Terms - Content

This Web Site (the "Site") is an online Real Estate Information service provider owned by PMG Incorporated and heathertilley.com. Your use of the Site is subject to your compliance with the acknowledgements, agreements, covenants, terms and conditions set out below.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE ACKNOWLEDGEMENTS, AGREEMENTS, COVENANTS, TERMS AND CONDITIONS SET OUT BELOW.

IF YOU DO NOT WISH TO BE BOUND BY THE ACKNOWLEDGEMENTS, AGREEMENTS, COVENANTS, TERMS AND CONDITIONS SET OUT BELOW, DO NOT ACCESS NOR USE THE SITE.

PMG Incorporated RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified agreement.

By accessing and using the Site, you hereby agree to be bound by the following acknowledgements, agreements, covenants, terms and conditions:

Use of Materials from the Site:

1. You may print, copy or download portions of the material presented in the different areas of the Site so long as such portions do not represent a substantial percentage of the material presented in any area and provided that such printing, copying or downloading is solely for your own personal, non-commercial use.

2. Should you print, copy or download any portion of the material presented in the different areas of the Site, you covenant and agree not to remove, change or delete any copyright or proprietary notices from the materials so printed, copied or downloaded.

3. You acknowledge and agree that PMG Incorporated retains the exclusive, worldwide, perpetual ownership and license of the web site designs and material presented in the Site and in the different areas of the Site and can sub-license, reproduce, distribute, and sell the materials contained in the Site to the public at its own discretion.

4. By accessing any portion of the Site, you covenant and agree not to distribute, redistribute, sell, gift or otherwise disseminate the design or layout of the Site, individual elements of the Site design or any of the information found herein. Reproduction, in whole or in part, in any form or medium of the Site, its design or layout, or the information contained herein, without the express written permission of PMG Incorporated is prohibited.

5. By accessing any portion of the Site, you acknowledge and agree that any copying, misuse, sale, or other distribution of the design, layout or information contained in the Site will result in damage to PMG Incorporated which cannot be adequately compensated by monetary damages alone. You hereby acknowledge and agree that, in the event of misuse by you of anything to do with the Site, PMG Incorporated is entitled to a court injunction to stop your further such use obtained without notice to you. Nothing contained herein limits or affects in any way the rights of PMG Incorporated to pursue you for monetary damages for such misuse.

Warranties:

1. While PMG Incorporated uses reasonable efforts to include accurate and up-to-date information on the Site, PMG Incorporated makes no representations as to the accuracy, timeliness or completeness of that information and you should not rely upon it. In using this Web Site, you agree that its information and services are provided "as is, as available" without warranty, expressed or implied, and that you use the Site and the information contained within it entirely at your own risk.

2. PMG Incorporated does not warrant the accuracy or completeness of the information and materials on the Site. The materials and information on the Site may be out of date and PMG Incorporated makes no commitment to update the materials and information on the Site.

3. You acknowledge and agree that, to the fullest extent permissible pursuant to applicable law, PMG Incorporated disclaims all warranties, express or implied, including but not limited to implied warranties of marketability, merchantability, accuracy and fitness for a particular purpose.

4. PMG Incorporated does not warrant that the functions, links, information or other items contained in the materials or on the Site will be uninterrupted or error-free, nor do they warrant that any defects will be corrected, whether they are aware of such defects or not, nor that the Site or the server upon which it is made available are free of viruses or other components harmful to you, your computer software or hardware.

5. PMG Incorporated does not warrant nor make any representations regarding the use or the results of the use of the materials and information on this site in terms of their correctness, accuracy, reliability or in any other terms.

Liabilities:

1. You further acknowledge and agree that PMG Incorporated and any other persons who may have been involved in creating, modifying and delivering the Site's contents have no liability to you or anyone else for direct, indirect, incidental, punitive or consequential damages or damages of any kind whatsoever with respect to the information, services, content or advertisements contained on or otherwise accessed through the Site.

2. Under no circumstances including, but not limited to, negligence shall PMG Incorporated be liable for any special or consequential damages that result from the use of or the inability to use the materials and information on this site, even if PMG Incorporated has been advised of the possibility of such damages.

3. If, by the application of applicable law, PMG Incorporated should be held in any way liable for any such damages suffered by you despite the limitations and waivers of liability contained herein, in no event shall the total liability of PMG Incorporated to you for all damages, losses, and causes of action (whether in contract, tort [including but not limited to negligence] or otherwise) exceed the amount paid by you, if any, for accessing the Site.

Links to Other Web Sites:

1. The Site contains "links" to third-party web sites. These links are provided solely as a convenience to you. The linked sites are not under the control of PMG Incorporated is not responsible for the material, information, contents, depictions or other inclusions in any such linked web site.

2. The inclusion of a link to a third-party site does not imply endorsement of the linked site by PMG Incorporated. PMG Incorporated has not reviewed all of the contents of such linked third-party sites and is not responsible or liable for any of such sites of their contents.

3. PMG Incorporated makes no representations or warranties concerning the linked third-party sites nor do they endorse the information, advice, materials or products found there.

4. PMG Incorporated shall not be liable for any damages or costs arising out of or in any way connected to your use of any of the information, material, products, services or companies accessed through the Site or via third party links. If you decide to access any of the linked third-party sites through the Site, YOU DO SO ENTIRELY AT YOUR OWN RISK.

5. All such linked third-party sites are linked to the Site in "as is, as available" condition with no representation made by PMG Incorporated concerning authorization or permission or ability or continued ability to link to these sites.

Jurisdiction and Enforcement:

1. This agreement and terms of use shall be governed and construed according to the laws of the Province of Ontario, Canada. You agree that any legal action or proceeding between the parties of this contract for any purpose concerning this agreement or the relationship between the parties which it creates and represents or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the Province of Ontario. Any cause of action or claim that either party may have against the other with respect to this product or service must be commenced within one (1) year after the claim or cause of action arose or such claim or cause of action is barred as out of time.

2. Any decision by PMG Incorporated not to insist upon or enforce strict performance of any provision of this Agreement shall be without prejudice to PMG Incorporated’s right to enforce the clauses of this Agreement strictly nor shall it be construed as a waiver of any provision or right. Neither the course of conduct of the parties nor trade practice shall act to modify any provision of this Agreement.