Thank you for visiting the Converge Condo Management Inc. website and/or downloading our application on your device (collectively, use of the website or application services are referred to as this "Site"). The following are terms of a legal agreement between you and Converge Condo Management Inc. on its behalf and on behalf of its parent entities, its affiliates, third party service providers, and their successors and assigns, as applicable ("Converge Condo"). By accessing, browsing or using this Site, you are acknowledging that you have read, understood and accept the terms and conditions of this Agreement and the counterpart Privacy Policy provisions, and in relation to those effecting a download of the application, the Licensed Application End User License Agreement that is applicable to Apple AppStore downloads ("Apple EULA") shall also be operative (collectively, this "Agreement"). If you do not accept the terms and conditions of this Agreement, please disconnect from the website or uninstall the application immediately.
Please check this Site regularly for changes to this Agreement. Your continued use of this Site following the posting of any changes to this Agreement shall constitute acceptance of those changes.
1. Privacy and Purchase Terms
You may provide personal information to Converge Condo from time to time, including by operation of this Site. Such personal information is subject to and governed by Converge Condo's Privacy Policy, which is incorporated by reference. Any purchases of products or downloads from the Site will be governed by the additional terms and conditions applicable to such purchases as noted on the purchase pages.
2. Authorized Use of this Site
The information and materials in any medium contained in this Site, including but not limited to text, organizations of data, databases, downloads, streamed data, images, graphics, electronic icons, web page designs, or web processes embodied in the Site (collectively, the "Content") is owned or licensed by Converge Condo. Converge Condo authorizes you solely (a) to view or download a single copy of the Content, or such additional copies are required to effect the sale or lease of your condominium unit in regards to document packages purchased, but without any obligation or liability of Converge Condo in relation to such materials or information unless you have requested provision of a formal condominium document or estoppel package prepared by Converge Condo, and (b) to copy electronically, display and print hard copy portions of this Site, all for your personal and non-commercial use where related to services or products purchased or obtained from the Site, and for no other purpose. Any other use of the Content, including but not limited to, reproduction for commercial purposes, modification, transmission, display, distribution, performance, licensing, creation of derivative works or other exploitation, without prior written permission of Converge Condo, is strictly prohibited.
You may not use this Site for any purpose that is unlawful, unethical or contrary to the terms and conditions of this Agreement or any policies referred to in this Agreement.
You shall not use this Site in any manner that could damage, disable, or impair this Site or any related services in any way, or interfere with any other party's use of this Site or related services.
Without restricting the foregoing, by using the Site you agree that you will not do any of the following: (i) Restrict or inhibit any other user from using and enjoying the Site; or (ii) Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or (iii Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Converge Condo) or engage in spamming or flooding; or (iv) Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or (v) Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or (vi) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
Converge Condo has no obligation to monitor the Site. However, you acknowledge and agree that Converge Condo has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Converge Condo will not intentionally monitor or disclose any private electronic-mail message unless required by law. Converge Condo reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
You shall not attempt to gain unauthorized access to this Site or any services, systems, or networks howsoever linked to this Site through any means, including but not limited by password mining, spoofing or hacking. You shall not obtain or attempt to obtain any materials or information through any means not intentionally provided to you by normal operation of this Site.
3. Pricing Information
Without limiting any other provision of this Agreement, prices and service specifications may not be accurate or complete. Unless specified otherwise, all details referenced in this Site are for illustration only, and any calculation of price, taxes or other costs are provided as an estimate for your reference purposes only. Any final and binding obligations shall be subject to a final agreement entered into between the Converge Condo and a condominium project, or owner/renter.
4. Provision of Information by User
To the extent that you provide information to Converge Condo by operation of this Site where it is reasonable to expect that Converge Condo or its service providers may rely on this information, you represent that such information shall be accurate and complete, and you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Converge Condo has the right to terminate your account and refuse any and all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site.
By posting, uploading, inputting, submitting or otherwise providing any information or materials to this Site, you consent to Converge Condo's collection of such information, and you grant Converge Condo and its parent and affiliates the right to use such information or materials in any way without any obligation to compensate you in any way. To the extent that Converge Condo, its parent or its affiliates use such information or materials in any way to develop products, services or any related intellectual property, you acknowledge and agree that such products, and any intellectual property arising from such products or services, shall be exclusively owned by Converge Condo, its parent or its affiliates. You represent and warrant that by providing this information or materials that you have the right to do so, and to grant the rights referred to under this heading.
5. Modifications to Content
Converge Condo reserves the right to make changes to the Content, including all prices, services, products, terms, specifications and availability, at any time without notice. If a posted price for a product or service is incorrect, Converge Condo is only responsible for the correct price, which Converge Condo shall provide you with upon becoming aware of the error. Converge Condo reserves the right to refuse or cancel any orders for products or services listed at an incorrect price.
6. Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT ALL ELEMENTS, MATERIALS, INFORMATION, CONTENT, SERVICES ASSOCIATED WITH THIS SITE OR ANY LINKED SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION, WARRANTY, TERM OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR FUNCTION, SECURITY, ACCURACY, PERFORMANCE, TITLE AND NON-INFRINGEMENT. AS SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU IF PROHIBITED BY LAW.
7. Limitation of Liability
WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND ACCEPT THAT CONVERGE CONDO, ITS SUBSIDIARIES, PARENTS AND AFFILIATES SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGES, LOSSES, INJURIES OR EXPENSES OF ANY KIND HOWSOEVER ARISING FROM YOUR USE OF THIS SITE INCLUDING BUT NOT LIMITED TO (A) UNAUTHORIZED ACCESS TO, USE, ALTERATION OR DELETION OF TRANSMISSIONS OR DATA, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, SPYWARE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF INFORMATION PERTAINING TO ANY ACCOUNT ASSOCIATED WITH THIS SITE, OR (B) DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL CONVERGE CONDO, ITS SUBSIDIARIES, PARENTS AND AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY OR OTHERWISE INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (A) RELIANCE ON INFORMATION OR MATERIALS PRESENTED THROUGH THE SITE, (B) LOSS OF USE, DATA OR PROFITS,
(C) DELAYS OR BUSINESS INTERRUPTIONS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS SITE, WHETHER OR NOT CONVERGE CONDO, ITS SUBSIDIARIES, PARENTS AND AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT CONVERGE CONDO WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU. In no event shall the liability of Converge Condo exceed the aggregate compensation paid by the complainant in the prior six month period.
8. Links
This Site may contain links to third party web sites (*Linked Sites"), and may incorporate information obtained from third parties ("Third Party Information). Converge Condo is in no way responsible or liable for any Linked Sites or Third Party Information, including without limitation the accuracy, compliance with third party intellectual property, compliance with laws, or any other aspect thereof. Converge Condo is not responsible for any transmission of data or computer code received from a Linked Site. Access to any Linked Sites or Third Party Information is provided for convenience only and does not constitute an endorsement or approval of any kind by Converge Condo of the owners or operators of the Linked Sites or originators of any Third Party Information, or represent any association between Converge Condo and the operators of the Linked Sites or originators of the Third Party Information. Without limiting any of the foregoing, you are solely responsible for any dealings between you and the operators of any Linked Sites.
9. Intellectual Property Rights
Neither you nor anyone acting on your behalf, including your personnel, shall acquire any right, title, or interest to, or arising from, any intellectual property or other proprietary rights, including but not limited to any copyright, trademarks, patents, designs, or trade secrets, relating to the contents of this Site. You agree that your use of this Site and any Content is subject to Converge Condo's intellectual property therein, and that such intellectual property is valid and enforceable.
"Converge Condo, and all other trade-marks, symbols, trade names or slogans appearing in connection with this Site are registered or unregistered trademarks of Converge Condo or its licensors (the "Converge Condo Trade-marks"). The use of the Converge Condo Trade-Marks in any way without prior written consent from Converge Condo or its licensors is strictly prohibited.
All other trade-marks, symbols, trade names or slogans are the property of their owners.
Converge Condo may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its software and services ("Feedback"). You agree that Converge Condo may, in its sole discretion, use the Feedback you provide to Converge Condo in any way, including in future modifications of the Site, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Converge Condo a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.
10. Indemnity
You agree to defend, indemnify and hold Converge Condo, its employees, officers, and directors from all liabilities, claims, costs and expenses including reasonable legal fees and disbursements, that arise from your use or misuse of this Site, your non-compliance with this Agreement, or your violation of any third party rights. Converge Condo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Converge Condo in asserting any available defenses.
11. Violations; Termination
Converge Condo may in its sole discretion advise you of any inappropriate behavior on your part and any necessary corrective action. However, if you engage in any acts that Converge Condo in its sole discretion deems to constitute a violation of the terms and conditions of this Agreement, Converge Condo or its representative may take any responsible actions that they deem appropriate. Such action may include, but is not limited to, barring your access to this Site, or certain portions of this Site. These actions are not Converge Condo's exclusive remedies and Converge Condo may take any other legal, equitable, or administrative action it deems appropriate. Converge Condo further reserves the right to investigate suspected violations of the terms and conditions of this Agreement. You hereby authorize Converge Condo to cooperate with (A) law enforcement authorities in the investigation of suspected criminal violations and (B) system administrators at Internet service providers, network or computing facilities in order to enforce the terms and conditions of this Agreement. Such cooperation may include Converge Condo providing usernames, IP addresses, or other information identifying you.
This Agreement shall automatically terminate if you are in breach of any of the provisions contained herein. Converge Condo reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice.
If you believe that any material found on our site has been used in a manner that constitutes infringement of your copyrighted work, please provide written notice to us that includes the following information: (1) the signature of the owner or a person authorized to act on behalf of the owner of the work that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) a description of where the infringing material is located on the site; (4) your contact information (i.e. address, telephone number, and email address); (5) a statement by vou that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you that the information in our notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Converge Condo reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the Site (or any part thereof).
Converge Condo shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein. You agree to defend, indemnify and hold Converge Condo and its affiliates harmless from any and all claims, liabilities, costs and expenses, including solicitor and his own client costs, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms by you or users of your account.
12. Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. As detailed further in our Privacy Policy, you agree that in receiving services, we will communicate with you by e-mail, text or by posting notices on this Site. By using the Site and enrolling into the service, you agree that any interactions are solicited by you as a user and enrolled party to the email or text or other addresses provided, and that you consent to receive commercial electronic communications from us electronically in email or text or other electronic format for such period as you are using the Site and receiving services. As such, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication are with your express consent, at your express request, and satisfy any requirement that services or interactions be made in writing.
13. General Provisions
The suppliers, agents, distributors, dealers, and employees of Converge Condo are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on Converge Condo. Any waiver of the terms herein by Converge Condo must be in a writing signed by an authorized officer of Converge Condo and expressly referencing the applicable provisions of these terms. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Unless specifically provided herein, this Agreement constitutes the entire agreement between you and Converge Condo with respect to your use of this Site. This Agreement shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. In the event of a conflict between these Terms of Service and the Privacy Policy, and the Apple EULA, the Apple EULA shall firstly prevail, and thereafter, these Terms of Service shall prevail. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Site except as specifically set forth herein. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any disputes or legal proceedings arising out of or relating to this Agreement shall: (i) as they pertain to Converge Condo, at its election be determined via arbitration in the Province of Alberta, Canada (pursuant to the arbitration rules designated by Converge Condo), or (ii) in the courts in Province of Alberta, Canada in such city as may approved by Converge Condo. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Alberta, for any legal proceeding arising out of or relating to your use of this Site or this Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subiect to the same conditions as other business documents and records executed and maintained in the original form in which they were generated. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.
Document release date: May 11, 2020