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THE FOLLOWING DESCRIBES THE TERMS ON WHICH PORCHLYTE ENTERPRISESLTD. (“WE”, “US” OR “OUR”) OFFERS THE CLIENT (“YOU” OR “YOUR”) ONLINEREAL ESTATE AGENT CONSULTING SERVICES (the “Agreement”).
THIS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS APPLICABLE TOYOUR USE OF ONLINE REAL ESTATE AGENT CONSULTING SERVICES. YOU MUSTREAD, AGREE WITH AND ACCEPT ALL OF THE TERMS AND CONDITIONSCONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ANYOF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THESERVICES.
1.1 We provide online real estate agent consulting services (the “Services”) to you subject toyour compliance with the terms and conditions below.
1.2 Please note that the Terms and Conditions may be updated from time to time withoutnotice to you, so please check back periodically. If you do not wish to be bound by theTerms and Conditions, you may not use the Service.
2.1 The content and information contained on this website is provided for entertainmentpurposes only. You are advised to exercise due caution and perform due diligence and/orseek independent advice before proceeding with any activities or suggestions.
2.2 The Services are provided on an “AS IS” basis without representations, warranties orconditions of any kind, and you acknowledge and agree that we shall have noresponsibility for, or liability in respect of any aspect of the use of the Services by you,including without limitation any lost, damaged or corrupted data or any acts or omissionsby us.
4.1 As used in this Agreement, “Confidential Information” means:
a) with respect to us, server configurations, software configurations, proprietaryinformation, proprietary technology, proprietary software, audit reports, informationregarding product development, information regarding the datacenters, andinformation contained in manuals, proposals or memoranda;
b) with respect to you, nonpublic Content transmitted to or from, or stored on, theservers; and
c) with respect to you and us, information that is conspicuously marked as“confidential” or “proprietary,” information disclosed verbally that is designated as“confidential” or “proprietary” at the time of disclosure, and information that, by itsnature, would reasonably be considered as confidential to any other person, firm orcorporation.
4.2 Exclusions. Confidential Information does not include:a) information that is independently developed by a non-disclosing party without the useof the disclosing party’s Confidential Information as shown by the non-disclosingparty’s written business records;
b) information that is known by a non-disclosing party prior to disclosure by thedisclosing party as shown by the non-disclosing party’s written business records; or
c) information that is or becomes generally available to the non-disclosing party or thepublic other than through a violation of this Agreement.
4.3 Restrictions on use and disclosure. A party shall not disclose the other party’sConfidential Information except:
a) on a need-to-know basis, to its agents, employees and representatives who are boundby confidentiality restrictions at least as stringent as those stated in this Agreement; or
b) as required by law, governmental regulation or requirement, court order, or subpoena,in which case and subject to applicable law, the non-disclosing party shall provideprompt notice to the disclosing party so that the disclosing party may seek aprotective order or other appropriate remedy. A party shall not use ConfidentialInformation except as required to perform its obligations under this Agreement.
4.4 Standard of care. Each party shall use the same degree of care to protect the otherparty’s Confidential Information that it uses to protect its own highly confidentialinformation from unauthorized disclosure, but in no event shall either party use less thana commercially reasonable degree of care. The non-disclosing party shall notify thedisclosing party promptly upon its discovery of any unauthorized use or disclosure ofConfidential Information by the non-disclosing party’s employees, representatives, oragents, and will use commercially reasonable efforts to cooperate with the disclosing
party to regain possession of all Confidential Information and to prevent any further unauthorized use or disclosure.
5.1 All content published on or otherwise accessible through this site is protected bycopyright. The content, and the copyright in the content, are owned or controlled by us orour content suppliers. You may only use or reproduce the information in the content foryour own personal, non-commercial or educational use. The content may not beotherwise used, reproduced, broadcast, published or retransmitted without the priorwritten permission of the copyright holder. You must abide by all copyright notices,information and restrictions contained in any content on or accessed through the website,and maintain such notices in the content.
6 LIMITATION OF LIABILITY
6.1 In no event shall we, our parent, subsidiaries, officers, directors, employees or oursuppliers, be liable for lost profits or any direct, special, incidental, consequential,indirect or punitive damages arising out of or in connection with our Services or thisagreement (however arising, including negligence).
7.1 You agree to indemnify and hold us, and our parent, subsidiaries, affiliates, officers,directors, agents and employees, harmless from any claim or demand, including legalcosts and fees, made by any third party due to or arising out of your breach of thisAgreement or the documents it incorporates by reference, or your violation of any law orthe rights of a third party.
9 GOVERNING LAW
9.1 This Agreement and website shall be governed in all respects by the laws of the Provinceof British Columbia and the federal laws of Canada applicable therein, without givingeffect to applicable conflict of law provisions. You consent and submit to the exclusivejurisdiction of the courts located in the Province of British Columbia, in all questions andcontroversies arising out of your use of the site and this Agreement.
10.1 We do not guarantee continuous or uninterrupted Services, as operation of the Servicesmay be interfered with by numerous factors outside of our control. If any provision ofthis Agreement is held to be invalid or unenforceable, such provision shall be struck andthe remaining provisions shall be enforced. You agree that this Agreement and allincorporated terms and conditions may be automatically assigned by in our solediscretion. Headings are for reference purposes only and in no way define, limit, construeor describe the scope or extent of such section. Our failure to act with respect to a breachby you or others does not waive our right to act with respect to subsequent or similarbreaches. This Agreement sets forth the entire understanding and agreement between uswith respect to the subject-matter hereof.
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