (in whole or in part) in databases for access by you
or any third party, nor distribute any database services containing all or part of the Website or the
Content, nor use the Website or the Content in any way to improve the quality of any data sold by
you to any third party.
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.
from the Website (the "Linked Sites") for lawful purposes only and you shall use and/or disclose the
Content in accordance with all applicable laws, including, without limitation, Canadian privacy laws.
You may not: (i) attempt to gain unauthorized access to the Website, or computer systems
databases, or networks connected to the Website, through hacking, password or data mining, or any
other means to circumvent security procedure; (ii) use the Website in any manner that could
damage, disable, overburden, or impair the Website or any service we provide, or interfere with any
other party's use and enjoyment of the Website; (iii) use any robot, spider or other automatic device,
software program or manual process to monitor, copy or interfere with any web pages or the content
contained thereon on the Website; (iv) use any device, software or routine to interfere or attempt to
interfere with the proper working of the Website; (v) use the Website to execute denial of service
attacks; or (vi) perform automated searches against the Website where, in our reasonable opinion,
such searches unduly burden the Website (including, but not limited to automated "bots", crawlers,
scrapers or "link checkers").
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
- 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
- use the Website to generate unsolicited email advertisements or spam; or impersonate
- 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
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. 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 submitted or 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
You also permit any other user of the Website to access, view, store or reproduce the material for
that user's personal use and the uses mentioned above under “Restrictions on Use of the Website”.
You will indemnify and save Spacelist, its subsidiaries, affiliates, directors, officers, agents, advisors
and employees, harmless for, from and against all claims, losses, costs and expenses resulting from
the content and information you supply. You are not entitled to receive any compensation or
reimbursement of any kind from us or any of the users of the Website for materials submitted by you.
You may not post or otherwise make available on the Website any content that is illegal, obscene,
threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person
or entity, or otherwise mislead as to the origin of your content. We have the right, but not the
obligation, to monitor the content posted on the Website to determine compliance with our Terms of
Use and/or to satisfy any law, regulation or government request. We have the right, in our sole
discretion, to edit, refuse to post or remove any material submitted to or posted on the Website. You
will upload information that is, to the best of your knowledge, true, complete and accurate.
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.
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
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.
User privileges are granted by Spacelist to individuals exclusively and are granted specifically to the
subscribing registered user only. User rights cannot be assigned, sublicensed, distributed, shared,
viewed, accessed, or otherwise transferred to anyone other than the registered user without the
express written permission of Spacelist. You represent and warrant that the information You provide
is true, accurate, complete, and current. Each user must maintain a valid email address and a
password to access their Spacelist account. Users are not permitted to share their individual login
information with others. Spacelist has the right to refuse or terminate service to any user, individual,
organization, or firm (and all persons associated or affiliated with said organization or firm) that fails
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.
From time to time we may request that you provide us with your email address. We will use your
email address only for the purposes of providing you with updated search results, real estate news,
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.
YOU SHALL INDEMNIFY AND HOLD SPACELIST AND ITS SUBSIDIARIES, AFFILIATES,
DIRECTORS, OFFICERS AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS,
ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND
EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE
TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE
AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY VIOLATION
ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND
RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
You expressly acknowledge that Spacelist is making the Website, Content and links available to
you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and
that the same form an essential basis of the contract between you and Spacelist. You expressly
agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive,
and continue to apply in the case of a fundamental breach or breaches of, the failure of essential
purpose of contract, the failure of any exclusive, termination or suspension by Spacelist of your use
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.
The courts in some countries or provinces will not apply the law of British Columbia to some types of
disputes, claims, or controversies. If you reside in one of those countries or provinces, then where
British Columbia law is excluded from applying, your country or province’s laws will apply to such
governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the
federal laws of Canada applicable therein, without regard to principles of conflicts of law that would
impose the law of another jurisdiction. You agree that the United Nations Convention on Contracts
You agree that in the event of any dispute, claim, or controversies between you and
Spacelist and you, that you and Spacelist shall consult and negotiate with each other and,
recognizing your mutual interests, attempt to reach a solution satisfactory to both you and
Spacelist. If you and Spacelist do not reach settlement within a period of 60 days, then such
dispute, claim, or controversy shall be referred to and finally resolved by mandatory and
binding arbitration under the International Commercial Arbitration Rules of Procedure of the
British Columbia International Commercial Arbitration Centre. The appointing authority shall
be the British Columbia International Commercial Arbitration Centre. The case shall be
administered by the British Columbia International Commercial Arbitration Centre in
accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia,
Canada. The number of arbitrators shall be set to one unless otherwise required by the Rules.
The language of the arbitration will be English. The existence and content of the arbitration
proceedings, including documents submitted by the parties, correspondence to and from the
British Columbia International Commercial Arbitration Centre, correspondence to and from
the arbitrator, and orders and awards issued by the sole arbitrator, shall remain strictly
confidential and shall not be disclosed to any third party (except for professional advisors)
without the express written consent from the other party unless: (a) (i) the disclosure to the
third party is reasonably required in the context of conducting the arbitration proceedings;
and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality
obligation stipulated herein; or (b) such disclosure is required by applicable law or court
order. Notwithstanding the foregoing, Spacelist may seek injunctive or other equitable relief
to protect its rights, and for any other purpose, in any court of competent jurisdiction.
You may opt out of the above arbitration clause. If you opt out, then neither you nor we will
be able to require the other to participate in arbitration for the purposes of resolving any
dispute, claim or controversy between you and Spacelist arising out of or relating to this
statement must contain: (a) your name; (b) your address; (c) your telephone number; (d) your
email address; and (e) your account name (if any). The opt-out statement must be delivered
to the following address:
Spacelist Commercial Listings Ltd.
201-388 West 8 th Avenue, Vancouver,
British Columbia, V5Y 3X2
or emailed to email@example.com
If you opt out of the arbitration clause in the manner provided above, then you irrevocably
agree that the courts of British Columbia will have exclusive jurisdiction to settle any dispute,
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.
We may, under certain circumstances and without prior notice, immediately terminate your ability to
access the Website or portions thereof. You acknowledge and agree that all terminations may be
made by us in our sole discretion and that we shall not be liable to you or any third-party for any
termination of your access to the Website or for the removal of any of the materials uploaded or
reason or no reason in our sole discretion.
Copyright and Trademark Information
The Website, and the information and materials that it contains, are the property of Spacelist, its
suppliers, its licensors and other third parties accredited with ownership, and are protected from
unauthorized copying and dissemination by copyright law, trademark law, international conventions
and other intellectual property laws. All Spacelist product names and logos are trademarks or
registered trademarks of Spacelist Commercial Listings Ltd. All other company and product names
and logos are trademarks or registered trademarks of their respective owners in certain countries.
You may neither remove any copyright, trademark or other proprietary notices from any copy nor
modify the Content. Nothing contained on the Website should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use the Website or any Content, through
with the prior written permission of Spacelist. You shall not attempt to override or circumvent any of
the usage rules or restrictions on the Website.
Spacelist reserves the right to take such steps as it deems necessary, including without limitation
legal action, to restrain unauthorized activity.
agreement between you and Spacelist with respect to the subject matter contained herein.
Notwithstanding the foregoing, your use of the Website and relationship with Spacelist is subject to
any other written and duly executed contracts you may have with Spacelist (a “Supplemental
terms of such Supplemental Contract shall prevail.
To the extent permitted by applicable law, the parties hereby waive any provision of law that would
provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by
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.