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Terms And Conditions Agreement

These Terms of Service apply to the services offered by alouer.ca websites and any other websites owned by alouer.ca, and related mobile applications, as well as any publicly available versions that may be offered through a distribution partner (collectively the “Site”). You may have arrived at a version of the Site from a distribution partner’s website. Any individual who visits, views, accesses or uses any version of the Site, including through a bot or other automated means, (“You” or “User”) is bound by these Terms of Service. By using the Site, You represent and warrant that You are at least eighteen (18) years of age and You hereby agree to be bound by all of the following provisions of these Terms of Service, which form a legally binding contract between You and Alouer.ca. You further represent and warrant that You are not a competitor of alouer.ca or any of its affiliates. If You do not agree to these Terms of Service, You are prohibited from accessing the Site and must immediately discontinue such access.

By accessing the Site, You consent to the collection and use of certain information, as specified in the Privacy Statement.

The Site is an online advertising and information service for apartment seekers, dwellers, landlords, agents, and property managers (the “Listing Service”). Alouer.ca does not broker, lease, or sublease apartments directly and is not a party to any transaction between landlords (including, as applicable, property management companies, real estate agents, and/or property managers) and renters. As a result, alouer.ca does not (a) guarantee or ensure any apartment or any transaction between a renter and landlord, (b) collect or process payment or execute any lease or sublease documentation on behalf of renters or landlords, or (c) broker, lease, or sublease or offer to broker, lease or sublease, or own any apartments. You are strongly encouraged to personally inspect any apartment advertised alouer.ca prior to signing any lease documentation; providing personal information such as a social insurance number on a lease application; or wiring or otherwise sending money for any deposit, rent payment or application fee. By using the Site, You acknowledge that published properties and availabilities are subject to change at the sole discretion of the property owner or manager at any time and without further notice.

Site Materials

All information and content available on this Site (collectively, “Materials”) is protected by copyright and other intellectual property laws. The Materials are owned by alouer.ca and its affiliates, and/or their respective licensors and suppliers (collectively, “Licensors”). Materials are intended for personal and noncommercial use only. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, combine, create a derivative work from, re-post or otherwise use any portion of the Materials in any other way or for any other purpose without the prior written consent of Alouer.ca. Requests regarding use of the Materials for any purpose other than personal, noncommercial use should be directed to [email protected].

Third-Party Sites

During the course of your visit to the Site, You may be taken to third-party websites to fulfill certain site features and functionality (e.g., if You choose to view community information or check availability of a certain apartment unit). You agree that when visiting third-party websites, You are subject to the privacy policy and terms of service, if any, of that third-party website, which may differ from those of Alouer.ca. By selecting links to such third-party websites, You agree that You will be leaving the Site and that alouer.ca and its affiliates have no responsibility or liability whatsoever in connection with your use or your exchange of any information with such third-party websites. alouer.ca and its affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites.

Claims of Copyright Infringement

Alouer.ca and its affiliates respect the intellectual property rights of others and ask those posting or transmitting any Content to or through the Site to do the same. If You believe that your work has been copied and/or infringed on this Site, You may notify us at [email protected]. Include all the related infringements.

  • A description of the copyrighted work that you claim has been infringed;
  • Identification of the material You claim is infringing, including a description of where such material is located;
  • Your address, telephone number, and e-mail address;
  • A signed statement that the information in your notice is accurate, that You have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law, and under penalty of perjury, that You are the copyright owner or are authorized to act on the copyright owner’s behalf.

Trademarks

You acknowledge that the Materials includes certain trademarks, service marks, and other indicia of source (together “Marks”) that are owned by Alouer.ca, its affiliates, Licensors and others. You agree not to copy, use, infringe or dilute the Marks. You further agree that You will not alter or remove any Mark, copyright notice or other notice from the Materials or any copy thereof. The alouer.ca name and corresponding logos are trademarks of Alouer.ca. Other product and company names herein may be trademarks of their respective owners.

Software

All software contained in this Site (“Software”), is owned by Alouer.ca, its affiliates and/or Licensors and is protected by copyright and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible. The use of the Google Maps service is also governed by the Google Maps/Google Earth Terms of Service located at https://www.google.com/intl/en-US_US/help/terms_maps.html.

Linking

If You operate a website and wish to link to the Site, You must link to the Site’s home page (i.e., www.alouer.ca), and/or You may also link to other pages found on the Site given that no manipulation to the canonical URL has occurred specifically, but not limited to, the addition or removal of any unique values, parameters or subfolders needed to render a page on the Site. alouer.ca reserves the right to disavow, reject or terminate any links to the Materials or the Site.

Your Account

To protect the account information of our members, where applicable, alouer.ca assigns to each member either a unique user name or password or a unique ad ID number. These unique identifiers are disclosed to the User via email promptly upon becoming a member of the Site. Only members have the ability to modify their personal information and delete their ads as needed.

If You become a member of the Site, You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to and accept sole responsibility for any and all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security, of which you become aware. However, You may be held liable for losses incurred by us or any other user of, or visitor to, the Site due to someone else using your account or password. Please see our Privacy Policy for further information regarding your account or password.

If You enter login or use your password information during your use of the Site, You represent that You are the person to whom alouer.ca issued the login and password information, and You acknowledge that Your access to the Site is conditioned on this representation. You are prohibited from using a login or password of another person to access the Site.

User Content

By submitting ads, photos, descriptions, data, or other information (“Content”) to the Site in connection with a listing, You hereby grant to Alouer.ca, its affiliates, and its parent and related companies a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit all such Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant to Alouer.ca, and its affiliates, a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Content. This Site may offer opportunities for Users 18 years of age and older to submit Content that express their opinions and share their ideas, for example in a consumer blogging format (“Opinion Content”), alouer.ca and its affiliates do not endorse the accuracy or reliability of any Opinion Content. If You decide to submit Opinion Content, please use your best judgment and be respectful of other individuals. By posting or submitting Opinion Content, You agree to abide by these Terms of Service. You may not use the Site to engage in any Prohibited Activities (as defined below). Uploading copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.

Use of Communications Services

We may provide a variety of services on the Site through which You can directly interact with others, such as email services, blogging services, chat rooms, communications tools, forums and other public posting areas (“Communications Services”). (For purposes of these Terms of Service, all references to the Site generally include all Communication Services available through the Site.) We cannot and do not review every posting made in these Communications Services. You may well read any given posting before alouer.ca does. You can expect these Communications Services to include information and opinions from a variety of individuals and organizations other than Alouer.ca. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest or from a member of our staff, and we are not responsible or liable for and do not assume any responsibility in respect of, the views and opinions expressed. We encourage an open exchange of information and Content, but we want everyone to be able to enjoy these Communications Services.

We do not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of the Site and any Communication Services (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce these Terms of Service or to protect the rights, property or safety of visitors to the Site and/or users of any Communications Services, our customers, the public and our owners, affiliates, licensors or licensees. We reserve the right (but assume no obligation) to review the Content of the Site, including blogs, message boards, chat rooms, listings, forums and other Content posted to the Site or via any Communications Services to determine compliance with these Terms and Conditions and any other rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post and/or edit any messages, listings, postings or other Content that we consider unacceptable or inappropriate, whether for legal or other reasons.

Alouer.ca’s Rights

Given the nature of the Site and the volume of messages and postings, except as otherwise provided in these Terms of Service or other applicable terms, alouer.ca cannot and does not monitor all of the Content posted or transmitted by You and other third-party information providers. alouer.ca reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Content without notice, at any time for any reason. By using the Site, You expressly agree that alouer.ca (a) will not be liable for any claims, actions or judgments arising out of or related to any Content and (b) may monitor, refuse to publish, remove, delete, move or edit any Content without notice at any time for any reason, without liability and without providing a refund. You further expressly agree that You are solely responsible for any and all Content You submit to the Site.

Unsolicited Content

Alouer.ca does not accept unsolicited content or ideas for use or publication in its programming or in other digital, electronic or print media. alouer.ca and its affiliates shall not be responsible for the similarity of any of its content or programming in any media to Content or ideas transmitted to the Site.

Representations / Indemnity

You hereby represent, warrant and agree that (a) You have all necessary authority, rights and permissions to submit the Content to the Site, (b) the Content does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or any other intellectual property or other right of any third party, including any rights of privacy or publicity, (c) the Content and Your use of the Site does not and will not violate any applicable federal, provincial, or local law or regulation including, but not limited to, any fair housing laws or regulations or applicable real estate licensure or brokerage regulations, or cause injury to any person, (d) the Content is complete, truthful, accurate and not misleading, (e) the Content has not been submitted in order to mislead, deceive or defraud or seek to mislead, deceive or defraud any other User of the Site, and (f) You will not mislead, deceive, defraud, seek to mislead, deceive or defraud, make any misrepresentations to, or seek to make misrepresentations to, any other User of the Site. You acknowledge that these representations concern facts that are material to Alouer.ca. You agree to release, defend, indemnify and hold Alouer.ca, its affiliates, licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys’ fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Content You provide, (ii) your use of the Site or any reliance on the Materials, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale, lease or other transaction between You and a third party.

Prohibited Activities

You shall not:

  • submit Content that is patently offensive to the online community, such as content that reflects or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • engage in activity or submit Content that could be harmful to minors;
  • engage in activity or submit Content that harasses or advocates harassment of another person;
  • engage in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to others;
  • engage in activity, submit Content, or promote information, that is fraudulent, false, misleading, inaccurate and/or constitutes a misrepresentation, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • submit Content that contains restricted or password-only access pages, or hidden pages or images;
  • submit Content that displays pornographic or sexually explicit material of any kind;
  • submit Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • engage in activities or submit Content that solicits passwords or personally identifiable information from others for unlawful purposes;
  • engage in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes;
  • use the Site’s lead forms and/or phone numbers to advertise or promote products and services to alouer.ca advertisers or to solicit alouer.ca advertisers in any manner;
  • use any robot, spider or another automatic device, or a manual process, to access, monitor or copy web pages or the Materials contained in the Site or for any other unauthorized purpose;
  • use any device, software or routine to interfere or attempt to interfere with the proper working of the Site;
  • decompile, reverse engineer, disassemble or otherwise attempt to obtain the source code for the Software;
  • take any action that imposes an unreasonable or disproportionately large load on alouer.ca’s hardware and software infrastructure or otherwise interferes with the system’s operation;
  • defeat or circumvent or attempt to defeat or circumvent the Site password login or other security features of the Site; or
  • use the login or password of another person to access the Site.

Data Security

We have in place reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are made to ensure the confidentiality of your private and personal information available as a result of your use of the Site, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet.

Compliance with Fair Housing Laws

All Content is subject to federal and provincial fair housing laws, which make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, and/or familial status. Your province’s jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria. If You have any question about the fair housing laws and housing discrimination in general, please call your local fair housing agency, for the province of Quebec you can contact the Régie du Logement – Gouvernement du Québec at www.rdl.gouv.qc.ca

Alouer.ca’s Remedies

You acknowledge that any breach of these binding Terms of Service, including without limitation the restrictions on competitor access and the sections “Site Material,” “Representations/Indemnity,” and “Prohibited Activities,” or any unauthorized use of the Site, is a material breach of the Agreement and will cause irreparable harm and injury to Alouer.ca, for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, You agree that in the event of such breach alouer.ca shall be entitled to injunctive or other equitable relief, whether or not liquidated damages are available without the requirement that alouer.ca post a bond.

Material breach of these binding Terms of Service harms the integrity, functionality, and reputation of Alouer.ca; detracts from Users’ trust in and use of the Site; and damages the business of Alouer.ca. Accordingly, You acknowledge and agree that alouer.ca incurs actual damages, which are extremely difficult or impossible to quantify, as a result of material breach of these binding Terms of Service. For the avoidance of doubt, such damages would not constitute an adequate remedy at law or in any way affect your agreement that alouer.ca would be entitled to injunctive or other equitable relief in the event of such breach.

Warranty Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. ALOUER.CA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND ALOUER.CA, ITS AFFILIATES, AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALOUER.CA AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE RENTER OF ANY APARTMENT AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE APARTMENT; AS TO THE ADVERTISED AVAILABILITIES, RENT, LEASE TERMS, SECURITY DEPOSIT, OR APPLICATION FEES, IF ANY; OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A PROPERTY APPEARING ON THE SITE. ALOUER.CA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. ALOUER.CA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL PROPERTIES ARE SUBJECT TO PRIOR LEASE. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A PROPERTY MUST BE ADDRESSED WITH THE LANDLORD, AGENT, AND/OR PROPERTY MANAGEMENT COMPANY PRIOR TO LEASING OF THE APARTMENT. ALOUER.CA DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL LEASE OR SELL YOUR PROPERTY, OBTAIN AN ACCEPTABLE RENT FOR YOUR PROPERTY, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED RENTERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR PROPERTY FOR RENT. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU.

Limitation of Liability

ALOUER.CA, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (THE “SERVICE”), INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF ALOUER.CA, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO ALOUER.CA. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ALOUER.CA AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALOUER.CA CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU.

Termination of Service

You understand and agree that it’s alouer.ca’s sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and alouer.ca may exercise any other remedy available and remove any Content if it believes that your use of the Site and/or any Content You provide (a) violates (i) these Terms of Service, (ii) the rights of alouer.ca, its affiliates, a Licensor, or another User, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent or unlawful activity of any nature. You agree that monetary damages may not provide a sufficient remedy to alouer.ca for violations of these Terms of Service, and You consent to injunctive or other equitable relief for such violations without the requirement that alouer.ca post a bond. alouer.ca is not required to provide any refund to You if your use is terminated as a result of alouer.ca’s determination, in its sole discretion, that You have violated these Terms of Service.

Waiver

You understand and agree that any individual or entity that violates any term of these Terms of Service is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any similar or related provision in any contract, including terms and conditions, terms of use and terms of service, asserted by such individual, entity or any affiliate thereof, as binding upon alouer.ca or any of its affiliates.

Miscellaneous

These Terms of Service may be changed at any time and You will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. alouer.ca may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

alouer.ca and its parent company are headquartered in Montreal, Quebec. These Terms of Service will be governed by and construed in accordance with the laws of the province of Quebec, with regard to its conflicts of law provisions. You hereby agree that any cause of action You may have with respect to the Site must be exclusively filed in the provincial courts of Quebec, within one (1) year after the cause of action arises or the cause is barred. As a condition of using this Site, You agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect.

Failure by alouer.ca to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. These Terms of Service and any other terms and conditions or policies applying to Your use of the Site, constitute the entire agreement between the parties regarding the subject matter hereof. Nothing contained herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. Notwithstanding anything to the contrary herein, if You and alouer.ca have entered into a separate written alouer.ca advertising contract, the terms and conditions of such contract shall control with respect to any term that is inconsistent with these Terms of Service. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE IMMEDIATELY.

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Last updated: January 10, 2020