Terms of Use

Last update on December 1, 2017

 

Before using our website, please read this carefully.

This Website (“website” or “site“) is provided to you by Terrex Real Estate Services Inc. (“TERREX”, “we”, “us” or “our”) and is subject to these Terms of Use (“Terms“). In these Terms we describe users (“Users“) of the Site as both registered and non-registered users.

Please read these Terms carefully before using the Site. By accessing, using or browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site and may choose to exit the Website.

TERREX reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your subscription with us without further obligation.

The services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

If you subscribe through our Site, you agree to provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); and maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete.

In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users is called “User Content”. User Content is that User’s property. TERREX’s only right to that User Content is the limited licenses to it granted in these Terms.

Other than the User Content, the Site, all Content and all software available on the Site or used to create and operate the Site is the property of TERREX or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information (by trade name, trademark, manufacturer, supplier or otherwise) does not constitute or imply endorsement, sponsorship or recommendation thereof by TERREX.

Your User Content is your responsibility. We have no responsibility or liability for it, including any loss or damage it may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Agreement and your account with us.

Availability

The services and functionalities provided on this Site are provided for your convenience only and may be modified or removed at any time from this Site, or they may be unavailable from time to time.

Reliance on Information

This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at TERREX’s sole discretion.

Changes to this Site

Changes may be made at any time to the information, names, text, software, images, pictures, games, logos, trade-marks, functionalities, products and services and any other material displayed on, offered through or contained on this Site.

Privacy Policy

TERREX’s personal information practices on this Site are governed by TERREX’s Privacy Policy. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of majority.

Links

This Site may contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of TERREX. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

You may not create a link to this Site without the prior written consent from TERREX.

Your Obligations

Your use of this Site will be in compliance with all applicable laws and regulations. You will not: (i) use this Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email; (ii) omit, delete, forge or misrepresent transmission information, including without limitation headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (iii) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (iv) engage in any activities intended to withhold or cloak identity or contact information; (v) send harassing and/or threatening messages to others; (vi) transmit any viruses or other disabling mechanisms; (vii) use this Site for any illegal purpose, in violation of any applicable laws or regulations; (viii) engage in any Internet activities that would violate the privacy rights of others; (ix) attempt to penetrate security measures of this Site or obtain or bypass others’ passwords; or (x) engage in denial of service attacks, or take actions designed to impair network access by flooding this Site or the Internet with useless traffic.

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content on or through this Site that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy; (ii) infringes or violates any party’s copyright, trade-mark, trade secret, patent or other proprietary rights; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information not belonging to you, including without limitation any personal information belonging to minors;

TERREX makes no representation or warranties that materials in this Site are appropriate or available for use outside of Canada. If you are accessing this Site from outside of Canada, you are doing so on your own initiative and are responsible for compliance with applicable laws, if and to the extent applicable. The products referred to on this Site may not be available outside of Canada.

Intellectual Property

The materials displayed on or contained within this Site including, without limitation, all software, design, text, photographs, illustrations, audio clips, video clips, tools, artwork and other graphic materials, and names, logos, trade-marks and service marks and any other content (collectively the “TERREX Materials”), are the property of TERREX and/or its licensors and are protected by copyright, trade-mark and other intellectual property rights and laws. TERREX’s name, design and related marks are trade-marks of TERREX © 2017 Terrex Real Estate Services Inc. All rights reserved.

Limitation of Liability

In no event shall TERREX and any of their respective directors, officers, employees, agents, or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, goodwill, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: this site; any TERREX materials, information, qualification and recommendations appearing on this site; any links, products, functionalities or services offered through, contained in or advertised on this site; failure of performance, error, omission, interruption, defect, delay in operation, computer virus, communication line failure, theft, destruction or unauthorized access to, or alteration of, or inability to use this site whether or not arising from breach of contract, tort, civil liability or otherwise and even if TERREX has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by law.

You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of this site and your materials. TERREX shall not be responsible for your materials or the materials of any other users submitted to this site.

Indemnification

You agree to indemnify and hold harmless TERREX and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; (b) your use of this Site including without limitation transmission or placement of information or material by you on this Site; and (c) any claim or allegation that Your Materials infringe the intellectual property or other proprietary rights of any third party.

Termination

TERREX may at any time and at its sole discretion terminate your right to use this Site.

Governing Law

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the province of Quebec, and in each case the laws of Canada applicable therein. The parties’ jurisdiction is to the courts in the District of Montreal, Province of Quebec.

General

These Terms of Use constitute the entire agreement between you and TERREX with respect to your use of this Site, understandings and representations relating thereto. No failure by TERREX or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.