THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY SERVICE OFFERED BY ODYSSEY HOMES THUNDER BAY (“ODYSSEY”).
By accessing any of the websites or mobile applications (collectively, hereinafter the “Website”) operated by Odyssey including www.odysseyhomestbay.ca, or by using any of the products or services (collectively the “Services”) available on the Website, you, the user, agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with your use of the Website, all as may be modified by Odyssey from time to time in its sole discretion (collectively the “Terms and Conditions”). If you do not agree with these Terms and Conditions, you may not use the Website or Services.
Please note that Odyssey reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of the Website following the posting of any changes to these Terms and Conditions will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
All material, information, and content (collectively “Content”) available on the Website, including the manner in which such Content is presented, and the Services, is a copyright-protected work which is owned by Odyssey. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. Odyssey grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast, or otherwise make available any of the Content obtained through the Website or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
In consideration of the availability, and your use, of the Website or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using the Website or Services. You acknowledge that Odyssey may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
(a) post, transmit, link to, or otherwise distribute any materials, information, or content constituting, advocating, or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Website or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Website, any of the Services, or the Internet;
(b) defame, abuse, stalk, harass, threaten, or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
(c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information;
(d) post, transmit, link to, or otherwise distribute any information, materials, or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
MESSAGES SENT VIA WEBSITE
The Website also allows users to send messages to other persons, including other users. You agree not to use the Website to harass or abuse, send spam or other unwanted communications, or send unlawful, libelous, obscene, discriminatory, or otherwise objectionable messages including messages that:
(a) infringe, misappropriate, or violate any intellectual property or other rights of any third-party;
(b) are defamatory, harmful to minors, obscene or child pornographic;
(c) contain any viruses or programming routines intended to damage the services or any software, hardware or other technology used to provide the services or surreptitiously intercept or expropriate any data or information;
(d) are false, misleading, or inaccurate;
(e) contain Sensitive Data. For the purposes of these Terms and Conditions, “Sensitive Data” means (i) a social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (ii) a credit or debit card number; (iii) employment, financial or health information; (iv) any person’s ethnic or religious affiliation or sexual orientation; (v) account passwords; (vi) any person’s date of birth; (vii) any person’s criminal history; or (viii) the user’s mother’s maiden name.
Odyssey is under no obligation to review the content of messages sent through the Website but may do so at any time in order to comply with any law, government request, or in the interest of operating the website. Odyssey may remove any message and/or terminate, limit, or suspend any user’s access to the website for any reason.
The user agrees that Odyssey shall have no liability for any damages arising out of the content of any messages sent through the Website. Anyone who sends a message agrees to indemnify and hold Odyssey harmless from any and all liability, damages, or expenses, whatsoever due, arising from, directly or indirectly, any cause of action arising out of that message.
LINKS TO WEBSITE
Users may link to the Website. However, Odyssey reserves the right to refuse a link at any time at Odyssey’s sole discretion. The user agrees to remove any link to the website at Odyssey’s request.
LINKS TO THIRD PARTY SITES
This website may contain hyperlinks to websites operated by parties other than Odyssey. Such hyperlinks are provided for the user’s reference only. Odyssey does not control such websites and is not responsible for their contents or the privacy or other practices of such websites.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) THE WEBSITE AND ANY OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT Odyssey MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED;
(B) Odyssey SPECIFICALLY MAKES NO WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
REAL ESTATE INFORMATION DISCLAIMER
Without limiting the General Disclaimer above, you expressly understand and agree that the Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by the Website or any of the Services is:
(a) for information purposes only;
(b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any kind by Odyssey;
(c) not necessarily reflective of the views or policy of Odyssey.
You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as real estate advice by Odyssey. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own real estate research and decisions.
PRIOR TO MAKING ANY PURCHASE, SALE, OR RENTAL DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED REAL ESTATE ADVISOR. ODYSSEY IS NOT A LICENSED REALTOR. ODYSSEY DOES NOT PROVIDE OR GUARANTEE THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR PROPERTY ADVERTISED ON THE WEBSITE.
PROFESSIONAL INFORMATION DISCLAIMER
The Website may make available certain information provided by third parties related to various professional fields such as, without limitation, law, accounting, and financial planning (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific plan, product, or course of action. Use of the Website does not replace consultations with a qualified legal, financial, or other relevant professional. In addition, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Odyssey, shall not be responsible or liable, directly, or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
You acknowledge that Odyssey has no obligation to monitor the Website or any content accessible through the Website or any of the Services. However, you agree that Odyssey has the right to monitor the Website at its sole discretion.
DEALINGS WITH THIRD PARTIES
You acknowledge and agree that your correspondence or business dealings with any third parties, found on, or through, the Website or any of the Services, are solely as between you and such third parties. Odyssey assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that Odyssey shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
You agree to defend, indemnify, and hold harmless each of Odyssey, its proprietors, affiliates, and employees, and each of their respective officers, directors, employees, and agents, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to:
(a) your breach of any of these Terms and Conditions;
(b) your access to or use of the Website, Services, or Content;
(c) your use or reliance on, or publication, communication, or distribution of anything on or from the Website or through any of the Services.
You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ODYSSEY, INCLUDING ITS PROPRIETORS, AFFILIATES, AND EMPLOYEES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER ODYSSEY HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:
(A) THE USE, INABILITY TO USE, OR PERFORMANCE OF ANY OF THE WESBITE OR SERVICES;
(B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS;
(C) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF THE SERVICES.
You expressly acknowledge that Odyssey has and will make the Website, Content, and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Odyssey. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive and continue to apply in the case of a fundamental breach or breaches, the failure of essential purpose of contract, or the failure of any exclusive remedy or termination of this agreement.
You acknowledge and agree that Odyssey, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Website or any of the Services, and remove and discard any information or content related to the Website or any of the Services (and your use thereof), for any reason, including where Odyssey believes that you have violated any of these Terms and Conditions. You further agree that Odyssey shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Odyssey in operating the Website or any of the Services, your sole and exclusive remedy is to discontinue using the Website or any of the Services.
You are not permitted to assign or otherwise transfer partially or totally your rights and obligations under these Terms and Conditions.
These Terms and Conditions shall be interpreted without regard to which party drafted these Terms and Conditions.
If any of the provisions of these Terms and Conditions are held invalid or unenforceable, such a finding will not affect the validity of any other provisions of these Terms and Conditions, unless the invalidity or unenforceability would invalidate the remainder of these Terms and Conditions.
These Terms and Conditions contain and constitute the entire understanding and agreement between you and Odyssey and supersede all previous negotiations, agreements, commitments, and writings. You acknowledge that you have not relied on or been induced to enter into these Terms and Conditions by a representation or warranty other than those expressly set out in these Terms and Conditions.
These Terms and Conditions shall be governed by the laws of Ontario, Canada. The courts in Thunder Bay Ontario, will have exclusive jurisdiction to hear and decide any disputes relating to these Terms and Conditions.