Terms of Service
By using or accessing NiagaraRents.com (the “Site”), you acknowledge, agree to and are subject to the following terms and conditions (the “Terms”). If you do not fully agree to these Terms, you may not access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Dashwood Media Services (“NiagaraRents.com”, “Niagara Rents”, “we”, “us” or “our”).
1. The Site is a Venue.
1.1. PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION. We do not own nor can we contract for any property listed on the Site. Instead, the Site acts as a venue to allow a member of our Site (each, a “Poster”) to offer for sale or rent, in a variety of pricing formats, a specific property to potential buyers or renters (each, a “Consumer” and, collectively with a Poster, the “Users”). We are not involved in the actual transaction between Users. As a result, the quality, safety or legality of the properties advertised, the truth or accuracy of the ads (including the content thereof or any property or wanted ad), the ability of Posters to rent or sell property or the ability of Consumers to pay the Posters are solely the responsibility of the Users.
2. Personal Use.
2.1. We do not charge users to access the Site and research ads. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise properties, place wanted ads and/or research, view or make legitimate inquiries to other users regarding their interest in particular ads for their personal use, all in accordance with these Terms. Any other use of the Site is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that provide classified ads or property advertisements, or any subset of the same, or which is in the business of providing property services.
3. Proprietary Rights and Downloading of Information From the Site.
3.1. The Site is protected by copyright as a collective work and/or compilation, pursuant to North American copyright laws, international conventions, and other copyright laws. The text, files, images, photos, maps and other materials on the Site (collectively, the “Content”) are only for your personal use. All content on the Site, and the Site itself, is protected by copyright and database rights, and you will abide by any and all additional copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying or storing of any content for other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. As part of the inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one (1) copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form “©2010 Dashwood Media Services” as displayed on the relevant portion(s) of the Site that you desire to download, display or print.
4. Unauthorized Use.
Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
* Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
* Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
* Modify, translate into any language or computer language, or create derivative works from, any content or any part of this Site;
* Reverse engineer any part of this Site;
* Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
* Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
* Use the Site other than to advertise and/or research ads and to make legitimate inquiries to our users;
* Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
* Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
* Use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site, or any other computer systems or networks used by the Site, or infringes on our copyright or any copyright of our users;
* Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights;
* Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party; or
* Disguise the origin of the information transmitted through the Site.
* Offer to send cash, cheque, wire transfer, money order or any other form of payment to another user without ever meeting the user in person or without providing proof of identity to the user.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to email@example.com.
5. Changes to Site.
5.1. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability. Any reference made to the word “Lifetime”, in this document or anywhere within the Site, refers to the lifetime of the feature and not that of the user.
6.1. Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
6.2. This notice applies to all information collected or submitted on the Site. On some pages, you can order upgrades/products/subscriptions, make requests, send inquiries and register to receive materials.
6.3. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
6.4. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections on your behalf.
7. Data Transmittal.
7.1. Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the site from such user at locations both within and outside of North America.
8. Identity Verification.
8.1. User verification on the Internet is difficult and we cannot and do not confirm each user’s purported identity. We encourage you to communicate directly with other users through the tools available on the Site.
9. Limitations of Use of Other User’s Information;
9.1. You agree that, with respect to other users’ personal information that you obtain through the site or through any site-related communication or any site-facilitated transaction, we have granted to you a license to use such information only for: (a) any site-related communications that are not unsolicited commercial messages, (b) using services offered through the site, and (c) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information, and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
9.2. We do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a site user, even a user who has rented or sold a property from you or to you, to your mailing list (email or physical mail) without the user’s express consent.
10. Use of Email Tools.
10.1. You may not use the “Send Ad to a Friend” service or other email services that we may offer to send spam or otherwise send content that would violate these Terms.
11.1. We do not and cannot review all content posted to the site by users and we are not responsible for any such materials posted by users. All property ads on the site are submitted by the poster and are the responsibility of the poster, and we specifically disclaim any and all liability arising from the alleged accuracy of the ads or any alleged breaches of contract by a user. By accepting these Terms, you agree to indemnify and hold the site and any member of Dashwood Media Services harmless against all costs, expenses and losses arising out of a claim relating to the content of any advertisement. Posters are solely responsible for keeping their information up to date on the site, including, but not limited to any and all representations about any property, its amenities, location, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, reviews, property location, suitability, pricing or availability information published on the site is accurate or up-to-date even in the case where prospective tenants have searched for specific special offers, dates, or types of properties. Users are solely responsible for ensuring the accuracy of any ad on the site. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these terms.
12. Limitation of Liability.
12.1. IN NO EVENT WILL THE SITE, NIAGARARENTS.COM, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY, “DASHWOOD MEDIA SERVICES”) BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITE, THESE TERMS, YOUR USE OF THE SITE AND/OR ANY TRANSACTION BETWEEN USERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF DASHWOOD MEDIA SERVICES, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWO MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) 50 CANADIAN DOLLARS IN THE AGGREGATE.
13.1. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.2. YOU ACKNOWLEDGE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU ACKNOWLEDGE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
14.1. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND ANY MEMBER OF DASHWOOD MEDIA SERVICES, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
15.1. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND ANY MEMBER OF DASHWOOD MEDIA SERVICES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION), ANY CONTENT POSTED BY YOU TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
16. Choice of Law and Forum.
16.1. ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN CANADA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN ONTARIO, CANADA WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO.
17. Notification of Claims of Infringement.
17.1. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us for claims of copyright or other intellectual property infringement at:
Dashwood Media Services
10 Leaside Drive
St. Catharines, Ontario
Please include the following in your notice: (a) identify with specific detail the material on the site that you claim is infringing; (b) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (c) a statement by you declaring under penalty of perjury that (i) the above information in your notice is accurate, and (ii) you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (d) your physical address, telephone number and email address; and (e) your physical signature. We will thereafter remove the allegedly infringing content, subject to the procedures outlined in the Canadian Copyright Act.
18. No Agency.
18.1. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these terms or your use of the site.
19.1. Except as explicitly stated otherwise, any notices shall be given (in the case of you contacting us) by email to firstname.lastname@example.org or by postal mail to:
Dashwood Media Services
5 Carriage Road
St. Catharines, Ontario
or, when we need to send you notice, to the email address you provide to the site (in your case, and as applicable). Notice shall be deemed given upon receipt or 48 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration and/or post advertisement process (as applicable). In such case, notice shall be deemed given two days after the date of mailing.
20.1. We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these terms, in whole or in part, at any time. Notification of changes to these terms will be posted on the site and will be effective immediately thereafter. Your continued use of the site following the posting of any such change, modification or amendment will constitute your acceptance thereof.
21. Links to Third-Party Sites.
21.1. This site may contain links and pointers to other Internet sites, resources, and sponsors of the site. Links to and from the site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents thereof.
22. Your Record of These Terms.
22.1. We do not separately file the terms entered into by each user of the site. Please make a copy of these terms for your records by printing and/or saving a downloaded copy of the terms on your personal computer.
22.2. These terms constitute the entire agreement between us and you with respect to your use of the site. We may immediately terminate any user’s access to or use of the site due to such user’s breach of these terms or other unauthorized use of the site. Any cause of action you may have hereunder or with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises. Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms, and the remainder of these terms shall continue in full force and effect.
23. User Eligibility; Accuracy of Information.
23.1. Our site may only be used by users who can form legally binding contracts under applicable law. If you are registered as a business entity, you represent that you have the authority to bind the entity to this Agreement.
23.2. Each user further represents and covenants that any information submitted to the site during such user’s registration with the site shall be true and correct.
24. Content, Layout and Copy.
24.1. We reserve the right to determine in our sole discretion the final design, layout and functionality of our site, which is subject to change from time to time without notice.
24.2. We reserve the right, in our sole discretion, to review and edit copy or amend the content, layouts or photographs supplied by any user. All content and copy edits submitted by users are subject to review and approval by us in our sole discretion.
24.3. Notwithstanding our right to edit and amend the content, copy and photographs, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, ads, content and/or photographs or any change made to any content, photograph or copy submitted by any user or edited or amended by us.
26.1. All photographs submitted by a user are to be digital only. Paper photographs will not be accepted and will be discarded if mailed to us. Regretfully, we are unable to return such photographs to you or retain paper copies in our files.
26.2. By submitting a photograph either electronically through the site or by mailing a paper photograph to our office, the user represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that all people in the photograph have given permission for their likeness to be displayed publicly in an online advertisement, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the site and any member of Dashwood Media Services from any cause of action arising from any misrepresentation with respect to any and all the photographs submitted.
26.3 All photographs submitted by a user must be in a jpeg format and the file size must remain under two (2) Megabites in size.
27. Copyright Grant.
27.1. By accepting these Terms and by posting an ad on the site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the site or the websites of our affiliates, and you grant the site and Dashwood Media Services the ability to copyright and protect the images, copy, and content available via your ad from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. We need these rights to host and display your ad. You further agree to assist us and control-to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any user and each user will indemnify and hold harmless the site and any member of Dashwood Media Services against any action brought for breach of copyright or other rights from the use of such content supplied by such user. Each user hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any content posted or provided to us by such user.
27.2. Each user agrees that we may reproduce in whole or in part any photographic material supplied by such user in the promotion of either such user’s property or the promotion of the site.
27.3. It is the user’s responsibility to obtain reproduction permission for all photographic and other material used in their advertisements. The user warrants that he is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained.
28. Hypertext Links.
28.1. We reserve the right to refuse hypertext links to, or addresses of, other web sites from user’s pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge a fee for placing a hypertext links at any time without notice.
29. Posting Ads
29.1. The category a user chooses to post an ad, must be relevant to the ad.
29.2. One posting per street address only, unless posting multiple units with different rent amounts. Unit numbers/letters must be clearly present on all advertisements that have the same street address. The ad cannot be a mere example of properties in a given area. We reserve the right to amend the copy or remove any advertisement when more than one property is described in such advertisement, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming ad as compensation for the violation of this condition.
29.3. All ad descriptions must be free of email contact information to protect your email address from being obtained and sold by spammers.
30. Substitution of Properties.
30.1. Each advertisement may only relate to a specific property. The property in an advertisement may not be substituted by another property. If a poster submits changes to an existing ad that, if approved, would substantially alter the ad to make it that of another property, then we have the right to terminate the ad and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing ad as compensation for the violation of this condition.
31. Unauthorized Payment Methods
31.1. No user may request that another user mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a transaction. Any violation of this term may result in the immediate removal of the non-conforming ad from the site without notice to the user and without refund.
32. Termination of Ad/Account
32.1. No refunds will be granted at any time. Please take this into account prior to posting or upgrading ads. If you are dissatisfied with your initial upgrade, or ad posting, for ANY REASON during the first thirty (30) days of service, please contact us and we will try to resolve your issues.
32.2. We reserve the right to refuse in our sole discretion any advertisement submitted to us either through our online submission process or sent to our office for us to post onto the site. We may refuse to publish the advertisement for any reason, and each current or prospective user expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
32.3. If, in our sole discretion, any user submits unsuitable material to our site or into our database, persistently misuses the site or our online systems, or is in material breach of these terms, we reserve the right to remove immediately such user’s ad and account from the site without refund.
32.4. If we become aware of or receive a complaint from any person or entity regarding a user’s ad or rental practices that, in our sole discretion, warrants the immediate removal of such user’s allegedly offensive ad from the site (for example, and without limitation, if a landlord double-books a property for multiple tenants on the same date, or engages in any practice that, in our sole discretion, would be considered unfair within the rental or real estate industry, or if we receive a complaint that any ad’s content infringes on the rights of a third party), then we may immediately remove the allegedly offensive ad from the site without notice to the user and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive ad from the site without notice to the user and without refund.
32.5. If any user is in breach of these terms or its obligations to us then we may immediately remove such user’s ad from the site without notice to the user and without refund.
33. Transfer of Ad Posting.
33.1. No ad may be transferred to another party without our prior written permission.
34. Ad Upgrades
34.1. Upgrading your ad can be a useful tool and could potentially rent or sell your property faster. Ad upgrades are on a “per ad” basis. From time to time we may offer special upgrades which are on a “per account” basis and will be noted in the details of the upgrade.
34.2. Featured ads appear in the featured section which is located on the home page of the site. This featured section may have other ads which appear before or after your featured ad. There is absolutely no guarantee that your ad will be shown earlier than other ads in the featured section.
35.1. Payment for posting or upgrading ads must be made in Canadian Dollars by a major credit card using our payment processor Paypal. You do not need a Paypal account to pay with a major credit card, however, if you have a Paypal account associated with the credit card you intend to use, you must sign into your Paypal account to complete the purchase.
36. User Registry