CondoPapers Terms of Service
Posted 2020 March 01
Welcome to CondoPapers, a product of 1318207 Alberta Ltd. ("CondoPapers"). If you have any questions that the web site or this document cannot answer, please use links on the web site to reach our support services.
This is the Terms of Service ("AGREEMENT") between you and CondoPapers.
DESCRIPTION OF SERVICES
CondoPapers provides users with a collection on on-line resources ("Service") focused around the distribution and storage of documents.
YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) only purchase or access documents or services that you legally have right to purchase or access, (b) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "User Profile") and (c) maintain and promptly update the User Profile to keep it true, accurate, current and complete.
CONTENT, PRODUCT AND SERVICE DISCLAIMER
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 or party from which such Content originated.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Some Content offered may indicate a time frame for delivery. CondoPapers does not create the Content nor control the timeliness of the Content. As such the sole responsibility for timeliness is the person or party from which such Content originates. Further, some content cannot be provided or created in the time frame offered due to external factors. As such, any timeliness commitment for delivery starts not when ordered, but at the time at which information sufficient for the creation of the Content becomes available to the person or party from which the Content originates.
Some jurisdictions (municipal, state, provincial, and federal) may have set limitations on what documents you are allowed to access, even if you could get those documents from CondoPapers either for free or for a cost. You agree to comply with all jurisdictional laws that apply to you, and failure to do so is your responsibility alone.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, timeliness or usefulness of such Content.
ROLE OF THIS SERVICE
You understand that CondoPapers operates as a retailer (store-front) of third party products. You understand that CondoPapers does not create, control, author, review, monitor, manufacture, vet, hold copyright to, or otherwise have any control to timeliness (or lack of), accuracy (including product descriptions), quality or integrity of the Content sold through this site. As such, you agree that CondoPapers has no liability to the Content sold on this site, and all liability of Content resides with the creator, manufacturer, or copyright holder of the Content purchased through our Service.
You understand and agree that CondoPapers does not act as a compliance agent for any government, and CondoPapers has no role or requirement in ensuring, monitoring or maintaining that our third-party clients adhere to any applicable legislation that governs their content, products, or service. All requirements for legislative compliance rest solely on the third-party.
All Content available on or from CondoPapers is copyright either by CondoPapers or a third-party. You agree to respect this copyright and not violate it in any way.
NO RESALE OF SERVICE OR CONTENT
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service or Content, use of the Service, or access to the Service.
Due to the nature of electronic downloads; there is a NO REFUND policy in place. Content and Services are sold on an "as is" basis. For documents that require additional information to be supplied before delivery but after payment (for example, Estoppels), if the additional information is not supplied within 60 days the purchase will be considered completed and neither refund nor document will be delivered.
GENERAL PRACTICES REGARDING USE
You acknowledge that CondoPapers may establish general practices and limits ("General Practices") concerning use of the Service.
You acknowledge that your reading, removal, download, addition or modification of Content shall only be performed through the interface and process provide by CondoPapers.
AVAILABILITY AND ACCESS
We will use reasonable means to ensure that Service CondoPapers provides is available 24 hours a day 7 days a week. There will be times when the Service is interrupted for maintenance, upgrades and repairs or as a result of telecommunications and equipment failure that are beyond our control. We will take steps to minimize such disruption where it is within our control. You agree that we will not be liable to you for any modification, suspension, discontinuance or lack of availability of the Service.
You are responsible for obtaining access to the Service and for the equipment required to achieve this. To do so may also require the involvement of third parties (such as Internet Service Providers). You are responsible for all fees charged by third parties in this regard.
CondoPapers reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Condo Papers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
By using this service, you give CondoPapers the right to email you following your contacting our support services (by email, form, phone, or other). Such an email will include some basic identifying and explanatory text, along with a survey link. The survey will be anonymous in its collection of data, unless you choose to include personally identifying information.
TERM AND TERMINATION
You agree that CondoPapers, in its sole discretion, may terminate your use of the Service or use of any other CondoPapers service, and remove and discard any Content within the Service, for any reason, including, without limitation if CondoPapers believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. CondoPapers 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 Agreement may be effected without prior notice, and acknowledge and agree that CondoPapers may immediately deactivate, modify or delete your Content and/or bar any further access to such files or the Service. Further, you agree that Condo Papers shall not be liable to you or any third-party for any termination of your account.
CHANGE OF TERMS
CondoPapers may from time to time amend the Agreement or General Practices by publishing amendments on CondoPapers. Upon posting amendments, the updated Agreement or General Practices is deemed amended and is immediately effective for all your future use of the Service. At all times, it is your responsibility to verify the current governing Agreement or General Practices. CondoPapers has no obligation to bring any amendment to your attention in order for the amendment to be effective. Use of the Services after amendment constitutes acceptance of the amended version.
In summary: You give CondoPapers personal information so that we can provide you documents for a condo, strata or HOA. Your information is shared with the document's owner or their agent. Except in an anonymized, aggregate function, we don't sell or use your information for any other purpose. We use cloud computing and cookies to run our business. We take many steps to protect your info. We will tell you if something goes terribly wrong.
You agree to hold harmless and indemnify CondoPapers, its directors, officers, employees, agents, subsidiaries, affiliates, co-branders or other partners from and against all third party claims and legal proceedings of every kind whatsoever arising from or in any way related to your use of the Service, including all legal costs incurred by the CondoPapers in the defense of such claims and proceedings.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONDOPAPERS 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. (b) CONDOPAPERS 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 IS ACCURATE, OR WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) 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. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONDOPAPERS 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 CONDO PAPERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE ACCURACY, INACCURACY, OR TIMELINESS OF THE CONTENT DOWNLOADED; (iii) 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; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
DISPUTES REGARDING SERVICE
You must first present any claim or dispute to us by contacting our Customer Service and allowing CondoPapers an opportunity to resolve the dispute. You may request confidential, binding arbitration if your claim or dispute cannot be resolved within 60 days.
Unless mutually agreed upon by you and CondoPapers, the place of arbitration will be within Calgary, Alberta, Canada and conducted in English. The arbitration of any dispute or claim shall be conducted in accordance with the ADR Institute of Canada, Inc. (http://www.adrcanada.ca/).
All administrative fees and expenses of an arbitration will be divided equally between you and CondoPapers. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
If for any reason this clause is deemed inapplicable or invalid, you and CondoPapers both waive, to the fullest extend allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
LAW AND JURISDICTION
This Agreement is governed by and construed in accordance with the laws of the Province of Alberta and the applicable federal laws of Canada. All legal proceedings respecting the Agreement must be brought in such courts, to whose jurisdiction you irrevocably attorn. CondoPapers may commence legal proceedings in other jurisdictions to enforce a judgment, order or decree originally granted by a court.