ASPENPROPERTIES.CA TERMS OF USE
These Terms and Conditions of Use are dated January 17, 2022
Aspen Properties Terms of Use
Welcome to Aspen Properties. The following terms and conditions, together with any documents or additional terms, conditions or policies referred to herein or available by hyperlink (collectively, the “Terms”) apply to your use of all websites owned and operated by Aspen Properties Ltd. (“Aspen Properties”), and any content, functionality, and services available on or through such websites (collectively, the “Site”).
By accessing any part of the Site, you agree to be bound by these Terms. If you do not accept and abide by these Terms, you should not access or use the Site.
Any new content, functionality or services which are added to the Site will also be subject to these Terms. We reserve the right to modify or amend these Terms without notice at any time. As such, it is important that you read these Terms on a regular basis so that you are aware of any such changes.
By using this Site, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Aspen Properties. If you do not meet these requirements, you must not access or use the Site,
General Disclaimer and Limitation of Liability
WE HAVE MADE ALL REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION ON THIS SITE. HOWEVER, WE CANNOT AND DO NOT GUARANTEE, REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, STABILITY AND AVAILABILITY OF THE INFORMATION CONTAINED HEREIN (INCLUDING ANY TEXT, GRAPHICS, MATERIALS, LINKS, EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN THIS SITE). ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AS “AS IS” BASIS.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.
USE OF THE SITE IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF THE SITE OR ITS CONTENT, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING.
NEITHER WE NOR ANY OF OUR AFFILIATES, AGENTS, CONTRACTORS AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY CLAIM FOR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER LOSSES OR DAMAGES OF WHATEVER KIND ARISING OUT OF ACCESS TO, THE USE OF, OR THE INABILITY TO USE ALL OR ANY PART OF THE SITE OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Protection of Visitors’ Privacy
We respect the privacy of all visitors to the Site. We do not actively collect your personal information, except where you provide such information in the course of using the Site. By submitting personal information to Aspen Properties, you acknowledge and agree that you have consented to the collection, use and disclosure of that personal information as specified on any collection form. The general policies of Aspen Properties with respect to the collection, use and disclosure of personal information are reflected in Aspen Properties’ privacy policy, found at www.aspenproperties.ca (the “Privacy Policy”) and any questions in that regard may be directed to Aspen Properties’ privacy contact (as identified in the Privacy Policy). Should Aspen Properties change its Privacy Policy, the revised policy will be posted prominently on the Site, or it will be otherwise brought to your attention.
We may automatically collect visitors’ non-personal information such as the type of internet browser or the website from which visitors linked to the Site. Visitors cannot be identified from such information and it is only used to assist us in providing effective services on the Site. We may from time to time supply third parties with this non-personal or aggregated data for use in connection with the Site.
Intellectual Property
All content on the Site (including, without limitation, the design, text, html code, multimedia clips, graphics, icons, java code, audio, visual materials, trademarks, service marks, logos, slogans and internet domain names), and any selection or arrangement thereof, is the exclusive property of Aspen Properties or its licensors and is protected by international copyright, trademark, service marks, patents, or other proprietary rights and laws (the “Intellectual Property”).
Aspen Properties or its licensors shall retain all rights, title, ownership and interests in the Site’s content and any Intellectual Property rights therein. Except as expressly provided, nothing in these Terms or within the Site shall be construed as granting any license under any of the Intellectual Property rights, whether by implication, waiver, estoppel or otherwise. You are expressly prohibited from copying, transferring, reproducing, storing, uploading, distributing, publishing or using, in whole or in part, any of the Site’s content or Intellectual Property appearing on the Site without the prior written consent of Aspen Properties or any third party owner of the Site’s content or Intellectual Property. We will take the appropriate legal action necessary to enforce our rights respecting any prohibited use of any Site content or Intellectual Property appearing on the Site.
Certain words, phrases, names, designs or logos used on the Site (collectively, the “Marks”), and any links from the Site may constitute trademarks, service marks or trade names of Aspen Properties, used under license by Aspen Properties or other entities. The display of any such Marks does not imply that a license has been granted to your by Aspen Properties or other entities. The Marks may not be distributed, modified, transmitted, re-posted or used for public or commercial purposes without the prior written permission of Aspen Properties. The Marks include, without limitation, the name “Aspen Properties” and its logo.
By using the Site, you acknowledge that the unauthorized use of the materials contained on the Site may cause irreparable harm to Aspen Properties and that in the event of any unauthorized use, Aspen Properties shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with Aspen Properties.
Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view and use the Site and its content for your personal, non-commercial use in Canada only. You are granted the right to download, store and/or print single copies of items comprising the content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content. You may not otherwise copy and/or report items comprising the content online. You must also abide by any additional requirements governing the use of any specific content that may be set out in the Site. In the event of a conflict between the term of a specific license governing specific content and these Terms, the terms of the specific licence shall govern.
Links to Third Party Websites
As a convenience, we may provide links to websites owned and operated by third parties and not controlled or maintained by us (“Third Party Sites”). Any such links are included solely for your convenience. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to the Site. Any information, data, opinions, recommendations, products or services provided by such Third Party Sites are solely those of such third parties and not of us or our affiliates. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of Third Party Sites.
You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any harm or damage or loss caused or alleged by or in connection with your use of or reliance on any such content, goods, or services available on or through any Third Party Sites. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Sites that you visit.
Linking to the Site
While Aspen Properties encourages links to the Site, it does not wish to be linked to or from any Third Party Sites which contain, post or transmit any unlawful or indecent information of any kind, including without limitation: (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable laws, or which may be damaging or detrimental to the activities, operations, credibility or integrity of Aspen Properties or (ii) any websites which contain, post or transmit any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or infringes any copyright, trademark or other proprietary rights. Aspen Properties reserves the right to prohibit or refuse to accept any link to the Site, including without limitation any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Site upon our request.
User Conduct
You agree not to:
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interfere with the security of, or otherwise abuse, the Site, system resources, accounts, servers or networks connected to or accessible through the Site;
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sell, license, rent, reuse, adapt, publish, frame, post, upload, broadcast, copy, modify or attempt to modify the Site’s content in any way, or reproduce or publicly display, perform, transmit, distribute or otherwise use the Site’s content for any public or commercial purpose, without our express written authorization;
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use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize or otherwise extract information from this Site or its content in whole or in part;
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use or attempt to use any information about any person named or appearing on the Site without the prior written authorization of Aspen Properties;
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attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access;
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access any content of the Site through any technology or means other than through the Site itself or explicitly authorized means permitted by Aspen Properties;
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mirror the Site or any of its content on any server without the express written permission of Aspen Properties; or
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use the Site for any commercial use, without the prior written authorization of Aspen Properties. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Aspen Properties’ express approval:
A. sale of access to the Site on another website; or
B. use of the Site for the primary purpose of gaining advertising or subscription revenue.
Security
Any information sent or received over the Internet is generally not secure. We cannot guarantee the security or confidentiality of any communication to or from the Site. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
Modification to Site
Aspen Properties reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice to you. We shall have no liability to you or any third party for any modifications, suspension or discontinuance of the Site or any part thereof.
Use Prohibited Where Contrary to Law
Use of this Site is unauthorized in any jurisdiction where the Site or any of its content may violate any laws or regulations. You agree not to access or use the Site in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of these Terms) is entirely at your own risk.
Indemnity
You agree to indemnify, defend and hold Aspen Properties harmless, and each of our directors, officers, employees, affiliates, agents, volunteers, contractors and licensors, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs or debt and expenses (including but not limited to reasonable attorneys’ fees), resulting from or arising out of: (a) your use and access to the Site and any content obtained from it; (b) breach of these Terms or the terms of any documents or websites they incorporate by reference; or (c) your violation of any law or the rights of any third party.
Governing Law
These Terms and any separate agreements whereby we provide services to you will be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. By using this website, you agree to the exclusive jurisdiction of the Courts of the Province of Alberta for any claims, actions, or other legal proceedings arising from or related in any way to the Site.
Waiver and Severability
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain and continue in full force and effect.
Entire Agreement
These Terms constitute the entire agreement between you and us and govern your use of the Site, and supersede and replace any prior agreements we might have had between us regarding the Site, including but not limited to any prior versions of these Terms.
Termination
Aspen Properties may, in its sole discretion, cancel or terminate your right to use the Site or any part thereof, at any time without notice. In the event of termination, you are no longer authorized to access the Site, or part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to content downloaded from the Site and the disclaimers and limitations of liabilities set forth in these Terms shall survive termination of your right to use the Site or any part thereof. We shall not be liable to any party for such termination.
Notice
Questions or comments regarding the Site should be directed by e-mail to: apl@aspenproperties.ca