Last Update: Jan 28, 2019 (v.04052019)
Welcome to the websites for SHIFT Next Level Innovations Inc., dba Conduit (conduit.com) and Shiftsuite (including Shiftsuite Community (condocommunitywebsites.com), Vetted Vendor and Vendor Vetting by Shiftsuite (vettedvendor.ca), Shiftsuite Online Proxies (proxyshiftsuite.com) and condominium owner community sites) (collectively, including condominium owner community websites, and the portals accessed through these websites, the “Website”) which provides access to web applications to facilitate your use and access to various products and services. The Website is owned and operated by the Company and/or any its affiliates, to provide you with information about the Company, any of its affiliates and the products and services and with tools and services related to the management, community development and engagement in respect of condominium properties (the “Services”).
USE OF THE WEBSITE
In order to register with and use the Website you represent and warrant that you are (a) at least 18 years of age, and (b) as our client (or as authorized by our client), obtaining access to the Services, related to the management, community development and engagement and related services in respect of condominium properties you manage or you reside in.
To use certain portions of the Website, registration with a unique username, password is required. You are also required to provide in an accurate and complete manner all information requested by us to provide you access to the Services in connection with the purpose for your registration. You are responsible for maintaining the confidentiality of your login credentials and for all access and uses of the Services through such login credentials (whether or not authorized by you). You agree to immediately notify us of any unauthorized use of your login credentials. You agree that we may deny access, use and/or registration privileges to any user of the Website or the Services in our sole discretion if we believe that such use or access of the Website or the Services is improper, unlawful, disrupts, or adversely affects or interferes with the Website or the Services.
You grant the Company and its affiliates the right to use your information in connection with the operation of the Website and the provision of the Services to you including any updates, offers and newsletters in respect of the Services.
Users will only access or use the Website and the Services for their proper purposes and, in particular will not:
- post User Content in breach of the User Content Rules (described below);
- alter, damage, delete any Content or any User Content that is not their own, or otherwise interfere with the ability of others to access the Website Services, or Content, or User Content;
- use the Website to transmit any unsolicited advertising, promotional materials or other forms of solicitation to Website users;
- interfere with or disrupt the Website, Services, servers or networks connected to the Website;
- reproduce, duplicate, copy, use, distribute, sell, or otherwise exploit for any commercial purposes any portion of any Content or User Content;
- impersonate any other person when using the Website;
- permit third parties who are not (i) our clients (including other entities that provide similar or competing services to our Services), or (ii) users of services provided by our clients to access the Website or to disclose the content, functionality, features or similar relevant information to such entities;
- use the Website, Content, or Services in any way that violates any applicable law or regulation.
Payment for Services
You agree that you will pay for all Services you purchase and that the Company may charge the credit card account as provided by you for the Services (including any applicable taxes). You are responsible for providing the Company with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable, except where required by applicable law.
We use Moneris, a third-party payment processor (the “Payment Processor”) to process any payments for the Services. Any information provided in connection with such payment will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to the terms of this Agreement.
Ownership of Website Content
All Content accessible through this Website is the property of Company or its affiliates or licensors, and is protected by copyright laws. You may not use any trademark displayed on the Website without the written permission of the trademark owner.
Use of, and License to, Website and Content
Company grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to access, use and display on your computer or other electronic access device, the Website and Content, and to download (where permitted by the functionality of the Website), print, or both, a reasonable number of copies of Content provided that the Content is not modified and you maintain all copyright and other proprietary notices.
Content on the Website is for informational purposes only and is not intended to serve as any type of advice.
We strive to provide helpful and accurate information on the Website, but we do not verify, endorse or vouch for the information, services or recommendations made or provided by persons other than Company. We are not responsible for the accuracy, reliability, effectiveness, correct use of or the applicability of the information you receive through the Website. Reliance on any information provided by Company or others on the Website is solely at your own risk.
Links to Third Party Websites. Certain links on this Website may take you to websites that are owned and operated by third parties (“Third Party Sites”). Company provides these links as a convenience only and does not endorse or have any control over any Third Party Sites or their Content, any products, services or information they provide. If you decide to visit any Third Party Site, you do so at your own risk.
You may not provide hyperlinks to this Website without the prior written consent of Company.
When you visit our Website you may upload, post information, comments, photos, reviews and otherwise submit statements, materials, questions or information to discussion boards, online forums or dedicated areas available on the Website and as part of our Services (“User Content”) provided you comply with the User Content Rules below.
These rules (“User Content Rules”) apply to all User Content. User Content must not:
- be illegal, fraudulent, obscene, threatening, or defamatory;
- invade the privacy of, infringe the intellectual property rights of, or otherwise injure any other person;
- consist of or contain software viruses, or any disabling or malicious devices or code;
- contain mature, offensive or otherwise inappropriate content;
- falsely express or imply that such User Content is sponsored or endorsed by a party or entity if the User Content is not sponsored or endorsed by that party or entity; or
- be used in violation of applicable law, including any privacy laws.
You acknowledge that the Website is a passive conduit for the distribution of User Content by users of the Website and Services (whether they are property managers, residents of condominium buildings or others) and the Company and its affiliates are not responsible or liable to you or to any third party for such User Content or the accuracy of such User Content. The Company does not monitor (and is not obligated to monitor) any User Content made available on the Website and disclaims any and all liability in respect of such User Content.
Rights to User Content
By uploading or otherwise submitting User Content, you
Company is not responsible for any loss, damage, or corruption that may occur to your User Content and Company does not (and is not obligated to) monitor User Content published by you or other Users, or moderate User Content. You agree that Company is not liable in any way in respect of any User Content.
This Website, all Content, Services, products and services obtained through it, and all User Content are made available on an “as is” and “as available” basis, without any representation, warranty or condition of any kind, express or implied, or any guaranty or assurance the Website or the Services will be available for use, or that all products, features, functions, services or operations will be available or perform as described. To the fullest extent permitted by law, Company disclaims all implied representations, warranties and conditions relating to the Website, the Services, all Content, products and services obtained through the Website, and all User Content, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or availability of Service. Company does not warrant that the Website or the provision of Services will meet your requirements or that the operation of the Website or the provision of Services will be uninterrupted or error-free; nor does Company make any warranty as to the result that may be obtained from the use of the Website or the Services or as to the accuracy, reliability, suitability or content of the Website (including any User Content) or the Services. You agree that access to and use of the Website and the information, products and services, Content or User Content available on it is at your own risk. Neither Company nor any supplier contributing to this Website is responsible for any errors or omissions in any information provided or any reliance on such information, Services, Content or User Content. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Website or the Services. You understand, acknowledge and agree that you are assuming the entire risk including without limitation, accuracy, performance, quality or security of any features or functions of the website, Content or User Content associated with your use of the Website or the Services.
LIMITATION OF LIABILITY
In no event will Company or its affiliates or their respective representatives, licensors, suppliers or service providers be liable for any direct, indirect, punitive, incidental, special, consequential or any damages whatsoever, including, without limitation, damages for loss of use, data or profit, arising out of or in any way connected with the use or performance of the Website or the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Company had been advised of the possibility of damages.
Applicable Law and Governing Law
Benefit of the Agreement