2. SERVICES AVAILABLE ON THE WEBSITE Without restriction, we generally offer the following services through the Website: Rental property listing service and rent payment platform. The services we offer are subject to change over time. By using the Website, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.
3. OWNERSHIP OF YOUR FILES When you choose to upload documents or data (including any images or text), ELEV HOMES INC. does not review or pre-screen the contents of electronic data uploaded or posted to the Website (“Content”) and ELEV HOMES INC. claims no intellectual property rights with respect to the Content. However, by posting, uploading, inputting or submitting any Content whatsoever to the Website, you are granting ELEV HOMES INC. an irrevocable, royalty free licence while the Content remains uploaded to the Website, to use the Content for any purpose related to the use and promotion of its business and the Website, including the right to copy, distribute, edit, and publicly display such content with or without attribution.
6. TERMINATION You may cancel and terminate your Account at any time in accordance with the terms and policies posted on the Website. If at the date of termination of your Account, there are any outstanding payments owing by you to us, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
9. SECURITY BREACHES In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential. You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security. We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.
10. WARRANTIES AND REPRESENTATIONS We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.
12. AGE RESTRICTIONS Users under the age of 18 are permitted to access and use the Website, but are prohibited from submitting any personal information or other information that may be used to identify them. Users under the age of 13 are only permitted to access and use the Website while under the direct supervision of a parent or guardian.
14. WAIVER OF CLASS ACTION By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against ELEV HOMES INC. or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against ELEV HOMES INC. otherwise commenced. The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
15. GENERAL TERMS
c. NO WAIVER No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.
e. SEVERABILITY In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.