Last Updated: March 21, 2019

Spacelist Commercial Listings Ltd. ("Spacelist", "we" "our" or "us") uses this website (the "Website") to provide you with information about its products and services and certain information that we or users of the Website have determined to make available on the Website (the "Content"). Access to and use of the Content on the Website, including any uploading of materials by you to the Website, ordering of services or subscriptions provided through the Website and viewing of the Content on or available through the Website, is subject to your acceptance of and compliance with these terms of use ("Terms of Use"). By using the Website you indicate your acceptance of these Terms of Use. If you do not accept these Terms of Use, then do not use the Website or any of its Content or services.

These Terms of Use contain a binding arbitration provision which provides that you and Spacelist will resolve all disputes through mandatory and binding arbitration, unless you opt-out through the mechanism provided in these Terms of Use. This means that, in the event of a dispute with Spacelist, you will not be able to have that dispute resolved by a judge or a jury. Under these Terms of Use you also waive your right to participate in class actions against Spacelist. Please carefully read the sections titled "Arbitration" and "Waiver of Class Action".

We take your privacy seriously. To find out about how we collect, share and use your content and information, we recommend that you read our Privacy Policy. The Privacy Policy forms part of these Terms of Use and is incorporated by reference. By providing information via the Website, you agree that we may collect, use and disclose your personal information as is necessary to operate and provide the Website and as otherwise specified in our Privacy Policy.

Modifications to this Agreement; Waiver

Spacelist reserves the right to alter, add to, delete, modify or change these Terms of Use at any time. Your use of the Website after any amendments or updates of these Terms of Use shall signify your assent to and acceptance of such revised terms. The most current version of the terms will govern your use of the Website. We will post any changes to the Terms of Use on the Website and update the revision at the beginning of this policy. You should periodically review the Terms of Use to see recent changes. No purported waiver or modification of these Terms of Use by us via telephone or email communications shall be valid or effective.

No Implied Advice, Endorsement, or Referral

The Content provided is for informational purposes only. Although Spacelist tries to ensure that information is accurate when it is placed on the Website, Spacelist does not warrant, guarantee or represent that the information is accurate, complete, current or suitable for any particular purpose. Accordingly, you use or rely on such information at your own risk. Spacelist makes no recommendations regarding whether or not you should act on any information you receive from our Website.

Spacelist is not your real estate professional and is not in the business of providing professional real estate advice or services. Nothing on our Website should be interpreted as being real estate advice. If you have any industry related questions, please contact a licensed real estate professional. We are not and do not hold ourselves out as being a brokerage, real estate agent, insurer, tenant-representative, or any other type of real estate professional. Spacelist does not, and is not licensed to provide real estate or property related services (including without limitation appraisals). It is your sole responsibility to determine that a commercial property meets the needs of your business and is suitable for the purposes for which you intend to use it. Similarly, the Website references third parties and third party products and services, but you shall not construe these references as an approval, referral, or endorsement by us of that third party, third party product or service. You are responsible for using your own judgment before engaging any third party to provide you with products or services. We do not represent or warrant that any third party referenced or advertised on our Website is capable, qualified, registered, authorized, or licensed to provide you with any products or services.

Our website may from time to time contain advertisements for tenant-representatives, listing agent, and other real estate professionals (collectively "Real Estate Professionals"). You acknowledge and agree that the Real Estate Professionals’ advertisements on our Website are not and will not be interpreted as a referral, introduction, recommendation, or endorsement of Real Estate Professionals. The Website is not a referral service. Spacelist does not and will not introduce you or refer you to Real Estate Professionals or vice versa.

Restrictions on Use of the Website

Subject to prior written authorization from Spacelist, you acknowledge and agree that you may view, download and print the Content, and use the Website and the Content, for your own personal, non-commercial use and in the ordinary course of your business for your internal research and property marketing purposes; and providing information to clients and prospective clients regarding certain commercial properties, provided such information is (i) not sold or generally distributed, (ii)is restricted in scope to a limited number of commercial properties, and (iii) is not a substantial amount of Content, as determined by us in our sole discretion.

Except as otherwise set out in these Terms of Use or a separate written agreement with Spacelist, you acknowledge and agree that: (a) you will not, directly or indirectly, sell, assign, distribute, provide access to, transmit, exploit, copy, modify, publish, republish, reproduce, repackage, retransmit, resell, recompile, decompile, disassemble, scrape, extract or otherwise disseminate, the Website or the Content, or any derivative works from the Content, or any portion thereof, in any medium or in any manner whatsoever; and (b) you will not use the Website or the Content to construct a database of any kind, nor store the Website or the Content (in whole or in part) in databases for access by you or any third party, nor distribute any database services containing all or part of the Website or the Content, nor use the Website or the Content in any way to improve the quality of any data sold by you to any third party.

To inquire about obtaining our written permission to a particular use of the Website or Content, send us an email at info@spacelist.ca.

In addition to complying with these Terms of Use, you shall use the Website, links to other web sites from the Website (the "Linked Sites") for lawful purposes only and you shall use and/or disclose the Content in accordance with all applicable laws, including, without limitation, Canadian privacy laws. You may not: (i) attempt to gain unauthorized access to the Website, or computer systems databases, or networks connected to the Website, through hacking, password or data mining, or any other means to circumvent security procedure; (ii) use the Website in any manner that could damage, disable, overburden, or impair the Website or any service we provide, or interfere with any other party's use and enjoyment of the Website; (iii) use any robot, spider or other automatic device, software program or manual process to monitor, copy or interfere with any web pages or the content contained thereon on the Website; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; (v) use the Website to execute denial of service attacks; or (vi) perform automated searches against the Website where, in our reasonable opinion, such searches unduly burden the Website (including, but not limited to automated "bots", crawlers, scrapers or "link checkers").

Under no circumstances will you use the Website or the Content, or any derivative works from the Content, or any portion thereof, in any manner that may infringe any proprietary or intellectual property rights or interests that Spacelist and/or any third party may have in the Website or the Content, or any derivative works from the Content, or any portion thereof. You represent and warrant to us that you will not use the Website or Content or any material retrieved from the Content to create products or perform services which compete or interfere with the publications and services of Spacelist or its licensors.

General Rules of User Conduct

In using the Website, Content, and any services offered by Spacelist, you agree not to do any of the following:

• conduct or promote any illegal activities;
• interfere with or disrupt the Website or servers or networks connected to the Website;
• intentionally or unintentionally violate any applicable local, provincial, state, federal or international law or regulation;
• attempt to reverse engineer the Website or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
• attempt to gain access to secured portions of the Website to which you do not possess access rights;
• use the Website to generate unsolicited email advertisements or spam; or impersonate another user’
• submit false, misleading, inaccurate, or fraudulent information to the Website;
• transmit harmful or offensive (e.g., violent, hateful, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Website into disrepute.

Accuracy of Information

We work hard to make sure all information provided on the Website is accurate, up-to-date and complete. However, the information and materials on the Website may contain errors or inaccuracies, including both typographical and substantive errors. We make no representations or warranties that Content on our Website is accurate, complete, or error free. You should use your own judgment, or seek expert advice, before acting on any information you obtain on our Website. Spacelist reserves the right, in its sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the Website and to suspend or deny access to the Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and Spacelist has no responsibility to update or amend any such information.

Links to Third-Party Websites

The Website contains links to other Linked Sites that are not owned or controlled by us and we are not responsible for the content of any linked websites. The presence on the Website of a link to any other Linked Site does not imply that we endorse or accept any responsibility for the content or use of such website(s), and you hereby release us from all liability and/or damages that may arise from your use of such website(s). While we encourage links to the Website, we reserve the right to prohibit or refuse to accept any link to the Website at any time. You agree to remove any link you may have to the Website upon our request.

User-Contributed Content and Listing Policy

We encourage and need our users to contribute content to the Website. We do not, however, endorse or guarantee the accuracy, completeness, or usefulness of any content posted on the Website by our users. It is your responsibility to evaluate the accuracy, completeness or usefulness of any content posted by other users. You agree not to upload, post or otherwise make available on the Website any material protected by copyright, trademark or other intellectual property or proprietary right without the express permission of the owner of the copyright, trademark or other intellectual property or proprietary right. For instance, when listing space on the Website, you must have right(s) to do so by virtue of being the owner of the material or having the appropriate permissions from the owner of the material. We reserve the right to remove your listing and may terminate your access to the Website if we determine in our discretion that you are not authorized to market a space or upload certain material. You have the burden of determining whether any material can or cannot be posted or submitted on the Website and is or is not protected by an intellectual property or proprietary right.

Subject to a separate written agreement between you and Spacelist, by submitting material, you grant (or represent and warrant to Spacelist that the owner of such material has expressly granted) to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, sell, reproduce, modify, adapt, publish, perform in public, transmit by way of telecommunication or other means, display, analyse, preserve, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.

You also permit any other user of the Website to access, view, store or reproduce the material for that user's personal use and the uses mentioned above under "Restrictions on Use of the Website". You will indemnify and save Spacelist, its subsidiaries, affiliates, directors, officers, agents, advisors and employees, harmless for, from and against all claims, losses, costs and expenses resulting from the content and information you supply. You are not entitled to receive any compensation or reimbursement of any kind from us or any of the users of the Website for materials submitted by you. You may not post or otherwise make available on the Website any content that is illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your content. We have the right, but not the obligation, to monitor the content posted on the Website to determine compliance with our Terms of Use and/or to satisfy any law, regulation or government request. We have the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Website. You will upload information that is, to the best of your knowledge, true, complete and accurate.

Listing descriptions are only for the description of the property that is for lease or sale. Contact name, email address, phone number, fax number, company information or URL links for any contacts are strictly prohibited from being included in the description. Any information of this type found in the property description will be removed from the listing. Habitual violations of this policy will result in Spacelist's removal of all of such User's active listings on the website until all such content has been appropriately rectified.

If you are a real estate broker or agent, then you must identify yourself as such including your license number and list your firm’s name or assumed name as licensed in a clear and conspicuous manner. In addition, advertising cannot be false, deceptive, or misleading. If you are a real estate agent or broker, you are responsible for complying with all local, state, and federal laws governing the real estate industry and advertising laws and rules applying to it.

Security

Information sent or received over the Internet is generally unsecure and Spacelist cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.

Your Account

To access some of the functionalities and features of our Website, you will need to register an account. During the account registration process, you will select a username and a password and will also create a user profile (the "Profile") which will contain, among other things, your contact information. You agree to provide true, accurate, current and complete information about yourself as prompted by the account registration form and maintain and promptly update this data to keep it true, accurate, current and complete at all times.

If you have registered an account on our Website, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility and indemnify Spacelist and its subsidiaries, affiliates, directors, officers, agents, advisors and employees, for all activities that occur under your account or password.

User privileges are granted by Spacelist to individuals exclusively and are granted specifically to the subscribing registered user only. User rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered user without the express written permission of Spacelist. You represent and warrant that the information You provide is true, accurate, complete, and current. Each user must maintain a valid email address and a password to access their Spacelist account. Users are not permitted to share their individual login information with others. Spacelist has the right to refuse or terminate service to any user, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms of Use.

Connections

As part of our Website, we provide a platform for you to connect with third-party Real Estate Professionals. To access this feature, you’ll need an account. If on our Website you find Real Estate Professionals you would like to connect with, you have the option (but not the obligation) to connect with those Real Estate Professionals by authorizing Spacelist to share your Profile information with the Real Estate Professionals of your choice. Spacelist will never share your Profile information with a Real Estate Professional unless we have received your prior consent. To provide your consent, you can use the Profile sharing functionality available on our Website.

Additional Terms

From time to time we may request that you provide us with your email address. We will use your email address only for the purposes of providing you with updated search results, real estate news, updates about our website and services, and as otherwise provided in our Privacy Policy.

The Website may provide you with phone numbers that you can use to connect with Spacelist, its service providers, or other third parties, such as Real Estate Professionals. Some of the numbers listed may be routed through a third party service ("Calling Service"). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to Spacelist or through a Calling Service, you consent to such recording and monitoring. Spacelist will treat recorded calls in accordance with Canadian privacy laws. Spacelist will not share your phone number with third parties, including Real Estate Professionals, except with your consent.

Disclaimer of all Representations, Warranties and Conditions

THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE ARE PROVIDED ON AN "AS IS", AS-AVAILABLE BASIS. WE, OUR DIRECTORS, OFFICERS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE WITH RESPECT TO THE CAPABILITY OF THE WEBSITE OR THE ACCURACY OR THE COMPLETENESS OF THE CONTENT PROVIDED THEREON. ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, DOWNLOADING, USING OR RELYING ON ANY SUCH MATERIAL.

SPACELIST DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY COMMERCIAL SPACE, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT OF ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE, AND SPACELIST SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

Limitation of Liability and Indemnification

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. WE ARE NOT LIABLE UNDER CONTRACT LAW, TORT LAW (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL SPACELIST BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), THESE LIMITATIONS SHALL APPLY EVEN IF SPACELIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU SHALL INDEMNIFY AND HOLD SPACELIST AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).

You expressly acknowledge that Spacelist is making the Website, Content and links available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between you and Spacelist. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive, termination or suspension by Spacelist of your use of, or access to, the Website, or termination of these Terms of Use.

Jurisdiction; Governing Law

We do not make any representations and does not give any warranties or conditions that information and materials on the Website are appropriate or available for use outside Canada. Those who choose to access the Website from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules regarding online conduct and submission of acceptable materials.

The courts in some countries or provinces will not apply the law of British Columbia to some types of disputes, claims, or controversies. If you reside in one of those countries or provinces, then where British Columbia law is excluded from applying, your country or province’s laws will apply to such disputes, claims, or controversies related to these Terms of Use. Otherwise, this Terms of Use is governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Terms of Use.

Arbitration

You agree that in the event of any dispute, claim, or controversies between you and Spacelist arising out of or relating to this Terms of Use or the relationship between any Spacelist and you, that you and Spacelist shall consult and negotiate with each other and, recognizing your mutual interests, attempt to reach a solution satisfactory to both you and Spacelist. If you and Spacelist do not reach settlement within a period of 60 days, then such dispute, claim, or controversy shall be referred to and finally resolved by mandatory and binding arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre. The appointing authority shall be the British Columbia International Commercial Arbitration Centre. The case shall be administered by the British Columbia International Commercial Arbitration Centre in accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia, Canada. The number of arbitrators shall be set to one unless otherwise required by the Rules. The language of the arbitration will be English. The existence and content of the arbitration proceedings, including documents submitted by the parties, correspondence to and from the British Columbia International Commercial Arbitration Centre, correspondence to and from the arbitrator, and orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party (except for professional advisors) without the express written consent from the other party unless: (a) (i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein; or (b) such disclosure is required by applicable law or court order. Notwithstanding the foregoing, Spacelist may seek injunctive or other equitable relief to protect its rights, and for any other purpose, in any court of competent jurisdiction.

You may opt out of the above arbitration clause. If you opt out, then neither you nor we will be able to require the other to participate in arbitration for the purposes of resolving any dispute, claim or controversy between you and Spacelist arising out of or relating to this Terms of Use or the relationship between any Spacelist and you. To opt out, you must, within 30 days of accepting this Terms of Use, deliver to Spacelist a clear written statement indicating that you wish to opt out of the arbitration provisions in this Terms of Use. The statement must contain: (a) your name; (b) your address; (c) your telephone number; (d) your email address; and (e) your account name (if any). The opt-out statement must be delivered to the following address:

Spacelist Commercial Listings Ltd.
201-388 West 8 th Avenue, Vancouver,
British Columbia, V5Y 3X2

or emailed to support@spacelist.ca

If you opt out of the arbitration clause in the manner provided above, then you irrevocably agree that the courts of British Columbia will have exclusive jurisdiction to settle any dispute, claim, or controversy arising out of or related to these Terms of Use or your relationship with Spacelist.

Waiver of Class Action

You agree to waive any right you may have to commence or participate in any class action or class arbitration against Spacelist related to any claim and, where applicable, you also agree to opt out of any class proceedings against Spacelist. Where applicable, if a dispute arises between us and you, you waive any right you may have to participate in a trial by jury with respect to that dispute.

Termination

We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to the Website or for the removal of any of the materials uploaded or contributed by you to the Website. This Terms of Use may be terminated by us at any time for any reason or no reason in our sole discretion.

Copyright and Trademark Information

The Website, and the information and materials that it contains, are the property of Spacelist, its suppliers, its licensors and other third parties accredited with ownership, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Spacelist product names and logos are trademarks or registered trademarks of Spacelist Commercial Listings Ltd. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. You may neither remove any copyright, trademark or other proprietary notices from any copy nor modify the Content. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of Spacelist. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.

Spacelist reserves the right to take such steps as it deems necessary, including without limitation legal action, to restrain unauthorized activity.

Entire Agreement

These Terms of Use, which incorporates the Privacy Policy by reference, constitutes the entire agreement between you and Spacelist with respect to the subject matter contained herein. Notwithstanding the foregoing, your use of the Website and relationship with Spacelist is subject to any other written and duly executed contracts you may have with Spacelist (a "Supplemental Contract"). In the case of any conflict between this Terms of Use and a Supplemental Contract, the terms of such Supplemental Contract shall prevail.

Assignment

We may assign this Terms of Use in part or in their entirety without notice to you or your consent. This Terms of Use is personal to you and you may not assign your rights or obligations under these Terms of Use to any person.

Severability

To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Terms of Use invalid or otherwise unenforceable in any respect. In the event that a provision of this Terms of Use is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Terms of Use will continue in full force and effect.

Headings

Headings are for convenience only and will not affect the interpretation of this Terms of Use.

Enurement

This Agreement will enure to the benefit of and be binding upon the parties to this Agreement and their respective successors, heirs and permitted assigns.