Towerhouse

Terms and Conditions

(Version 1.0 – 20170308)
Welcome to Towerhouse.

Please read these terms and conditions carefully as they govern your access to our services. The most important provisions are:

  • restricted access: Towerhouse Services are restricted to licensed realtors. By registering, you certify that you are a licensed realtor in good standing under the laws of your province or state;
  • your rights and responsibilities as a subscriber including your obligation to indemnify us against certain claims, and disclaimers of, and limitations on, our liability;
  • suspension, cancellation and termination rights; and
  • changes to the services and subscription fees over time.

Towerhouse Data Corp. (“Towerhouse”) services (the “Towerhouse Services”) are provided at http://twrhouse.wpengine.com and are described in these terms and conditions which are available at http://twrhouse.wpengine.com/terms. These terms and conditions along with our privacy policy available at http://twrhouse.wpengine.com/privacy, apply to your use of the Towerhouse Services.

The Towerhouse Services provide access to Towerhouse Reports concerning condominium properties. The Towerhouse Reports contain information derived from Towerhouse’s proprietary database that helps to rank condominium properties against other condominium properties in the real estate market based on quantitative and qualitative measurements and assessments in accordance with Towerhouse’s proprietary data analysis methods.

While Towerhouse uses its best efforts rank each property accurately based on its database, Towerhouse Reports are opinions only, and are designed to assist licensed realtors in providing advice and services to their clients. The Towerhouse Reports are not to be relied upon as the principal or primary basis for making real estate purchase or sale decisions. The Towerhouse Services and Content as defined below are not intended to be relied on by you as financial or legal advice or as endorsements or recommendations with respect to the suitability or value of any particular condominium property. You must use your own judgment in making use of any Towerhouse Content and you remain solely responsible for your own research, as well as purchase and sale recommendations and decisions. Towerhouse only provides the Towerhouse Services to licensed Realtors and other real estate professionals and strongly recommends that a realtor’s advice be obtained when deciding whether to purchase or sell a condominium property.

TOWERHOUSE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE INFORMATION AND SERVICES PROVIDED DIRECTLY OR INDIRECTLY BY TOWERHOUSE. WITHOUT LIMITATION AND NOTWITHSTANDING THE GENERAL NATURE OF THIS DISCLAIMER, IN NO EVENT SHALL TOWERHOUSE, ITS THIRD PARTY DATA PROVIDERS NOR ANY OF THEIR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOODWILL, EVEN IF TOWERHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. Licensed realtors who provide Towerhouse Reports to their clients, whether or not they subscribe to the Towerhouse Services, agree to hold Towerhouse and its directors, officers, employees, and representatives harmless from, and to indemnify and defend Towerhouse, its directors, officers, employees, and representatives against, any and all claims, demands for loss, liability or damage as provided in these terms and conditions, including, but not limited to, claims for property damage, personal injury or death, by whomsoever brought, arising from any act or omission of Towerhouse or its directors, officers, employees, and representatives or any person acting on its behalf in the performance of this contract; and all claims, suits, and damages, by whomsoever brought, by reason of the non-observance or non-performance by Towerhouse or its directors, officers, employees, or representatives, or any person acting on its behalf of any of the terms, covenants and conditions herein or the rules, regulations, ordinances, and laws of federal, provincial, municipal, local, or foreign governments, and in all cases shall reimburse Towerhouse and its directors, officers, employees, and representatives or any other person acting on their behalf for all attorneys’ subscfiption fees, costs, and expenses incurred in connection with the defense of such claims.

You may only use the Towerhouse Services if you have accepted these terms and conditions and if you agree that these terms and conditions are a legally binding agreement between you and Towerhouse. If you do not agree with these terms and conditions, or our privacy policy, you may not, and must not, use the Towerhouse Services.

In order to access the Towerhouse Services, you must first complete a registration form by providing the information that Towerhouse needs in order to create your account profile, and then pay the subscription fees applicable at the time you register for the Towerhouse Services. The subscription fees that Towerhouse charges for the Towerhouse Services are solely for online access to the Towerhouse Services through the Towerhouse web site. You are responsible for all equipment, software, and data services required to enable you to access the Towerhouse web site.

Towerhouse provides the Towerhouse Services as a periodic subscription which will be automatically renewed and charged to the method of payment you provided as part of your account profile. The renewal subscription fees are due on the periodic anniversary date of your subscription for the Towerhouse Services. All subscription fees, unless otherwise specified, are in Canadian dollars. You may disable the automatic renewal of your subscription in your account profile, in which case your subscription will terminate at the expiry of the then current term. You may also cancel your subscription at any time. Towerhouse does not refund subscription fees under any circumstances.

Towerhouse will suspend your access to the Towerhouse Services when you exceed the access rights provided for in your account profile and may terminate your access to the Towerhouse Services if you do not respect these terms and conditions.

You consent to the collection and use of your personal information by Towerhouse as contained in your account profile. You must provide accurate and truthful information about yourself when you complete our registration form and that information, including the method of payment you select, must be kept current.

When you register to access the Towerhouse Services you will create a username and a password. Your password is the key to accessing the Towerhouse Services and your account profile. You must keep your password confidential at all times. Your password may only be used by you in keeping with your account profile. Your password must not be shared with another person to enable that person to access the Towerhouse Services.

You may only access the Towerhouse Services once Towerhouse has notified you that your registration is complete. Towerhouse reserves the right to refuse a registration request for any reason. For example, Towerhouse may wish to limit the number of users as a means to maintain the quality of the Towerhouse Services, or to exclude a user who fails to comply with these terms and conditions. These are only examples and do not limit Towerhouse’s right to refuse a registration. Towerhouse may choose not to provide a reason for refusing to accept a registration request and may not be compelled to do so.

The completion of your account profile, your acceptance of these terms and conditions, your payment of the subscription fees for the Towerhouse Services, and Towerhouse’s acceptance of your registration, taken together, are a subscription agreement. These terms and conditions will be presented to you for review when you register for the Towerhouse Services and you will be asked to agree to respect them before completing your registration.

If at any time you no longer wish to be bound by these terms and conditions you may terminate your subscription.

You will be given advance notice of any change in the Towerhouse Services, of new features, of an increase in subscription fees, of new subscription fees, of changes to current subscription fees or of other important changes to the Towerhouse Services. Towerhouse will contact you using the e-mail address you provided in your account profile. Changes to the subscription fees will become effective as of the next subscription renewal date.

The Towerhouse Services provide access to information. From time to time the information may include literary, musical, dramatic and artistic works, including but not limited to information, data, databases, text, code, algorithms, computer programs, data analysis methods or results, graphics and graphic depictions of data, software, sounds, sound effects, sound recordings, audio, video, cinematographic works, photographs, pictures, and illustrations. The information that Towerhouse provides through the Towerhouse Services is pulled from Towerhouse’s proprietary database that Towerhouse compiled, analysed, and arranged, using its own proprietary algorithms and data analysis methods, which is protected by Canadian and international intellectual property laws and treaties, including copyright laws, and is owned by Towerhouse.  All trade-marks (including, but not limited to, trade names, logos, word and design marks) that appear in the Towerhouse Services are the trade-marks or registered trade-marks belonging to Towerhouse or third parties, as the case may be, and are protected from reproduction, dilution and confusing or misleading uses. All of these elements of information are referred to together as our “Content”.

You are hereby granted a non-exclusive, limited, non-transferable licence to use the Towerhouse Services, access and view the Content, in accordance with these terms and conditions so long as your subscription to the Towerhouse Services remains in effect.

You may print Towerhouse Reports, you may use them as part of the information you gather in relation to a condominium property in order to make a recommendation to your client concerning the purchase or sale of a condominium property, and you may provide Towerhouse Reports to your clients, but only if each report you provide to your client is complete, and includes the following Towerhouse disclaimer in its entirety:

THIS IS A TOWERHOUSE REPORT

This Towerhouse Report contains information derived from Towerhouse Data Corp.’s (“Towerhouse”) proprietary database that helps to rank condominium properties against other condominium properties in the real estate market based on quantitative and qualitative measurements and assessments in accordance with Towerhouse’s proprietary methods. While Towerhouse uses its best efforts rank each property accurately based on information contained in its database, Towerhouse Reports are opinions only, and are designed to assist licensed realtors in providing advice and services to their clients. The Towerhouse Reports are not to be relied upon as the principal or primary basis for making real estate purchase or sale decisions. This Towerhouse Report is not intended to be relied on by you as financial or legal advice or as an endorsement or recommendation with respect to the suitability, or value of any particular condominium property. You must use your own judgment in making use of any Towerhouse Content and you remain solely responsible for your own research and purchase and sale recommendations and decisions. Towerhouse only provides Towerhouse Services to licensed realtors and strongly recommends that a realtor’s advice be obtained when deciding whether to purchase or sell a condominium property.  TOWERHOUSE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE INFORMATION AND SERVICES PROVIDED DIRECTLY OR INDIRECTLY BY TOWERHOUSE. WITHOUT LIMITATION AND NOTWITHSTANDING THE GENERAL NATURE OF THIS DISCLAIMER, IN NO EVENT SHALL TOWERHOUSE, ITS THIRD PARTY DATA PROVIDERS NOR ANY OF THEIR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOODWILL, EVEN TOWERHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. Licensed realtors, by providing Towerhouse Reports to their clients, whether or not they subscribe to the Towerhouse Services, agree to hold Towerhouse harmless from, indemnify and defend Towerhouse, its directors, officers and representative against any and all claims, demand for loss, liability or damage as provided in the terms and conditions which are available at http://twrhouse.wpengine.com/terms.

You may not otherwise reproduce or use Towerhouse Reports.

You acknowledge that Towerhouse monitors your use of the Content and Towerhouse Services. You agree that you will only use the Content and Towerhouse Services in keeping with these terms and conditions.

The Towerhouse Services and Content contain third-party content, such as information gathered from condominium status certificates, links to third-party websites, and advertisements. Your use of or reliance on third-party content is solely at your own risk. Content sourced from third parties is not under Towerhouse’s control.

You expressly agree that, to the maximum extent permitted by applicable law, the Towerhouse Services and Content are provided on an “as is” and “as available” basis and that your use of and reliance on the Towerhouse Services and Content will be at your sole risk.

Towerhouse does not warrant that its Towerhouse Services and Content will be available in a timely uninterrupted manner and you acknowledge that Towerhouse will, from time to time interrupt the Towerhouse Services for regular maintenance activities.  If at any time you are dissatisfied with the Towerhouse Services or Content for any reason, your sole remedy is to terminate your subscription as provided for in these terms and conditions.

Towerhouse may terminate your subscription to the Towerhouse Services at any time or revise, withdraw, discontinue, amend, or suspend any or all of the Towerhouse Services without prior notice to you and will not be responsible or liable in any way for changing or discontinuing the Towerhouse Services.

Towerhouse is based in Canada and for that reason these terms and conditions will be interpreted in accordance with the laws in force in the Province of Ontario, Canada, without regard to conflict of laws principles.

These terms and conditions replace all previous versions of the terms and conditions and Towerhouse may update or revise them at any time. Your continued use of the Towerhouse Services constitutes your agreement to be bound by the terms and conditions as amended or revised from time to time.

The parties agree that these terms and conditions and all related documents be drafted in English. Les parties consentent à ce que ces dispositions contractuelles et tous les documents qui s’y rapportent soient rédigés en anglais.