Last Updated: November 30 2017
Modifications to this Agreement; Waiver
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 Website.
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.
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, 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 access rights;
- use the Website to generate unsolicited email advertisements or spam; or impersonate another user’
- 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 into disrepute.
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 representions 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.
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.
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.
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.
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.
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.
SpaceList Commercial Listings Ltd.
201-388 West 8 th Avenue, Vancouver,
B ritish Columbia, V5Y 3X2
or emailed to firstname.lastname@example.org
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.
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.
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.
What Personal Information We Collect
Personal information is information about an identifiable individual (“Personal Information”). We collect Personal Information when you voluntarily provide it through our Services, or when you provide it to us through other means. For example, we may collect Personal Information when you:
- Contact us through email, telephone, mail; or other correspondence;
- Register for or request a service we provide or which we make available to you through our Services;
- Create an account on the services, which may include your name, address, email, phone number, date of birth, location, business, occupation, budget, photo, payment information, and government ID;
- Register or associate an account on our Services using Google, LinkedIn, or other third party accounts
- Fill out questionnaires or surveys found on our Services or which are sent to you;
- Submit information about your qualifications, credentials, skills, or expertise;
- Allow us access to your calendar or address book;
- Submit searches through our Services;
- Register to receive our newsletter.
The Personal Information we may collect will depend on the service you request, and may include:
- your full name;
- contact information, such as your address, telephone number, or email address;
- your business contact information;
- your date of birth;
- your photo;
- your payment and banking information, including credit card information and billing address;
- government identification information;
- information about your education, skills, credentials, qualifications;
- information about your occupation;
- information about your business;
- information about the commercial real estate you lease;
- information about your desired commercial real estate;
- your personal or business contacts;
- your preferences;
- your location;
- and any other Personal Information that you choose to submit to us.
If you register or associate an account using your Google or LinkedIn accounts, you consent to us accessing and collecting certain information from your Google or LinkedIn accounts, including your profile photo, email address, birthday, education history, and work history. When you transact or communicate with us or other users we collect certain information. This information may include:
- information about how, when, and where you use our Services;
- the settings you use on our Services
We also collect information about you from other sources. We may obtain this information from sources such as:
- our business partners;
- third party service providers;
- other users of the services;
- banking or other financial services providers;
- insurance providers; and
- publicly available sources.
Other users of our Services may provide us with feedback about you. We collect and process this information to improve our Services.
Depending on how you use our Services, we may also collect your geolocation information using your IP address. Note, however, that if you decline to consent to the collection of your geolocation, you may not be able to access our full Services. We collect geolocation information to help generate default search terms and produce relevant search results. Also, you should be aware that even if you decline to the collection of your geolocation information, our Services may still be able to approximate your location through other information you provide us and information provided to us by other users.
How We Collect Information Through Technological Means
When you use our Services, we may collect information that is automatically sent to us by your web browser or your device which runs our applications. This information may include your domain name, and your numerical IP address. We may also collect other information, such as the type of browser you use, which pages you view, and the files you request. Additionally, we may also collect other technical and system log information from you, such as:
- the hardware you use to interact with our Services;
- operating system and version information;
- software you use;
- mobile network information;
- pages you view on our Services;
- your unique device identifier;
- your system activity;
- software debug and crash information; and
- websites or services you visited before using our Services.
We use this information to improve our understanding of how users use our Services and to improve our Services. The amount of information that is sent to us by technological means depends on your browser or device and settings you use. Please refer to the instructions provided by your browser or device if you want to learn more about what information it sends to Services you use, or how you may change or restrict this.
- to improve functionality and performance of our Services, including tailoring our Services to increase relevancy of content displayed to you;
- to provide you with services;
- to facilitate your transactions on the Services;
- to authenticate users of our Services;
- to provide us with insights on how users use our Services and other analytics, such as traffic on our Services;
- to remember your settings and preferences;
- to deliver relevant advertisements to you based on your interests, preferences, search terms, and activities. Cookies also help to avoid delivering the same advertisements to you too many times and measure the usefulness of advertisements you have been delivered. Information gathered by Cookies may be shared with third parties, including advertisers. This means that sometimes you’ll see our Services advertised elsewhere on the internet.
How We Use and Disclose Information Collected from You
For example, we may use and disclose information collected from you to:
- deliver our Services to you;
- register your account on the services;
- verify and authenticate your account information
- supply you with requested products or services;
- send you informational, administrative, or promotional communications;
- communicate with you and to enable other users and our third party business partners and vertisers (which may include real estate professionals) to communicate with you; respond to your inquiries;
- match you with other users of the Services;
- help other users locate you and vice versa;
- facilitate your transactions with other users of the Services, including payments;
- provide you with customer support;
- increase the security and safety of our Services and users;
- carry out promotions and contents;
- serve you relevant advertisements and content;
- identify and verify your business or other information to collect and disburse payments;
- perform analytics on our Services;
- carry out other purposes that are disclosed to you and to which you consent;
- carry out any other purpose permitted or as required by law.
From time to time, we will run advertisements on the Services which advertise the services of real estate professionals. If you click on any of these advertisements, you will be presented with the option of sharing your account profile information with the real estate professional associated with the advertisement. If you approve such disclosure, we will share your account profile information with that real estate professional. We provide this service as a convenience for you.
We also combine, analyze, process, and store information we collect from you for the purposes of facilitating and improving our Services. We may transfer information we collect from you to third party service providers that assist us with carrying out any of these purposes. We may also disclose this processed information, in an anonymized form, to our third party business partners.
Additionally, we combine, analyze, process, and store information we collect from your search terms on the Services and also from questionnaires and surveys you complete. We use this information to gather market intelligence and may share such information in an anonymized form with our advertisers and other third party business partners.
Some of the information we collect from you may be shared with third party advertisers.
Some or all of the information we collect may be stored or processed in jurisdictions outside of Canada. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.
We reserve the right to transfer Personal Information in the event that we merge with or are acquired by a third party, or as part of the negotiations leading up to such merger or acquisition. We also may disclose your Personal Information for any other purpose permitted by law or to which you consent.
How We Protect Personal Information
The security of your Personal Information is important to us. We protect your Personal Information by maintaining physical, organizational and technological safeguards appropriate to the sensitivity of such Personal Information. Personal Information may only be accessed by persons within our organization who require such access to provide you with the services indicated above.
We retain Personal Information that we collect only as long as necessary for the purposes for which it was collected or to meet legal requirements. We destroy Personal Information when it is no longer needed.
Third Party Collection of Information
Access and Rectification
You have a right to access to your Personal Information and to request a correction to it if you believe it is inaccurate. If you have submitted Personal Information and would like to have access to it, or if you would like to have it corrected, please contact us using the contact information provided below.
How to Contact Us