Terms of Use

MARKETSCORE INC. (“MarketScore”) provides certain services (the “Services”) pursuant to the following terms and conditions (the “Terms”). Please review them carefully. You acknowledge, understand and agree that your use of our Web site WWW.MARKETSCORE.CA (the “Site”) and the Services provided to you are governed by these Terms which cannot be modified by you. By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification. MarketScore may amend these Terms at any time without notice by posting amended Terms on the Site. All amended Terms shall be immediately effective after they are posted on the Site. Herein, the terms “We”, “we”, “Us”, “us”, “Our”, and “our” refer to MarketScore. “You”, “you”, and “Users” refers to users of our Site. “Affiliates” refer to MarketScore’s subsidiaries, affiliates, suppliers, licensors, information providers, content partners, each of their employees or agents, and any other person or entity involved in creating, producing, or distributing the Site or MarketScore’s software.

You acknowledge, understand and agree with the following:

1. DESCRIPTION OF SERVICES

MarketScore provides an online service by giving registered and unregistered users an indicator as to the desirability of investment in particular real estate properties using a proprietary algorithm. An up or down indicator is given to all registered and non-registered users. Registered users are given a numeric score for each property searched, said score to be referred as a “Market Score”. MarketScore has the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.

MarketScore neither endorses nor is responsible for the accuracy or reliability of any information, report, opinion, advice or statement made on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

2. USE OF SERVICES

You shall use the Site for lawful purposes only and in accordance with these Terms, including but not limited to, the rules set out below. Any conduct by a User that in MarketScore’s discretion restricts or inhibits any other User from using or enjoying the Site will not be permitted.

For greater certainty, but without restricting the generality of the foregoing, you shall not:

A. permit anyone other than you to access your account;
B. use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
C. restrict or inhibit any other user from using and enjoying the Services;
D. create a false identity for the purpose of misleading others;
E. defame, abuse, harass, stalk, threaten or otherwise violate the rights (including legal rights of privacy and publicity) of others;
F. publish, post, transmit, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
G. post or transmit through the Site any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or
H. use the Site to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers, or to violate any applicable laws or regulations.

3. SERVICE PRICE

MarketScore shall set the price for a Market Score from time to time and shall publish the price (the “Market Score Price”) on the Site and/or on the site of any third party payment processing provider utilized by MarketScore to process payments of the Market Score Price. The Market Score Price shall be in Canadian dollars and exclusive of HST, which if applicable, shall be in addition to the Market Score Price. MarketScore may offer various bulk packages in which it may sell multiple credits to be applied to future Market Score purchases by a registered user (“Market Score Credits”). One Market Score credit shall be redeemable for one Market Score. Purchases of Market Score Credits shall be non-refundable and Market Score Credits shall be non-transferrable to any third party.

MarketScore shall reserve the right to establish subscription packages at MarketScore’s discretion, which provide for a number of Market Score Credits during a set term depending on which subscription package is selected by the registered user. MarketScore shall publish the specific price and number of Market Score Credits included for each subscription package on the Site and/or on the site of any third party payment processing provider utilized by MarketScore to process payments of the Market Score Price, and said subscription package shall be subject to change from time to time at MarketScore’s discretion. All subscription packages shall be automatically renewed at the end of the subscription term, unless the registered user provides MarketScore with notice of termination of the subscription seven business days prior to the end of the subscription term. All subscription packages shall be automatically billed on the first day of each month during the subscription term to the registered user’s credit card on file with MarketScore and/or any third party payment processing provider utilized by MarketScore to process payments of the Market Score Price.

4. DISCLAIMER

THE INFORMATION ON THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. BY USING THE SITE, YOU AGREE AND UNDERSTAND THAT MARKETSCORE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SITE, THE INFORMATION, THE CONTENTS, THE PRODUCTS, SERVICES OR ANY DOCUMENTS, ITEMS OR MATERIALS PROVIDED BY MARKETSCORE OR ITS PARTNERS OR USERS IN CONNECTION WITH THE SITE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ANY OTHER VIOLATION OF RIGHTS. FURTHER, MARKETSCORE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, QUALITY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE INFORMATION ON THE SITE OR OTHERWISE RELATING TO SUCH INFORMATION OR ON ANY OTHER SITES LINKED TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

IN ADDITION, MARKETSCORE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRENTATIONS REGARDING THE SECURITY OF ACCOUNTS, OR THAT THIS SITE IS FREE FROM DESTRUCTIVE MATERIALS, INCLUDING BUT NOT LIMITED TO COMPUTER VIRUSES, MALWARE, HACKERS, OR OTHER TECHNICAL SABOTAGE, NOR DOES IT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE FULLY ACCESSIBLE AT ALL TIMES, UNINTERRUPTED, OR ERROR FREE.

5. LIMITATION OF LIABILITY

IN NO EVENT SHALL MARKETSCORE OR ITS PARTNERS, AFFILIATES, MEMBERS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, EXEMPLARY OR CONEQUENTIAL DAMAGES, LOSSES OR EXPENSES FOR LOSS OF DATA, PROFIT OR VALUE, LOST REGISTRATIONS, LOST GOODWILL OR LOSSES DUE TO BUSINESS INTERRUPTION ARISING OUT OF THE USE OR INABILITY TO USE THE INFORMATION ON THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE NO MATTER THE CAUSE INCLUDING BUT NOT LIMITED TO MISTAKE, ERROR, OMISSION, INTERRUPTION, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, COMPUTER VIRUSES, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF DATA, OR UNAUTHORIZED ACCESS TO THE RECORDS, PROGRAMS OR SERVICES OF MARKETSCORE, EVEN IF MARKETSCORE OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF ANY SUCH DAMAGE OR EVENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL MARKETSCORE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE SITE OR CONTENT FOUND THEREIN.

6. INDEMNIFICATION

You agree to indemnify, defend and hold MarketScore and its affiliates, business partners, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your access to, use of or browsing on the Site or to your breach of these Terms of Use.

7. REVISIONS AND ERRORS

Although MarketScore uses reasonable efforts to include information which is accurate and current, the information appearing on the Site could include technical, typographical, or photographic errors. MarketScore does not warrant or guarantee the quality, accuracy, completeness or timeliness of the information provided. MarketScore may make changes to the information contained on the Site at any time without notice. MarketScore does not make any commitment to update the information nor is MarketScore obligated to update the Information.

8. MONITORING

MarketScore has no obligation to monitor the Site, however, MarketScore reserves the right to review the content of the Site and the Services to determine compliance with these Terms and to satisfy any law, regulation or authorized government request. MarketScore has the right, but not the obligation, to edit, refuse to post, or remove any information or materials, in whole or in part, that MarketScore deems inappropriate for the Site for any reason. MarketScore also reserves the right to disclose information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

9. EQUIPMENT

User is responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Site and all charges related thereto.

10. ACCOUNT, PASSWORD, AND SECURITY

If any of the Services require you to open an account, you must complete the registration process by (i) providing MarketScore with current, complete and accurate information as prompted by the applicable registration form, and (ii) choosing a password. Your account will be associated with the e-mail address that you provide when you open an account. You are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for any and all activities that occur under your account. You agree to notify MarketScore immediately of any unauthorized use of your account or any other breach of security. MarketScore will not be liable for any loss that you may incur as a result of someone else using your password or account, but you may be held liable for losses incurred by MarketScore or another party as a result of someone else using your account or password.

11. LINKS TO THIRD PARTY SITES

The links on the site will let the User leave the site. The linked sites are not under the control of MarketScore and it is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. MarketScore is not responsible for webcasting or any other form of transmission received from any linked site. MarketScore is providing these links to the User as a convenience only, and the inclusion of any link does not imply endorsement by MarketScore of the linked site.

12. PRIVACY

You agree that you have read the MarketScore privacy policy (“Privacy Policy”), the terms of which appear on the Site and are incorporated into these Terms of Use. You agree the terms of the Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by MarketScore in accordance with the terms of and for the purposes set forth in the Privacy Policy.

13. COMPLIANCE WITH LOCAL LAWS

You acknowledge that you have accessed the Site voluntarily and that you alone are responsible for ensuring compliance with local laws.

14. GOVERNING LAW

MarketScore controls the Site from within the Province of Ontario in Canada. The Site, however, can be accessed by all Canadian provinces and territories as well as from other places around the world. By accessing the Site, you agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these Terms of Use or any other agreement posted on the Site notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You and MarketScore hereby consent and submit to the exclusive jurisdiction of the Superior Court of the Province of Ontario in any action or proceeding instituted or related to the Site.

15. MISCELLANEOUS

In the event that any provision(s) contained within these Terms of Use is/are held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the remainder of this Agreement, and this Agreement shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s) had not been included in this Agreement.

MarketScore’s failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any term, provision, right or obligation.

16. CONTACT US

If you have any questions about these Terms of Use, please feel free to contact MarketScore at Info@MarketScore.ca.