These terms and conditions of use (these "Terms") are a binding contract between Entrata Canada, Inc. ("Entrata"), the legal entity that owns or manages the property displayed on this website (the "Property Management Company", and together with Entrata, "we", "our" or "us") and you ("you" or "your"). By using ProspectPortal® (the "Site"), you agree to be bound by these Terms. The Site is being provided by Entrata on behalf of the Property Management Company.
By using the Site, you hereby warrant that you are of legal age in the province or territory of your residence or have parental consent or the consent of the party with parental authority over you to enter into, and you hereby agree to be bound by these Terms. If you do not agree to all these Terms, you are not authorized to use the Site and must immediately cease use thereof. The Property Management Company and Entrata on the Property Management Company's behalf, provide the information and services on the Site to you conditional upon your acceptance, without modification, of the Terms.
Clause applicable to Canadian consumer other than those resident in Quebec
We may modify any portion of these Terms at any time provided:
- we give you a minimum of thirty (30) days written notice of such modification before it becomes effective; and/or
- to the extent the applicable laws of your jurisdiction require express agreement to the applicable modification, we have obtained your express consent.
The notice contemplated in (i) above will set out how you can accept or reject the applicable change as required by the applicable laws in your jurisdiction.
Clause applicable to Quebec consumers to whom the Quebec Consumer Protection Act applies.
We reserve the right to modify any of the sections of these Terms from time to time. In Quebec, we will send you a written notice at least 30 days before the amendment comes into force setting out the new clause only, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment. If the amendment entails an increase in your obligations or a reduction in our obligations, you may refuse the amendment and cancel the contract formed by these Terms without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force.
We will also make you aware of material changes to these Terms by visibly posting them on the Site. Once changes are effective, they will apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. We recommend that you check this page form time to time so you are aware of any changes, as they are binding on you in accordance with these Terms. The Site is hosted and maintained by Entrata on behalf of Property Management Company, and Property Management Company is the legal entity that owns or manages the properties displayed on the Site.
By using the Site, You agree to the following:
1. Agreement to Deal Electronically; Electronic Communications and Notices.
All of your transactions with or through the Site may, at our option and with your consent, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw such consent or if we are ever required to deal with you non-electronically, to the extent permitted by applicable law, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
By clicking "Submit" on any step of a transaction within this Site, you are agreeing to conduct such transaction by electronic means. You understand that by clicking the box titled "I agree to the Terms & Conditions," you are agreeing to conduct an electronic transaction and to use and receive communications through electronic means. You agree to enter the requested information electronically via the Internet, and to be notified regarding any transaction electronically through the email address you have provided. You are solely responsible for ensuring the completeness and accuracy of the information you enter, and you hereby agree to defend, indemnify and hold harmless Entrata, Property Management Company, their affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to the information you enter. You understand that electronically signed documents have the same legal effect as hard copies with ink signatures. You understand that you may refuse to conduct other electronic transactions in the future. Your transaction, if applicable, is subject to your acceptance of these Terms and conditions, which are agreed upon at the time you proceed with your transaction. This agreement supersedes any agreement, in regards to the matters covered here, with your Property Management Company, or the owner of the merchant account to which you are submitting an electronic payment. You hereby agree as follows.
By making your payment and providing the information needed to process your chequing, savings account or credit card account, you acknowledge that you have read and understand the Terms and conditions contained herein.
Except as otherwise provided in these Terms and as permitted by applicable law, Entrata will give you any notices regarding the Site by posting them on the Site. You also authorize Entrata or Property Management Company to send notices (including notice of subpoenas or other legal process, if any, and including any notices sent by Entrata or Property Management Company's behalf) via electronic mail to the extent permitted by applicable law. You must check the Site for notices, and you will be considered to have received a notice when it is posted on the Site, or when sent by us via electronic mail. You must keep your email address current and any notice sent by Entrata or Property Management Company to an email address that you have provided to us will be considered effective notice.
2. Unauthorized Use of Your Password.
All instructions transmitted by or received from anyone presenting your password or other credentials on the Site are binding to you. You agree that you are solely responsible for all transactions or acts that are validated through use of your password or other credentials, whether or not made with your knowledge or authority. You agree to guard your password and other credentials carefully, with the full awareness that a failure to keep them secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you ever suspect that someone who is not intended to have authority to act on your behalf may have obtained access to your password or any other credential, please contact Entrata immediately. You can authorize Entrata, as the manager of the Site, to refuse to accept any further transactions initiated under that password on your behalf and Entrata will use commercially reasonable efforts to block such transactions. Property Management Company and Entrata have no liability for transactions initiated under your password without your authorization.
3. License to Use the Site.
License: We hereby grant you a limited, revocable, non-transferable, nonsublicensable license to access and use the Site solely for your personal use for purposes of accessing the information provided on the Site. The alteration, removal, or obliteration of any copyright and trademark notices is strictly prohibited. As between you and Entrata, we retain all right, title, and interest in and to the Site. Except as provided in these Terms, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The Site and all content contained thereon is protected by copyright and intellectual property rights under both Canadian, United States and applicable foreign laws and all rights not expressly granted are reserved by Entrata or Property Management Company, their affiliates, and their partners, as applicable. Subject to applicable law, Entrata reserves the right to suspend or deny, in its sole discretion exercised reasonably, your access to all or any portion of the Site with or without notice.
The license in this Section 3 does not include permission to copy the design elements, "look and feel" or layout of the Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in these Terms, neither Entrata, Property Management Company, nor any third party has conferred upon you any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.
4. Submission of Comments; Prohibited Content and Conduct.
Any comments or suggestions that you provide to Entrata, for example, feedback or ideas in response to a customer survey regarding the Site, product or content reviews, suggestions, concepts, or other feedback are collectively deemed "Submissions". Except to the extent prohibited by applicable law, none of the Submissions will be subject to any obligation of confidentiality on our part, and we will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant us a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, we will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, we may sublicense these rights to third parties.
Under no circumstance are we responsible for any Submission to the Site or for the content of that Submission, nor shall we be held liable for any of the claims made therein. We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions they express are solely those of the original contributor.
You must not do or attempt to do any of the following, as reasonably determined by us, subject to applicable law:
- Post to the Site or provide any Submissions that is or appears to be the following:
- untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or discriminatory or otherwise objectionable; any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, that would constitute or encourage a criminal offense or violate the rights of anyone, or that would otherwise give rise to liability or violate any law.
- infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any content that is the subject of any claim of infringement;
- of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
- unsolicited, undisclosed or unauthorized advertising;
- software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient;
- data or information obtained through access that was not authorized by the owner, or that you are not authorized to post;
- in violation of any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or that constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
- access, tamper with, or use services or areas of the Site that you are not authorized to access;
- alter information on or obtained from the Site;
- tamper with postings, registration information, profiles, submissions or content belonging to the Site or other users of the Site;
- use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail", "spam" or "chain letters";
- frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by us;
- impersonate or misrepresent your affiliation with any person or entity;
- reverse engineer any licensed software, application, or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site; or
- take any action which might impose a significant burden (as reasonably determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
5. Your Representations and Warranties.
You represent and warrant for the benefit of Entrata, Property Management Company and their licensors and suppliers that:
- you are at least of the age of majority in the province or territory of your residence or have parental consent or the consent of the party with parental authority over you;
- all information that you submit to us is true, accurate, and current and that you own all rights in your Submissions or, alternatively, you have sufficient rights in your Submissions to grant us the rights described in these Terms; and
- you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
6. Personal Information
7.1 You agree to defend, indemnify and hold harmless Entrata, Property Management Company, their affiliates, licensors and service providers and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fess (including reasonable legal fees) arising out of or relating to your violation of these Terms or your wrongful use of the Site, including, but not limited to, the Submissions provided by you, any use of the Site's content, services and products other than as expressly authorized in these Terms or your wrongful use of any information obtained from the Site or your violation of any law. Neither Entrata nor Property Management Company will be responsible or liable for unauthorized access of facilities or to your data or programs due to accident, illegal or fraudulent means or devices.
7.2 We will not be liable for performance of services where delayed by an act of force majeure including but not limited to: war, riot, embargoes, strikes, or acts of our vendors and suppliers, concealed acts of workmen (whether ours or others), or accidents. The indemnification provided for in this article shall survive any termination of these Terms. You declare the following:
- That all representations and statements made by you or on your behalf in these Terms, or in any other document relating hereto, are true, accurate and complete in all material respects.
- Where applicable and appropriate, you agree to maintain and promptly update your registration or payment information to keep it true, accurate, current and complete.
- Failure to provide or maintain accurate and current data that is being passed to and from you will result in breach even if we have been advised of the possibility thereof.
To the extent that the following provision limits warranties provided in the Consumer Protection Act (Quebec) (“QCPA”), it is not applicable to Quebec residents to whom the Consumer Protection Act (Quebec) applies.
8. DISCLAIMERS OF WARRANTIES.
PROPERTY MANAGEMENT COMPANY, AND ENTRATA ON PROPERTY MANAGEMENT COMPANY'S BEHALF, PROVIDE THE SITES "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING WARRANTIES MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. LATITUDE AND LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND.,
To the extent that the following provision waives our liability for contravention of the Consumer Protection Act (Quebec) (“QCPA), it is not applicable to Quebec residents to whom the QCPA applies.
9. WAIVER AND RELEASE OF LIABILITY
YOUR ACCESS AND USE OF THIS WEBSITE IS AT YOUR OWN RISK. To the fullest extent permitted by law, you hereby waive and release us from any and all claims, losses, costs or damages of any nature whatsoever resulting from or in any way related to your use of this Site. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ENTRATA, PROPERTY MANAGEMENT COMPANY, OR THEIR EMPLOYEES, AGENTS, OFFICERS, OR REPRESENTATIVES ARE LIABLE TO YOU OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
The ratings and reviews posted on the Site are the opinions of those that post such ratings and reviews and are subject to change by the original user who posted the rating or review. If you choose to live at the property based on the ratings or reviews posted here, we are not liable for any actions arising from this service. Third parties will have access to view any ratings and reviews that you post on this Site, and we are not liable for any actions or liability that may arise from such access. We are not liable for the information contained in this Site that is posted by third parties, and no warranties arise from this service, including if the information is false. This waiver and release shall apply to all claims, whether under the law of contract, equity, tort, strict liability or otherwise.
We may, at any time and without notice to you, terminate your access to the Site or block your access to the Site if:
- we believe in our reasonable discretion that you have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of the Site, our users, or any other person;
- requested by law enforcement or other government agencies; or
- we have ceased offering the use of the Site generally.
11. Links to Third Party Sites.
As a convenience, we may provide links to third-party websites from the Site. We are not responsible for and do not endorse the informational content or any products or services available on any third-party website and do not make any representations regarding its content or accuracy. We take no responsibility and assume no liability for any content in such sites, or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity contained on such sites. We are not liable for any technological, legal or other consequences that arise out of your visit or transactions on any third-party or non-Entrata or non-Property Management Company websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. This means that we are not your agent and will not be a party to any contract you enter on such third-party sites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage you to be aware when leaving our Site of the privacy statements and terms & conditions of each website that collects personally identifiable information.
These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of us. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of us will be null and void. We have the right to transfer, assign and delegate these Terms to one or more third parties in our sole discretion and without your permission.
12.2 Entire Agreement
The Terms constitute the sole and entire agreement between you and Entrata and Property Management Company with respect to the Site supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder will continue in effect.
12.4 No Waiver
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches.
12.5 Governing Law; Forum and Venue Selection
These Terms will be governed by, interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein except that, for Quebec consumers, these Terms will be governed by, interpreted and enforced in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable in Quebec. Except for Quebec consumers, you irrevocably attorney and submit to the exclusive jurisdiction of the Ontario courts situated in the City of Toronto and waive any objection to the venue of any proceeding in such court or that such court provides an inconvenient forum.
13. Contact Us
For questions or concerns about the use of personal information or about these Terms, please contact the Property Management Company.
We suggest that you print out a copy of these Terms for your records.
ENTRATAS' TEXT MESSAGE SYSTEM
The message you received on your phone was sent to you by Entrata on behalf of a Property Management Company, because you signed up to receive messages either on a property's website or because you opted-in to an SMS service by sending a text to a Property Management Company, or another means. Message and data rates may apply.
If you believe the message reached you in error, please do one of the following:
- Reply HELP for help via SMS message
- Reply STOP to end all communication via text message
If you are a resident of the property sending you text messages, you can manage all of your notifications from within ResidentPortalTM. Log in to your property and go to your profile tab. Under the SMS settings block, click "Edit" and un-check the services you would like to opt-out of. You can manage which messages you would like to be subscribed to in the same place.
How did I get subscribed to your service?
There are two ways you can opt-in to our services. The first is via the web (on a form) or replying STOP to end all communication via text message.
The second is by sending a text to the applicable Property Management Company.
Am I being charged for these messages?
That depends on the standard SMS rate plan you have set up with your carrier/provider.
Neither Entrata nor a property involved in these messages is directly charging you to receive these messages. However, standard message and data rates do apply for our services.
Terms and Conditions
You must be 13 years or older and a legal resident of Canada to receive/send text messages in affiliation with any of these subscriptions. By your participation in these property subscriptions, you certify that you are at least 13 years of age and meet any other age and residency requirements of the property.
You acknowledge that SMS messages are distributed via third party mobile network providers and, therefore, the property cannot control certain factors relating to message delivery. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully.
The property does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.
Neither your apartment complex nor Entrata charges a fee for any of the subscriptions listed above. Message and Data Rates May Apply.
Contact the property you receive these messages from directly for additional help.
If you subscribe to our SMS Services, you thereby agree to receive SMS Service messages at the address you provide for such purposes. Such messages will come from Entrata on behalf of the applicable Property Management Company.
Participation in our service is free of charge but standard carrier text messaging charges will apply. You may change your mind at any time by following the opt-out instructions below. You represent that you are the owner or authorized user of the wireless device you use to sign up for the SMS Service, and that you are authorized to approve the applicable charges. Entrata will never rent or sell your phone number to any third party, nor will we use your phone number to initiate a call or SMS message to you without your express or implied prior consent. Your wireless carrier and other service providers also collect data about your SMS usage, and their practices are governed by their own privacy policies.
You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service.