Terms & Conditions

Last Updated January 16, 2011

Overview

Condo Control Central is a hosted web application that allows subscribing condominium corporations to store documentation online and communicate with their stakeholders. The services offered by Condo Control Central ("we") include the Condo Control Central website (the "Website") and any other features, content, or applications offered from time to time by Condo Control Central in connection with the Website (collectively, the "Our Services").

Definitions

This Terms of Service Agreement ("Agreement") sets forth the legally binding terms for your use of Our Services. By using Our Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with Condo Control Central). The term "User" refers to a Visitor or a Member. You are only authorized to use Our Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of Our Services immediately. If you wish to become a Member, communicate with other Members and make use of Our Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Condo Control Central's policy for acceptable use of Our Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of Our Services and Condo Control Central's Privacy Policy. In order to participate in certain Our Services, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to Our Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Modifications to Agreement

Condo Control Central may modify this Agreement from time to time and such modification shall be effective upon posting by Condo Control Central on the Website. You agree to be bound to any changes to this Agreement when you use Our Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Prohibited Content

Please choose carefully the information you post on Condo Control Central and that you provide to other Users. Your Condo Control Central site may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Condo Control Central Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Condo Control Central assumes no responsibility or liability for this material. If you become aware of misuse of Our Services by any person, please contact us to report the inappropriate content immediately.

Condo Control Central reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of Our Services at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility.
Use of Condo Control Central is void where prohibited. By using Our Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of Our Services does not violate any applicable law or regulation.
Term.
This Agreement shall remain in full force and effect while you use Our Services or are a Member. You may terminate your Membership at any time by contacting us. You Condo Control Central may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
Fees.
You acknowledge that Condo Control Central charges for Our Services and reserves the right to change its fees from time to time in its sole discretion. If Condo Control Central terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Password.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Condo Control Central immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members.
Our Services are for the use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Condo Control Central. Illegal and/or unauthorized use of Our Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of Our Services.
Proprietary Rights in Content on Condo Control Central.
1. Condo Control Central does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you or other Members post to Our Services. After posting your Content to Our Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By publicly displaying or publishing ("posting") any Content on or through Our Services, you hereby grant to Condo Control Central a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through Our Services. This applies only to those items which are posted on a Member’s “public” website, which is accessible without authentication.
2. Without this license, Condo Control Central would be unable to provide Our Services. For example, without the right to modify Member Content, Condo Control Central would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Condo Control Central could not allow Users to listen to music posted by Members. The license you grant to Condo Control Central is non-exclusive (meaning you are free to license your Content to anyone else in addition to Condo Control Central), fully-paid and royalty-free (meaning that Condo Control Central is not required to pay you for the use on Our Services of the Content that you post), sublicensable (so that Condo Control Central is able to use its affiliates and subcontractors such as Internet content delivery networks to provide Our Services), and worldwide (because the Internet and Our Services are global in reach). This license will terminate at the time you remove your Content from Our Services. The license does not grant Condo Control Central the right to sell your Content, nor does the license grant Condo Control Central the right to distribute your Content outside of Our Services.
3. You represent and warrant that: (i) you own the Content posted by you on or through Our Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through Our Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through Our Services.
4. Our Services contain Content of Condo Control Central ("Condo Control Central Content"). Condo Control Central Content is protected by copyright, trademark, patent, trade secret and other laws, and Condo Control Central owns and retains all rights in the Condo Control Central Content and Our Services. Condo Control Central hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Condo Control Central Content (excluding any software code) solely for your personal use in connection with viewing the Website and using Our Services.
5. Our Services contain Content of Users and other Condo Control Central licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through Our Services.
Content Posted.
1. Condo Control Central may delete any Content that in the sole judgment of Condo Control Central violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Condo Control Central assumes no responsibility for monitoring Our Services for inappropriate Content or conduct. If at any time Condo Control Central chooses, in its sole discretion, to monitor Our Services, Condo Control Central nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of Our Services, and any material or information that you transmit to other Members and for your interactions with other Users. Condo Control Central does not endorse and has no control over the Content. Content is not necessarily reviewed by Condo Control Central prior to posting and does not necessarily reflect the opinions or policies of Condo Control Central. Condo Control Central makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Content/Activity Prohibited.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through Our Services. Condo Control Central reserves the right to investigate and take appropriate legal action against anyone who, in Condo Control Central's sole discretion, violates this provision, including without limitation, removing the offending communication from Our Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Condo Control Central:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any personal telephone numbers, or street addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
14. includes a photograph of another person that you have posted without that person's consent;
The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of Our Services. Condo Control Central reserves the right to investigate and take appropriate legal action against anyone who, in Condo Control Central's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or services through Our Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from Our Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Condo Control Central reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Condo Control Central deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through Our Services, you acknowledge that you will have caused substantial harm to Condo Control Central, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Condo Control Central $50 for each such unsolicited email or other unsolicited communication you send through Our Services;
3. interfering with, disrupting, or creating an undue burden on Our Services or the networks or services connected to Our Services;
4. attempting to impersonate another Member or person;
5. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
6. using any information obtained from Our Services in order to harass, abuse, or harm another person;
7. using Our Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Condo Control Central to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Condo Control Central by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Our Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on Our Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Condo Control Central's Copyright Agent for notice of claims of copyright infringement can be reached through the "Contact Us" feature on our website.
Member Disputes.
You are solely responsible for your interactions with other Condo Control Central Members. Condo Control Central reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy.
Use of Our Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers.
Condo Control Central is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with Our Services, whether caused by Users of Our Services or by any of the equipment or programming associated with or utilized in Our Services. Pages created and posted by Members on the Website may contain links to other websites. Condo Control Central is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Condo Control Central. Inclusion of any linked website on Our Services does not imply approval or endorsement of the linked website by Condo Control Central. When you access these third-party sites, you do so at your own risk. Condo Control Central takes no responsibility for third party advertisements which are posted on this Website or through Our Services, nor does it take any responsibility for the goods or services provided by its advertisers. Condo Control Central is not responsible for the conduct, whether online or offline, of any User of Our Services. Condo Control Central assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Condo Control Central is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of Our Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with Our Services. Under no circumstances shall Condo Control Central be responsible for any loss or damage, including personal injury or death, resulting from use of Our Services, attendance at a Condo Control Central event, from any Content posted on or through Our Services, or from the conduct of any Users of Our Services, whether online or offline. Our Services are provided "AS-IS" and as available and Condo Control Central expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Condo Control Central cannot guarantee and does not promise any specific results from use of Our Services.
Limitation on Liability.
IN NO EVENT SHALL CONDO CONTROL CENTRAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF CONDO CONTROL CENTRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CONDO CONTROL CENTRAL'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CONDO CONTROL CENTRAL FOR OUR SERVICES DURING THE TERM OF MEMBERSHIP.
Disputes.
If there is any dispute about or involving Our Services, you agree that the dispute shall be governed by the laws of the province of Ontario, Canada, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the provincial and federal courts of Canada located in the province of Ontario, City of Toronto. Either Condo Control Central or you may demand that any dispute between Condo Control Central and you about or involving Our Services must be settled by arbitration utilizing the dispute resolution procedures of the Arbitration and Mediation Institute of Canada Inc. (AMIC), provided that the foregoing shall not prevent Condo Control Central from seeking injunctive relief in a court of competent jurisdiction.
Indemnity.
You agree to indemnify and hold Condo Control Central, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Our Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through Our Services causes Condo Control Central to be liable to another.
Other.
This Agreement is accepted upon your use of the Website or any of Our Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Condo Control Central regarding the use of Our Services. The failure of Condo Control Central to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Condo Control Central is a trademark of 2165173 Ontario Corp. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.