1. Description of Service.
Compar'Home is a spreadsheet developed on Microsoft Excel application and is available from the domain www.forsalepropertyhelp.com. The website provides people and businesses the opportunity to download a powerful spreadsheet aiming at facilitating real estate property comparison process. The service provided by Compar'Home is referenced herein as the "Service." This Terms of Service/User Agreement ("Agreement") governs your access to and use of the Service.
2. The Service Is Not Intended For Children.
The Service is intended for adults only. You must be 18 years or older to use this site. You may use this Service if you are domiciled in the Canada or Internationally. Digital distributions are International.
3. Member and Visitor Conduct.
As a condition of using the Service, Members and visitors agree to all of the following:
- You are responsible for all activity that occurs under your UserName.
- You are solely responsible for your conduct and any content, materials or information that you submit, post, and display on the forum, or that you allow others to submit, post and/or display on the forum under your UserName.
- You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any system, security technology or other software that is part of the Service or used to administer the rules contained in this Agreement.
Further, while using the Service, Members and visitors agree not to:
- upload, post, email, transmit or otherwise make available any content, materials or information to, on or through the forum that are fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, email, transmit or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation;
- transmit any worms or viruses, spyware, malware or any other harmful or destructive code;
- violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);
- use the Service for any illegal or unauthorized purpose.
- impersonate any person or entity, including without limitation, a COMPAR’HOME or Begin With B Inc employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- transmit email or any other content that includes personal or identifying information about another person without that person's explicit consent.
- transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
- sell or offer for sale stolen goods and/or materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including without limitation any goods purchased or obtained by you without right of resale such as promotional materials);
- advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- provide materials or any other content for download that contain viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects Members' and visitors' ability to use the Service;
- employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the forum;
- attempt to gain unauthorized access to COMPAR’HOME's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service.
- "stalk" or otherwise harass anyone on or through the forum;
- collect any personally identifying data about Members or visitors for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service-except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved"; or develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Service.
4. Inappropriate User-Submitted Content
COMPAR’HOME prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) COMPAR’HOME is not and cannot be responsible for any content, information or materials posted by users on the forum, (ii) you may be exposed to any such materials, information or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information or content. Without limitation of the foregoing, COMPAR’HOME has the right to, but may or may not pre-screen and/or monitor content posted on the forum, and without limiting any remedies, may remove, edit, move or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the forum, at any time for any reason, in COMPAR’HOME's sole discretion.
5. Copyright Policy
By accepting these Terms of Service, you agree to be bound by our Copyright Policy. You are not permitted in any circumstances to reproduce, sell or distribute part of the material available for download on this website.
7. Warranty Disclaimers
YOU AGREE THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, AND THAT YOUR USE OF THE SERVICE PROVIDED BY COMPAR’HOME SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPAR’HOME, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICE AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPAR’HOME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CREDIBILITY OF THE MEMBERS OF THE FORUM, THAT MEMBERS WILL PERFORM AS PROMISED, ABOUT THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, OR THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, PRICING, DELIVERY, SECURITY OR SAFETY OF ANY PRODUCTS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) LISTED FOR SALE ON THIS SERVICE, OR ANY PRODUCT DESCRIPTIONS OR PRODUCT LITERATURE. COMPAR’HOME ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENTS OF THE SERVICE OR ANY PRODUCTS LISTED FOR SALE ON THE SERVICE ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET ANY USER'S REQUIREMENTS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR CONTENT POSTED, EMAILED, TRANSMITTED, SOLD OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. COMPAR’HOME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FORUM OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPAR’HOME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING ANY SELLERS OR BUYERS). AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ADDITIONALLY, COMPAR’HOME IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOST PROFITS THAT RESULT FROM MEMBERS DIRECTLY CONTACTING OTHER MEMBERS.
8. Limitation of Liability
YOU AGREE THAT COMPAR’HOME, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO OR THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. COMPAR’HOME'S LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT BE, IN THE AGGREGATE, GREATER THAN THE LESSER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO COMPAR’HOME DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE SERVICE AND AGREEING TO THE TERMS OF THIS AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION.
We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate or necessary, in our sole discretion, with respect to your Member account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. All provisions of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
10. Miscellaneous Provisions
- Ownership of Site. This site is owned by Begin with B Inc and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of this site are the property of Begin with B Inc and are protected, without limitation, pursuant to Canada and foreign copyright and trademark laws. Except as otherwise specifically provided in connection with certain features on this site, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials for the purpose of redistribution or use of the materials for any other purpose is a violation of Begin with B Inc’s copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.
- Entire Agreement. The Terms of Service, including BEGIN WITH B INC's Copyright Policy constitute the entire agreement between you and BEGIN WITH B INC and governs your use of the Service.
- No Agency. BEGIN WITH B is not the agent or representative of any site users (including, without limitation, any forum members), nor does it operate under their authority for any purpose. BEGIN WITH B is simply a service provider that offers users the technological means to communicate with each other on the forum.
- Governing and Applicable Law. The Terms of Service will be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law provisions. The Service is operated by BEGIN WITH B INC from its offices in Calgary,AB. BEGIN WITH B INC makes no representation that materials or content on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from WWW.FORSALEPROPERTYHLP.COM may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Dispute Resolution. Any controversy or claim arising out of or relating to the Terms of Service, or the breach thereof, shall be submitted to the state and federal courts of the province of Alberta, Canada, and you hereby agree to submit to the exclusive jurisdiction thereof.
- Waiver and Severability. The failure of BEGIN WITH B INC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be held unlawful, void or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.
- Notices. BEGIN WITH B INC may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service.
- Future Modifications of Terms of Service. BEGIN WITH B INC reserves the right to modify the Terms of Services at any time, by posting amended terms on this website. Your continued use of the Service indicates your acceptance of the amended Terms of Service. If you do not agree to the terms of this Agreement or any modified version of this Agreement, do not continue to use the Service or access the site.
- Future Changes In The Service. BEGIN WITH B INC reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. BEGIN WITH B INC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Assignment. BEGIN WITH B INC may assign this agreement to any successor or purchaser of BEGIN WITH B INC or all or substantially all of its assets.
- Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.
- Trademarks. COMPAR’HOME, the COMPAR’HOME logo, FORSALEPROPERTYHELP.com, the beginwithb.com logo, and other BEGIN WITH B INC logos and names are trademarks of BEGIN WITH B INC. You agree not to display or use these trademarks in any manner without prior, written consent of BEGIN WITH B INC.