Terms of Use

Thank you for visiting AreaApe.com (collectively, the “Site”) helping Occupiers, Owners, Industry, and Service Providers to ‘navigate the concrete jungle’®. Please read these Terms of Use (the “Agreement”) carefully, and in their entirety before using the Site. The Agreement also applies to all data and services (the “Content”) offered and/or provided to you from the Site, or through other electronic methods including but not limited to e-mail, social media, third party sites, third party and affiliate advertising, mobile applications, and all modes of electronic media (“Electronic Media”). Access to this Site is for personal, non-commercial use only and all text, graphics, logos, button icons, images, audio and video clips, and other software that has licensed their materials to AreaApe is protected by Canadian and international copyright laws and is the property of AreaApe. The Software (the “Software”) including any files and images incorporated or generated by the software are licensed to you by AreaApe Inc. AreaApe Inc. retains full and complete copyright in and title to the software and all other intellectual property rights therein. Reverse-engineering, decompile, and/or redistributing or selling of data accompanied by the software is non-assignable, non-transferable and is not being transferred to you. By agreeing to this licensing and terms of use, you agree to only download one copy of the material from the Site for your personal use purpose.

By using the Site, its mobile applications, and/or by subscribing to email services you agree to comply with the Agreement and confirm that you have a bona fide interest in purchasing, selling, leasing, or sub-leasing, or providing a service affiliated to commercial real estate. If you do not agree to comply with the terms of this Agreement, you may not use the Site, access the Content, subscribe to Electronic Media or any other services offered from AreaApe, or its affiliates, and you must exit the site immediately.

The Site is owned and operated by AreaApe Inc. (collectively, the “Owner”), a corporation registered in the province of Alberta, Canada. AreaApe and their affiliates (collectively, “we”, “us”) reserve the right, at our sole discretion, to modify the Agreement at any time, and that such modifications shall be effective immediately upon posting of the new version on the Site. You agree to review the Agreement periodically to be aware of such modifications, and your continued use of the Site shall be deemed your conclusive acceptance of the modified Agreement.

Applicable Law

This Web site is controlled, operated and administered by AreaApe Inc. from within the Province of Alberta, Canada. This Web site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.

Nature of the Site

The Site acts as a forum for consumers, industry, and real estate professionals alike to post and access data and services through third party information related to properties across Canada and internationally. The information provided on the Site is from sources we consider reliable, but because it is supplied by third parties, we cannot warrant or guarantee that it is accurate or complete and it should not be relied upon as such. All postings and other data are subject to changes without notices, and to errors and omissions. The data has not been, and cannot be verified by us.

You should use your own judgment regarding the merits of any data, individual, or entity that you find on, or through the Site. In spite of its good faith effort, AreaApe cannot and does not represent nor warrant that any individual or entity who’s services are promoted or offered on or through the Site is registered, licensed, qualified, or otherwise authorized or capable of performing any described services.

Warranties

AreaApe, and its affiliates, do not make any representations, warranties or assurances as to the timeliness, completeness or accuracy of the information provided by any industry professional, real estate salesperson, broker, brokerage, affiliate, appraiser or other real estate- or real-property-related service provider on or through the Site, including without limitation any real property evaluation or other related services.

Proprietary Nature of Site and Content

The Site, and all text, information, images, audio, video and other material (the Content) posted on or through the Site, are protected by copyright, trademark, and other intellectual property and proprietary rights laws. All Content posted on or through this Site, remains the valuable intellectual property of its owner(s), and is made available on or through the Site solely for your own personal, non-commercial, lawful use. You agree to abide by all copyright notices, information and restrictions contained in or displayed herein and with any Content.

Legal Capacity

You affirm that you have attained the age of majority in the jurisdiction in which you are a resident, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

You may not use the Site if you live in a jurisdiction where access to or use of the Site or any part of it may be illegal. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws.

User’s Rights to Site Content

Nothing contained on the Site should be considered as granting you, by implication, estoppels, or otherwise, any license or right to use any copyrighted material, trade-marks, logos, or other names, or other intellectual property used on or in connection with the Site, including, but not limited to, those identifying AreaApe and/or its affiliates, licensors and related companies, or their respective products and services displayed on the Site, without the expressed written consent of the applicable rights holder. You do not acquire any ownership rights in any Content, nor are you granted any commercial, sale, resale, reproduction, licensing or sub-licensing, distribution, publishing, broadcast, transmission, performance or promotional use rights with respect to the Content.

Limited Rights with Respect to Content

You may only copy and store Content on your own computer for your personal, non-commercial home use, and you may not copy, share, modify, translate, license or sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any Content to another recipient or otherwise use the Content for any other purpose. You are hereby advised that AreaApe, its affiliates and licensors will aggressively enforce their intellectual property rights to the fullest extent permitted by law.

User Compliance with Agreement

Your use of the Site and the Content must comply with this Agreement, all applicable laws and all applicable policies of AreaApe and its affiliates. Without limitation, you may not use the Site to, directly or indirectly:

  1. upload, post, transmit, distribute, or otherwise disseminate or make available on or through the Site any Content that: invades another person's privacy or collect, disclose or store personal information about other persons (including telephone numbers, street addresses, e-mail addresses, last names, etc.);
  2. impersonate any person or entity, including, but not limited to a AreaApe representative, or falsely state or otherwise misrepresent your true identity and bona-fides, and your affiliation with a person or entity;
  3. is copyrighted, protected by trade secret or otherwise subject to third party proprietary or contractual rights, including privacy and personality/publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the Content and to grant Us all of the rights granted therein;
  4. is obscene, profane, defamatory, libelous, slanderous, fraudulent, deceptive, threatening, intimidating, pornographic, harassing, abusive, hateful, racially or ethnically offensive, encourages or assists conduct that would constitute a criminal offence, could result in civil liability, or is otherwise objectionable, offensive, inappropriate or unlawful;
  5. implies or suggests an endorsement by Us;
  6. in the case of audio or video Content, is greater than two (2) minutes in duration; or
  7. contains advertising, a solicitation of funds, or a solicitation for goods or services unless written authorization is granted by us; or
  8. otherwise violates this Agreement or any applicable municipal, provincial, federal or international law, statute, regulation, or by-law.
Rights of Use: User Contribution Content

You represent and warrant that you own or have secured all necessary licenses, rights, releases from liability, consents and permissions to use, and to authorize Us to use, any trade-marks, copyrighted material, or other intellectual property and/or proprietary material contained in your Contributions, and that you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your Contributions to use his/her name and/or likeness, or other identifying information.

You will be solely responsible for any Content that you make available through the Site, and any liability resulting from its use as contemplated in this Agreement. You will also be liable for any costs, losses or damage resulting, directly or indirectly, from you making any Content for which you were not authorized to include as a Contribution to this Site, either directly or indirectly, in accordance with the Terms of Use of the Site.

Non-Confidentiality of User Contribution Content

Any communications, comments, ideas, concepts or Contributions that you post to the Site will be treated as non-confidential and non-proprietary and will not be protected under our privacy policy. You agree that AreaApe and its affiliates are free to use any ideas, concepts, know-how or techniques that you contribute to the Site, at any time, and for any purpose.

Content License

Although AreaApe does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials You give us (collectively, the "Content"), by providing Content for the Website, You automatically grant, and You represent and warrant that You have the right to grant, to AreaApe an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing AreaApe with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website by any other party.

Third Party Content Control Disclaimer

You acknowledge that, despite the prohibitions above, Content posted on the Site by third party users, may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and links to other web sites. The Site does not control Content uploaded by third parties in real time, and therefore we assume no responsibility or liability for its accuracy, integrity, or whether the user adhered to this Agreement when uploading Content and we accept no liability as a result. Use of the Content on this Site, is at the sole risk of the User.

Right to Censor and Remove Content

The Site has no obligation to, does not and cannot, monitor or review every item of Content that you and other users make available through the Site, and AreaApe is not responsible for any of this Content made available on the Site by a User. However, AreaApe reserves the right to investigate, monitor, delete and/or refuse to transmit, move, remove, edit or refuse to post any material or information, in whole or in part, without notice to you, that we deem in our absolute discretion, inaccurate, misrepresented, intended to offend the sensibilities of others, or in violation of any law, regulation, contractual obligation, the Term of Use, or any other provisions contained within this Agreement.

Rate the Service Provider Reviews

By Agreeing to the Terms of Use of the Site, You agree to participate in the AreaApe program entitled rate the service provider, which allows the consumer to provide comments and feedback to the Site regarding business performance surrounding the service completed. Comments may or may not be reviewed by AreaApe, however AreaApe shall be indemnified and held harmless for comments, flattering or unflattering that may be posted. You agree that if you become a member of AreaApe, you agree to being reviewed by users of your product or service based on firsthand experience of the customer experience. When leaving a review, you agree not submit any reviews that may be considered by AreaApe to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically or otherwise objectionable. Further, all of Your reviews and ratings will either be based upon:

  1. Your actual first-hand experiences with the Service Providers You are reviewing;
  2. all of Your reviews and ratings of the Service Providers that You are rating will be accurate, truthful and complete in all respects;
  3. You do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which You submit reviews and ratings;
  4. You do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which You submit reviews and ratings;
  5. You are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which You submit reviews or ratings; and
  6. Your name and review information will be made available to the Service Providers on which You review.
Complaint Resolution Process

If You have a dispute with a Service Provider, You may request AreaApe’s assistance in communicating with that Service Provider about Your desired resolution (the “Complaint Resolution Process” or the “CRP”).

You may request to participate in the CRP through our Website or by contacting info@areaape.com. You then will be requested to complete and return to AreaApe certain documentation relating to Your complaint. Shortly thereafter, a member of our Complaint Resolution Team will contact You to obtain additional information and understand Your desired resolution. The Complaint Resolution Team then will contact the Service Provider to explain Your complaint and desired resolution and to ask the Service Provider to respond in writing within a reasonable timeframe.

If the Service Provider agrees to Your desired resolution or supplies a counteroffer that You find acceptable, the case is considered resolved, Your review regarding the Service Provider will be removed, and You will have the opportunity to submit updated feedback about Your experience. If the Service Provider responds but does not resolve the matter as described above, Your feedback shall remain unchanged. Your participation in the CRP is at AreaApe sole discretion. We reserve the right to reject Your request to participate for any reason.

Third Party Webpage Links or Advertising

Web sites accessed via links or other means from the Site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any Content or links on the Site should not be construed as an express or an implied endorsement of any third party products or services by us. We are not responsible for the Content or opinions expressed on any linked web sites, and such web sites are in no way investigated, monitored or checked by us.

Unless otherwise agreed in writing by us, you may only provide a hypertext link to the Site on another web site, provided that (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trade-marks, as determined by us in our sole and absolute discretion; (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by us, as determined by us in our sole and absolute discretion; (c) the link, when activated by a user, must display the Site full-screen and not within a "frame" on the linked web site; and (d) we reserve the right to revoke our consent to the link at any time in our sole discretion.

Security

You may be issued a unique user name and password to access portions of the Site. You are solely responsible for protecting your user name and password. The Site will not be held liable for any claims, losses, actions, damages, suits or proceedings relating to the sharing of your user name and/or password with others. You agree to notify AreaApe immediately after you become aware of any unauthorized use of your user name and password, and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.

Termination of Agreement

This Agreement shall continue indefinitely until terminated by you, or us pursuant to the provisions herein or in accordance with applicable law. We reserve the right to discontinue, or terminate your access to the Site, or any portion of the Site, at any time without notice to you. Our discontinuance of access to the Site or any portion of the Site may result in the removal or deletion of Content made available by you. You are responsible for maintaining any required personal copies of such Content. AreaApe will not be liable to you with respect to its deletion of any Content.

Disclaimer of Warranties

THE SITE, AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" BASIS. AREAAPE, ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING AND WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE. NEITHER AREAAPE NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, OR POSTING FOUND ON THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR FINANCIAL INFORMATION), ANY SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE SITE. NEITHER AREAAPE NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL AREAAPE OR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THE SITE, DIRECTLY OR INDIRECTLY. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER AREAAPE NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.

Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless AreaApe, its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of this Agreement; or (b) your use of the Site, the Content, your contributions and the placement or transmission of any Content or any of your contributions on the Site made by you or others using your user name and password. AreaApe reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of AreaApe or its affiliates, licensors or related companies. You will co-operate as fully as reasonably required in the defense of any claim.

Credits

Credit has no monetary value and cannot be redeemed for any cash value.

Privacy

Our collection, use and disclosure of personal information in connection with the Site are governed by our Privacy Policy, which is posted at Privacy Policy Page..

Remedies & Recourse
  1. If you are dissatisfied with the Site or with this Agreement, your sole and exclusive remedy is to discontinue using the Site.
  2. AreaApe reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular IP address to the Site or any part thereof.
Disclosure of Information

As AreaApe continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement. AreaApe reserves the right to modify the Terms of Use can change at any time.

Indemnification

You agree to indemnify, defend and hold harmless AreaApe, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to AreaApe or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. AreaApe will have sole control of the defense of any such damage or claim.

I Agree