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RetirementHomes.com currently provides users with access to a rich collection of
resources, including, various communications tools, forums, shopping services,
personalized content and branded programming through its network of properties
(the "Service").
You also
understand and agree that the Service may include advertisements and that these
advertisements are necessary for RetirementHomes.com to provide the Service. You
also understand and agree that the service may include certain communications
from RetirementHomes.com, such as service announcements, administrative messages
and that these communications are considered part of RetirementHomes.com
membership.
Unless explicitly
stated otherwise, any new features that augment or enhance the current Service,
including the release of new RetirementHomes.com properties, shall be subject to
the TOS. You understand and agree that the Service is provided "AS-IS" and that
RetirementHomes.com assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
You are
responsible for obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
Your Registration Obligations
In consideration
of your use of the Service, you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's
registration form (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true, accurate,
current and complete.
If you provide
any information that is untrue, inaccurate, not current or incomplete, or
RetirementHomes.com has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, RetirementHomes.com has the right
to suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof).
RetirementHomes.com Privacy Policy
Registration Data
and certain other information about you is subject to our Privacy Policy. For
more information, see our full
Privacy Policy.
Member Conduct
You understand
that all information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not RetirementHomes.com, are
entirely responsible for all Content that you upload, post, e-mail, transmit or
otherwise make available via the Service.
RetirementHomes.com does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will
RetirementHomes.com be liable in any way for any Content, including, but not
limited to, for 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 Content posted,
emailed, transmitted or otherwise made available via the Service.
You agree to not
use the Service to:
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upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; |
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harm minors in any way; |
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impersonate any person or entity, including, but not limited to, a RetirementHomes.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; |
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forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; |
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upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); |
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upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; |
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g. |
upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; |
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upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; |
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disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; |
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interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; |
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intentionally or unintentionally violate any applicable local, province, national or international law, including, but not limited to, regulations promulgated by the Canadian Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the Toronto Stock Exchange, and any regulations having the force of law; |
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"stalk" or otherwise harass another; or |
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collect or store personal data about other users. |
You acknowledge
that RetirementHomes.com does not pre-screen Content, but that
RetirementHomes.com and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content that is
available via the Service.
Without limiting
the foregoing, RetirementHomes.com and its designees shall have the right to
remove any Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any
Content created by RetirementHomes.com or submitted to RetirementHomes.com,
including without limitation, all other parts of the Service.
You acknowledge
and agree that RetirementHomes.com may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property, or personal
safety of RetirementHomes.com, its users and the public.
You understand
that the technical processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or devices.
Special Admonitions for International Use
Recognizing the
global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data
exported from the Canada
or the country in which you reside.
Contents Submitted or Made Available for Inclusion of the Service
RetirementHomes.com does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content you
submit or make available for inclusion on publicly accessible areas of the
Service, you grant RetirementHomes.com the following world-wide, royalty free
and non-exclusive license(s), as applicable:
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With respect to
Content you submit or make available for inclusion on publicly accessible areas
of RetirementHomes.com, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the Service solely
for the purposes of providing and promoting the specific RetirementHomes.com
service. This license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at the time you remove
or RetirementHomes.com removes such Content from the Service.
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With respect to
photos, graphics, audio or video you submit or make available for inclusion on
publicly accessible area of the Service, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at the time you remove
or RetirementHomes.com removes such Content from the Service.
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With respect to
Content other than photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of the Service, the
perpetual, irrevocable and fully sublicensed license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
"Publicly
accessible" areas of the Service are those areas of the RetirementHomes.com
network of properties that are intended by RetirementHomes.com to be available
to the general public.
Indemnity
You agree to
indemnify and hold RetirementHomes.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of another.
No Resale of Service
You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service, or access to the Service.
Modifications to Service
RetirementHomes.com reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that RetirementHomes.com shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
Termination
You agree that
RetirementHomes.com, in its sole discretion, may remove and discard any Content
within the Service, for any reason, including, without limitation if
RetirementHomes.com believes that you have violated or acted inconsistently with
the letter or spirit of the TOS.
RetirementHomes.com may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge and agree that
RetirementHomes.com may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to
such files or the Service. Further, you agree that RetirementHomes.com shall not
be liable to you or any third-party for any termination of your access to the
Service.
Dealings with Advertisers
Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that RetirementHomes.com shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Service.
Links
The Service may
provide, or third parties may provide, links to other World Wide Web sites or
resources. Because RetirementHomes.com has no control over such sites and
resources, you acknowledge and agree that RetirementHomes.com is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that RetirementHomes.com shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
RetirementHomes.com's Proprietary Rights
You acknowledge
and agree that the Service and any necessary software used in connection with
the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or
information presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and
laws.
Except as
expressly authorized by RetirementHomes.com or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
RetirementHomes.com grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by RetirementHomes.com
for use in accessing the Service.
Disclaimer of Warranties
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RETIREMENTHOMES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
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RETIREMENTHOMES.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. |
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RETIREMENTHOMES.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
Limitation of Liability
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT RETIREMENTHOMES.COM SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF RETIREMENTHOMES.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) 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.
Exclusions and Limitations
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Special Admonitions for Services Relating to Financial Matters
If you intend to
create or join any service, receive or request any news, messages, alerts or
other information from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections 17 and 18 again. They
go doubly for you. In addition, for this type of information particularly, the
phrase "Let the investor beware" is apt. The Service is provided for
informational purposes only, and no Content included in the Service is intended
for trading or investing purposes. RetirementHomes.com and its licensors shall
not be responsible or liable for the accuracy, usefulness or availability of any
information transmitted or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions made based on such
information.
Notice
Notices to you
may be made via either e-mail or regular mail. The Service may also provide
notices of changes to the TOS or other matters by displaying notices or links to
notices to you generally on the Service.
Trademark Information
RetirementHomes.com trademarks and service marks, and other RetirementHomes.com
logos and product and service names are trademarks of Target Directories
Corporation. Without RetirementHomes.com's prior permission, you agree not to
display or use in any manner, the RetirementHomes.com Marks.
Copyrights and Copyright Agents
RetirementHomes.com respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide RetirementHomes.com's Copyright
Agent the following information:
a. an electronic
or physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
b. a description
of the copyrighted work or other intellectual property that you claim has been
infringed;
c. a description
of where the material that you claim is infringing is located on the site; your
address, telephone number, and e-mail address;
d. a statement by
you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
e. a statement by
you, made under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner's behalf.
General Information
The TOS
constitute the entire agreement between you and RetirementHomes.com and govern
your use of the Service, superceding any prior agreements between you and
RetirementHomes.com. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or
third-party software.
The TOS and the
relationship between you and RetirementHomes.com shall be governed by the laws
of the Province
of Ontario without regard to its conflict of law provisions. You and
RetirementHomes.com agree to submit to the personal and exclusive jurisdiction
of the courts located within Toronto, Ontario. The failure of
RetirementHomes.com to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision.
If any provision
of the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section
titles in the TOS are for convenience only and have no legal or contractual
effect.
Violations
Please report any
violations of the TOS to our
Webmaster.
Unless
specifically agreed to in writing by the publisher, the rates stated in this
site shall supersede and control any contrary provision of any order or
instructions.
The advertiser
and/or its advertising agency shall be jointly and severally liable for all
moneys due and payable to the publisher for advertising which the advertiser or
its agency ordered and which was published.
If
payment is not received by the publisher on or before the due date stated on an
invoice, the ad may be removed and the advertiser may be responsible for, in
addition to the normal rates, surcharges and late payment fees.
RetirementHomes.com
65 Samor Road
Toronto, ON M6A 1J2
Telephone: 416-544-9925
Facsimile: 416-850-9908
Toll-Free: 888-544-9124
Email:
info@retirementhomes.com
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