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Disclaimer

DISCLAIMER AND TERMS OF USE

Last Updated: March 17, 2008

Please read these Terms and Conditions carefully before using this Site.

This website (this "Site") is provided by Prop2Go ("Prop2Go"), conditional upon your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By accessing, using or downloading messages, information, data, text, software, images or other materials from this Site (the "Content"), or by sending messages, information, data, text, software, images or other materials to this Site ("Materials"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use Content from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with Prop2Go. In case of inconsistency between these Terms and Conditions and any other agreement you may have with Prop2Go, the other agreement shall prevail, but only to the extent of the inconsistency. Please see our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

1. Changes to Terms and Conditions. Prop2Go has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check these Terms and Conditions frequently for updates by checking the date of "Last Updated" at the top of this document. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site or downloading or use of Content from it after any such changes are posted will constitute acceptance of those changes.

2. Changes to this Site. Prop2Go may terminate, change, suspend or discontinue any aspect of this Site, including: (i) changing the availability of any features at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Content on or from this Site; (iv) imposing limits on certain features and Services; or (v) restricting your access to certain parts of the Site or all of this Site without notice or liability for any reason whatsoever. Prop2Go reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.

3. Permitted and Prohibited Uses. This Site may be used only for lawful purposes by individuals seeking property information ("Property Seekers"), and by our registered Members ("Members"). You agree to use the Site only to send Materials and receive Content that is proper and related to the purpose of the Site.

Subject to these Terms and Conditions, Prop2Go grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Content thereon, solely for your own personal or internal company use, provided however, that you may not, nor may you allow others to, directly or indirectly: (i) remove from any copy of the Content downloaded, the copyright or other proprietary notices contained in the Content; (ii) sell, reproduce, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation, use of the Content on any other web site; (iii) transfer the Content to any other person without the written consent of Prop2Go; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable, overburden or impair this Site; (vi) interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any Materials that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site's infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part; (x) use or attempt to use another's account, password, service, system or other information without prior written authorization from Prop2Go; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register; or (xvi) manipulate the price of any item or interfere with other user's listings. You may post certain Materials to the Site.

You may only post Materials for the lawful, stated purposes of this Site. You agree, that in posting Materials, you will not, nor will you allow others to, directly or indirectly: (i) post any incomplete, false, misleading or inaccurate information; (ii) post any franchise, pyramid scheme, multi-level marketing opportunity, club membership, distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, or otherwise requires recruitment of our Members; (iii) delete or revise any Material posted by any other person or entity; (iv) post or transmit any Materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortuous or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; (v) impersonate any person or entity, including without limitation a Prop2Go employee or agent, an authorized user of Prop2Go Services, a Member, or otherwise misrepresenting your affiliation with any person or entity; or (vi) post opinions on the Site.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Materials and Content. Prop2Go will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Prop2Go reserves the right at all times to disclose any Materials provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Materials, in whole or in part, that in Prop2Go’s sole discretion is objectionable or in violation of these Terms and Conditions.

4. Registration and Password. You are responsible for maintaining the confidentiality of your registration information and password. Your responsibility extends to all uses of your account regardless of whether such uses have been authorized by you. You must provide accurate, complete and current registration information and you agree to promptly notify Prop2Go with any changes to such information.

5. Proprietary Rights.
Limited License and Copyright.
This Site, including all Content, information and material available on this Site, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of such Content, information and material. Except as expressly provided herein, Prop2Go does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information and you will have no right to make any commercial use of our Site or service without our prior written consent.

Trademarks.
The trade names, company names and logos used on this Site may be trademarks, including registered trademarks, of Prop2Go. Such trade names, company names and logos of Prop2Go may not be copied, imitated or used, in whole or in part, without the prior written consent of Prop2Go. Other trade names and company names mentioned on this Site may be the trademarks of their respective owners.

Reservation of Rights.
Prop2Go’s services, methods and processes may be covered by one or more patents or other intellectual property rights, and are subject to trade secret and other proprietary rights protection. Prop2Go reserves all such rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that Prop2Go may have in the Site, its content and the goods and services that may be provided.

Software.
Any software, as well any files or images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of Prop2Go or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.

6. Links and Third Party Materials. This Site contains links to other web sites (“Linked Sites”). Prop2Go provides these links as a convenience only. If you decide to leave our Site and access these Linked Sites, you do so at your own risk. Prop2Go is not responsible for the content, accuracy, goods or services available or opinions expressed in such Linked Sites and such Linked Sites are not investigated, monitored or checked for accuracy or completeness by Prop2Go. Links do not imply that Prop2Go sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Prop2Go.

7. Linking Agreement. Prop2Go welcomes links to its Internet web home page. If you want to link to this Site, you may do so, provided you agree to the link conditions (the "Link Conditions") described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:

A link may be established to the following home page (the "Home Page") of this Site: http://www.prop2go.co.uk/ or you may obtain a Prop2Go Search box by filling in the form located at http://www.prop2go.co.uk/. Links may not be established to any other pages on this Site without Prop2Go’s prior written permission.

If you link to this Site, Prop2Go grants you a limited, non-exclusive, non-transferable, royalty-free license to use the Prop2Go trademark and Internet icons, if available, (the "Licensed Marks") solely for the purpose of serving as a link from your web site to this Site. Except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of Prop2Go’s trademarks or service marks (the "Marks") for any reason without Prop2Go’s prior written permission.

You acknowledge that all rights to the Marks, the content appearing on the Prop2Go Website pages (the "Web Pages") and the "look and feel" of the Web Pages belong to Prop2Go. You will not at any time directly or indirectly contest or infringe these rights.

If you link to this Site, your web site:

(a) may not create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;

(b) may not imply that Prop2Go is endorsing you or your products or services;

(c) may not imply an affiliation between your company and Prop2Go without the prior written consent of Prop2Go;

(d) may not misrepresent your relationship with Prop2Go or present false or misleading impressions about Prop2Go’s Services; and

(e) may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups; Prop2Go shall have no responsibility or liability for any content appearing on your web site.

Prop2Go may at any time, in its sole discretion, immediately terminate your license to use the Licensed Marks and your right to link to this Site, with or without cause. If Prop2Go exercises this right, you will immediately remove all links to this Site and cease using the Licensed Marks. Prop2Go may amend these Link Conditions at any time. You agree to abide by these Link Conditions and other legal terms and conditions on this Site, as amended from time to time.

8. DISCLAIMER OF WARRANTIES. PROP2GO IS NOT A REAL ESTATE AGENT NOR A REAL ESTATE AGENCY. WE PROVIDE THIS SITE TO PROPERTY SEEKERS AND TO SUBSCRIBING REAL ESTATE AGENTS, PROPERTY OWNERS, RENTAL AGENTS, AND OTHER THIRD PARTY ADVERTISERS TO DISPLAY PROPERTIES THEY ARE MARKETING. ALL CONTENT, PRODUCTS, OFFERINGS AND SERVICES ON THE SITE, OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY OR ACCURACY AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMITTED BY LAW. PROP2GO DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, STATEMENT, CONTENT, ADVERTISEMENT, SERVICE OR OFFER MADE THROUGH THE SITE OR LINKED SITE BY ANY THIRD PARTY. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY SERVICE, STATEMENT, OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SERVICE, PRODUCT, OR OTHER CONTENT. PROP2GO DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE WITHOUT INTERRUPTION OR THAT IT WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES IT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY LINKED SITE TO OR FROM THE SITE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, RELIABILITY, AVAILABILITY OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE OR TRANSACTION PROVIDED THROUGH PROP2GO OR ANY LINKED SITE.

Without limiting the generality of the foregoing, the information provided on this Site is for general informational purposes only. This Site acts as a venue, among other things, for Members to post property listings and rental opportunities. Prop2Go does not screen or censor the listings offered or the Content posted. Information provided on the Site with a by-line, identification of publication source, or any other sort of third-party identifier is provided by third parties on an "As Is" basis, and Prop2Go does not review it. Prop2Go has no control over the quality, safety or legality of the properties posted, the truth, accuracy or completeness of the listings, the ability of its Members to sell property or fill rental openings. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases may be mislabelled or deceptively labeled. Prop2Go does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content. Because user authentication on the Internet is difficult, Prop2Go cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on this Site, in the event that you have a dispute with one or more users, you release Prop2Go (and our directors, officers, agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In addition, there may be risks, including but not limited to risk of physical harm of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Site.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

9. Limitation of Liability. BY ACCESSING AND USING PROP2GO, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SERVICES SOLELY AT YOUR OWN RISK AND THAT IN NO CIRCUMSTANCES WILL PROP2GO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, ASSIGNS OR ANY THIRD PARTY OR OTHER PARTY INVOLVED IN THE CREATION AND ONGOING MAINTENANCE OF PROP2GO WILL BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LEGAL FEES, DAMAGES FOR HARM TO BUSINESS, LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF INFORMATION OR PROGRAMS OR DATA, OR OTHER INTANGIBLE LOSS), WHICH ARISE EITHER DIRECTLY OR INDIRECTLY FROM OR OUT OF (I) THE USE OR INABILITY TO USE THIS SITE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO OR THROUGH THIS SITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS, MATERIALS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR LINKED SITE, (V) ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT ; (VI RELIANCE ON INFORMATION, CONTENT OR SERVICE OBTAINED THROUGH THE SITE OR A LINKED SITE; OR (VII) ANY OTHER MATTER RELATING TO THE SERVICES PROVIDED BY THE SITE, REGARDLESS OF WHETHER OR NOT ANY SUCH LOSSES OR DAMAGES ARISE IN CONNECTION WITH CLAIMS BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR EQUITY AND REGARDLESS OF WHETHER ANY SUCH LOSSES OR DAMAGES ARE CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OF PROP2GO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, ASSIGNS, CONSULTANTS OR ANY THIRD OR OTHER PARTY INVOLVED IN THE CREATION AND ONGOING MAINTENANCE OF POPRO2GO, EVEN IF PROP2GO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROP2GO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, ASSIGNS, CONSULTANTS OR ANY THIRD OR OTHER PARTIES INVOLVED IN THE CREATION AND ONGOING MAINTENANCE OF PROP2GO SHALL IN NO CIRCUMSTANCES BE LIABLE FOR ANY CLAIMS, DAMAGES OR LOSSES, ARISING AS A RESULT OF OR RELATED TO ANY LOSS OR DAMAGE TO DATA, HARDWARE OR SOFTWARE ASSOCIATED WITH THE USE OF PROP2GO IN ANY MANNER, ANY CLAIMS ARISING OUT OF OR RELATED TO DELAY OR INABILITY TO USE OR ACCESS PROP2GO OR ANY LINKS OR CONNECTIONS AVAILABLE THROUGH PROP2GO, ANY LOSS OR DAMAGE CAUSED BY TRANSMISSION, DEFECTS, VIRUS, WORMS OR BUGS, OR ANY DAMAGE OF LOSS SUSTAINED AS A RESULT OF THE DOWNLOADING OF ANY TEXT, DATA, PERSONAL OR OTHER INFORMATION OR ANY OTHER MATERIAL FROM PROP2GO.

IF ANY EXCLUSION OR LIMITATION ON LIABILITY DOES NOT APPLY TO YOU OR IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, PROP2GO’S MAXIMUM LIABILITY TO YOU IN THE AGGREGATE SHALL BE ONE HUNDRED ($100) CANADIAN DOLLARS.

10. Indemnity. BY ACCESSING AND USING PROP2GO, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROP2GO, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, PARTNERS, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR ANY THIRD PARTY OR OTHER PARTY INVOLVED IN THE CREATION AND ONGOING MAINTENANCE OF POP2GO, FROM AND AGAINST ANY AND ALL LIABILITY, LOSSES, CLAIMS, ACTIONS, DEMANDS AND/OR PROCEEDINGS (AND ALL DAMAGES, EXPENSES, COSTS, LEGAL FEES AND ACCOUNTING FEES ASSOCIATED THEREWITH), WHICH ARISE IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES AND/OR YOUR BREACH OF THE TERMS AND CONDITIONS OR ANY OTHER VIOLATION OF THE RIGHTS OF ANOTHER PERSON OR PARTY.

11. Choice of Law. By accessing and using Prop2Go, you agree and accept that any Services and the Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of New Brunswick and the federal laws of Canada, without reference to the principles of the conflicts of law. By using Prop2Go, you submit to the exclusive jurisdiction of the Courts of the Province of New Brunswick, Canada as the proper and most convenient forum for the final determination of any matters in dispute and waive any objections based on venue in any such claim, action and/or proceeding. The parties acknowledge and agree that the United Nations Convention on Contracts for the International Sale of Goods and the New Brunswick International Sale of Goods Act does not apply to these Terms and Conditions.

12. Fees and Services. Viewing listed properties is free. We do charge fees for using other services, such as listing properties and posting advertisements. When you list a property or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule (“Rates”), which we may change from time to time, in our sole discretion. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with the use of the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

13. General. (i) Except as expressly provided in additional terms of use for specific areas of the Site, a particular legal notice, or an additional Agreement, these Terms and Conditions constitute the entire agreement between Prop2Go and you with respect to the subject matter hereof; (ii) Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises; (iii) If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect; (iv) The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party; (v) The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default; (vi) No changes to these Terms and Conditions shall be made except by a revised posting on this page; (vii) You acknowledge that any breach by you of the Terms and Conditions will cause irreparable harm to Prop2Go or others and that a remedy at law will not be adequate. Therefore, in addition to any and all other legal or equitable remedies, Prop2Go will be entitled to injunctive relief for any breach of this Agreement, without the necessity of proving irreparable harm.