Last Updated: May 10 2017
Modifications to this Agreement; Waiver
No Implied Advice or Endorsement
The Content provided is for informational purposes only. SpaceList is not your real estate professional and is not in the business of providing professional real estate advice. If you have any industry related questions, please contact a licensed real estate professional. 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 or endorsement by us of that third party, third party product or service.
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 email@example.com.
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, 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.
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. 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.
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 developed.
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.
If you have registered with us, 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.
Upon registration, which is free, Users becomes a Starter subscriber. A Starter subscription may also list properties on SpaceList, but lead inquiries with only be accessible within the first 72 hours after being received. By upgrading to a Premium or Unlimited PRO Subscription the User gains unlimited access to their lead inquiries for the duration of the subscription term.
Requesting Info and Phone Calls. If you, as a User, choose to contact a real estate professional by filling out a contact or other request form on the Website, you authorize Spacelist to provide your name and contact information and other identifying information you provide to the applicable real estate professional, and/or other service providers. You acknowledge that, by submitting your contact request or other request form on the Website, you may receive calls from or on behalf of the real estate professional, and/or other service providers, at the telephone number(s) and/or email address you provide.
The Website may provide phone numbers that can connect you 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.
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 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 remedy or the termination or suspension by SpaceList of your use of, or access to, the Website.
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 contributed by you to the Website.
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.