Terms and Conditions
Effective Date: August 23, 2017
We reserve the right to change these Terms or to modify or discontinue the Services or Sites at any time. Changes will go into effect on the effective date shown in the revised Terms and notice of changes will be provided by posting the revised Terms on the Sites.
DESCRIPTION OF THE SITES AND ELIGIBILITY
The Sites are designed to give our customers and the general public an overview of us and our services. You do not need to register or create an account in order to browse the Sites. However, you may request additional information through the “Contact Us” feature, sign up to receive newsletters and updates through the “Research Reports” feature, and apply for a career with Avison Young through the “Join Us” feature.
The Sites are general audience websites and our services are not specifically designed or targeted at children. Individuals under the age of 18 are prohibited from providing Personal Information (as defined in our Privacy Notice) on the Sites.
In addition, the Sites are intended for viewing and use only in the countries in which we have licensed Company offices. Our office locations can be found here. The Sites do not purport to offer any services that require licensure, such as real estate services or mortgage brokerage services, in locations in which we are not licensed.
OWNERSHIP & COPYRIGHT
Ownership. The Sites, including their code, documentation, appearance, structure and organization, constitute trade secrets and/or copyrighted and/or proprietary material of Avison Young. Furthermore, all information, materials, functions and other Site content (including Submissions and non-personal aggregate data) provided on the Sites (collectively “Content”), such as text, graphics, images, etc., is our property and is protected by Canadian, U.S. and international copyright laws. You agree not to disclose, provide or otherwise make available such trade secrets, copy-righted or proprietary material in any form to any third party without our prior written consent or that of our licensors, as applicable. Title to the Sites, or any copy, modification, translation, partial copy, compilation, derivative work or merged portion of the Sites, will at all times remain with us, or our licensors, as applicable. You may not copy the written materials accompanying the Sites.
Proprietary Rights. Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on the Sites are our registered and unregistered Trademarks. Your use of the Sites does not grant you any express or implied licenses with respect to any Trademarks, software or other intellectual property.
Submissions. We are pleased to receive your feedback, comments, suggestions, and other submissions through the “Contact Us” feature of the Sites (collectively, “Submissions”). However, if you provide us with any Submissions through the Sites, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
INTERFERENCE WITH THE SITES & OTHER PROHIBITED ACTIVITIES
You agree that you will not attempt to interfere with the proper functioning of the Sites or to take any action that imposes an unreasonable burden on the infrastructure of the Sites. You further agree that you will not:
- harvest or otherwise collect or store any information (including Personal Information) about other users of the Sites;
- alter the transmission of data;
- use any means to scrape or crawl any Site pages or Content contained in the Sites (although we may allow operators of public search engines to use spiders to index materials from the Sites for the sole purpose of creating publicly available searchable indices of the materials);
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Sites;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Sites;
- for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Sites;
- resell information obtained from the Sites without our prior express written permission;
- use the Sites for unlawful or otherwise prohibited purposes;
- advocate, encourage, or assist any third party in doing any of the foregoing.
THIRD PARTY LINKS
The Sites may contain links to third party websites. If so, they are provided solely as a convenience to you. If you use such links, you will leave the Sites. We have not reviewed all such third party sites (if any) and we do not control, and are not responsible for, any of these websites and their content. We do not endorse or make any representations about such websites or any information or materials found there, or any results that may be obtained from using them. If you access any third party websites linked from the Sites, you do so at your own risk.
We may display URLS or icons which allow Site users to link to third party websites such as social medial sites. If you link to the Sites from those websites:
- The websites shall not imply, either directly or indirectly, that we are endorsing its products, services, mission, beliefs, or any other aspect of the site or those sponsoring the site;
- The websites shall not use any of our Trademarks or the Trademarks of our licensors;
- The websites shall not disparage Avison Young, our officers, agents, employees, or services in any way or otherwise negatively affect or harm our/their reputation and goodwill;
- The websites shall not present false or misleading information about us;
- The websites shall not misrepresent any relationship with Avison Young;
- The websites shall not replicate in any manner any content in the Sites; and
- The websites shall not create a browser or border environment around Site material.
DISCLAIMERS, LIMITATION OF LIABILITY & DAMAGES
Applicability. Some jurisdictions do not allow this kind of limitation or exclusion of liability, so some of the below limitations may not apply to you.
General Disclaimer. While we strive to ensure the information on the Sites is accurate, all Content is provided “as is,” “as available,” and without warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility, and noninfringement.
We do not warrant that the Content is accurate, error-free, reliable or correct, that the Sites will be available at any particular time or location, that any defects or errors will be corrected, or that the Sites or the servers that make such Content available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of any Content and you hereby irrevocably waive any claim against us with respect to Content. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage that results from the download of any such material.
No legal, financial, or professional, advice. The Sites are not intended to, and do not, constitute legal, financial, or professional advice and are not intended to be a substitute for consultation with a licensed commercial real estate broker or other advisors. Reliance on any information appearing on the Sites is strictly at your own risk.
Limitation of Liability & Damages. Under no circumstances, shall we, or our licensors, be liable for any direct, indirect, incidental, special or consequential damages, including lost profits, however arising out of or in connection with the Sites or these Terms.
You agree to defend, indemnify and hold us, our affiliates and any of our/their respective directors, officers, employees, agents or content or service providers harmless from any and all third party claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Sites, your violation of these Terms or your posting or transmission of any materials on or through the Sites.
Governing Law. We operate the Site from the United State. By using the Sites, you agree that this Agreement shall be construed in accordance with the laws of the State of Illinois, without regard to any conflict of law provisions, and that any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Illinois, Cook County and/or the Northern District of Illinois.
ADDITIONAL LEGAL TERMS
Privacy. The use of your Personal Information is governed by the terms of our Privacy Notice.
Severability. Each section of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Sections will remain in full force and effect.
No Waiver by Delay. You are still obliged to comply with these Terms even if we do not immediately insist that you do anything you are required to do herein. Similarly, if we delay in taking steps against you for a violation of these Terms, it does not prevent us from taking steps against you at a later date.
Transfer by Company. We may transfer our rights and obligations under these Terms to another organization – for example, someone who buys our business. We will notify you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.