Terms of Service
Welcome to Point2 Homes! This User Agreement (the "Agreement") describes the terms on which Point2 Technologies Inc. ("Point2") offers you an account on the Point2 Homes web site. BY CONTINUED USE OF THIS WEB SITE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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Amendment.
Point2 may amend this Agreement at any time by informing you of the amended terms via email to your email address. Such amendments will be effective when Point2 emails a notice of the revisions to you. Alternatively or additionally, Point2 may display amended terms to you when you log in to the site, in which case such terms shall be effective when posted by Point2.
In addition, Point2 may offer you additional rights or services via addenda to this Agreement, which shall amend this Agreement if you choose to click through such terms.
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Submission of Content.
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License.
By submitting content to Point2, you grant to Point2 a royalty-free, perpetual license to (a) display your content online and offline and permit others (including without limitation., syndication, co-brand and content partners) to do the same.
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Standards.
You agree not to use Point2 Homes to: (a) upload, post, email, or otherwise transmit any Content that is personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements; (e) upload, post, email or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt Point2 or servers or networks connected to Point2, or disobey any requirements, procedures, policies or regulations of networks connected to Point2; (i) intentionally or unintentionally violate any applicable local, state, national or international law; (j) "stalk" or otherwise harass another; (k) write comments that in refer to person(s) under 18 years of age in an indecent or prurient manner; or (l) collect or store personal data about other users.
Point2 and its designees may refuse or remove any Content that is available via Point2.
You acknowledge and agree that Point2 may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Point2, its users and the public.
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Your Registration Obligations. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
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Privacy. Because your privacy is very important to Point2, the site offers you a number of choices to facilitate decisions about how you'd like Point2 to use and disclose your personal information. By accepting this Agreement, you expressly consent to Point2' disclosure and use of your personal information (including using email to communicate with you) as described in the then-current Privacy Statement, which is incorporated herein by reference.
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Indemnity. You agree to indemnify and hold Point2, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through Point2, your use of Point2, your connection to Point2, your violation of the Terms of Service, or your violation of any rights of another.
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Termination. You agree that Point2, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Point2, and remove and discard any Content within the Point2 for any reason.
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Dealings with Advertisers or Partners. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through Point2, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that Point2 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on Point2.
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Liability. IN NO EVENT SHALL Point2 OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE Point2 SITE, ITS SERVICES OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL Point2 OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $500. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
Use of the Service beyond the scope of authorized access granted to you by Point2 immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of Point2 Homes for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Point2.
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Governing Law and Arbitration. This Agreement is governed in all respects by the laws of the Province of Saskatchewan, Canada.
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General. You shall comply with all laws and regulations applicable to your access and use of the site and your publication of your Content. If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect. Point2' failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. Point2 shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. Point2 may change, remove, or require registration or payment to continue use of, any aspect of the site and service at any time without further notice to you. Point2' suppliers and co-brand partners are third-party beneficiaries of this Agreement. Except as provided in Section 1, this Agreement may be amended only by a writing physically signed by both Point2 and you.