Loft Investor

LoftInvestor.com is a web site that is operated as PC SYSWARE Inc. implementation, with the kind support of  PLANIT Real Estate Inc., Corporations registered in the Province of Ontario. LoftInvestor’s Terms of Use will govern the LoftInvestor.com site. Throughout the Terms of Use we refer only to LoftInvestor to make reading the Terms of Use easier.

LoftInvestor.com
44 Upjohn Road
Toronto ON M3B 2W1
General Information: 1-416-645-0766
Toll Free/Customer Service: 1-855-951-0111
Fax: 1-416-628-6860
E-mail: info@LoftInvestor.com

TERMS OF USE AGREEMENT

Please read this Terms of Use Agreement (“Agreement”) carefully. By accessing this Web site and any pages hereof, Customer agrees to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaimers of warranties and liability. These provisions form an essential basis of our bargain. If Customer does not agree to these terms and conditions, do not access this Web site.

MEMBERSHIP PRIVILEGES

Membership privileges are granted by LoftInvestor to customers exclusively and are granted specifically to the registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of LoftInvestor. LoftInvestor requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Investor website. Members are not permitted to share their individual logon information with others. LoftInvestor has the right to refuse service to any member that refuses to abide by the terms and conditions herein or abuses their rights related to the LoftInvestor services.

LoftInvestor utilizes email as a vital and primary communication channel with customers. As a registered user, Customer hereby acknowledge and grant LoftInvestor the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes LoftInvestor determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. LoftInvestor will use best efforts to honor Customer’s request to opt out of marketing messages, but under no circumstances will LoftInvestor have any liability for sending any email to its registered users/customers.

SUBMISSION AND ADMINISTRATION OF LISTINGS

Customer agrees to not submit any property descriptions, photographs, financial, contact or other information contained in each Property’s data to LoftInvestor unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer’s website or on LoftInvestor’s website. LoftInvestor may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, LoftInvestor may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. LoftInvestor will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer’s website or the LoftInvestor website.

LoftInvestor shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on its website and LoftInvestor shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the LoftInvestor system under a name other than the published Postal service address or legal address as applicable; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. LoftInvestor reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer’s website or on the LoftInvestor website. LoftInvestor accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to LoftInvestor.

USE OF INFORMATION

Customer agrees to treat all information and Listings obtained from the Service as proprietary to LoftInvestor. Customer agrees that information and Listings reserved for members will be maintained as confidential and shall be protected as a trade secret of LoftInvestor. LoftInvestor does not ensure the accuracy of, endorse or recommend any Listings and Customer uses such Listings at the Customer’s own risk. Customer may access the Listings solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Listings to personal and internal use, and shall not use Listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce Listings obtained from the Service for or in connection with any other listing service or device. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership.

DISCLAIMERS AND LIMITATIONS

LoftInvestor will make every reasonable effort to ensure that the information contained in this Web site is accurate and reliable; however, errors sometimes occur. In addition, LoftInvestor may make changes and improvements to the information provided herein at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” LOFTINVESTOR AND/OR ITS SUPPLIERS OR REAL ESTATE INVESTOR PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR LOFTINVESTOR’S SERVICES IS AT CUSTOMER’S OWN RISK. LOFTINVESTORAND/OR ITS SUPPLIERS OR REAL ESTATE INVESTOR PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR LOFTINVESTOR’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOFTINVESTOR AND/OR ITS SUPPLIERS, OR REAL ESTATE INVESTOR PROFESSIONALS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE CUSTOMER.

LIMITATION OF LIABILITY AND INDEMNIFICATION

AS A CONDITION OF USE OF THIS WEB SITE AND/OR LOFTINVESTOR’S SERVICES. CUSTOMER AGREES THAT IN NO EVENT SHALL LOFTINVESTOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer’s exclusive remedy, and LoftInvestor’s entire liability under this Agreement shall be a refund to Customer of the fees paid to LoftInvestor hereunder, and in no event will LoftInvestor’s liability for any reason exceed such fee. LoftInvestor (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify LoftInvestor (and LoftInvestor’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Services or the Deliverables.

LINKS TO THIRD PARTIES

This Web site may contain links to Web sites maintained by third parties providing access to educational content, financial information and/or real estate investor services to the Customer. These links are provided for the Customer’s convenience and reference only. LoftInvestor does not operate or control in any respect any information, software, products or services available on such Web sites. LoftInvestor’s inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organizations.

ERRORS AND DELAYS

LoftInvestor is not responsible for any errors or delays in responding to an offer, counteroffer, inquiry or accessing real estate investor professional services caused by an incorrect e-mail address provided by the Customer or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by LoftInvestor, or to any acts or omissions for which the Customer may contend LoftInvestor is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before an arbitrator under the commercial arbitration rules of the Canadian Arbitration Association (“CAA”) in force at that time. The arbitration shall be venued in Ontario, Canada. The arbitrator shall be selected pursuant to the CAA rules. Should no CAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to LoftInvestor. In any arbitration, LoftInvestor will pay the arbitration filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Ontario any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore.

Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction in the Province of Ontario. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN THE CUSTOMER AND LOFTINVESTOR WILL BE RESOLVED BY BINDING ARBITRATION. THE CUSTOMER THUS GIVES UP ITS RIGHT TO GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS. THE CUSTOMER ALSO GIVES UP ITS RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. THE CUSTOMER RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. The Customer is entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using LoftInvestor’s goods and services, the Customer consents to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between the Customer and LoftInvestor, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the Provincial and federal courts sitting in the Province of Ontario. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.

UNSOLICITED COMMERCIAL EMAIL (SPAM)

LoftInvestor prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Email The Broker, Email a Friend service or other email services that LoftInvestor offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. LoftInvestor has the right to revoke the privileges of any customer or company that breaches these terms.

OWNERSHIP AND LICENSE GRANT

LoftInvestor retains all rights (including intellectual property rights), title and interest in the LoftInvestor Web site, technology and brochures, database, LoftInvestor technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of LoftInvestor’s technology or delete or alter author attributes or copyright notices. Customer shall use the LoftInvestor system solely for their own use and shall not allow others to use the LoftInvestor system under or through that Customer’s login ID/email and password.

OTHER TERMS

This Agreement constitutes the entire agreement between the Customer and LoftInvestor and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between the Customer and LoftInvestor with respect to this Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the Province of Ontario, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.