Last Updated: September 4, 2015
THE FOLLOWING DESCRIBES THE TERMS ON WHICH K.R. Evans 2 DESIGN GROUP LTD. OFFERS YOU ACCESS TO OUR SERVICES.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and K.R. Evans 2 Design Ltd. This Agreement is effective upon your first visit to the Site or is otherwise effective on September 4, 2015 for all users.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18, or those who have not yet reached the age of majority in their jurisdiction) or to temporarily or indefinitely suspended KR Evans 2 Design Group Ltd. members. If you are under the age of 18, or under the age of majority in your jurisdiction, you can use this Site only in conjunction with, and under the supervision of parents or guardians. If you do not qualify, please do not use the Site. Further, your KR Evans 2 Design Group Ltd. account (including feedback) and Display Name may not be transferred or sold to another party. If you are registering as a business entity, you represent that either you have the authority to bind the entity to this Agreement, or at least one representative of your business entity (the “Authorized User”) has the authority to bind the entity to this Agreement.
Fees and Services
We charge for certain services & features through our Site. We will always communicate the nature of our fees ahead of time, so you know what you will be charged. You are responsible for paying all fees associated with the use of our service and our website including all applicable taxes.
Certain taxes and government charges may be payable in relation to a paid transaction. We accept no responsibility for such taxes and other government charges on transactions on the Site.
StreetscapePLUS is a Venue
3.1 StreetscapePLUS is a collaboration venue. The Site acts as a venue to facilitate a variety of transactions associated with the development and sale of Land or Land Entities (such as lots or condominium units). We are not necessarily involved in the actual transaction between independent Groups or users. In such cases, we have no control over the quality of services provided using our technology platform, the truth or accuracy of information, the ability of Groups to vend services or the ability of customers to pay for services. We cannot ensure that any members will actually complete any activity or transaction.
3.2 Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. User authentication is difficult and K.R. Evans 2 Design Group Ltd. cannot and does not confirm user's purported identity. We encourage users to communicate directly with potential trading partners.
3.3 Release. Because we are a venue, in the event that you have a dispute with one or more third-party users, you release K.R. Evans 2 Design Group Ltd. (and our parent and its subsidiaries and joint ventures and all officers, directors, agents and employees) from claims, demands and damages (actual and consequential) 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.
3.4 Information Control. We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice prudence when using the Site. By using this Site, you agree to accept such risks and K.R. Evans 2 Design Group Ltd. is not responsible for the acts or omissions of unrelated users.
4.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, listing or any activity, in any public message area (including, but likely not limited to lot records, user suggestions or Help areas) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
4.2 Restricted Activities. Your Information (or any information listings) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to K.R. Evans 2 Design Group Ltd. by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of K.R. Evans 2 Design Group Ltd. and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site; (v) modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any content, process or material, in whole or in part, except as otherwise expressly permitted in this Agreement and any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement).
Without limiting other remedies, we may limit your activity, immediately remove some or all of your information, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause financial loss or legal liability for you, our users or us.
While we attempt to keep our information accurate and timely, the WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE, UNLESS SPECIFICALLY REQUIRED BY LAW.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE TOTAL OF LICENSE FEES PAID TO US IN THE 12 MONTHS PRECEDING ANY ACTION.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any and all claims or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
You and K.R. Evans 2 Design Group Ltd. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by registered mail to:
K.R. Evans 2 Design Group Ltd.
Attn: Legal Department
Suite 300, 4723 1 Street SW
Calgary, AB CANADA T2G 4Y8
(in the case of K.R. Evans 2 Design Group Ltd.) or to the email address you provide to K.R. Evans 2 Design Group Ltd. during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to K.R. Evans 2 Design Group Ltd. during any registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
The following policies are incorporated by reference into this Agreement and provide additional terms and conditions related to specific services offered on the Site:
This Agreement shall be governed in all respects by the laws of the Province of Alberta and the federal laws of Canada applicable therein. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated terms and conditions may be automatically assigned by K.R. Evans 2 Design Group Ltd. in accordance with Section 13 "Notices", in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This is the entire agreement between the parties relating to the use of this site. However, StreetscapePLUS.com or related sites may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by K.R. Evans 2 Design Group Ltd. K.R. Evans 2 Design Group Ltd. is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by K.R. Evans 2 Design Group Ltd. of the sites.
Contracts in English
It is the express wish of the parties that this document and any related documents be drawn up and executed in English. Les parties aux présentes ont expressément demandé que ce document et tous les documents s'y rattachant soient rédigés et signés en anglais.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Disputes between you and K.R. Evans 2 Design Group Ltd. regarding our Site may be reported to firstname.lastname@example.org.
Except for any personally identifiable user information, all suggestions or ideas communicated to K.R. Evans 2 Design Group Ltd. through this site (together, the "Submissions") will forever be the property of K.R. Evans 2 Design Group Ltd. K.R. Evans 2 Design Group Ltd. will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future K.R. Evans 2 Design Group Ltd. operations. Without limitation, K.R. Evans 2 Design Group Ltd. will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. K.R. Evans 2 Design Group Ltd. will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not K.R. Evans 2 Design Group Ltd. have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
The material in this site could include technical inaccuracies or typographical errors. K.R. Evans 2 Design Group Ltd. may make changes or improvements at any time. The materials in this site are provided "as is" and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law, K.R. Evans 2 Design Group Ltd. disclaims all warranties or merchantability and fitness for a particular purpose. K.R. Evans 2 Design Group Ltd. does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. K.R. Evans 2 Design Group Ltd. does not warrant or make any representations regarding the use of or the result of the use of the material in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not K.R. Evans 2 Design Group Ltd.) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties.
The following trademarks used herein are owned by K.R. Evans 2 Design Ltd. and its affiliates: StreetscapePLUS™, Evans 2 Design Group™, MapsPLUS™, StreetscapePHOTO™, PortfolioPLUS™. All other trademarks are the property of the respective trademark owners.