VIRANI REAL ESTATE ADVISORS Website Use Agreement
This version in effect since January 01, 2005.
This Agreement governs your use of the VIRANI REAL ESTATE ADVISORS ('VREA') Websites. By using any of VREA's Websites, you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement. If you do not accept and agree to this Agreement, you may not use any of VREA's Websites.
1. Your Acceptance of this Agreement
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, 'person' includes natural persons and any type of incorporated or unincorporated entity) and the VREA entity ('VREA') regarding your use of VREA's (all entities under this 'Website' and collectively called the 'Websites') and all content, information, products and services available on or through the websites (collectively the 'Websites'). Each time you use a Website you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent.
2. Other VREA Agreements
This Agreement is in addition to and supplements any written agreements that you or any persons you represent have with VREA (now or in the future) concerning your dealings with VREA, including the information and services provided by VREA. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with VREA, the provisions of this Agreement shall govern regarding your access to and use of the Websites.
3. Permission to Use the Website
The Websites may be accessed and used only by individuals who have accepted and agreed to this Agreement and can form legally binding contracts under applicable law. VREA may in its discretion refuse permission to access and use any or all of the Websites. The Websites may not be used by persons in jurisdictions where access to or use of the Websites or any part of them may be illegal or prohibited.
The Websites are made available to you for your lawful personal use only. You may access and use the Websites using commercially available, SSL-capable web browser software. You may only use the Websites in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Websites may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of VREA. You may not reproduce, copy, duplicate, sell, or resell any part of the Websites or access to any of the Websites. You may not use any of the software that is used in the operation of the Websites except while you are using the Websites.
4. Lawful and Responsible Use
You must use the Websites and VREA services lawfully, responsibly and with respect for others. Without limiting the generality of the foregoing, you will comply with the VREA Website Acceptable Use Policy, which is part of this Agreement and may be found by clicking here.
Certain portions of the Websites may be accessed and used only by individuals who have been issued a password by VREA. All passwords remain the property of VREA, and may be cancelled or suspended at any time by VREA in its discretion, and without any notice or liability to you or any other person. The use of a password does not restrict access by VREA to password-protected information.
You must keep your password confidential and not disclose it to any person or permit any other person to use it. You must take all reasonable precautions to maintain the secrecy of your password, including ensuring that any information stored on any computer with which you access the Websites is protected against unauthorized access by other persons. You must not use any 'save password' feature on your Internet browser in conjunction with the Websites. Once you have initiated a session in connection with the Websites, you must not leave the Internet terminal from which you have accessed the Websites until you have terminated that session and logged off the Websites.
VREA is not required to confirm the identity or authority of any person using your password. VREA may act upon any communication that is given with the use of your password. VREA may, in its discretion, require proof at any time of the authority of any person seeking to use your password, and may refuse to accept or act upon any communication if it is not satisfied with such proof.
You and all persons you represent are jointly and severally liable for any and all use and misuse of your password. You must ensure that all uses of your password comply with this Agreement. Passwords may not prevent unauthorized access to data or other information you may use in connection with the Websites. Your use of your password is at your own risk. You must notify VREA immediately at if you know or suspect that your password has been lost or stolen or become known to or used by any other person. Until you give such notice to VREA and VREA actually receives and processes it, you and all persons you represent will continue to be jointly and severally liable for all authorized or unauthorized use of your password.
6. Online Transactions (if any)
Misprints and Errors
Although VREA strives to provide reliable and current information on the Websites, misprints or other errors may occur. Accordingly, VREA reserves the right to change the prices, fees and charges regarding the products and services available through the Websites at any time and from time to time without any notice or liability to you or any other person. If you order a product or service for which the price was incorrectly displayed on the Websites, VREA will provide you with a reasonable opportunity to cancel your order.
Product Availability (if any)
Although VREA strives to ensure that products remain in stock and services remain available, VREA cannot guarantee that products or services advertised on the Websites will be available when ordered or thereafter. If you order a product or service that is not available, VREA will notify you by email. VREA reserves the right to limit quantities licensed or sold.
All prices and other amounts appearing on the Websites are quoted in Canadian dollars, unless expressly indicated otherwise. VREA reserves the right to change prices advertised on the Websites at any time.
7. Website Communications
All communications you submit through the Websites must be true, accurate and complete. You authorize VREA to accept communications that it receives from you by means of the Websites and respond to your communications by means of Internet communications, email or other communications methods. Communications you send to VREA by means of the Websites are not delivered or effective unless and until they are processed by the responsible VREA representative.
8. Website Content, Discussion Forums and Complaints
VREA is not obliged to monitor or policy the use of the Websites or screen, police, edit or remove postings of materials to the Websites and its discussion forums, although VREA reserves the right to do so in its discretion and without any notice or liability to you or any other person.
VREA reserves the right to refuse to post or to remove any materials, in whole or in part, that VREA in its discretion considers to be unacceptable, undesirable, or in violation of the VREA Website Acceptable Use Policy.
VREA will respond as it considers appropriate, in its discretion, to all notices and complaints regarding alleged violations of the VREA Website Acceptable Use Policy or other alleged misconduct, including removing any and all offending submissions and postings from the Websites without any notice or liability to your or any other person. VREA is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands they may receive regarding any materials submitted or posted to the Websites or otherwise used in connection with the Websites before VREA takes remedial action regarding the materials.
If you post or submit materials to the Websites and its discussion forums, you hereby grant to VREA and all other Website users permission to access, view, store, copy, reproduce, distribute, display, perform, and reproduce the materials (in whole or in part) in any of the ways facilitated or provided by the Websites, and you represent and warrant to VREA and all Website users that their use of the materials does not and will not violate or infringe the rights (including intellectual property, privacy and personality rights) of any other person or any applicable laws.
Claims or concerns (including copyright or trademark infringement claims) regarding the Websites or their content may be made by sending an email.
9. Disclaimers, Liability Exclusion and Indemnity
VREA does not accept any liability for your use of the Websites (which includes all content, information, products and services available on or through the Websites). Your use of the Websites is at your own risk. The Websites are provided on an 'as is' and 'as available' basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, availability, completeness, durability, errors, fitness for a particular purpose, lack of negligence, merchantability, non-infringement, performance, quality, results, security, service, timeliness, title, uninterrupted service, viruses or workmanlike effort, all of which are hereby waived by you and disclaimed by VREA to the fullest extent permitted by law. The operation of the Websites may be affected by numerous factors beyond the control of VREA and may not be continuous or uninterrupted or secure.
You are solely responsible for: (a) obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to access and use the Websites; (b) scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and (c) maintaining a complete and current backup of all of the data contained on your computer system prior to accessing or using the Websites.
VREA will not under any circumstances be liable to you or any other person for any loss or damage arising from, connected with, or relating to the use of the Websites (which includes all content, information, products and services available on or through the Websites) by you or any other person, including without limitation any loss or damage arising from, connected with, or relating to any delay or failure in performance caused by circumstances beyond VREA's reasonable control, any lost shipment, or any delay in the delivery of any products or services you order through the Websites.
You will indemnify, defend and hold harmless VREA from and against any and all Claims and Proceedings directly or indirectly arising from, connected with or relating to your use of the Websites (including without limitation your submission or posting of materials to the Websites) or any negligence, misconduct, or breach of this Agreement by you or any person for whom your are responsible. In this Agreement, 'Claims' means third party claims, counterclaims, complaints, demands, causes of action, liabilities, obligations, damages, legal fees, costs, expenses, and disbursements, including without limitation reasonable attorneys' fees and court costs, of any nature or kind, whatsoever and howsoever arising, whether known or unknown, whether in law or in equity or pursuant to contract or statute; and 'Proceedings' means third party actions, suits, proceedings, and hearings of any nature and kind in any court of law or equity or before any arbitrator or other body, board or tribunal.
In this section 9, 'VREA' includes VREA and its affiliates and service providers and each of their respective past, present and future directors, officers, employees, agents, representatives, subcontractors, successors, assigns, and related persons.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you.
10. No Advice
The Websites are not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Websites.
11. Personal Information
12. Ownership of the Website
The Websites and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the Websites are the property of VREA and others, and are protected by Canadian and international copyright, trademark, and other laws. Your use of the Websites does not transfer to you any ownership or other rights in the Websites or its content.
VREA and the VREA logo are trademarks, service marks and trade names owned or licensed by VREA. Other product and company names and logos appearing on the Websites may be registered or unregistered trademarks, service marks, trade names and logos of their respective owners. Any use of the trademarks, service marks, trade names or logos displayed on the Websites (collectively 'Marks'), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Websites or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks.
14. Other Sites
For your convenience, the Websites may include links to other Internet sites or resources and businesses operated by other persons (collectively 'Other Sites'). Other Sites are independent from VREA, and VREA has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against VREA arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and VREA, the provisions of this Agreement under the section headed Disclaimers and Liability Exclusion (section 9) apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services and content.
15. No Linking, Framing, Mirroring, Scraping, Data-Mining
Links to the Websites without the express written permission of VREA are strictly prohibited. The framing, mirroring, scraping or data-mining of the Websites or any of their content in any form and by any method is strictly prohibited.
You may not use any collaborative browsing or display technologies in connection with your use of the Websites or to post comments, communications, or any other data of any kind to or on the Websites with the intention that such postings may be viewed by other users of the Websites.
16. Unsolicited Submissions to VREA
If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names, (collectively 'Submissions') to VREA or the Websites you automatically grant (or warrant that the owner of the Submissions grants) to VREA and its successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of VREA or its successors and assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of VREA and its successors and assigns.
17. Changes to this Agreement
VREA may, in its discretion, change, and supplement or amend this Agreement as it relates to your future use of the Websites from time to time, for any reason, and without any notice or liability to you or any other person, by posting a modified Agreement on the Websites. You may not change, supplement, or amend this Agreement in any manner. When you use any of the Websites you should check the date of this Agreement and review any changes since the last version. You should also bookmark this page and periodically review this Agreement to ensure that you are familiar with the most current version.
If you breach any provision of this Agreement, you may no longer use any of the Websites. VREA may, at any time and for any reason and in its discretion, change, suspend or terminate, temporarily or permanently, the Websites or any part of them, or your permission to use the Websites and your password, or this Agreement, all without any notice or liability to you or any other person. Any persons you represent may, at any time and in their discretion, terminate your permission to access or use the Websites. If this Agreement or your permission to access or use all or any of the Websites is terminated by you, or by any persons you represent, or by VREA, then this Agreement and all other then existing agreements between VREA and you or any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Websites, and anything connected with, relating to or arising therefrom. Sections 5, 6, 9, 11, 12, 13, 14, 15, 16, 18, 19 and 20 of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties.
19. Governing Law and Dispute Resolution
The Websites are controlled by VREA from Vancouver, British Columbia. This Agreement and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention On Contracts For The International Sale Of Goods does not apply. Any dispute between you and VREA or any other person arising from, connected with or relating to the Websites, this Agreement, or any related matters ('Disputes') must be resolved before the Courts of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred.
20. Other Matters
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This Agreement enures to the benefit of and is binding upon each of VREA and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without VREA' prior written consent, which consent may be withheld in VREA's discretion. VREA may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.
Any rights not expressly granted by this Agreement are reserved to VREA.
This Agreement is subject to change by VREA without notice.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais.
VREA Website Acceptable Use Policy
This version in effect since January 2006.
Violations of this Policy may be reported by sending an email.
General Use Rules
Use of the Websites must be lawful, ethical, and respectful of the legal rights and interests of others, and consistent with the security and reliability of the Websites and the Internet generally.
Without limiting the above, the following rules apply to the use of the Websites, which includes posting materials to the Websites:
lawful use: Use of the Websites must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise. Access to the Websites from locations where the Websites may be illegal is prohibited.
Intended Purpose: The Websites may be used only for purposes that are consistent with the spirit and intended purposes of the Websites and, in particular, must not be used in: (a) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to users; or (b) use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
security and performance: The Websites must not be used with any action, device, software or routine which could directly or indirectly interfere (or attempt to interfere) with the proper working of the Websites or impose an unreasonable or disproportionately large load or burden on the system or its infrastructure.
other person's rights: Use of the Websites must not infringe the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights).
no data collection: Use of the Websites must not involve any data matching or data mining, including without limitation the collection or use of information about other Website users (including their email addresses and other personal information).
Use Guidelines - Prohibited Uses
The following is a non-exhaustive list of prohibited uses of the Websites. VREA reserves the right, in its discretion, to determine whether any use of the Websites is prohibited or otherwise violates this Policy.
Uses that may violate the General Use Rules set forth above.
Uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or otherwise objectionable. (This includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct.)
Uses that may harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals.
Uses that may dilute or depreciate the name and reputation of VREA and its affiliates or associates.
Uses that interfere with other persons' use and enjoyment of the Websites or of the Internet generally.
Uses that may disrupt, compromise or degrade the integrity, efficiency, performance or security of the Websites or that may otherwise or result in: (a) the circumvention or breach of any user authentication, password, security or control measures regarding the Websites or any other Internet resource or computer system; or (b) unauthorized access to other persons' VREA accounts and materials (including materials posted to the Websites) or interference with their use and enjoyment of the Websites.
Uses that conceals or misrepresents the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including without limitation any VREA representative.
Uses that contain or disclose images or personal information of any person (such as names, telephone numbers, email addresses, postal addresses, social insurance or social security numbers) without that person's informed consent.
The uploading, posting or transmission to the Websites of any of the following materials, whether posted publicly or with password protection, whether directly or indirectly or intentionally or unintentionally: (a) executable programs or audio and video recordings; (b) materials that contain computer viruses, trojan horses, worms, time bombs, cancelbots, or other computer code that may damage, harm, detrimentally interfere with, surreptitiously intercept or expropriate, interrupt, limit the functionality of, or otherwise adversely affect the Websites or any other computer system, hardware, software, telecommunications equipment, data, or personal information; and (c) materials that are encrypted.
Monitoring and Complaints
VREA is not obliged to monitor, screen, police or edit the use of the Websites, including postings of materials to the Websites, although VREA reserves the right to do so in its discretion.
VREA will respond as it considers appropriate, in its discretion, if VREA becomes aware of any inappropriate uses of the Websites, including without limitation uses that constitute copyright infringement. You may report violations of this Policy by sending an email.
Compliance, Consequences, and Law Enforcement Disclosure
VREA may in its discretion determine whether this Policy has been violated.
Policy violations constitute a breach of the VREA Website Use Agreement , and may, in VREA's discretion, result in: (a) termination or suspension of permission to use the Websites or portions of the Websites; (b) restricted access to materials posted to the Websites; (c) removal and permanent deletion and destruction of materials posted to the Websites; and (d) other consequences; all without any notice or any liability to you or any person.
Website users who violate this Policy may incur criminal or civil liability.
VREA may in its discretion report perceived violations of applicable law to law enforcement authorities. VREA will co-operate fully with law enforcement authorities in the investigation of suspected unlawful conduct, including providing Website users' personal information (including account information and payment information) and copies of materials used in connection with the Websites, including materials posted to the Websites.
VREA's failure to enforce this Policy, for whatever reason, shall not be construed as a waiver of any preceding or subsequent violation of this Policy.
This Policy is subject to change by VREA without notice.