Terms of Use

1.  Conditions of Use

You agree that by using or accessing the Ownly Services, you agree to comply with and be bound by the following terms and conditions (“Terms of Use”) and any Applicable Account Plan.

2.  Privacy

You agree that your use of the Ownly Services is also governed by our Privacy Policy, which you can review here.

3.  License to Use Ownly

Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Ownly Services.

4.  Acceptable Use

You agree to use Ownly Services in accordance with these Terms of Use and all applicable laws and regulations and you agree not to use Ownly Services to send data or content that is disparaging, threatening, abusive, defamatory, vulgar, obscene, sexually oriented, promotes violence, illegal activities, or constitutes or encourages conduct that would be considered a criminal offense, gives rise to civil liability or otherwise violates any law.

5.  Fees and Payment

Access to and use of Ownly Services are subject to the fees set out in the applicable subscription or plan.

6.  Accounts

In order to access certain features of Ownly Services, you may be required to register for an account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

7.  Term and Termination

These Terms of Use are effective until terminated by either you or Ownly. You may terminate these Terms of Use at any time by deleting your account or discontinuing your use of Ownly Services. Ownly may terminate these Terms of Use at any time, with or without cause.

8.  Holidays

If any of the payment due dates for the Ownly Services falls on a weekend or statutory holiday, then without any liability to you, Ownly may elect to debit your payment on either the next business day or on the original payment due date.

9.  Reservation Disclaimer

Absent an independently executed agreement between you and the builder, your reservation request does not create a contract. The builder shall have full and final discretion to accept reservations at any time. The builder reserves the right to close any home to reservations at any time.

10.  Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about Ownly Services (“Feedback”) provided by you to Ownly is non-confidential and Ownly shall be entitled to the unrestricted use and dissemination of such Feedback.

11.  User Content

You remain responsible for any data, information, text, software, sound, photographs, graphics, video, messages or other materials (“User Content”) that you submit, post or display on or through Ownly Services.

12.  Third Party Links

Ownly Services may contain links to third party websites. Ownly does not endorse and is not responsible for the content or privacy practices of those websites.

13.  Intellectual Property

You acknowledge that the Ownly Services and related technology, features and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio), and the design, selection, and arrangement thereof are owned by Ownly, its licensors or other providers of such material and protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

14.  Confidentiality

All information that Ownly obtains about you during the course of providing the Ownly Services will be treated as confidential.

15.  Disclaimer of Warranties

The Ownly Services are provided “as is” and “as available” without any warranties of any kind, whether express or implied.

16.  Limitation of Liability

In no event will Ownly, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, Ownly Services.

17.  Indemnification

You agree to indemnify, defend and hold harmless Ownly, its affiliates, licensors and service providers, and its and their respective employees, contractors, agents, officers and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms of Use.

18.  Assignment

You may not assign or transfer your rights or obligations under these Terms of Use without the prior written consent of Ownly.

19.  Governing Law

These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Alberta and the federal laws of Canada applicable therein, and the parties attorn to the exclusive jurisdiction of the courts located throughout Alberta.

20.  Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.

21.  Entire Agreement

These Terms of Use (including any documents referred to herein) constitute the entire agreement between you and Ownly.

22.  Waiver

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights.

23.  Notice

Any notice or other communication provided by Ownly under these Terms of Use, will be given: (a) by email; or (b) by posting to Ownly Services.