Terms of Use

 

 

This website, located at https://www.usproperties.ca (the “USProperties.ca Website” or the “Site”) is a website owned and operated by USProperties.ca. The submission of information to, and use of any and all information services available through the USProperties.ca Website is subject to the following terms and conditions (the “Terms of Use Agreement” or “Terms and Conditions”).  Please read this Terms of Use Agreement carefully. 

 

ACCEPTANCE OF THE TERMS OF USE AGREEMENT

 

By interacting with, submitting information to, and/or accessing information from the USProperties.ca Website, You, the end user Client (“Client”) AGREE TO ALL OF THE TERMS AND CONDITIONS in this Terms of Use Agreement.  These Terms constitute a legal agreement between you and USProperties.ca.

 

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to USProperties.ca through the USProperties.ca Website, Client agrees to be bound by the following terms and conditions. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. USProperties.ca, or any of its affiliated entities, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, USProperties.ca and its affiliated entities are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the USProperties.ca Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information to the USProperties.ca Website, Client hereby grants USProperties.ca and its affiliated entities a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use Client’s name and other identifying information in connection with such Unsolicited Information.

If you do not agree to these Terms and Conditions, do not submit information to, or access information from the USProperties.ca Website. USProperties.ca may update the USProperties.ca Website terms of use at any time without notice, and continued interactions with the USProperties.ca Website constitutes acceptance of the most recently updated Terms of Use Agreement. The latest Terms of Use Agreement is available at all times on the USProperties.ca Website.

 

The performance information shown on the USProperties.ca Website are projections based upon the basic information you have provided and representative properties. These are not actual results. The data is based upon the potential performance of representative properties. These specific properties may or may not be available at the time of any potential investment. Further, you select the specific properties you are interested in; thus the performance of those specific properties selected will differ.

The data presented is subject to significant assumptions. While USProperties.ca believes the assumptions used to generate this data are reasonable, these assumptions are subjective in nature and other assumptions may also be reasonable. Different assumptions may result in materially different returns. Prospective Clients should satisfy themselves that they understand the assumptions used and their effect on these projections. Clients should understand that they may lose some or all of their investment. The projections set forth in these materials are provided to you on the understanding that you will understand and accept the inherent limitations of such results, will not rely on them in making any decision to invest in a property. No representation is being made that a performance record similar to the projected returns will or is likely to be achieved. Further information is available upon request.

The projected returns are being shown on a net basis, net of estimated expenses for Property Taxes, Insurance, HOA, Property management and Asset management fees, rehabilitation cost, closing costs and estimated provisions for vacancy and repairs and maintenance.

 

The featured sponsors, professionals, advertisers, property inventory providers or other third parties shown on or linked through the USProperties.ca Website are not affiliated with USProperties.ca. USProperties.ca does not endorse, guarantee, warrant, and/or evaluate information, services, performance, and/or opportunities provided by our featured sponsors, professionals, advertisers, and/or inventory providers.

The USProperties.ca Website may periodically provide links to third party websites. The Terms of Use Agreement govern only the USProperties.ca Website and not any such third party websites. USProperties.ca’s decision to link to a third party website is not an endorsement of the content or services in that linked third party website. If you decide to access linked third party websites, you do so at your own risk. You should direct any concerns regarding any third party websites to the administrator of the applicable third party website.

 

Any information, variables and calculation results shown regarding individual properties and/or the real estate market (whether in a large or particularized area) are for illustrative purposes only and should not be relied on as your sole or primary means for making real estate investment decisions. USProperties.ca and our affiliates have not verified the information and make no guarantee, warranty or representation about it. Though care has been taken to ensure that the information comes from reliable and verified sources, investors are advised to perform their own checks and due diligence. USProperties.ca shall not be held responsible for any information appearing on the website.

 

USProperties.ca is not a lender and the exact terms of any loan used to finance real estate maintenance or acquisitions will be decided between the lender and the investment property account holder. Any loan-related information provided is for informational purposes only. Actual loan terms and conditions may vary based upon properties, down payments and a number of other factors. Any information shown related to financing is subject to credit and other approvals.

 

All questions concerning this Agreement should be directed to: voytek@usproperties.ca

 

OR by Mail to:

 

USProperties.ca
214 Heath St W

Toronto, ON

M4V 1V5

 

NO RESPONSIBILITY FOR CONNECTIVITY

 

Client is responsible for the means you use to access the Site and all costs associated therewith. USProperties.ca is not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the USProperties.ca Website.

 

USE OF INFORMATION

 

Client agrees to treat all information obtained from the USProperties.ca Website, including listings, search format, search methodology, resource information, blog or social media information, and any information otherwise made available to the Client, (individually and collectively known as “USProperties.ca Content”), as proprietary to USProperties.ca Client agrees that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of USProperties.ca.

 

USProperties.ca does not ensure the accuracy of, endorse or recommend any USProperties.ca Website Content and Client uses such Content at the Clients’ own risk. Client may access the Property Listings (the “Listings”) solely to obtain initial information from which further evaluation and investigation may commence. The listing details of these properties are also shared with other clients. At the time of acting on a specific listing, it is possible that the properties are in escrow or already sold. In such situations, USProperties.ca may share the listings of other available properties from the inventory.

Client shall limit access to and use of Listings and all USProperties.ca Content to personal and internal use, and shall not use Listings or any other USProperties.ca Content for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Client shall not use or reproduce Listings obtained from USProperties.ca for or in connection with any other listing service or device. Clients violating these specific terms, including those Clients utilizing the USProperties.ca Website in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership, and any and all other remedies available to USProperties.ca by state and/or federal law.

 

DISCLAIMERS AND LIMITATIONS

 

USProperties.ca will make every reasonable effort to ensure that the information contained on the USProperties.ca Website is accurate and reliable; however, errors sometimes occur. in addition, USProperties.ca may make changes and improvements to the information provided herein at any time. this website and the information, software, products and services associated with it are provided “as is.” USProperties.ca and/or its suppliers or real estate investor professionals disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this web site and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. use of this web site and/or other USProperties.ca sites is at client’s own risk. USProperties.ca and/or its suppliers or real estate investor professionals are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of this web site and/or USProperties.ca’s services or with the delay or inability to use this web site, or for any information, software, products and services obtained through this web site, or otherwise arising out of the use of this web site, whether resulting in whole or in part, from breach of contract, negligence, strict liability or otherwise, even if USProperties.ca and/or its suppliers, or real estate investor professionals had been advised of the possibility of damages. some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to the client.

 

LIMITATION OF LIABILITY AND INDEMNIFICATION

 

As a condition of use of this web site and/or USProperties.ca Website services, client agrees that in no event shall USProperties.ca be liable for any indirect, special, incidental or consequential damages (including without limitation, damages for loss of business profits, loss of business, loss of use or of data, or interruption of business) arising out of this agreement. Client’s exclusive remedy, and USProperties.ca’s entire liability under this Agreement shall be a refund to Client of the fees paid to access USProperties.ca Website hereunder, and in no event will USProperties.ca liability for any reason exceed such fee. USProperties.ca (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Client’s use of the Deliverables, and Client shall indemnify USProperties.ca(and its officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Client arising from Client’s use or application of the Services or the Deliverables.

 

ERRORS, OMISSIONS AND DELAYS

 

USProperties.ca is not responsible for any errors, omissions or delays in responding to an offer, counteroffer, inquiry or accessing real estate investor professional services caused by an incorrect e-mail address provided by the Client or third party service provider, or other technical problems within or beyond our reasonable control.

 

OWNERSHIP AND LICENSE GRANT

 

USProperties.ca retains all rights (including intellectual property rights), title and interest in the USProperties.ca Website, USProperties.ca Content, USProperties.ca Website Database, USProperties.ca Technology, and all underlying technology and data including any enhancements and improvements thereto. Client will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or algorithms or sequence of USProperties.ca Website technology, or delete or alter author attributes or copyright notices. Client shall use the USProperties.ca Website solely for its own use and shall not allow others to use the USProperties.ca Website under or through that Client login email and password. Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Client will not and will not allow others to: copy, redistribute, or retransmit, any of the listings information provided except in connection with the Client’s consideration of the purchase or sale of an individual property.

 

NOTICES

 

All notices to USProperties.ca must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to USProperties.ca physical address.

 

ASSIGNMENT

 

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Client without the prior written consent of USProperties.ca, which retains the right to withhold consent in its sole discretion.

 

OTHER TERMS

 

This Agreement constitutes the entire agreement between the Client and USProperties.ca and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between the Client and USProperties.ca with respect to USProperties.ca Website and information, software, products and services associated with it.

 

OTHER RIGHTS OF USPROPERTIES.CA

 

Client agrees that USProperties.ca shall have the right to use Listings and other information submitted to USProperties.ca Website for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by USProperties.ca Clients and partners. USProperties.ca shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. USProperties.ca shall have no obligation to (i) resolve disputes among users of the USProperties.ca Website; or (ii) monitor or verify the accuracy or proper use of the Listings. USProperties.ca reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on USProperties.ca Website, located at https://www.usproperties.ca.

 

TERMINATION

 

USProperties.ca reserves the right, in its sole discretion, to restrict, suspend or terminate these Terms of Use and your access to all or any part of the USProperties.ca Website, at any time and for any reason without prior notice or liability. USProperties.ca reserves the right to change, suspend or discontinue all or any part of the USProperties.ca Website at any time without prior notice or liability.

 

SECURITY OF THE SITE

 

Actual or attempted unauthorized use of the USProperties.ca Website may result in criminal and/or civil prosecution. USProperties.ca reserves the right to view, monitor and record activity on the USProperties.ca Website without notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the USProperties.ca Website. USProperties.ca will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

 

GOVERNING LAW

 

This Agreement shall be subject to and construed in accordance with the laws of the province of Ontario, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.