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2008 Kingsway, Vancouver

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2751 Kingsway, Vancouver

604 260 5266

info@liveatframe.com

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Terms & Conditions

Website and Mobile Application Terms and Conditions of Use

Peterson Group Properties (Canada) Inc., Peterson Marketing Inc., Peterson Commercial Property Management Group Inc., their respective parents, subsidiaries, and affiliated entities, (collectively, referred to herein as “Peterson,” “we,” or “us”) operate websites (“Website“) and mobile application (“Mobile App”) that are accessible to you as users (collectively referred to as “you”) subject to your acceptance of the Terms and Conditions contained herein.

The Website and Mobile App are not intended for use by individuals under the age of 13. By accessing or using our services, you represent and warrant that you are at least 13 years of age. If you are under 13, you must not provide any personal information or use the Website or Mobile App.

BY ACCESSING, BROWSING, OR USING THE WEBSITE OR MOBILE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST STOP USING THE WEBSITE AND THE MOBILE APP.

Ownership of Website and Mobile App

All right, title, and interest in the Website and Mobile App is owned by or licensed by us.  The materials provided on the Website and the Mobile App including, without limitation, all content, site design, text, graphics and images are protected by copyright, trademark and other intellectual property laws.  Any unauthorized use of such materials is strictly prohibited.  We reserve the right to take such steps as we deem necessary, including without limitation legal action, to restrain unauthorized activity.

User-Submitted Content

By submitting or uploading any content, materials, information, feedback, or communications (collectively, “User Content”) through the Website or Mobile App, you represent and warrant that:

  1. You own or have all necessary rights, licenses, and permissions to submit such content and grant the rights described below;
  2. Your submission does not infringe, misappropriate, or violate the intellectual property, privacy, or other rights of any third party; and
  3. Your User Content complies with these Terms and Conditions and all applicable laws.

You retain ownership of your User Content. However, by submitting User Content, you hereby grant Peterson a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, and otherwise exploit such content in any media now known or developed in the future, for any lawful business purpose, including but not limited to marketing, service improvement, and analytics subject to our Privacy Policy and applicable privacy legislation .

We reserve the right, but have no obligation, to monitor, review, remove, or disable access to any User Content that we determine, in our sole discretion, violates these Terms and Conditions or is otherwise objectionable.

You understand that we may use your ideas, suggestions, or feedback without any obligation to compensate you.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Website and the Mobile App are for your personal and non-commercial use.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any information or services obtained from the Website and the Mobile App without our express written consent, which consent shall be at our sole discretion.

Modification of these Terms and Conditions

We reserve the right to amend these Terms and Conditions at any time. Where changes are material, we will provide notice by posting the amended terms on the Website and the Mobile App, and, where appropriate, by email or other direct communication.  All amended Terms and Conditions will immediately become in force at the time of their posting.  Your continued use of the Website and/or the Mobile App following such notice will constitute your: (a) acknowledgment of the modified Terms and Conditions; and (b) agreement to abide and be bound by the modified Terms and Conditions.  You are encouraged to review our posted Terms and Conditions from time to time to ensure your continued agreement.

Disclaimer 

YOUR USE OF THE WEBSITE AND THE MOBILE APP AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR THE MOBILE APP IS AT YOUR OWN RISK AND WE ARE NOT RESPONSIBLE FOR ANY LOSS OF ANY DATA OR OTHER DAMAGE THAT MAY ARISE FROM THE USE OF THE WEBSITE AND THE MOBILE APP.

THE WEBSITE AND THE MOBILE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS OR COMPLETENESS OF THE INFORMATION ON THE WEBSITE AND THE MOBILE APP.

WE CANNOT AND DO NOT WARRANT THAT THE WEBSITE AND THE MOBILE APP WILL BE UNINTERRUPTED, SECURE, ERROR FREE, ACCURATE, COMPLETE OR CURRENT.  NOR DOES PETERSON MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND THE MOBILE APP OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED, THROUGH THE WEBSITE OR THE MOBILE APP.  THE INFORMATION ON THE WEBSITE AND THE MOBILE APP IS PROVIDED FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO BE LEGAL, FINANCIAL OR OTHER ADVICE.

ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE MOBILE APP IS DONE AT YOUR OWN DISCRETION AND RISK.  WE DO NOT WARRANT OR GUARANTEE THAT SUCH MATERIALS AND/OR DATA ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE THAT MAY DAMAGE OR INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFIT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE OR THE MOBILE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

YOU EXPRESSLY ACKNOWLEDGE THAT WE ARE MAKING THE WEBSITE AND THE MOBILE APP AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATION OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE CONTRACT BETWEEN US.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE MOBILE APP, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE MOBILE APP.

NOTHING IN THIS SECTION LIMITS ANY RIGHTS OR REMEDIES YOU MAY HAVE UNDER APPLICABLE CONSUMER PROTECTION LAWS IN YOUR PROVINCE OF RESIDENCE, TO THE EXTENT THOSE LAWS APPLY.

Unlawful or Prohibited Use

As a condition of your use of the Website and the Mobile App, you warrant to us that you will not use the Website or the Mobile App for any purpose that is unlawful or prohibited by these Terms and Conditions.

Without limiting the generality of the foregoing, you represent and warrant to us that you will not:

  • use the Website or the Mobile App to create products or perform services which compete or interfere with those offered by Peterson;
  • upload or otherwise transmit through the Website or the Mobile App any unlawful, harassing, false, misleading, libelous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature;
  • upload, transmit, or distribute any material that infringes on the intellectual property rights, privacy rights, or other legal rights of any third party;
  • attempt to gain unauthorized access to any portion of the Website or Mobile App, or any systems, networks, or data connected to or associated with them;
  • upload or transmit any material that contains viruses, malware, spyware, or other harmful code intended to damage or disrupt the operation of the Website, Mobile App, or any user’s device or software;
  • use the Website or Mobile App to engage in or facilitate any Distributed Denial of Service (DDoS) attack, flooding, spamming, mail bombing, or other activity designed to overwhelm, disrupt, or impair the functionality or availability of the Website, Mobile App, or associated infrastructure;
  • use any robot, spider, scraper, crawler, or other automated means (including AI systems or tools) to access, copy, index, or extract data or content from the Website or Mobile App, including for the purposes of training or developing machine learning models; and
  • interfere with, disable, circumvent, or attempt to probe, scan, or test the vulnerability of any security features or access control mechanisms of the Website, Mobile App, or related systems.

We reserve the right to investigate and take legal action against any violation of this section, including suspending or terminating your access and cooperating with law enforcement authorities where applicable.

Links to Other Sites

The Website or the Mobile App may contain links to other websites (“Linked Sites”) operated by parties other than us.  Such Linked Sites are not under our control and we are not responsible for the contents or any third-party privacy practices of any Linked Site.  Your use of Linked Sites is entirely at your own risk.

The Website and Mobile App may also incorporate third-party services, including chatbots, analytics, and payment gateways. These third-party services are not controlled by Peterson, and we do not assume responsibility for their functionality, content, privacy practices, or security. Your use of such third-party services is at your own risk and you hereby release us from all liability and/or damages that may arise from your use of them.

Privacy Policy

Your use of the Website or the Mobile App is also governed by our privacy policy which provides information on practices governing our collection, use and disclosure of personal information.  By providing personal information via the Website or the Mobile App you agree that we may collect, use and disclose your personal information as described in our privacy policy.  Our privacy policy forms part of the Terms and Conditions with you and is incorporated herein.

Electronic Communications

For information on the types of electronic communications, including email newsletters, account notifications, and marketing messages that you may receive from us and how you may update or withdraw consent to receive such commercial electronic communications, please read our privacy policy.

We comply with Canada’s Anti-Spam Legislation (CASL), and you may withdraw your consent to receive commercial electronic messages from us at any time, as outlined in our Privacy Policy.

By using the Website or the Mobile App and providing us with your contact information, you consent to receiving electronic communications from us, which may include service announcements, administrative messages, newsletters, marketing offers, and other information relevant to your use of our services. However, you can withdraw your consent at any time, although this may limit the services we are able to provide you.

You can unsubscribe or opt out of commercial electronic messages by using the unsubscribe link provided in the message or by contacting us directly as described in the Privacy Policy.

Indemnification

You agree to indemnify and hold us, our subsidiaries, affiliates, directors, officers and employees, harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Website or Mobile App or your breach of these Terms and Conditions.

Notice

Any notices may be given to you by any means including, but not limited to: (i) email; (ii) notices or messages posted on the Website and/or the Mobile App; or (iii) any other means by which you obtain notice thereof.

Termination

We may with or without cause at any time and without prior notice, immediately terminate our relationship with you or your ability to access the Website or the Mobile App thereof.  You agree that we may, in our sole discretion, terminate, block or suspend your access to all or part of the Website or the Mobile App for any reason, including, without limitation, breach of the Terms and Conditions.  Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.

Should you object to the Terms and Conditions or any subsequent modifications thereto or become dissatisfied with the Website or the Mobile App in any way, your only recourse is to immediately discontinue your use of the Website and the Mobile App.

Upon suspension or termination of your access to the Website or Mobile App, we shall not be liable to you or any third party for any claims or damages for any loss of data, content or services. Any fees paid in advance for services may be refunded at our sole discretion, subject to applicable laws.

Applicable Law and Governing Law

The Website and the Mobile App are intended for access and use in Canada.  We make no representation that the Website, Mobile App, or any related services are appropriate or available for use in other jurisdictions. Those who choose to access our Website and/or Mobile App from outside Canada do so on their own initiative and are responsible for compliance with applicable local laws. Accessing the Website or the Mobile App from territories where its content or services are illegal is prohibited.

These Terms and Conditions shall be governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction, and you agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada.

If you are a resident of the United States, any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or your use of our services shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will be conducted on an individual basis only, and you waive any right to participate in a class action, class arbitration, or other representative proceeding.

Entire Agreement and Severability

These Terms and Conditions, together with our Privacy Policy and any other legal notices or policies expressly incorporated herein, constitute the entire agreement between you and Peterson with respect to your access to and use of the Website and Mobile App, and supersede all prior or contemporaneous communications, understandings, or agreements, whether oral or written.

If any provision of these Terms and Conditions shall for any reason be held to be invalid, illegal, or unenforceable, that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity or enforceability of the remaining provisions, which will continue in full force and effect.

Headings

The section headings used herein are for convenience of reference only and do not form part of these Terms and Conditions.

Benefit of the Agreement

These Terms and Conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder without our prior written consent, which consent shall be at our sole discretion.

Accessibility Statement

Peterson is committed to ensuring digital accessibility for all users, including people with disabilities. We are continually improving the user experience for everyone and applying relevant accessibility standards in accordance with the principles of the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA.

While we strive to meet these standards, we do not guarantee that the Website or Mobile App is always fully accessible to all users. Peterson shall not be liable for any failure to meet accessibility standards or for any damages arising from such failure.

If you experience any difficulty accessing any part of our Website or Mobile App, or if you have feedback or suggestions for improvement, please contact us.

Contacting Peterson

If you have any questions about these Terms and Conditions in respect of this Website or the Mobile App, we encourage you to first contact us so we can attempt to resolve the matter informally. Please direct your inquiry to Peterson, 1701-1166 Alberni Street, Vancouver, BC, V6E 3Z3 or contact us at (604) 6884885.