Trademarks, Copyrights, and Restrictions. The Website is controlled and operated by DFH Real Estate Ltd, which is located at 3914 Shelbourne St, Victoria, BC V8P 4J1. You acknowledge and agree that all Content on the Website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are validly owned and controlled by DFH Real Estate Ltd, or by third party content providers, merchants, sponsors and licensors (collectively, “Providers”) that have licensed their content or the right to market their products and/or services to DFH Real Estate Ltd. Content on the Website or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use and you represent and warrant that you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered on the Website. The use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, modifying, copying, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing the Content within another website, use on any other website, transferring or selling any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Website, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information; obtaining or attempting to obtain any materials or information through any means not made readily accessible by the Website, is expressly prohibited without the prior written permission of DFH Real Estate Ltd and the Providers. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, provided the printouts retain all copyright, trademark and proprietary notices, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of DFH Real Estate Ltd and the Providers. Without the prior written consent of DFH Real Estate Ltd or the Providers, your modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of atproperties.com and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited to the fullest extent permitted by law. As a condition to your use of the Website, you represent and warrant to DFH Real Estate Ltd that you will not use the Website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use the Website immediately terminates without the necessity of any notice. DFH Real Estate Ltd retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your website any trademarks, service marks or copyrighted materials appearing on the Website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another Website any of the Content or other materials on the Website without prior written consent of DFH Real Estate Ltd and the Providers. The DFH Real Estate Ltd name and logo is a service mark of DFH Real Estate Ltd. Other proprietary marks may be designated as such from time to time on the Website. Except when included in any authorized printouts of the Content, you are not authorized to make any other use of any DFH Real Estate Ltd registered service marks or other proprietary marks of DFH Real Estate Ltd.
Security. For certain types of communications through the Website, DFH Real Estate Ltd requires the use of encryption technologies provided for your protection and/or use by you of a User ID and Password. You are responsible to protect your User ID and Password from disclosure to third parties and you are not permitted to avoid the use of required encryption technologies, if applicable. While DFH Real Estate Ltd provides these technologies and uses other reasonable precautions to protect confidential information and provide suitable security, DFH Real Estate Ltd do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.
Prohibited Activities. You are specifically prohibited from any use of the Website, and you agree not to use or permit others to use the Website under your account, for any of the following: (a) taking any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Website; (d) upload, post, emailing or otherwise transmitting any information, Content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy pages of the Website, or the Content without DFH Real Estate Ltd prior written permission, provided that generally available third party web browsers including but not limited to Internet Explorer, Chrome or Firefox may be used without such permission.
Disclaimer of Warranties and Liability. ALL CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXCEPT THOSE WARRANTIES WHICH, UNDER THE UNITED STATES LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, DFH REAL ESTATE LTD DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER REAL ESTATE LTD, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THE WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. REAL ESTATE LTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, PROPERTY AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THE WEBSITE.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT REAL ESTATE LTD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR COMPUTER SYSTEM OR MOBILE DEVICE. YOU EXPRESSLY AGREE THAT NEITHER REAL ESTATE LTD, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THE WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THE WEBSITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REAL ESTATE LTD AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, SPYWARE, HACKING, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THE WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT REAL ESTATE LTD IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, REAL ESTATE LTD’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. To the greatest extent permitted by law, you agree to indemnify, defend, and hold harmless DFH Real Estate Ltd and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
Third Party Rights. These Terms are for the benefit of DFH Real Estate Ltd and its Providers, its and their officers, directors, members, managers, subsidiaries, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf. You expressly authorize the Providers and their duly authorized representatives and participants to access the Website for the purpose of monitoring compliance with such Provider’s rules and display of such participant’s content on the Website.
Jurisdictional Issues. Unless otherwise specified, the Content contained in the Website is presented solely for your convenience and/or information. The Website is controlled and operated by DFH Real Estate Ltd from its offices within Victoria, British Columbia, Canada. DFH Real Estate Ltd makes no representation that Content in its Website is appropriate or available for use in other locations. Those who choose to access the Website 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. You may not use or export the materials in the Website in violation of Canadian export laws and regulations. The Terms shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, Canada, as they are applied to agreements entered into and to be performed entirely within such Province. Any action you, any third party or DFH Real Estate Ltd brings to enforce these Terms, or in connection with any matters related to the Website, shall be brought only in either the provincial or Federal courts located in and for Victoria, British Columbia and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.