Terms of Use
User Terms and Conditions
1. PLATFORM AND LICENSE
1.1. Assumptions and Reliance. You acknowledge that information received from the online
hub/platform which provides comprehensive development information for select jurisdiction in
Ontario, such as developments at various stages, proposed and approved along with the
studies and reports associated with these developments; land zoning, transit routes, heritage
status, and building permits where applicable (the “Platform”) is a) generated by third parties
and Propertied Inc. (“Propertied”) does not warrant the validity of any information received
and b) is accurate and relevant at the time of download and is not warranted to be accurate at
any future time.
1.2. Updates to Platform. From time-to-time Propertied may, at its option, develop or otherwise
provide all revisions, maintenance, management, customizations, improvements and
modifications in and to the Software from time to time during the Term, including, without
limitation, any and all alterations or adjustments to the user interface, screen displays, font,
functionality or other performance specifications of the Platform (the “Updates”). All Updates
integrated into or used in connection with the Platform shall be deemed part of the Platform for
all purposes under these terms and conditions and, unless expressly provided otherwise in
advance, shall be provided to you at no additional cost. Propertied reserves the right to
modify the Platform as it deems necessary or desirable at any time, and from time to time
without notice to you.
1.3. Third Party Products. The Platform includes products, services and software supplied by third
parties (“Third Party Products”) supplied by third parties. Third Party Products accessed
through the Platform are licensed for use solely with the Platform and may not be used on a
stand-alone basis or with any other third-party products except as part of the Platform. Third
Party Products may be subject to additional license terms and restrictions, and you agree to
comply with any and all such terms upon written notice by Propertied. Third Party Products
are supplied AS IS, without any warranty, express or implied. Propertied reserves the right to
remove or add Third Party Products without notice to you, provided that the functionality of the
Platform shall remain substantially the same. The Platform may include third party software
that is subject to additional license terms, and Propertied agrees to comply with any and all
such terms.
2. YOUR OBLIGATIONS
2.1. No Reproduction or Exploitation. You may not copy or reproduce the Platform, or any portion
thereof, without Propertied’s prior written consent, except as reasonably required to perform
your obligations hereunder. You shall not remove or deface any portion of any copyright notice
or other legend provided on or comprising of any part of the Platform. You agree that you will
not make any commercial exploitation of the Platform and you will not create any competing
product to the Platform.
2.2. Obligation to Secure and Protect Platform. You agree to secure and protect the Platform,
including the Software and all copies thereof, in a manner consistent with the maintenance of
Propertied intellectual property rights therein.
2.3. No Reverse Engineering. You shall not, and you shall ensure that no other user who receives
access to the Platform by you, reverse engineers, alters, modifies, disassembles, decodes,
decompiles or attempts to reconstruct or gain access to the source code or underlying ideas
or algorithms of the Platform by any means whatsoever.
2.4. Feedback. You shall notify Propertied of any and all functional flaws, perceived defects,
errors, anomalies and other problems directly or indirectly associated with the Platform known
to or discovered by you directly or indirectly associated with the Platform known to or
discovered by you. You agree to promptly respond to any and all reasonable inquiries,
questionnaires, surveys, and other test documents submitted to you by Propertied from time
to time during the Term.
2.5. Restrictions on Use. You shall only use, and you shall ensure that any other users who
receive access to the Platform by you ensure that it’s employees, contractors and Authorized
Users only use the Platform for lawful purposes and in compliance with these terms and
conditions. You shall not and shall ensure that any other users who receive access to the
Platform by you ensure that it’s employees, contractors and Authorized Users do not, use the
Platform to: (a) violate any applicable law; (b) impersonate or use the identity of another
person or organization, or falsely state or otherwise misrepresent an affiliation with a person
or organization; (c) engage in any activities or manipulate identifying material to misrepresent
the origin of content; (d) disseminate any information or content, including by e-mail, that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another’s privacy, or information or content that could otherwise be
considered to be objectionable; (e) interfere with or otherwise limit the use of the Platform or
other user’s networks; (f) request, provide, or otherwise agree to work with a technician or
other service provider listed on the Platform outside of the Platform to avoid paying fees, taxes
or for any other reason; or (g) disrupt or interfere with the security of, or otherwise cause harm
to, the Platform or other user’s networks, accounts, usernames or passwords. Propertied
reserves the right to suspend access to the Platform, in whole or in part, and to suspend or
terminate access to the Platform by any user if Propertied determines in its reasonable
discretion that such user has breached its obligations under this Section 2.5 or if continued
access by such user threatens the safety or security of the Platform or any third party.
For the avoidance of any doubt, you shall not, and shall ensure that any users who receive
access to the Platform by you ensure that it’s employees and contractors, and Authorized
Users do not distribute or host any information received from the Platform, including location,
land development, and ancillary information provided through the Platform.
2.6. Additional Obligations. You shall be responsible for: (a) providing a proper computer
environment and a secure network for use of the Platform, including appropriate and
compatible hardware and software, equipment, cabling, and Internet connectivity (and all
costs associated thereto); (b) obtaining all rights necessary so that Propertied may operate
the Platform, including all rights held by other users, all consents and approvals required by
applicable privacy laws and all rights, licenses and consents of other third parties; (c)
responding to all privacy-related requests from other users; (d) the accuracy of all information
provided by you; and (e) compliance with the terms and conditions required by the vendors of
all integrated third party services. You are solely responsible for your own data backup
procedures and policies and for any configuration of the Platform performed by any party
other than by Propertied.
2.7. Propertied retains all right, title and interest in and to (a) the registered and unregistered
trademarks and service marks of Propertied; (b) all Propertied’s Intellectual Property Rights;
(c) the Platform, all Updates or derivative works to the foregoing; (d) any information relating
to Propertied’s business disclosed in any way which is of a confidential or proprietary nature,
whether or not identified as confidential or proprietary, including but not limited to the Platform,
the Intellectual Property Rights in and to the data, techniques, client lists, financial information,
past, current or possible future products, and confidential information concerning Propertied,
the Platform, but excluding information which you can demonstrate was available to or known
by the public before the disclosure by Propertied to you as contemplated under this
Agreement, is or was obtained from a source other than Propertied or any person bound by a
duty of confidentiality to Propertied or is or becomes available to or known by the public other
than as a result of improper disclosure by you (“Confidential Information”); (e) any feedback
provided by other users; and (f) any and all findings, analyses, conclusions, opinions,
recommendations, ideas, techniques, know-how, designs, programs, tools, applications,
interfaces, enhancements, software, and any other technical information by Propertied,
evaluation results, reports of errors, problems or defects and suggestions related to the
Platform.
2.8. Confidential Information. You acknowledge that you may have access to, and Propertied may
disclose to you, Confidential Information. You shall hold the Confidential Information in strict
confidence and shall (a) use the Confidential Information solely for the use of the Platform
pursuant to these terms and conditions and shall not disclose, without Propertied’s written
consent, such Confidential Information to third parties or use such Confidential Information for
your own benefit or for the benefit of third parties; provided, however, that if you are required
by any applicable law to disclose any Confidential Information, you will provide Propertied
with prompt written notice of that requirement so that Propertied may contest the disclosure of
the Confidential Information and seek an appropriate protective order or other appropriate
remedy and (b) disclose the Confidential Information only to those of your employees, agents
and representatives who need to know such Confidential Information for the purposes
contemplated hereunder and shall ensure that such employees, agents and representatives
observe the confidentiality obligations in this Section 2.8. The obligations and covenants
under this Section 2.8 will be perpetual.
3. DISCLAIMER OF WARRANTIES
3.1. THE PLATFORM MAY CONTAIN ERRORS, BUGS AND OTHER PROBLEMS THAT COULD
CAUSE SYSTEM FAILURE. PROPERTIED RESERVES THE RIGHT TO MODIFY THE
PLATFORM VERSION TO THE NEXT AT ANY TIME, INCLUDING, WITHOUT LIMITATION,
ANY MODIFICATIONS TO THE USER INTERFACE, SCREEN DISPLAYS, FONT OR
FUNCTIONALITY, AND ANY RELIANCE ON THE PLATFORM IS AT YOUR OWN RISK.
YOU ACCEPT THE PRODUCT “AS IS” WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES WHATSOEVER. PROPERTIED EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH RESPECT TO THE
PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING OR
USAGE OF TRADE. PROPERTIED ASSUMES NO LIABILITY FOR THE PLATFORM’S
USE OR PERFORMANCE. PROPERTIED SPECIFICALLY DISCLAIMS ANY AND ALL
LIABILITY FOR DAMAGES OF ANY KIND OR NATURE CAUSED BY THE USE,
UNAVAILABILITY OR OTHERWISE RELATED TO THE PLATFORM IN ANY WAY. YOU ARE
SOLELY RESPONSIBLE FOR THE ACCURACY OF ALL DATA AND INFORMATION
INCORPORATED INTO THE PLATFORM BY OR ON BEHALF OF YOU, INCLUDING ALL
DATA AND INFORMATION MADE AVAILABLE BY YOU THROUGH THE PLATFORM.
4. GENERAL
4.1. Severability. If any part of these terms and conditions shall be invalid or unenforceable, such
invalidity or unenforceability shall not affect the validity or enforceability of any other part or
provision of these terms and conditions which shall remain in full force and effect.
4.2. Governing Law. This these terms and conditions are governed by and interpreted in
accordance with the laws of the Province of Ontario and the laws of Canada applicable in that
Province. Any legal action or proceeding arising under these terms and conditions will be
brought exclusively in the federal or provincial courts located in the City of Toronto and the
parties hereby irrevocably attorn to the personal jurisdiction therein.
1. PLATFORM AND LICENSE
1.1. Assumptions and Reliance. You acknowledge that information received from the online
hub/platform which provides comprehensive development information for select jurisdiction in
Ontario, such as developments at various stages, proposed and approved along with the
studies and reports associated with these developments; land zoning, transit routes, heritage
status, and building permits where applicable (the “Platform”) is a) generated by third parties
and Propertied Inc. (“Propertied”) does not warrant the validity of any information received
and b) is accurate and relevant at the time of download and is not warranted to be accurate at
any future time.
1.2. Updates to Platform. From time-to-time Propertied may, at its option, develop or otherwise
provide all revisions, maintenance, management, customizations, improvements and
modifications in and to the Software from time to time during the Term, including, without
limitation, any and all alterations or adjustments to the user interface, screen displays, font,
functionality or other performance specifications of the Platform (the “Updates”). All Updates
integrated into or used in connection with the Platform shall be deemed part of the Platform for
all purposes under these terms and conditions and, unless expressly provided otherwise in
advance, shall be provided to you at no additional cost. Propertied reserves the right to
modify the Platform as it deems necessary or desirable at any time, and from time to time
without notice to you.
1.3. Third Party Products. The Platform includes products, services and software supplied by third
parties (“Third Party Products”) supplied by third parties. Third Party Products accessed
through the Platform are licensed for use solely with the Platform and may not be used on a
stand-alone basis or with any other third-party products except as part of the Platform. Third
Party Products may be subject to additional license terms and restrictions, and you agree to
comply with any and all such terms upon written notice by Propertied. Third Party Products
are supplied AS IS, without any warranty, express or implied. Propertied reserves the right to
remove or add Third Party Products without notice to you, provided that the functionality of the
Platform shall remain substantially the same. The Platform may include third party software
that is subject to additional license terms, and Propertied agrees to comply with any and all
such terms.
2. YOUR OBLIGATIONS
2.1. No Reproduction or Exploitation. You may not copy or reproduce the Platform, or any portion
thereof, without Propertied’s prior written consent, except as reasonably required to perform
your obligations hereunder. You shall not remove or deface any portion of any copyright notice
or other legend provided on or comprising of any part of the Platform. You agree that you will
not make any commercial exploitation of the Platform and you will not create any competing
product to the Platform.
2.2. Obligation to Secure and Protect Platform. You agree to secure and protect the Platform,
including the Software and all copies thereof, in a manner consistent with the maintenance of
Propertied intellectual property rights therein.
2.3. No Reverse Engineering. You shall not, and you shall ensure that no other user who receives
access to the Platform by you, reverse engineers, alters, modifies, disassembles, decodes,
decompiles or attempts to reconstruct or gain access to the source code or underlying ideas
or algorithms of the Platform by any means whatsoever.
2.4. Feedback. You shall notify Propertied of any and all functional flaws, perceived defects,
errors, anomalies and other problems directly or indirectly associated with the Platform known
to or discovered by you directly or indirectly associated with the Platform known to or
discovered by you. You agree to promptly respond to any and all reasonable inquiries,
questionnaires, surveys, and other test documents submitted to you by Propertied from time
to time during the Term.
2.5. Restrictions on Use. You shall only use, and you shall ensure that any other users who
receive access to the Platform by you ensure that it’s employees, contractors and Authorized
Users only use the Platform for lawful purposes and in compliance with these terms and
conditions. You shall not and shall ensure that any other users who receive access to the
Platform by you ensure that it’s employees, contractors and Authorized Users do not, use the
Platform to: (a) violate any applicable law; (b) impersonate or use the identity of another
person or organization, or falsely state or otherwise misrepresent an affiliation with a person
or organization; (c) engage in any activities or manipulate identifying material to misrepresent
the origin of content; (d) disseminate any information or content, including by e-mail, that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another’s privacy, or information or content that could otherwise be
considered to be objectionable; (e) interfere with or otherwise limit the use of the Platform or
other user’s networks; (f) request, provide, or otherwise agree to work with a technician or
other service provider listed on the Platform outside of the Platform to avoid paying fees, taxes
or for any other reason; or (g) disrupt or interfere with the security of, or otherwise cause harm
to, the Platform or other user’s networks, accounts, usernames or passwords. Propertied
reserves the right to suspend access to the Platform, in whole or in part, and to suspend or
terminate access to the Platform by any user if Propertied determines in its reasonable
discretion that such user has breached its obligations under this Section 2.5 or if continued
access by such user threatens the safety or security of the Platform or any third party.
For the avoidance of any doubt, you shall not, and shall ensure that any users who receive
access to the Platform by you ensure that it’s employees and contractors, and Authorized
Users do not distribute or host any information received from the Platform, including location,
land development, and ancillary information provided through the Platform.
2.6. Additional Obligations. You shall be responsible for: (a) providing a proper computer
environment and a secure network for use of the Platform, including appropriate and
compatible hardware and software, equipment, cabling, and Internet connectivity (and all
costs associated thereto); (b) obtaining all rights necessary so that Propertied may operate
the Platform, including all rights held by other users, all consents and approvals required by
applicable privacy laws and all rights, licenses and consents of other third parties; (c)
responding to all privacy-related requests from other users; (d) the accuracy of all information
provided by you; and (e) compliance with the terms and conditions required by the vendors of
all integrated third party services. You are solely responsible for your own data backup
procedures and policies and for any configuration of the Platform performed by any party
other than by Propertied.
2.7. Propertied retains all right, title and interest in and to (a) the registered and unregistered
trademarks and service marks of Propertied; (b) all Propertied’s Intellectual Property Rights;
(c) the Platform, all Updates or derivative works to the foregoing; (d) any information relating
to Propertied’s business disclosed in any way which is of a confidential or proprietary nature,
whether or not identified as confidential or proprietary, including but not limited to the Platform,
the Intellectual Property Rights in and to the data, techniques, client lists, financial information,
past, current or possible future products, and confidential information concerning Propertied,
the Platform, but excluding information which you can demonstrate was available to or known
by the public before the disclosure by Propertied to you as contemplated under this
Agreement, is or was obtained from a source other than Propertied or any person bound by a
duty of confidentiality to Propertied or is or becomes available to or known by the public other
than as a result of improper disclosure by you (“Confidential Information”); (e) any feedback
provided by other users; and (f) any and all findings, analyses, conclusions, opinions,
recommendations, ideas, techniques, know-how, designs, programs, tools, applications,
interfaces, enhancements, software, and any other technical information by Propertied,
evaluation results, reports of errors, problems or defects and suggestions related to the
Platform.
2.8. Confidential Information. You acknowledge that you may have access to, and Propertied may
disclose to you, Confidential Information. You shall hold the Confidential Information in strict
confidence and shall (a) use the Confidential Information solely for the use of the Platform
pursuant to these terms and conditions and shall not disclose, without Propertied’s written
consent, such Confidential Information to third parties or use such Confidential Information for
your own benefit or for the benefit of third parties; provided, however, that if you are required
by any applicable law to disclose any Confidential Information, you will provide Propertied
with prompt written notice of that requirement so that Propertied may contest the disclosure of
the Confidential Information and seek an appropriate protective order or other appropriate
remedy and (b) disclose the Confidential Information only to those of your employees, agents
and representatives who need to know such Confidential Information for the purposes
contemplated hereunder and shall ensure that such employees, agents and representatives
observe the confidentiality obligations in this Section 2.8. The obligations and covenants
under this Section 2.8 will be perpetual.
3. DISCLAIMER OF WARRANTIES
3.1. THE PLATFORM MAY CONTAIN ERRORS, BUGS AND OTHER PROBLEMS THAT COULD
CAUSE SYSTEM FAILURE. PROPERTIED RESERVES THE RIGHT TO MODIFY THE
PLATFORM VERSION TO THE NEXT AT ANY TIME, INCLUDING, WITHOUT LIMITATION,
ANY MODIFICATIONS TO THE USER INTERFACE, SCREEN DISPLAYS, FONT OR
FUNCTIONALITY, AND ANY RELIANCE ON THE PLATFORM IS AT YOUR OWN RISK.
YOU ACCEPT THE PRODUCT “AS IS” WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES WHATSOEVER. PROPERTIED EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH RESPECT TO THE
PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING OR
USAGE OF TRADE. PROPERTIED ASSUMES NO LIABILITY FOR THE PLATFORM’S
USE OR PERFORMANCE. PROPERTIED SPECIFICALLY DISCLAIMS ANY AND ALL
LIABILITY FOR DAMAGES OF ANY KIND OR NATURE CAUSED BY THE USE,
UNAVAILABILITY OR OTHERWISE RELATED TO THE PLATFORM IN ANY WAY. YOU ARE
SOLELY RESPONSIBLE FOR THE ACCURACY OF ALL DATA AND INFORMATION
INCORPORATED INTO THE PLATFORM BY OR ON BEHALF OF YOU, INCLUDING ALL
DATA AND INFORMATION MADE AVAILABLE BY YOU THROUGH THE PLATFORM.
4. GENERAL
4.1. Severability. If any part of these terms and conditions shall be invalid or unenforceable, such
invalidity or unenforceability shall not affect the validity or enforceability of any other part or
provision of these terms and conditions which shall remain in full force and effect.
4.2. Governing Law. This these terms and conditions are governed by and interpreted in
accordance with the laws of the Province of Ontario and the laws of Canada applicable in that
Province. Any legal action or proceeding arising under these terms and conditions will be
brought exclusively in the federal or provincial courts located in the City of Toronto and the
parties hereby irrevocably attorn to the personal jurisdiction therein.