Acceptance of terms
Access to the site
Use of site information
You are permitted to view, copy, download and print Materials from the Site, provided that:
- You use the Materials for informational, personal and non-commercial purposes only; and
- APG reserves the right to revoke the authorization to view, copy, download and print the Materials at any time and any such use shall be discontinued immediately upon written notice from APG. The rights specified above to view, copy, download and print the Materials are not applicable to the design or layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
For permission to use third-party materials appearing on the Site, please contact the owner of such materials.
Content provided to APG or posted at any APG Website
APG does not claim ownership of the content, information or materials that you provide to APG (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting APG, its affiliated companies and necessary sublicensees permission to use your Submission, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights.
No compensation will be paid with respect to the use of your Submission, as provided herein. APG is under no obligation to post or use any Submission you may provide and APG may remove any Submission at any time in its sole discretion.
Upon reasonable request by APG, you will provide information related to any claim that your Submission infringes any third-party rights.
No additional rights
Disclaimer of warranties
Except as expressly provided in an end-user license agreement accompanying Software downloaded from the Site or otherwise in a written agreement between you and APG, all Materials on the Site are provided on an “as is” basis, without any other representations, warranties or conditions, express or implied, written or oral, including, but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, course of dealing or otherwise. You assume the entire risk as to the use of the Services of the downloading or other acquisition of any information, content or Materials through the Site, and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Without limiting the foregoing, APG makes no warranty that:
- The Site will meet your requirements;
- Your use of the Site will be uninterrupted, timely, secure or error-free;
- The results you may obtain from using the Site will be effective, accurate or reliable;
- The quality of any Products, Services or Information purchased or obtained by you from the Site will meet your expectations;
- Any errors in Software obtained from the Site will be corrected; and
- The Site or the servers that make it available are free of viruses or other harmful components.
Limitations on liability
APG may make changes to the Materials, including without limitation, the prices and descriptions of any listed products at any time, without notice. The Materials on this Site may be out of date and APG makes no commitment to update such Materials.
The Site could include technical or other mistakes, inaccuracies or typographical errors. APG assumes no responsibility for errors or omissions in the Materials and/or other Services, which are included on, referenced by or linked to this Site. References to other sites, services and products are provided “as is” without warranty of any kind, either express or implied.
In no event shall APG, its suppliers or licensors have any liability to you or any other person or entity for any indirect, incidental, special or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if APG has been advised of the possibility of such damages or they are foreseeable. APG is not responsible for claims by a third party. In no event shall APG’s (or its suppliers’ or licensors’) maximum aggregate liability to you for damages, losses and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise exceed $1 USD. The limitations in this section shall apply whether or not the alleged breach or default is a breach of fundamental condition or term or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Links to third-party sites
This Site contains links to other sites on the Internet that are not within APG’s control and are owned and operated by APG’s partners, customers and other third parties (the “External Sites”). APG will not review and makes no representations whatsoever about any External Sites to which you may have access through the Site. When you leave this Site and access an External Site, you do so entirely at your own risk and APG is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on the External Sites or for the quality of any products or services available on the External Sites. APG provides links to External Sites merely as a convenience.
You acknowledge and agree that the inclusion of such External Links does not imply that APG endorses or accepts any responsibility or liability for any content, advertising, products or other material that may appear on or may be available on, from or through any External Sites. You further acknowledge and agree that APG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of or reliance on any such content, advertising, products, or other materials.
The Site can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that APG intends to announce such products, services or programs in your country. APG makes no representation that Materials on this Site are appropriate or available for use in locations outside of Canada and the United States and access to the Materials from territories where they are prohibited is illegal. If you choose to access this Site from outside Canada or the United States, you do so on your own initiative and are responsible for compliance with local laws.
Choice of language
Choice of Law and Jurisdiction
This Site (excluding links to External Sites) is controlled by APG from its offices in Ottawa, Ontario, Canada, notwithstanding the physical location of the servers on which the content resides. By accessing this Site, you and APG agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Province of Ontario and the federal laws of Canada applicable therein. You and APG expressly disclaim all applicable choice of law or conflict of law rules and expressly exclude the United Nations Convention on Contracts for the International Sale of Goods. You and APG also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in Ottawa, Ontario with respect to such matters.
The following are trademarks or registered trademarks of Affiliated Property Group: logo and the combination logo and APG word mark. Other product and APG names displayed on the Site may be trademarks or registered trademarks of their respective owners.
Unless specifically noted to the contrary, the example companies, products, domain names, email addresses, logos, people and events depicted on this Site are fictitious and no association with any real organization, product, domain name, email address, logo, person or event is intended or should be inferred.
© 2011 Affiliated Property Group. All rights reserved.