Terms of Service

TERMS OF USE AGREEMENT


Introduction

This Beacon Lane Terms of Use agreement (the "Terms") is a legal agreement between you and Beacon Lane Inc. ("Beacon Lane", "we", "us" or "our") providing, among other things, the terms and conditions for your use of our web site accessible at https://www.BeaconLane.com (the "Site"). The Terms also apply to all other Beacon Lane websites, apps, developer platforms and other products and services (collectively, including the Site, referred to as the "Services").

We may modify the Terms from time to time, and if we make material changes to it, we will provide notice through our Service, or by other means so that you may review the changes before you continue to use our Services. If you object to any changes, you may close your account and/or discontinue using our Services. Continuing to use our Services after we publish or communicate a notice about any changes to the Terms means that you are consenting to the changes.

We reserve the right to refuse to provide our products and services to anyone at any time. The Terms contain warranty and liability disclaimers. By using the Services, you accept and agree to the Terms without any reservations, modifications, additions, or deletions. If you do not agree to the Terms, you are not authorized to use our Services. You may be denied access to the Services with or without prior notice to you if you do not comply with any provisions of the Terms.

1. Users

1.1. General

Beacon Lane partners with but is not itself a real estate brokerage and is not in the business of buying, selling or leasing real estate, or representing property owners, buyers, lessors or lessees. First and foremost, Beacon Lane is a platform for individuals to connect regarding properties for sale or lease.

Our registered users ("Members") can choose to share their identities and engage with other users. Content on some of our Services is also visible to unregistered viewers ("Visitors"). Together, our Members and Visitors are referred to as our "Users".

On our Services, our Users may make postings ("Postings") that are visible to other Users, including Visitors.

1.2. Age Requirement

In order to use our Services, you must be at least 18 years of age. You represent that you have read, understood, and agree to be bound by the Terms and you are at least 18 years old.

If you do not agree to, or cannot comply with, all of the Terms, please do not attempt to access these Services.

1.3. Registration, Subscription, Cancellation, Credit Card Information

We reserve the right to restrict certain areas of information on our Services to our approved registered and/or subscribed Users.

Purchases will require the authorization of a credit card. You can cancel a membership at any time through the Site or by communicating directly with Beacon Lane through our publicly available contact information.

Beacon Lane does not collect or hold credit card information and therefore Beacon Lane will not be responsible for any losses arising out of the unauthorized use of your credit card account and you agree to indemnify and hold harmless Beacon Lane, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your credit card account.

1.4. Account Information

In the event that any area of the Services requires you to register and/or subscribe with us prior to our granting you access to such area, you agree to provide truthful and accurate information, including but not limited to a Member name and password as well as your name, address, telephone number and a valid email address (the "Account Information"). You are not permitted to create an account for another person and you are not permitted to have more than one account. You agree to update your Account Information as necessary to keep it accurate. Beacon Lane will use your Account information in accordance with its Privacy Policy, as described further in and appended to the Terms.

If you indicate to us that you are represented by a Realtor, you grant us and our partnering brokerage(s) permission to contact your representative directly. You are solely responsible for maintaining the confidentiality of your Member name and password and you agree to notify us immediately of any unauthorized use of your Member name, password or account. Beacon Lane will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless Beacon Lane, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.

2. License and Restrictions

2.1. Grant of License

Beacon Lane grants to you a limited, non-exclusive, non-transferable license to access and use the Services in accordance with the Terms. Beacon Lane reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the Services not specifically permitted under the Terms is strictly prohibited.

2.2. Restrictions and Rules

You agree that you will not:

(i) create a Posting on our Services for a property that is already listed or under contract with an agency unless you have the express permission of your listing agency.

(ii) use the Services to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without Beacon Lane's express written permission;

(iii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on the Services;

(iv) use our Services in any way that violates the Terms. The Services are owned by Beacon Lane and are protected by the laws of Canada and the United States of America, as well as international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under the Terms. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of the Terms is void;

(v) impersonate any person or entity or misrepresent your affiliation with any other person or entity;

(vi) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the Services; or

(vii) attempt to gain unauthorized access to other computer systems through the Services.

You agree that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services.

Subject to any exceptions set forth in the Terms, or additional policies, if any, you agree that you will not:

(i) include web or other links that do not conform to Beacon Lane's policies with respect to third-party links;

(ii) use certain types of HTML and JavaScript in Postings, profiles or listings; or

(iii) use profanity or include any obscene or objectionable content in any Posting or any other communication.

3.3. Consequences

If a User violates the Terms, Beacon Lane, in its sole discretion, may:

(i) Edit, delete or otherwise remove any Posting;

(ii) limit the User’s account privileges;

(iii) terminate the User’s account; and/or

(iv) take any other lawful action that Beacon Lane deems reasonably necessary to protect the integrity of its Services.

3. Financial Matters

3.1. Payments

As applicable, you agree to pay all fees and other charges to your User account based on Beacon Lane's fees, charges, and billing terms that are then in effect. If you are delinquent in your payments or if Beacon Lane is unable to charge your credit card or other payment method for any reason, Beacon Lane reserves the right to either suspend or terminate your access to the Site and other Services.

You are expressly agreeing that Beacon Lane is permitted to charge you for any applicable fees, tax or other charges that you may incur in connection with your use of the Services and that such fees will be billed to your credit card or other payment method designated at the time a purchase is made or a fee-based service is registered for. If you have a balance due on any account, you agree that Beacon Lane may charge unpaid fees to your credit card or otherwise bill your online wallet for unpaid fees.

3.2. Taxes

You are solely responsible for determining your own tax reporting requirements and for the collection, withholding, reporting and remitting of federal and provincial taxes which are required to be paid to the appropriate tax authorities in connection with your use of the Services.

4. User Acknowledgements

Users acknowledge and agree that they will not rely on any information or resources contained on the Site or other Services, as a substitute for any professional, financial, legal or other advice.

Beacon Lane makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a User following the information or using the resources offered or provided on or through the Site or other Services. In no way will Beacon Lane be responsible for any actions taken or not taken based on the information or resources provided on the Site or other Services. If you have a situation that requires professional advice, you should consult a qualified professional. Do not disregard, avoid or delay obtaining professional advice from a qualified professional because of information or resources that are provided through the Services, however provided.

Each User hereby acknowledges and agrees that Beacon Lane is NOT a party to any agreement, contract or understanding, whether verbal or written, entered into between Users in connection with any Postings, service or other information offered, directly or indirectly, through the Services.

5. Copyrights, Trademarks and Other Intellectual Property

As between you and Beacon Lane, you acknowledge that Beacon Lane owns or has a license to all title and copyrights in and to the content provided on the Site or other Services. All title and intellectual property rights in and to any licensed content provided on these Services is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

The following are registered trademarks or trademarks of Beacon Lane: Beacon Lane and its design logo, as well as certain other Beacon Lane trademarks, service marks, graphics, and logos (collectively, the "Beacon Lane trademarks") used in connection with Beacon Lane's provision of products and services. The Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the Beacon Lane trademarks or the trademarks of any third party.

6. Privacy

Unless otherwise addressed in the Terms, your use of the Services is subject to Beacon Lane's Privacy Policy, which is incorporated by reference and made a part of the Terms. Beacon Lane may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an alleged illegal action or infringement whether related or unrelated to your use or misuse of these Services.

7. Submissions or Other Information

If you submit to us or post on the Services any listing, comment, or any work of authorship (collectively a "submission"), such submission will not be confidential or secret, and may be used by us in any manner. Do not submit or send any submission to us that you consider contains confidential or proprietary information. By submitting or sending a submission to us, you:

(i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any "moral rights" in such submission have been waived, and

(ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

8. Terms

The Terms will remain effective until terminated by you or terminated by us.

You may terminate the Terms at any time by deleting your account. Beacon Lane may also terminate the Terms at any time without notice, and accordingly may deny you access to Services, if in our sole judgment you fail to comply with any term or provision of the Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms for all purposes.

If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

9. Disclaimers and Waivers

The Services and their content are provided to you "as is." Any use of the Services is at your own risk. To the maximum extent permitted by law, Beacon Lane disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Beacon Lane makes no representations, warranties or guarantees that these Services will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and Beacon Lane disclaims any liability relating thereto.

Beacon Lane makes no representations, warranties or guarantees that use or results of the use of the Services (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, Beacon Lane may modify, suspend, or discontinue any aspect or feature of these Services or your use of these Services. If Beacon Lane elects to modify, suspend, or discontinue the Services, it will not be liable to you or any third party.

All listed information contained within these Services is subject to the possibility of error and omission, and withdrawal without notice. You and your professional advisors should conduct your own investigation of any information listed on these Services and any contemplated related transaction.

You acknowledge that your submission of any information to us is at your own risk. Beacon Lane does not assume any liability to you with regard to any loss or liability relating to such information in any way.

Beacon Lane assumes no responsibility for third party content, products or services.

10. Limitation of Liability

In no event will Beacon Lane be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if Beacon Lane has been advised of the possibility of such damages. No oral or written information or advice given by Beacon Lane or others will create a warranty and neither you nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.

11. Indemnity

You will indemnify and hold Beacon Lane, its directors, officers, employees, affiliates, agents, contract employees and licensors harmless with respect to any suits or claims arising out of

(i) your breach of the Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or

(ii) your use or misuse of the Services.

12. General

Beacon Lane complies with all applicable laws, including, but not limited to, privacy laws and individual state or provincial laws with respect to on-line listing and communication services. You agree that you will comply with all such laws applicable to you.

The Terms will be governed by the laws of the Province of Nova Scotia, Canada. The exclusive jurisdiction for any claim, action or dispute with Beacon Lane or relating in any way to your use of the Services will be in the provincial and federal courts of the Province of Nova Scotia, Canada and the venue for the adjudication or disposition of any such claim, action or dispute will be in the City of Halifax, Nova Scotia, Canada.

Beacon Lane may send notices to you with respect to your use of the Services by sending an email message to the email address listed in your account information, by sending a letter via U.S. Mail or Canada Post mail to the contact address listed in your account information, or by a posting a note on the Services when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.

You acknowledge that you have read the Terms, understand them and will be bound by them. You further acknowledge that the Terms represent the complete and exclusive statement of the Agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of the Terms.