Terms and conditions

TERMS AND CONDITIONS OF USE

1. Acceptance of the Terms and Conditions of Use‍

These terms and conditions of use for PropertyCast.io (the “Platform”) constitute a legal agreement and are entered into by and between you (“User,” “you,” “your”) and CAPCALC INC. ("Company," "we," "us," "our"). The following terms and conditions (these "Terms"), govern your access to and use of, including any content, functionality, and services offered on or through the Platform.

By using the Platform, you accept and agree to be bound and comply with these Terms  and our Privacy Policy which is made available to you and incorporated herein by reference. You further represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform. 

2. Modifications to the Terms and Conditions and to the Platform 

We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use shall be your acceptance.

The information and material on the Platform may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to any User or unavailable at any time or for any period.

3. Limited License

Subject to your strict compliance with these Terms and the prompt payment of any fees requested upon download and/or by subscription to the Platform (the “Fees”), we hereby grant you a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Platform as we may supply or make available to from time to time. We reserve the right at any time and from time to time, to disable or terminate this license, your account, your access, your subscription, and/or any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason. Upon any such termination by us, all rights, licenses, consents and authorizations granted to you hereunder will immediately terminate and you agree to cease all use of the Platform.

4. Your Use of the Platform and User Submissions

You may only use the Platform for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, in any form or medium whatsoever except: (i) your computer or mobile device may temporarily store copies of materials being accessed and viewed; and (ii) a reasonable number of copies of materials may be printed for personal use only in accordance with the limited license granted to you in section (2), provided any proprietary notices remain intact. You are not permitted to modify copies of any materials from the Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.

As a condition of your access and use of the Platform, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. You are prohibited from attempting to circumvent and from violating the security of this Platform, or otherwise attempting to interfere with the proper working of the Platform.

Your provision of registration information and any and all submissions, content, material, and information you submit, post, publish, display, or transmit (collectively, “submit”) on, to, or through the Platform (collectively, “User Submissions”) through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, or other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we may take with respect to such User Submissions consistent with our Privacy Policy.  It is a condition of your use of the Platform, and you represent and warrant, that any and all User Submissions you submit shall (i) be correct, current, and complete; (ii) comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service, and these Terms; and (iii) not include or contain any material is objectionable, as determined by the Company in our sole discretion. 

None of the User Submissions you submit to the Platform will be subject to any confidentiality by the Company. By providing any User Submission to the Platform, you grant us and our licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our licensees, successors, and assigns to the User Submissions. 

You understand and agree that you are fully responsible for any User Submissions you submit, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Platform. 

5. Intellectual Property Rights and Ownership

Subject to the limited license granted to you in section (2), you understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. © 2023. CAPCALC INC. All rights reserved.

Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action. You have no right, title, or interest in or to the Platform or to any content on the Platform, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

6. Site Monitoring and Enforcement

The Company has the right, without provision of notice to:

• Remove or refuse to post on the Platform any User Submissions for any or no reason in our sole discretion;
• At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion;
• Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform; and
• Terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of these Terms and Conditions.

You hereby waive, release and hold harmless the Company and its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors (collectively the “Company Group”) from any and all claims resulting from any action taken by any of the Company Group relating to any, investigations by either the Company or by law enforcement authorities.

We have no obligation, nor any responsibility to any party to monitor the Platform or its use, and do not and cannot undertake to review material that you or other users submit to the Platform. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws. 

7. Third-Party Platforms 

For your convenience, the Platform may provide links or pointers to third party locations. We make no representations about any other content that may be accessed from the Platform. If you choose to access any such content, you do so at your own risk. We have no control over the content of any such third-party content and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms of use for such third-party sites. All statements and/or opinions expressed in any such third-party content are solely the opinions and the responsibility of such third-party person or entity. Any third-party materials that are embedded within or accessible through the Platform shall be accessed by the User through and in accordance with the restrictions applicable to any third-party licenses. 

8. No Reliance 

The Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content of the Platform. We make no representations, warranties, or guarantees, whether express or implied, that the content on the Platform is accurate, complete, or up to date.

Users are responsible for all information that they submit to us, which we will rely on as correct, current and complete. Users have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Submissions and we will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.

9. Geographic Restrictions

The owner of the Platform is based in the Province of Ontario, Canada. This Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Ontario, Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

10. Disclaimer of Warranties

You understand and agree that your use of the Platform , its content, and any services or items found or attained through the Platform is at your own risk. The Platform , its content, and any services or items found or attained through the Platform  are provided on an "as is" and "as available" basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

No member of the Company Group makes any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Platform or its contents. Without limiting the foregoing, the Company Group does not represent or warrant that the Platform, its content, or any services or items found or attained through the Platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Platform or the server that makes it available are free of viruses or other harmful components. We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Platform  will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Platform and your computer, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or any services or items found or attained through the Platform or to your downloading of any material posted on it, or on any Platform  linked to it.

11. Limitation on Liability

Under no circumstance will any of the Company Group be liable for indirect, special, incidental, consequential, or punitive damages, including, but not limited to, damages for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort, breach of contract, breach of privacy, or otherwise, arising out of or in connection with your use, or inability to use, or reliance on, the Platform, any Platform content, materials, posting, or information thereon, or any linked platforms or such other third-party platforms. Without limiting the forgoing, under no circumstance will the Company Group be liable for any claim, damages or loss in connection with the Platform in any amount that is greater than the aggregate amounts that may be paid by you for access to the Platform in the six (6) months preceding any such claim. By accessing or using the Platform, you acknowledge that you are voluntarily giving up substantial legal rights (on your behalf and behalf of your heirs, executors, administrators and next of kin), including the right to sue the Company Group.

12. Governing Law and Choice of Forum

The Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.  

Any action or proceeding arising out of or relating to this Platform and under these Terms and Conditions will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

13. General

No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. If any term or provision (or part thereof) of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. These Terms shall not constitute or be considered to create a partnership, joint venture, agency or employer/employee relationship or any relationship of exclusivity between the Company or any User. The Terms and our Privacy Policy together with any other policies provided by the Company in connection with the Platform (as each may be updated or amended from time to time in accordance with their terms) constitute the sole and entire agreement between Users and the Company regarding the subject matter herein.