Welcome to Brokersgate.ca. This website (the "Site") is operated by Brokers Gate Inc. ("Brokers Gate").
If you do not agree to be bound by these terms and conditions, you may not use or access this Site.
You agree to use the Site only for lawful purposes, and that you will not use the Site in any manner that interferes with its security or normal operation or with any other user's use and enjoyment of the Site. You further agree that you will not access the Site by any means except through the interface provided by Brokers Gate for access to the Site.
You must be at least eighteen (18) years of age to use this Site, and fully able and competent to enter into the terms and conditions set out in this Agreement.
As a condition to your use of the Site, you agree not to solicit any persons (brokers, listing agents, listed businesses, or otherwise), without prior approval of Broker Gate, that use the Site.
If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your access to the Site (or any part thereof) and/or your user account, if any. In Brokers Gate's sole discretion and without prior notice or liability to you or any third party, we may suspend, discontinue, modify or alter any aspect of the Site including, but not limited to: (i) restricting the time the Site is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user's right to use the Site. You agree that any termination or cancellation of your access to or use of the Site may be effected without prior notice.
You further agree that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Site, or any policies or practices by Brokers Gate in providing the Site, including without limitation any change in content, is to cease using the Site and cancel or terminate your subscription or registered user account, as applicable.
AMENDMENTS TO THIS AGREEMENT
From time to time, Brokers Gate may amend this Agreement. An example of such an amendment is the inclusion of additional terms of usage that apply to either specific parts of the Site or the Site in its entirety. We will post any revised version of this Agreement on the Site and encourage you to refer back to it on a regular basis.
CONTINUED ACCESS OF THE SITE BY YOU WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES OR REVISIONS TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY.
AMENDMENTS TO THE SITE
Although Brokers Gate does not constantly monitor the Site, it nevertheless expressly reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any content without notice, at any time for any reason. By using the Site, you expressly agree that Brokers Gate.ca (a) will not be liable for any claims, actions or judgments arising out of or related to any content and (b) may monitor, refuse to publish, remove, delete, move or edit any content without notice at any time for any reason, without liability and without providing a refund. You further expressly agree that you are solely responsible for any and all content you submit to Brokers Gate.ca. This includes, but is not limited to, the right to correct pricing or typographical errors that may occur on the Site. We cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site.
LINKING TO OR FROM THIS SITE
This Site may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Brokers Gate monitors or endorses these websites. Brokers Gate does not accept any responsibility for such websites.
Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.
All Site design, text, graphics, sound, software, layout, data and other content, and the selection and arrangement thereof, are the property of Brokers Gate or its licensors, and are protected by local, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Site. Material may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. Prohibited uses include, but are not limited to, "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize or manipulate material displayed on the Site.
You may download material from the Site and may use the Site for your personal use only, provided you keep intact all copyright and other proprietary notices.
By uploading or otherwise posting any data and other content on the Site (a "Listing"), you agree that you have all right, title and interest in any such data or other content (or have otherwise obtained all necessary licenses or consents to do so). You agree that all Listings are the property of Brokers Gate. Accordingly, you hereby automatically assign all right, title, and interest in all of your Listing upon uploading or posting your Listing onto the Site. Brokers Gate reserves the exclusive right to review, edit, move or delete any Listing uploaded or posted on the Site, in its sole discretion, without notice.
In order to avoid potential misunderstandings or disputes, Brokers Gate does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to us, you automatically grant (or warrant that the owner of the Submissions grants) to Brokers Gate and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Brokers Gate or its successors, assigns and licensees. You further agree, represent and warrant that all moral rights in the Submissions are waived in favour of Brokers Gate and its successors, assigns and licensees.
THIRD PARTY APIs
From time to time, the Site may use one or more application programming interfaces obtained under license from a third party (an "API"). You agree that your use of any such APIs shall be limited exclusively to your use of the Site in accordance with the terms and conditions of this Agreement.
You agree to indemnify Brokers Gate, and its affiliates, directors, officers, employees, agents, licensors, suppliers, content providers, and the like (collectively, the "Affiliates"), and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from your unauthorized use of material obtained through the Site, or from your breach of this Agreement, or from any such acts through your use of the Site.
DISCLAIMER OF WARRANTY
BROKERS GATE AND ITS AFFILIATES HAVE NOT VERIFIED, CHECKED OR OTHERWISE SCREENED ANY LISTINGS ON THE SITE. THE SITE AND THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". BROKERS GATE AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, TIMELINESS, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE PRODUCTS, OR SERVICES OFFERED OR SOLD ON OR THROUGH THE SITE OR ANY OTHER WEBSITE TO WHICH THE SITE MAY LINK, AS WELL AS THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE.
Brokers Gate and its Affiliates do not represent or warrant that access to the website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the website. No oral or written statements by Brokers Gate or its Affiliates will create any warranty not expressly set forth herein.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BROKERS GATE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF ANY PRODUCTS OR SERVICES PURCHASED OR ACCESSED THROUGH THE SITE, EVEN IF BROKERS GATE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, BROKERS GATE'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE OR ANY SERVICES PURCHASED OR ACCESSED THROUGH THE SITE SHALL BE LIMITED TO THE PURCHASE PRICE ACTUALLY PAID BY YOU FOR SUCH SERVICES OR $20, WHICHEVER IS LESS.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the aforementioned exclusions to liability are limited to the fullest extent permitted by law.
CHOICE OF LAW
The Site is controlled, operated and administered by Brokers Gate from within the Province of Alberta, Canada. The Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this Site, you acknowledge and agree that all matters relating to access to or use of this Site shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).
If any controversy, dispute, claim, question or difference arises with respect to the Site, to Services or Listings that you make or access through the Site, this Agreement, or its performance, enforcement, breach, termination or validity (a "Dispute"), the parties shall use their best efforts to settle the Dispute. To this end, they shall consult and negotiate with each other, in good faith, to reach a just and equitable solution satisfactory to all Parties. If the parties do not reach a solution to a Dispute within fifteen (15) business days following the first written notice of the Dispute by any party to the other, then upon written notice by any party to the other, the Dispute shall be submitted to confidential arbitration in Calgary, Alberta, Canada, except that, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of Brokers Gate or its Affiliates. In such an instance, Brokers Gate and its Affiliates may seek injunctive or other appropriate relief in any provincial or federal court in the Province of Alberta, and you voluntarily consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the National Arbitration Rules of the ADR Institute of Canada, Ltd in force at the date of commencement of the arbitration proceeding. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
CHOICE OF LANGUAGE
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.
NO ESTOPPEL FOR FAILURE TO ENFORCE
The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.
All references in this Agreement to "Brokers Gate", "we", "us", "our" and like terms should be interpreted as referring to Brokers Gate Inc.
The insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
For any questions that you may have about this Agreement, you can contact us by email, telephone, or postal mail at:
Brokers Gate Inc.
8201 – 400 Eau Claire Avenue SW
Calgary, Alberta, T2P 4X2