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General
Click Chez Moi provides you with access to this web site (the "Web Site") and the services available on this Web Site, or other web sites as indicated below (collectively, the "Services," which will be further described under the Section "Services" below). Access to and use of the Services is governed by these Terms of Use (the "Agreement"). By accessing or using the Services, you indicate your assent to be bound by the Agreement and your acknowledgement of and agreement to its terms.
Service
The Click Chez Moi Web Site is an interactive online service through which users may search for apartment listings in Montreal and surrounding areas and obtain information in order to communicate with the lessors of the listed apartments. The Services may be accessed at www.clickchezmoi.com and www.clickchezmoi.ca). The Services may also be located on or accessible from third party web sites and/or applications.
Click Chez Moi uses reasonable efforts to ensure the availability of the information and content, including links, that it makes available through the Services. However, the Services are composed of content not offered by Click Chez Moi. Click Chez Moi does not control (i) the quality, safety or legality of items available through or on its Web Sites; or (ii) the truth or accuracy of the apartment listings on Web Sites. Click Chez Moi is not liable or responsible for content supplied by third parties, including by lessors or for actions you might take in reliance on that content.
Nothing contained in any of the Services is an offer or promise to rent a specific apartment for a specific price or that any lessor will rent any apartment for any purpose or price or on any specific terms. Click Chez Moi does not guarantee the price, terms, quality or availability of apartments listed on its Web Sites. Further, Click Chez Moi does not guarantee that any photos displayed on its Web Sites of any apartments listed on its Web Sites truly and accurately correspond to the listed apartments.
Click Chez Moi is not involved in any transactions between any lessee and any lessor, even if such transactions were facilitated by the use of any of the Services. If you, as lessee, have a dispute with one or more lessors, you agree to release and hereby release Click Chez Moi (and Click Chez Moi's officers, directors, agents or mandataries, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from all claims, demands and damages (direct or indirect, 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. If you, as lessor, have a dispute with one or more lessees, you agree to release and hereby release Click Chez Moi (and Click Chez Moi's officers, directors, agents or mandataries, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from all claims, demands and damages (direct or indirect, 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.
Only Personal Use is Authorized
Under this Agreement, Click Chez Moi gives you limited permission to access and use the Services for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution or transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means that, except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, product or service obtained by or through your use of the Services. This restriction means, among other things, that you may not mirror on your own web site any portion of the Services or display through your own web site any results page or other information from the Services without Click Chez Moi's prior written permission.
Your right to access the Services is subject to any limits established by Click Chez Moi. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor or copy the Services, except for those automated means expressly made available by Click Chez Moi, if any, or authorized in advance and in writing by Click Chez Moi (for example, Click Chez Moi approved third party tools and services). Without limiting the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on Click Chez Moi's infrastructure (as determined by Click Chez Moi in its sole discretion).
The technology underlying, and content within, the Services is owned by Click Chez Moi and/or its licensors (including Click Chez Moi's content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of Canada and other countries, and may be subject to penalties. As between you and Click Chez Moi, Click Chez Moi owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.
Indemnification
You agree to indemnify and hold harmless Click Chez Moi and its parent, subsidiaries, divisions, affiliates, employees, agents or mandataries and representatives from and against any losses, costs, damages or expenses (including lawyers' fees) resulting from claims or actions arising out of or in connection with your use of the Services and/or your breach of the terms of this Agreement, including, without limitation, the breach of any representation, warranty or condition and/or your violation of any law or of the rights of any third party. You will be solely responsible for defending any claim, for the payment of such defense, and for the payment of damages or losses resulting from the foregoing, whether to a third party or to Click Chez Moi.
Disclaimer of Warranties
ANY SOFTWARE OR SERVICES THAT MAY BE PROVIDED ARE PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. WITHOUT LIMITATION, CLICK CHEZ MOI DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF THE SERVICES PROVIDED. YOU BEAR THE ENTIRE RISK AS TO THE USE OF THE SERVICES AND THE AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, QUALITY AND PERFORMANCE OF THE SERVICES AND THE RESULTS OBTAINED FROM USE OF THE SERVICES. CLICK CHEZ MOI DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU (WHETHER BY E-MAIL OR OTHERWISE) WILL BE TRANSMITTED, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE PERIOD OF TIME. CLICK CHEZ MOI DOES NOT MAKE EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS (INCLUDING WARRANTIES OF QUALITY, TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE SERVICES OR THE APARTMENTS LISTED ON THE WEB SITE. ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARE EXCLUDED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Click Chez Moi's Potential Liability for the Services is Limited
NEITHER CLICK CHEZ MOI NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS OR MANDATARIES, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING: LOSS OF PROFITS; LOSS OF EARNINGS; LOSS, THEFT, DESTRUCTION, INTERCEPTION, MISDELIVERY OR ALTERATION OF DATA OR OTHER INFORMATION; LOSS OF BUSINESS OPPORTUNITIES; PROPERTY DAMAGE; OR ANY OTHER FORESEEABLE OR UNFORESEEABLE LOSS RESULTING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, THE SERVICES, OR THE APARTMENTS LISTED ON THE WEB SITE, OR ANY ORAL OR WRITTEN STATEMENTS, ADVERTISEMENTS OR PROMOTIONS RELATING TO THIS AGREEMENT, TO THE SERVICES, OR TO THE APARTMENTS LISTED ON THE WEB SITE EVEN IF CLICK CHEZ MOI WAS ADVISED OF THE POSSIBILITY OF DAMAGES OR DID NOT FULFILL ITS CIVIL OBLIGATIONS; OR (ii) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES OR COSTS (INCLUDING LEGAL FEES AND COURT COSTS) RESULTING DIRECTLY OR INDIRECTLY OUT OF ANY CLAIM THAT THE USE OR INTENDED USE OF THE SERVICES INFRINGES THE COPYRIGHT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.
THESE LIMITS APPLY TO ANY ACT OR OMISSION OF CLICK CHEZ MOI AND ITS OFFICERS, DIRECTORS, AGENTS OR MANDATARIES, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS, WHETHER OR NOT THE ACTS OR OMISSIONS WOULD OTHERWISE GIVE RISE TO CLAIMS OR CAUSES OF ACTION IN CONTRACT, TORT, CIVIL LIABILITY, PURSUANT TO STATUTE OR PURSUANT TO ANY OTHER DOCTRINE OF LAW.
CLICK CHEZ MOI WILL NOT BE LIABLE FOR ANY MATERIAL INCLUDED IN WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR AS PART OF THE SERVICES.
Objectionable Material
Click Chez Moi encourages you to use discretion when browsing the Internet or using the Services. The Services may contain information that you find objectionable, harmful, deceptive or otherwise inappropriate, especially for children. If this is of concern to you, Click Chez Moi encourages you to install filtering software if you wish to limit the content available through the Services.
Privacy and Data Collection
Click Chez Moi does not collect personally identifying information from users of the Services unless users have consented to such collection of information by Click Chez Moi (for example, when listing an apartment or when sending us an e-mail with a question about an apartment). Click Chez Moi's information practices are further described in its privacy policy. Click Chez Moi's privacy policy is part of this Agreement, and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. Prior to agreeing to the terms of this Agreement, please read Click Chez Moi's privacy policy at privacy policy. If you would like more information on our practices relating to the protection of personal information, please email us at: info@clickchezmoi.com.
You should consider any communication that you transmit to Click Chez Moi (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that Click Chez Moi will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.
Control over Features, Functions, and Access to the Services
Click Chez Moi reserves the right to change any information, features and functions of the Services without prior notice. Click Chez Moi may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that Click Chez Moi determines, in its sole discretion, violate this Agreement, the rights of Click Chez Moi or any third party, or is otherwise inappropriate.
Arbitration
Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise) arising out of or relating to: (a) this Agreement; (b) the Services; and (c) advertisements or promotions relating to this Agreement or to the Services (collectively the "Claim"), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). You waive any right you may have to commence or participate in any class action against Click Chez Moi related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Click Chez Moi.
If you have a Claim you should give written notice to arbitrate at the address set out below. Arbitration of Claims will be conducted in such forum and pursuant to such rules as mutually agreed, and failing agreement will be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the province in which you reside that are in effect on the date of the notice to arbitrate.
Choice of Law, Waiver, and Severability
This Agreement shall be governed by the laws of the Province of Quebec, Canada (unless this choice of law is not permitted under the laws of the province or country in which you reside, in which case the laws of the province or country in which you reside will govern this Agreement) without reference to its conflict of laws provisions. Click Chez Moi's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Jurisdiction
Except as provided under "Arbitration" above, you agree to submit to the exclusive jurisdiction of the courts in the district of Montreal, Province of Quebec, Canada for any dispute arising from this Agreement, including, without limitation, the validity, interpretation or a breach of this Agreement.
Notice
You may direct any questions concerning this Agreement to: info@clickchezmoi.com
Amendment
Click Chez Moi may amend this Agreement at any time, without your consent, by posting the amended terms at Terms of Use. Except as stated below, all amended terms are automatically effective fifteen (15) days after they are initially posted. This Agreement may not be otherwise amended except in a written document signed by you and Click Chez Moi. Your continued use of the Services means you agree to the amendments. If you do not agree to any modification of this Agreement, you must immediately stop using the Services.
Language
The Terms of Use has been drawn up in the English language at specific request of the parties hereto. Ces Conditions d'utilisation sont ?crites en langue anglaise tel que requis par chacune des parties impliqu?es.
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