Terms and Conditions – The Listing Place Inc.

Terms and Conditions – The Listing Place Inc. – Updated November 1, 2023.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE (thelistingplace.ca). All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. We reserve the right to update this policy at any time.

Welcome to The Listing Place Inc., the website and online services (“TLP”, “us”, or “we”). This page explains the terms by which you may use our online services and website. By accessing or using our website, you agree to be bound by these Terms and Conditions and to the collection and use of your information as set forth in the TLP Privacy Policy. This agreement applies to all visitors and account holders who access our website. 

Intellectual Property Rights

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the laws of Canada (Copyright Act), and other copyright laws, and is the property of TLP. The collective work includes works that are licensed to TLP. Copyright 2023, THE LISTING PLACE INC., ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by TLP. You further agree not to change or delete any proprietary notices from materials downloaded from the site. All trademarks, service marks and trade names of TLP used in the site are trademarks or registered trademarks of TLP.

Warranty Disclaimer

This site and materials on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, TLP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TLP does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. TLP does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Typographical Errors

In the event that any information regarding a listing to third party contacts are mistakenly listed, TLP reserves the right to modify as needed, and shall not be liable for any typo or inaccuracy of such information. 

Term and Termination

These terms and conditions are applicable to you upon your accessing the site. These terms and conditions, or any part of them, may be terminated by TLP without notice at any time, for any reason. The provisions relating to Intellectual Property Rights, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous shall survive any termination.

Use of Website

Harassment in any manner or form on the site is strictly forbidden. Impersonation of others, including TLP, any agents, contractors, subcontractors, employees or other representatives, as well as other visitors on the site, is prohibited. 

Participation Disclaimer

TLP does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view content on the site, TLP is not undertaking any obligation or liability relating to any contents or activities on the site. However, TLP reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to TLP in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless TLP, its affiliated and related entities, any listed agents, brokers, advertisers, contractors, subcontractors, and each of their respective officers, directors, employees, shareholders, representatives, licensees and assigns from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from: (i) your use of and access to the TLP website, including any data or content transmitted or received by you; (ii) your violation of any term of this agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; and/or (iv) your violation of any applicable law, rule, or regulation.

Limitation of Liability

To the maximum extent permitted by applicable law, TLP assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service (the “Service”); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; and/or (vi) any errors or omissions in any content posted, emailed, transmitted, or otherwise made available through the Service. In no event shall TLP, its affiliated, related and subsidiary entities, and each of its and their respective officers, directors, employees, agents, licensors and suppliers be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to TLP hereunder or $100.00, whichever is greater. No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose. 

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if TLP has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. 

Third Party Links

In an attempt to provide increased value to our visitors, TLP may link to sites operated by third parties. However, even if the third party is affiliated with TLP, TLP has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TLP. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, TLP seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Notice

TLP may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to TLP.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the Province of Ontario and under the federal laws of Canada applicable therein. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the courts located in the City of Toronto.

These terms and conditions, as well as all applicable policies, shall constitute the entire agreement between you and TLP concerning the use of our website. If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. 

No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and TLP’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision. 

Please contact us at info@thelistingplace.ca, or at 416.990.8399 with any questions regarding this agreement. 

TLP reserves the right to modify our terms and conditions at any time. By using our website, you agree to all of our Terms and Conditions.

Please also visit our Privacy Policy section which applies to information collected through our website.