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LEGAL DISCLAIMER
THE FOLLOWING
ARE TERMS OF SERVICE; A LEGAL agreement between you and Wendel J. Bonair
(Wendel). Please read this Terms of Service document carefully before accessing
or using Wendel’s (ournegotiator.com, mylegacyagent.com) Web Site. By
accessing, browsing and/or using this Web Site, you acknowledge that you read,
understand and agree to be bound by these Terms and to comply with all
applicable Canadian and U.S. laws and regulations. If you choose to disagree
with these Terms, refrain from using this Web Site.
Wendel may modify this agreement at any time, and such modifications shall be
effective immediately upon posting of the modified agreement. You agree to
review the agreement periodically to be aware of such modifications and your
continued access or use of the service shall be deemed your conclusive
acceptance of the modified agreement.
Restrictions On Use Of Site
Wendel hereby authorize you to copy the materials published by Wendel on our
Web Site exclusively for your non-commercial personal use or non-commercial use
within your organization. The design and layout of the Web Site are specifically
excluded from said materials. No other use of said materials is authorized. In
consideration of this authorization, you agree that any copy made of said
materials, in whole or part, shall retain all copyright and other proprietary
notices contained herein or therein.
Property Rights
The products, services, technology and/or processes described in this
Web Site may be the subject of intellectual property rights reserved by Wendel or
other third parties. Nothing contained herein shall be construed as conferring
to you in any manner, whether by implication, estoppel or otherwise, any
license, title or ownership of or to any intellectual property right of Wendel
or any third party.
General Disclaimer
This Web Site is intended to solicit only those properties not currently
listed on the Toronto Real Estate Board's Multiple Listing Service or any other
MLS under the inference or the Real Estate Council of Ontario. Wendel has
compiled the Materials from internal and external sources. However, while Wendel
has made every reasonable effort to provide accurate information on the Web Site,
no representation is made nor any warranty given as to the completeness, accuracy
nor timeliness of the Materials. Be aware that the Materials may be incomplete,
may contain errors or may have become out of date. Therefore, kindly verify
information obtained from our Web Site before any action upon it is taken by you.
THE INFORMATION PROVIDED ON OUR Web Site
IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT
WENDEL SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY NOR INJURY CAUSED TO
YOU, INCLUDING, BUT NOT LIMITED TO: ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL
AND/OR INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY TO
ACCESS, THIS Web Site, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THE Web Site, EVEN IF WENDEL AND/OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Links To Third Party Web Sites: Framing
Our Web Site may provide links or references to other
Web Sites, including but
not limited to Web Sites provided by the government bodies, membership
organizations, securities exchanges and news wire services. Wendel has no
responsibility for the content of these other Web Sites, nor makes any
representations nor give any warranties with respect to any information
contained in or at these other Web Sites. Wendel shall not be liable for any
damages nor injury arising from the content of these other Web Sites. Wendel does
not endorse companies or products to which it has provided links. Any links to
other Web Sites are provided merely as a convenience to the users of our Web Site
and, if you decide to access any of the third party Web Sites linked to this Web Site, you do so entirely at your own risk. Wendel reserves the right to
terminate any link or linking program at any time. There may be circumstances
where access to our Web Site is provided by a hypertext link located at another Web Site. Wendel does not make any representations nor give any warranties with
respect to any information contained in or at those other Web Sites. Wendel shall
not be liable for any damages nor injury arising from the content of those other
Web Sites. Wendel does not endorse the individuals, companies or other similar
entities, nor any products or materials associated with such individuals,
companies or other similar entities, which provide a link to our Web Site at
their Web Sites.
You are given a
free, non-exclusive license to display Wendel’s Web Site logo or image subject
to and in accordance with the following terms and conditions:
You may include said image on your Web
Web Site for the sole purpose of
linking to our Web Site.
You may not make modifications to said image in any way.
You may post our graphics or logo or image to your own personal Web
Web Site or your company-owned Web Web Site that is involved with related
products or services and is within the industry groups that benefit
from Wendel’s service.
You may not post our graphics or logo or image to any other Web
Web Site,
Internet newsgroup, or any other networking application, or misrepresent our
products and services.
Wendel reserves the right to reject any request for a reciprocal link.
Wendel has no obligation to link to any Web Site where our graphics or logo or
image is displayed.
You must post these graphics, and implement the link to Wendel
(ournegotiator.com, mylegacyagent.com) in accordance with these Terms.
You may use only the graphics or logo or image for Wendel on the
'Link
to us' page, and
not any other content from Wendel (ournegotiator.com, mylegacyagent.com).
Wendel
(ournegotiator.com, mylegacyagent.com) reserves the
right to request the removal of our graphics or logo or image from Web Sites
which do not use them in accordance with these terms and conditions. Upon that
request, you will fully and immediately remove said link.
Updates
Certain information of historical and/or archival nature is made available
on the Web Site, including, but not limited to, press releases and statistical
reports; portions of which may become superceded or may be updated or
corrected. Wendel does not make any representations nor give any warranties with
respect to the timeliness nor completeness nor accuracy of such information and
shall not be liable for any damages or injury arising from reliance on such
information. The Materials published on our Web Site may include technical
inaccuracies or typographical errors. Changes including, but not limited to quoted prices,
may be made periodically to the Materials. Wendel may also
make improvements and/or changes in the products and services and/or the
programs described in the Materials at any time without notice. Wendel shall
have the right to revise these Terms at any time by updating this posting. By
using this Web Site, you agree to be bound by any such revisions and should
therefore periodically visit our Web Site to determine the up-to-date Terms to
which you are bound.
Disclosure: Forward-Looking Statements
Some of the Materials may contain statements and/or projections about
reasonably anticipated future events and/or financial or technical results that
are forward-looking in nature and subject to risks and uncertainties. Wendel
cautions you that the actual performance and results will be affected by a
number of factors, many of which are beyond Wendel’s control, and that future
events and results may vary substantially from what Wendel foresaw or currently
foresees. For those statements, we claim the protection of the safe harbor for
forward-looking statements provisions contained in the Private Securities
Litigation Reform Act of 1995. These factors that could cause the actual results
to differ materially from those contained in our projections or forward-looking
statements include, but are not limited to: changes in the overall economy;
technology; the number and size of competitors in its markets; law and
regulatory policy; and the mix of products and services offered in the Wendel's
target markets.
Products And Services Availability
Wendel is a real estate broker defined and licensed in accordance with and
under the Real Estate and Business Brokers Act in Ontario Canada. Therefore, our
Web Site may provide access to market-specific information, which information may
contain references or cross references to products, programs and services that
are not currently available in all markets where Wendel conducts business.
Wendel’s provision of references to such products, programs and services does
not necessarily mean or otherwise imply that the products, programs and services
announced or discussed are available in all markets where Wendel conducts
business.
Governing Law and Jurisdiction: Compliance With Laws
Canadian law and/or the laws of the Province of Ontario govern access to
this Web Site. Any legal action or proceedings that relate to your access to, or
use of, our Web Site shall be instituted only in a provincial or federal court
located in Markham, Ontario, Canada. You and Wendel agree to submit to the
jurisdiction of, and agree that venue is proper in these courts in any such
legal action or proceeding.
Waiver
No delay or omission by Wendel to exercise any right occurring upon any
non-compliance on your part, with respect to any of the terms of this Agreement,
shall impair any such right or power or be construed to be a waiver thereof. Any
waiver by Wendel of any of the covenants, conditions or agreements to be
performed by you shall not be construed to be a waiver of any succeeding breach
thereof or of any covenant, condition or agreement herein contained.
Trademark Information
"Wendel", "Simply… ‘the Choice’",
"Negotiating for You… Always" and Wendel’s logos and illustrations
are trademarks of Wendel and CCBonair Group. The Wendel trademarks and other
designated product and feature names and illustrations are trademarks of Wendel
and may be used publicly only with prior permission from Wendel. Fair use of
Wendel trademarks in advertising and promotion of Wendel products and services
requires proper acknowledgment.
Privacy Policy
Wendel’s privacy statement is designed to confirm your acknowledgement and
consent to the purposes for which Wendel may use and disclose the information
that you supply through this Web Site. The following text outlines our
information gathering and dissemination practices for this Web Site.
Password Protection
Portions of our Web Site are password protected to help safeguard member
information. A password chosen by the user provides access to the specific
information in this Web Site. As members of the Wendel’s online community, user
clients have access to their own information, information about products and/or
services that match their requirements, plus additional information and tools.
Select associates of Wendel have password-protected access to
candidate/client information. Wendel reserves the right to change passwords at
any time to protect the security of this Web Site. You are required to keep your
password for accessing our Web Site confidential. You are further required to
email us immediately at gatekeeper@ournegotiator.com
if you feel that your password has been compromised. If you forget your
password, email us at gatekeeper@ournegotiator.com
and we will issue a reminder of your password via email.
Surveys
From time to time, our online surveys ask you and other visitors for
feedback, contact and/or demographic information. Because we honour and respect
your privacy, we will not disclose your full name nor address on this Web Site.
We use contact data from our surveys to send you trusted information
about Wendel and his organization. Contact information is also used to contact
the visitor when necessary. Users may opt-out of receiving future mailings; see
the choice/opt-out section below.
Choice/Opt-Out
Our Web Site provides users the opportunity to opt-out of receiving
communications from us at the point where we request information about the
visitor. Our Web Site gives users the following options for removing their
information from our database, to not receive future communications or to no
longer receive our service. You can send an email to stopsending@ournegotiator.com
User Communication
Wendel is under no obligation to refrain from reproducing, publishing or
otherwise using communications you send to or receive from our Web Site or
otherwise send to or receive from Wendel by electronic mail or other electronic
means, including, but not limited to any ideas, inventions, concepts, techniques
or know-how disclosed therein, for any purpose, including the developing,
manufacturing and/or marketing of products or services incorporating such
information. You hereby give Wendel your consent to use data about you obtained
from communications you send to or receive from our Web Site or otherwise send to
or receive from Wendel by electronic mail or other electronic means.
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