Terms & Conditions
Arrowleaf Real Estate Holdings Ltd. Website Terms and Conditions
1. INTRODUCTION
1.1 Thank you for your interest in the Arrowleaf website (the “Website”). Please read these Terms and Conditions carefully before using the Website.
1.2 By using the Website, you agree to comply with these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website.
1.3 These Terms and Conditions were last updated, and are effective as of, the “Last updated” date indicated above. Arrowleaf reserves the right, at its sole discretion, to modify any part of the Terms and Conditions at any time, in accordance with applicable law. Arrowleaf will provide notice to you on this Website or by e-mail of any such modifications. If you do not accept such modifications, you must terminate your use of the Website and these Terms and Conditions shall be deemed to be terminated. Your continued use of the Website in the event of any such modification shall be deemed your conclusive acceptance of the modified Terms and Conditions.
1.4 In order to use the Website, you must be at least the age of majority in the jurisdiction in which you reside as of the time you use the Website.
1.5 You agree to have these Terms and Conditions and any related information made available to you, and to otherwise have communications between you and Arrowleaf, occur electronically.
1.6 For the purposes of these Terms and Conditions, (a) “Arrowleaf” means Arrowleaf Real Estate Holdings Ltd., (b) “you” or “your” refers to the individual using the Website, (c) “Arrowleaf Content” means any text, sound, graphics, trade-marks, service marks, logos, taglines, trade names and other material owned by Arrowleaf, or its licensors, and made available through the Website and (d) “including” or “includes” means including without limitation.
2. INTELLECTUAL PROPERTY
2.1 The Website, including all Arrowleaf Content, is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by Arrowleaf. Subject to these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to use the Website, including the Arrowleaf Content and the services accessible through them, solely for informational purposes and such other purposes as expressly set out by the Website.
2.2 Nothing contained on the Website should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, or other names, including those identifying Arrowleaf or its respective products and services displayed on the Website, without the express written consent of Arrowleaf or such third party that may own such trademarks, logos, and other names displayed on the Website.
2.3 No information or material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except for your personal, non-commercial use only, provided you keep intact all copyright and proprietary notices.
2.4 You agree that you do not acquire any ownership rights in any Arrowleaf Content.
2.5 You agree to abide by all copyright notices, information, and restrictions contained in any Arrowleaf Content .
2.6 You retain ownership of all content that you post, upload to, or otherwise share on the Website (“Your Content”). However, by posting, uploading, or sharing Your Content, you grant Arrowleaf a non-exclusive, sub-licensable, royalty-free, worldwide, and perpetual license to use, copy, reproduce, create derivative works from, and display Your Content in connection with the Website.
2.7 Subject to any applicable law (and, in the case of personal information, the requirements of Section 6 (Privacy)), any communications that you send or which are sent to you via the Website, whether solicited by us or otherwise, are on a non-confidential basis, and Arrowleaf is free to use and disclose the content of any such communication for any purpose including developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including copyright, trade-mark, patent, unfair competition, moral rights, or implied contract). If you send any unsolicited idea, suggestion or other material in any format (“Submissions”) to Arrowleaf, you automatically grant to Arrowleaf and its successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of us or our successors or assigns. You waive all author’s moral rights in Your Content and Submissions (including the right to be associated with Your Content or Submissions) upon submission, as well as the right to receive any financial or other consideration in connection with Your Content and Submissions.
3. ACCEPTABLE USE
3.1 You will use the Website, including any Arrowleaf Content, solely for lawful purposes. You agree to abide by all applicable laws in connection with your use of the Website.
3.2 You shall not (a) copy any Arrowleaf Content onto your own or any other website; (b) use the Website, or any Arrowleaf Content, to send spam, chain letters, junk mail, or any other type of unsolicited mass e-mail; (c) use the Website, or any Arrowleaf Content, to distribute viruses or other harmful, disruptive, or destructive files; (d) use or attempt to use another person’s account on the Website; (e) disrupt or interfere with the security of, or otherwise abuse, the Website, or any servers or networks connected to the Website; (f) attempt to obtain unauthorized access to the Website; (g) impersonate another person when using the Website; (h) systematically harvest data from the Website or programmatically register accounts on the Website; (i) access the Website for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes; (j) modify or make derivative works based upon the Website, or any portion thereof; (k) “frame” or “mirror” any Arrowleaf Content on any other server or Internet-based device; (l) reverse engineer or access the Website, including in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics from the Services, or (iii) copy any ideas, features, functions or graphics from the Website; or (m) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website or any part thereof.
4. PRIVACY
4.1 All information that Arrowleaf may collect in connection with your purchase is subject to Arrowleaf’s Privacy Statement, which can be found at Privacy Policy.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
5.1 THE WEBSITE, INCLUDING THE ARROWLEAF CONTENT, IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED TO MEET YOUR SPECIFIC NEEDS. DOCUMENTS PROVIDED ON THE WEBSITE ARE PROVIDED AS A SERVICE ONLY, AND DO NOT CONSTITUTE OFFICIAL VERSIONS OF SUCH DOCUMENTS. THE WEBSITE, INCLUDING ALL ARROWLEAF CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARROWLEAF, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND OTHER REPRESENTATIVES (“REPRESENTATIVES”) EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING (A) REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, (B) WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR SUITABILITY FOR ANY PARTICULAR PURPOSE, (C) THAT THE WEBSITE OR ANY GOODS, SERVICES OR REGISTRATIONS PURCHASED VIA THE WEBSITE, WILL MEET YOUR REQUIREMENTS; AND (D) ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE WEBSITE OR THE ARROWLEAF CONTENT.
5.2 NEITHER ARROWLEAF NOR ITS REPRESENTATIVES MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE WEBSITE, INCLUDING THE CONTENTS OF ANY ARROWLEAF CONTENT, ANY SERVICES PROVIDED THROUGH THE WEBSITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE WEBSITE OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE INTERNET OR THE WEBSITE. NEITHER ARROWLEAF NOR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.
5.3 UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, AND FUNDAMENTAL BREACH, SHALL ARROWLEAF OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, ANY ARROWLEAF CONTENT DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER ARROWLEAF OR ITS REPRESENTATIVES WERE ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ARROWLEAF NOR ITS REPRESENTATIVES SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
5.4 Arrowleaf reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice, but confirms that it has no duty to do so.
6. INDEMNIFICATION
6.1 To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless Arrowleaf and each of its Representatives from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of these Terms and Conditions; or (b) your use of the Website, the Arrowleaf Content, and the placement or transmission of any information or other materials on the Website made by you or others using your account. Arrowleaf reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.
7. TERMINATION
7.1 Arrowleaf may at any time without notice or liability decide to alter, amend, restrict, modify, or terminate the Website or any functionality or portion of the Website, all in its sole discretion, and you understand that there is no guarantee that the Website or any portion or functionality of it will continue to operate or be available for any particular period of time, including removing, adding, modifying, or changing the availability of, restricting access to, or imposing limits on any or all features on, or links to, the Website.
7.2 If you breach any provision of these Terms and Conditions, then you may no longer use the Website and you may have your account cancelled. Arrowleaf, in its discretion, shall determine whether these Terms and Conditions have been violated.
7.3 If you are dissatisfied with the Website or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website. In such an event, you agree to destroy all materials obtained by you on the Website.
7.4 All provisions hereof that by their nature or wording contemplate the taking of action or refraining from certain actions after the termination of these Terms and Conditions shall survive its termination.
8. GOVERNING LAW; FORUM
8.1 Any disputes arising hereunder shall be governed exclusively by the laws of the province of British Columbia and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts in British Columbia in any and all actions, disputes, or controversies relating hereto.
9. GENERAL
9.1 These Terms and Conditions constitute the entire agreement between Arrowleaf and you with respect to your use of the Website.
9.2 No waiver by either Arrowleaf or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these Terms and Conditions will remain in full force and effect.
9.3 No waiver of any provision of these Terms and Conditions shall be effective except pursuant to a written instrument signed by Arrowleaf expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
9.4 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Arrowleaf as a result of these Terms and Conditions and/or your use of the Website.
9.5 You may not assign any right, interest, or benefit provided under these Terms and Conditions without the express prior written consent of Arrowleaf.
9.6 These Terms and Conditions set forth the entire agreement between you and Arrowleaf, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and Arrowleaf with respect to the Website.
10. CONTACT US
10.1 Arrowleaf is located at:
Arrowleaf Real Estate Holdings Ltd.
1540 Kalamalka Lake Road
Vernon, BC V1T 6V2
Arrowleaf can also be reached by e-mail at: info@arrowleaf.com