Hey Neighburz Terms of Use

Last Updated: Thursday, October 20 2016

The following terms of use (the “Terms of Use”) govern your use of: (a) the website located at www.heyneighburz.com; (b) the Hey Neighburz app (I.O.S. and Android) and (c) all other services provided by us, as described on, or provided through, the website set out in paragraph (a) and the app set out in paragraph (b) (collectively, the “Hey Neighburz Website”). These Terms of Use form an agreement between Realmindr Property Management Inc. (“Hey Neighburz”, “us”, “we”, “our”) and you. The term “you” refers to the person or entity accessing, visiting, browsing or otherwise using (“use” or “using” in these Terms of Use will mean any of the foregoing) the Hey Neighburz Website.

BY USING THE HEY NEIGHBURZ WEBSITE, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 2. IF YOU DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU MUST NOT USE THE HEY NEIGHBURZ WEBSITE. IF YOU ARE USING THE HEY NEIGHBURZ WEBSITE ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

1. Permitted Use

The Hey Neighburz Website is provided solely to assist you with discovering, sharing, and exchanging information or ideas with your neighbours and neighbouring businesses (the “Permitted Use”). Subject to these Terms of Use, you may use the Hey Neighburz Website in accordance with these Terms of Use.

As a condition of your use of the Hey Neighburz Website, you represent, covenant and warrant that: (a) you have reached the age of majority in your jurisdiction of residence; (b) you possess the legal authority to create a binding legal obligation; (c) you will use the Hey Neighburz Website in accordance with these Terms of Use; and (d) all information supplied by you to us or through the Hey Neighburz Website including, without limitation, your name and the fact that you either own or currently live in a particular condo or apartment unit, is true, accurate, current and complete.

2. Changes to these Terms of Use and Hey Neighburz Website

Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time without notice. Your continued access to or use of the Hey Neighburz Website after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly. We reserve the right to change any information, material, image, text, data, media or other content contained on or provided through the Hey Neighburz Website (the “Content”) at any time, and from time to time, without notice.

3. License Grant to Data You Provide To Us

Subject to these Terms of Use, you grant to us a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that you load, transmit to or enter into the Hey Neighburz Website or otherwise provide to us, including: (a) all results from processing such data, information, records and files; and (b) all compilations and derivative works of such data, information, records and files, in each case, for the purposes of: (i) making available and improving the Hey Neighburz Website; (ii) complying with applicable law; or (iii) complying with our reasonable audit and data retention policies.

4. User Account

To access or use certain features or areas of the Hey Neighburz Website, you may be required to successfully sign up for a user account (the “User Account”) using the available interfaces at the Hey Neighburz Website and be issued with username and password login credentials by us (the “User ID”) in order to access or use certain features or areas of the Hey Neighburz Website. If you are issued with a User ID, you will keep your User ID secure and will not share your User ID with anyone else. We reserve the right to disable any User Account issued to you at any time in our sole discretion.

5. Suspension of Use; Term and Termination

We retain the right, at our sole discretion, to suspend, terminate or otherwise deny you use of the Hey Neighburz Website, at any time and for any reason, including, but not limited to, your violation of these Terms of Use.

These Terms of Use will commence on the day you first use the Hey Neighburz Website and will continue in force until terminated by either party (the “Term”). Either party may terminate these Terms of Use as follows: (a) we may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our sole discretion, by email (if you have created a User Account on the Hey Neighburz Website, at your current email address on file with us) or through the Hey Neighburz Website; (b) you may terminate these Terms of Use at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Hey Neighburz Website) that your User Account be deleted, if applicable, and ceasing use of the Hey Neighburz Website.

6. Ownership

The Hey Neighburz Website and its content, including (without limitation) all designs, graphics, pictures, illustrations, software, functionalities, artwork, videos, music, sounds, names, words, titles, phrases, logos and marks displayed on the Hey Neighburz Website (the “Content”), are owned or licensed by us and are protected by copyright, trade-mark and other intellectual property laws.

We expressly reserve all rights in the Hey Neighburz Website, the Content, and all materials provided by us to you in connection with these Terms of Use that are not specifically granted to you. You acknowledge that all right, title and interest in the Hey Neighburz Website, the Content, and all other materials provided by us hereunder, and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with us (or our third party suppliers, if applicable), and that the Hey Neighburz Website, the Content, and all other materials provided by us hereunder are not “sold” to you.

7. Privacy Policy

Please click here to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing your personal information, and which is hereby incorporated into and forms a part of these Terms of Use.

8. No Unlawful or Prohibited Use

You will not, without our prior written permission, use the Hey Neighburz Website or the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not (and will not attempt to):

  1. “frame”, “mirror”, “deep-link” or otherwise incorporate the Hey Neighburz Website or the Content or any part thereof on any website;
  2. access, monitor or copy any part of the Hey Neighburz Website or the Content using any robot, spider, scraper or other automated means;
  3. violate the restrictions in any robot exclusion headers on the Content or the Hey Neighburz Website or bypass or circumvent other measures employed to prevent or limit access to the Hey Neighburz Website;
  4. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Hey Neighburz Website;
  5. use the Hey Neighburz Website or Content as part of any service for sharing, lending or multi-person use;
  6. circumvent, disable or defeat any of the security features or components, such as encryption functionality, that protect the Hey Neighburz Website;
  7. copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Hey Neighburz Website or the Content;
  8. create derivative works based on the Hey Neighburz Website or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or otherwise exploit any part of the Hey Neighburz Website or the Content;
  9. use the Hey Neighburz Website or the Content in a manner that violates the rights (including, but not limited to, intellectual property rights) of any third party;
  10. restrict or inhibit another user from using the Hey Neighburz Website;
  11. impersonate any person, including us or other users of the Hey Neighburz Website; or
  12. except as expressly permitted by the Hey Neighburz Website, save, download, archive or otherwise copy any Content.

9. Content You Post On The Hey Neighburz Website

You will not post any Content on the Hey Neighburz Website (including in any discussion forums available on the Hey Neighburz Website) that:

  1. uses offensive, racist, hateful, vulgar, obscene or otherwise harmful language;
  2. is defamatory;
  3. divulges another person’s or entity’s confidential information or trade secret;
  4. is fraudulent, unlawful, threatening, harassing, abusive or discriminatory;
  5. encourages criminal conduct;
  6. except as expressly permitted by the Hey Neighburz Website, advertises or solicits business for products and services other than those offered or promoted on the Hey Neighburz Website, including any Content that may reasonably be considered spam, junk mail or any other type of unsolicited mass message to individuals or entities that have not agreed to receive such content;
  7. contains or links to any virus, malware, spyware or other harmful content or code;
  8. violates any laws (including copyright, trade-mark or other intellectual property or privacy laws); or
  9. you do not have the right to submit, disseminate or transmit.

10. User Content

The use of any Content available on the Hey Neighburz Website is at your own risk. We have no obligation to prescreen, edit or remove any Content provided by you or other users that is posted on or made available through the Hey Neighburz Website. We make no representation as to the accuracy or authenticity of any Content provided by you or other users that is posted on or made available through the Hey Neighburz Website.

11. Third Party Websites

The Hey Neighburz Website may provide links to third party websites. These links are provided solely for your convenience and for the convenience of other users of the Hey Neighburz Website. We do not endorse the information, products or services described on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under our control, and if you choose to access any such website, you do so entirely at your own risk.

12. Viruses

The downloading and viewing of Content is done at your own risk. We cannot and do not guarantee or warrant that the Hey Neighburz Website or the Content are compatible with your computer system, tablet or smartphone or that the Hey Neighburz Website or the Content, or any links from the Hey Neighburz Website or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, tablet and smartphone, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system, tablet and smartphone that may be necessary as a result of your use of the Hey Neighburz Website.

13. Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you through the Hey Neighburz Website. You understand, agree and acknowledge that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Hey Neighburz Website.

14. Legal, Medical and Financial Advice and Emergencies Disclaimer

YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT:

  1. THE HEY NEIGHBURZ WEBSITE IS NOT DESIGNED OR INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE AND SHOULD NOT BE USED AS A REPLACEMENT OR SUBSTITUTE FOR LEGAL ADVICE.

    THE HEY NEIGHBURZ WEBSITE DOES NOT PROVIDE LEGAL ADVICE AND IS NOT INTENDED TO SUBSTITUTE THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT OF A LAWYER OR NOTARY. NO SOLICITOR-CLIENT OR NOTARY-CLIENT RELATIONSHIP IS FORMED BETWEEN YOU AND US.

  2. THE HEY NEIGHBURZ WEBSITE IS NOT DESIGNED OR INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL COUNSELLING OR MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT AND SHOULD NOT BE USED AS A REPLACEMENT OR SUBSTITUTE FOR PROFESSIONAL COUNSELLING OR MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT. YOU SHOULD ONLY RELY ON YOUR PHYSICIAN OR OTHER HEALTH PROFESSIONAL FOR ADVICE ON ALL MEDICAL DECISIONS.
  3. THE HEY NEIGHBURZ WEBSITE IS NOT DESIGNED OR INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE FROM A REGISTERED AND CERTIFIED FINANCIAL ADVISOR, REAL ESTATE BROKER, PLANNER OR PROFESSIONAL. WE ARE NOT A REGISTERED OR CERTIFIED FINANCIAL ADVISOR, REAL ESTATE BROKER, PLANNER OR PROFESSIONAL.

    BEFORE USING ANY INFORMATION AVAILABLE ON THE HEY NEIGHBURZ WEBSITE TO MAKE A FINANCIAL DECISION, YOU SHOULD SEEK THE ADVICE OF A REGISTERED AND CERTIFIED FINANCIAL OR REAL ESTATE PROFESSIONAL AND UNDERTAKE YOUR OWN DUE DILIGENCE. NONE OF THE INFORMATION ON THE HEY NEIGHBURZ WEBSITE IS INTENDED AS INVESTMENT ADVICE, AS AN OFFER OR SOLICIATION OF AN OFFER TO BUY OR SELL, OR AS A RECOMMENDATION, ENDORSEMENT, OR SPONSORSHIP OF ANY SECURITY, REAL ESTATE, COMPANY OR FUND. WE ARE NOT RESPONSIBLE FOR ANY INVESTMENT DECISION MADE BY YOU. YOU ARE RESPONSIBLE FOR YOUR OWN INVESTMENT RESEARCH AND INVESTMENT DECISIONS.

  4. THE HEY NEIGHBURZ WEBSITE IS NOT INTENDED FOR USE IN ANY EMERGENCY, CRITICAL CARE, OR OTHER HIGH RISK SITUATIONS WHERE DEATH, PERSONAL INJURY, OR SEVERE DAMAGE MAY BE POSSIBLE.

15. Disclaimer and Limitation of Liability

THE HEY NEIGHBURZ WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE HEY NEIGHBURZ WEBSITE AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTIBLE QUALITY, COMPATIBILITY, TITLE, SECURITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE HEY NEIGHBURZ WEBSITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, DAMAGE TO PROPERTY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THESE TERMS OF USE, INCLUDING THE USE OF, OR THE INABILITY TO MAKE USE OF, THE HEY NEIGHBURZ WEBSITE OR THE CONTENT.

WITHOUT LIMITING THE FOREGOING, TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE HEY NEIGHBURZ WEBSITE OR THE CONTENT EXCEED TEN CANADIAN DOLLARS ($10) OR THE EQUIVALENT IN LOCAL CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

16. Indemnification

You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought in connection with or as a result of:

  1. your breach of any provision of these Terms of Use or any documents referenced herein;
  2. your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); or
  3. your use of the Hey Neighburz Website or the Content (including, without limitation, your use of the Hey Neighburz Website in connection with any financial, medical and health, or legal activities).

17. Governing Law and Jurisdiction

These Terms of Use will be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein and such laws apply to your access to or use of the Hey Neighburz Website or the Content, notwithstanding your domicile, residency or physical location.

You will only use the Hey Neighburz Website and the Content in jurisdictions where the Hey Neighburz Website and the Content may lawfully be used.

All disputes arising out of or relating to these Terms of Use, the use of the Hey Neighburz Website or the Content shall be submitted to the exclusive jurisdiction of the Courts of the City of Montreal, Province of Quebec, Canada, to the exclusion of all other jurisdictions.

18. Entire Agreement, Waiver and Severability; Other Provisions

These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Hey Neighburz Website. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provisions will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.