Terms and conditions

TERMS AND CONDITIONS OF USE

1. Acceptance of the Terms and Conditions of Use‍

These terms and conditions of use for PropertyCast.io (the “Platform”) constitute a legal agreement and are entered into by and between you (“User,” “you,” “your”) and CAPCALC INC. ("Company," "we," "us," "our"). The following terms and conditions (these "Terms"), govern your access to and use of, including any content, functionality, and services offered on or through the Platform.

By using the Platform, you accept and agree to be bound and comply with these Terms  and our Privacy Policy which is made available to you and incorporated herein by reference. You further represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform. 

2. Modifications to the Terms and Conditions and to the Platform 

We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use shall be your acceptance.

The information and material on the Platform may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to any User or unavailable at any time or for any period.

3. Limited License

Subject to your strict compliance with these Terms and the prompt payment of any fees requested upon download and/or by subscription to the Platform (the “Fees”), we hereby grant you a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Platform as we may supply or make available to from time to time. We reserve the right at any time and from time to time, to disable or terminate this license, your account, your access, your subscription, and/or any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason. Upon any such termination by us, all rights, licenses, consents and authorizations granted to you hereunder will immediately terminate and you agree to cease all use of the Platform.

4. Your Use of the Platform and User Submissions

You may only use the Platform for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, in any form or medium whatsoever except: (i) your computer or mobile device may temporarily store copies of materials being accessed and viewed; and (ii) a reasonable number of copies of materials may be printed for personal use only in accordance with the limited license granted to you in section (2), provided any proprietary notices remain intact. You are not permitted to modify copies of any materials from the Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.

As a condition of your access and use of the Platform, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. You are prohibited from attempting to circumvent and from violating the security of this Platform, or otherwise attempting to interfere with the proper working of the Platform.

Your provision of registration information and any and all submissions, content, material, and information you submit, post, publish, display, or transmit (collectively, “submit”) on, to, or through the Platform (collectively, “User Submissions”) through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, or other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we may take with respect to such User Submissions consistent with our Privacy Policy.  It is a condition of your use of the Platform, and you represent and warrant, that any and all User Submissions you submit shall (i) be correct, current, and complete; (ii) comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service, and these Terms; and (iii) not include or contain any material is objectionable, as determined by the Company in our sole discretion. 

None of the User Submissions you submit to the Platform will be subject to any confidentiality by the Company. By providing any User Submission to the Platform, you grant us and our licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our licensees, successors, and assigns to the User Submissions. 

You understand and agree that you are fully responsible for any User Submissions you submit, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Platform. 

5. Intellectual Property Rights and Ownership

Subject to the limited license granted to you in section (2), you understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. © 2023. CAPCALC INC. All rights reserved.

Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action. You have no right, title, or interest in or to the Platform or to any content on the Platform, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

6. Site Monitoring and Enforcement

The Company has the right, without provision of notice to:

• Remove or refuse to post on the Platform any User Submissions for any or no reason in our sole discretion;
• At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion;
• Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform; and
• Terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of these Terms and Conditions.

You hereby waive, release and hold harmless the Company and its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors (collectively the “Company Group”) from any and all claims resulting from any action taken by any of the Company Group relating to any, investigations by either the Company or by law enforcement authorities.

We have no obligation, nor any responsibility to any party to monitor the Platform or its use, and do not and cannot undertake to review material that you or other users submit to the Platform. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws. 

7. Third-Party Platforms 

For your convenience, the Platform may provide links or pointers to third party locations. We make no representations about any other content that may be accessed from the Platform. If you choose to access any such content, you do so at your own risk. We have no control over the content of any such third-party content and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms of use for such third-party sites. All statements and/or opinions expressed in any such third-party content are solely the opinions and the responsibility of such third-party person or entity. Any third-party materials that are embedded within or accessible through the Platform shall be accessed by the User through and in accordance with the restrictions applicable to any third-party licenses. 

8. No Reliance 

The Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content of the Platform. We make no representations, warranties, or guarantees, whether express or implied, that the content on the Platform is accurate, complete, or up to date.

Users are responsible for all information that they submit to us, which we will rely on as correct, current and complete. Users have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Submissions and we will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.

9. Geographic Restrictions

The owner of the Platform is based in the Province of Ontario, Canada. This Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Ontario, Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

10. Disclaimer of Warranties

You understand and agree that your use of the Platform , its content, and any services or items found or attained through the Platform is at your own risk. The Platform , its content, and any services or items found or attained through the Platform  are provided on an "as is" and "as available" basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

No member of the Company Group makes any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Platform or its contents. Without limiting the foregoing, the Company Group does not represent or warrant that the Platform, its content, or any services or items found or attained through the Platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Platform or the server that makes it available are free of viruses or other harmful components. We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Platform  will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Platform and your computer, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or any services or items found or attained through the Platform or to your downloading of any material posted on it, or on any Platform  linked to it.

11. Limitation on Liability

Under no circumstance will any of the Company Group be liable for indirect, special, incidental, consequential, or punitive damages, including, but not limited to, damages for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort, breach of contract, breach of privacy, or otherwise, arising out of or in connection with your use, or inability to use, or reliance on, the Platform, any Platform content, materials, posting, or information thereon, or any linked platforms or such other third-party platforms. Without limiting the forgoing, under no circumstance will the Company Group be liable for any claim, damages or loss in connection with the Platform in any amount that is greater than the aggregate amounts that may be paid by you for access to the Platform in the six (6) months preceding any such claim. By accessing or using the Platform, you acknowledge that you are voluntarily giving up substantial legal rights (on your behalf and behalf of your heirs, executors, administrators and next of kin), including the right to sue the Company Group.

12. Governing Law and Choice of Forum

The Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.  

Any action or proceeding arising out of or relating to this Platform and under these Terms and Conditions will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

13. General

No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. If any term or provision (or part thereof) of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. These Terms shall not constitute or be considered to create a partnership, joint venture, agency or employer/employee relationship or any relationship of exclusivity between the Company or any User. The Terms and our Privacy Policy together with any other policies provided by the Company in connection with the Platform (as each may be updated or amended from time to time in accordance with their terms) constitute the sole and entire agreement between Users and the Company regarding the subject matter herein.

PRIVACY POLICY

CAPCALC INC. ("Company," "we," "us," "our") and our team respect your privacy and are committed to protecting your privacy in accordance with this “Privacy Policy.” For clarity and consistency, any terms not defined herein have the meaning given to them in our Terms and Conditions of Use. 

This Privacy Policy explains our treatment of certain information collected in connection with our Platform. This Privacy Policy also explains how you can ask us questions and make suggestions about our privacy practices and review and update such information.

We urge you to read this Privacy Policy carefully and to check back periodically as it may change from time to time. Please note that this Privacy Policy does not apply to the practices of companies or websites which are not owned or controlled by Company.

1. Personal Information Collected

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When you access or use the Platform or provide User Submissions, we may collect information that can be used to directly or indirectly identify you, such as your name, mailing address, e-mail address, telephone number, Internet protocol (IP) address, username, billing information, account information, and information used to contact you ("Personal Information"). 

Personal Information may also include copies and records of your correspondence (including email addresses and phone numbers used) if you contact us.

In addition to Personal Information, we may also collect:

• Non-personal information that does not directly or indirectly reveal your identity, such as demographic information, or statistical or aggregated information. We may derive non-personal statistical or aggregated data from Personal Information; 
• Technical information including your browser type and version, time zone settings, operating system, information about your internet connection, the equipment you use to access the Platform, and usage details; and
• We may also collect technical information related to your interactions with the Platform including clickstream to, through and from our Platform, products you view or search for, response times, download errors, length of visits to certain pages, and page interaction information.

We may collect Personal Information and non-personal information in the following ways:

• Through direct interactions with us (such as creating an account, filling in forms, or corresponding with us by phone, email, or other means);
• if submitted or provided to any of our service agents;
• through User Submissions on the Platform; or
• through third-party or automated technologies, such as cookies. 

Any User Submissions you submit or transmit to others on or through the Platform are at your own risk. We cannot control the actions of other users of the Platform who may view or access your User Submissions. Therefore, we cannot and do not guarantee that unauthorized persons will not view, store, or make copies of your User Submissions, including any Personal Information that may be contained therein.

2. Consent to Collection, Use and Disclosure

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By accessing or using the Platform or receiving services from Company, you are providing your consent for us and our approved third-party agents to collect, use and disclose Personal Information in accordance with this Privacy Policy and applicable laws. You may withdraw your consent at any time, subject to applicable laws. 

3. Use of Information

We may use your Personal Information:

1. To present our Platform and its contents to you, and to provide you other services and information related to the Platform or that you have requested from us;

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2. To fulfill the purposes for which you provided the Personal Information or that were described when the Personal Information was collected;

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3. to contact you about changes, enhancements or similar notices related to the Platform or other services and information that we feel may be of interest to you;

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4. to carry out our obligations and enforce our rights arising from any contracts with you, including the Terms and Conditions of Use or for billing and collection; 

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5. for the purposes of assisting in the investigation of a contravention of a federal, provincial, or foreign law or in order to protect or defend a legal interest, if Company has reasonable grounds to believe the information could be useful for such purposes;

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6. in the context of performing or amending our agreements with you and in correspondence between you and Company;

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7. to generally enhance your experience with the Platform, its content, and other related services;

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8. for research and statistical reporting purposes, provided that if any reports or other related work product are made public this applies only to Personal Information that has been anonymized so as not to include any identifiable features of a particular user; 

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9. to investigate and prevent errors, defects, performance and security issues; and

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10. for other such purposes to which you consent, or as may be required by applicable law.

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4. Disclosure of Personal Information

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We may share Personal Information internally within Company or with Company’s affiliates and their respective personnel. Other than these internal disclosures, we will only disclose your Personal Information to third parties:

1. where you have given your express or implied consent to disclose the Personal Information for a designated purpose;

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2. where the third parties are acting on our behalf as our agents, suppliers, or service companies, to enable us to more efficiently and effectively provide services, including the Platform;

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3. to facilitate the provision of the Platform;

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4. for purposes required by law, including by an order of any court, institution or body with jurisdiction or authority to compel the production of information, or in order to protect or defend a legal interest, including a legal interest of the Company or other users; and

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5. in connection with a sale or restructuring of the Company. 

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Without limiting the forgoing, the Company may disclose your Personal Information to banks and other financial institutions (including mortgage lenders and brokers) so that such third parties may market or advertise their products and services to you, and the Company may receive payment from such third parties in consideration of such disclosure.  In particular, the company may disclose full name, email and data collected in the system.

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5. Links to Other Sites and Advertisements

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The Platform may contain links to other third-party websites and services.  Third parties who provide content or applications to the Platform may also use automated technology such as cookies to collect information about you when you use our Platform.  While we try to link only to websites and services that share our high standards and respect for privacy, please understand that we are not responsible for (and this Privacy Policy does not apply to) the content of, or the privacy practices employed by, other companies or websites.  We do not and cannot control the use of tracking technologies by these third parties.  

6. Security

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The security of your Personal Information is important to us. Company takes technical, contractual, administrative, and physical security steps to protect this information.

Company will keep and store your Personal Information for a period of time that is necessary to fulfill its purposes for which it is collected, except as required or permitted by applicable law.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through the Platform or other electronic means. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any Platform privacy settings or security measures.

You can help protect the security of your Personal Information as well. For instance, never give out your password, since this is what is used to access your account or registration information. Also remember to log out of your account and close your browser window when you finish using the Platform and the internet so that other people using the same computer will not have access.

7. Data Retention 

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Except as otherwise permitted or required by applicable law or regulation, we will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize or aggregate your Personal Information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

8. Changes to this Privacy Policy

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We may from time to time change our Privacy Policy in our sole discretion. Changes will be effective when a new version is made available through the Platform. If you continue to receive the use or access the Platform after the changes have been posted, you are accepting these changes. It is your responsibility to read and understand the terms of this Privacy Policy and any changes made. If you do not agree to this Privacy Policy or any changes, it is your responsibility to stop using the Platform and any related service. 

This Privacy Policy was last updated Dec 18 2023

9. Accessing and Changing Account/Registration Information

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It is important that the Personal Information we hold about you is accurate and current.  Please keep us informed if your Personal Information changes.  By law, you have the right to request access to and to correct the Personal Information that we hold about you.

If you want to review, verify, correct, or withdraw consent to the use of your Personal Information you may send us an email at jordan@propertycast.io to request access to, correct, or delete any Personal Information that you have provided. Under most circumstances, we cannot delete your Personal Information except by also deleting your user account. Some Personal Information that was anonymized to protect your privacy may not be accessible. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your Personal Information, however, we will notify you of any fee in advance.

We may request specific information form you to help us confirm your identity and your right to access, and to provide you with the Personal Information that we hold about you or make your requested changes.

Personal Information provided by you in any User Submission may remain viewable in cached and archived pages or might have been copied or stored by other Platform users, even if deleted by you or us from the Platform.  

If you are unsure whether we have a record containing any of your Personal Information and would like to confirm whether or not we do, or if you would like to withdraw your consent to the use of any Personal Information as described in this Privacy Policy, or if you have any comments or suggestions, please send an e-mail to our privacy manager at jordan@propertycast.io