Commercial Real Estate Online Terms of Use for Avison Young

NOTICE: THIS DOCUMENT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS, AND LIMITS THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM.

AVISON YOUNG TERMS OF USE

Last Modified: April 2023

  1. Acceptance. These Avison Young Terms of Use (the “Terms”) are entered into by and between you (acting in your capacity as an employee or other representative of your company or other entity, if applicable) (“you”) and Avison Young (Canada) Inc., and its subsidiaries (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, this “Agreement”), govern your access to and use of our website, including any content, functionality, and services on or provided in connection with our website, available at the following domains: (the “Website”). Please read this Agreement carefully before you start to use the Website. By using the Website or by clicking to accept or agree to this Agreement, you accept and agree to be bound by this Agreement. If you do not want to agree to this Agreement, you must not access or use the Website. You acknowledge that this Agreement contains legally binding terms and conditions that affect your legal rights and remedies.
  2. Changes to These Terms. To the maximum extent allowed by applicable law, we reserve the right in our sole discretion to change, modify, update or replace from time to time any content set forth on the Website, including this Agreement at any time upon notice. Where permitted by law we will give notice by posting the updated Agreement on the Website or by any other reasonable means. You can review the most current version of this Agreement at any time at https://www.avisonyoung.com/terms-of-use. Where required by law, or at our discretion, we will provide you with notice thirty (30) days prior to the effective date of the change by posting a notice on our Website and/or sending a message to the email address (or other contact information at our discretion) associated with your account. The version of the Agreement in effect at the time of your use of the Website applies. The updated Agreement is binding on you with respect to your use of the Website on or after the date indicated in the updated Agreement. If you do not agree to the updated Agreement, you must stop using the Website. Your continued use of the Website after the date of the updated Agreement will constitute your acceptance of the updated Agreement.
  3. Accessing the Website. We reserve the right to withdraw or amend the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time. From time to time, we may restrict access to the Website to certain users. To access the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on or in connection with the Website is correct, current, and complete. You hereby consent to all actions we take, consistent with our Privacy Policy and this Agreement, with respect to all information, content and material you provide to or in connection with the Website, including through the use of any interactive features on the Website, including but not limited to the “Contact Us” feature, the “Research Reports” feature, the “Tenant Login” portal, and the “Join Us” feature (collectively, “User Submissions”). If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We reserve the right to disable or terminate any account, username, password, or other identifier at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. You are solely responsible for any password misuse or any unauthorized access using your credentials.
  4. Use of Information Provided by You. You acknowledge, represent and agree that any User Submission is submitted voluntarily and is not confidential or proprietary, and that your User Submission does not establish a relationship between you and us except as set forth in this Agreement. You hereby grant the Company, its affiliates and service providers, and each of their and its sublicensees, successors and assigns a worldwide, royalty-free, non-exclusive, transferable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of your User Submissions, except as otherwise prohibited by applicable law or this Agreement. You waive any right to compensation of any type for your User Submissions, except as otherwise provided in this Agreement. You further waive all moral rights and other rights of authorship as a condition of submitting any User Submissions. You represent and warrant that you either own all User Submissions or otherwise have all the rights necessary to grant the rights in this Agreement and that all User Submissions comply with applicable laws and regulations and the terms of this Agreement. You may not upload to, distribute, or otherwise publish through or in connection with the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may constitute or encourage a criminal offense, violate the rights of any party or that may otherwise give rise to liability or violate any law, or that gives the impression that the User Submissions originate from or are endorsed by us or any other person or entity, if this is not the case. You understand and agree that you are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

    Comments or opinions expressed in any User Submissions are those of their respective users only. These do not necessarily represent or reflect the views of the Company, and Company is not responsible for, and disclaims all liability in relation to, the User Submissions submitted to or through the Website.

    If you choose to provide us with any product or service ideas or other feedback, (“Feedback”), you: (i) grant us a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all Feedback (in any format or media) that you provide; and (ii) waive all moral rights in and to all Feedback that you provide in our favor. 

    By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such User Submissions in compliance with our Privacy Policy as we deem necessary for use of the Website and provision of services.

  5. Intellectual Property Rights. The Website (including all information, Materials (defined herein), software, text, displays, images, video, and audio, and the design, selection, and arrangement of those things) are owned by Company, its licensors, or other providers and may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (“Website IP”). Company retains all right, title, and interest in and to the Website IP except as expressly authorized, shall constitute an infringement or violation of the Company’s rights and may be a violation of federal or other laws and could subject the infringer to legal action. This Agreement contains no implied licenses. The Company name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. Except as otherwise indicated elsewhere on the Website, you may view, download, and print any whitepapers, information, text, graphics, photos, or other content uploaded to or appearing on the Website (“Materials”) subject to the following conditions: (i) the Materials must not be used for commercial purposes without our express written authorization on a case by case basis; (ii) the Materials must not be modified or altered without our express prior written authorization; (iii) the Materials must not be distributed, re-posted, or re-used in any form on another website or electronic platform without our express prior written authorization; (iv) you must not remove any copyright or other proprietary notices contained in the Materials without our express written authorization; and (v) we reserve the right to revoke the authorization to view, download, and print the Materials at any time, and any such use shall be discontinued immediately upon written notice from us.
  6. Prohibited Uses. You agree that you may use the Website only for lawful purposes and in accordance with these Terms. If we provide social media features on the Website, you may take such actions as are enabled by such features. You agree not to use the Website: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or (iv) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability. Additionally, you agree not to:(v) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website (vi) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (vii) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms without our prior written consent; (viii) use any device, software, or routine that interferes with the proper working of the Website; (ix) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (x) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (xi) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (xii) otherwise attempt to interfere with the proper working of the Website.
  7. Reliance on Information Posted. We do not warrant the accuracy, completeness, or usefulness of any information presented on or through the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Nothing on this Website constitutes (a) advice or a recommendation of any kind (legal, financial or otherwise), or (b) an indication of results that may be achieved. Please consult with professional advisors in connection with your use of the Website. The content on this Website is updated frequently, including based on interaction with users of the Website, but the Website’s content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Your use of the Website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, successors and assigns have any responsibility or liability whatsoever for your use of the Website. This Agreement and the Website do not constitute an offer to sell or solicitation of an offer to buy securities.
  8. Links from the Website. If the Website contains links to other sites, resources, or social media applications provided by third parties, these links are provided for your convenience only. We do not control these platforms or the terms and conditions which govern these platforms, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any such third-party sites or resources, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
  9. Disclaimer of Warranties. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
  10. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (COLLECTIVELY, “AVISON YOUNG PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THIS AGREEMENT OR YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE AGGREGATE LIABILITY OF THE AVISON YOUNG PARTIES TO YOU FOR ALL CLAIMS AND DAMAGES RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES ON OR PROVIDED IN CONNECTION WITH THE WEBSITE OR SUCH OTHER WEBSITES WILL NOT EXCEED $100 U.S. DOLLARS.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES OR LIABILITY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT CANNOT UNDER APPLICABLE LAW BE EXCLUDED.

  11. Indemnification. To the maximum extent permitted by applicable law, you agree you will defend, indemnify, and hold harmless the Avison Young Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of this Agreement, (b) your use of the Website, (c) any User Submission made by you, including with respect to violations of any other party’s rights, such as intellectual property or other proprietary rights, and laws related to privacy or information security; or (d) your violation of any other party’s rights or applicable law.
  12. Arbitration and Governing Law. THIS SECTIONAPPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW,. YOU WILL SUBMIT ANY DISPUTES ARISING FROM THIS AGREEMENT OR THE WEBSITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING DELAWARE LAW. THE SEAT OR LEGAL PLACE OF ARBITRATION WILL BE IN CHICAGO, ILLINOIS. YOU AGREE TO ARBITRATE IN YOUR INDIVIDUAL CAPACITY ONLY – NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS – AND YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS‑ACTION BASIS. FURTHERMORE, UNLESS YOU AND COMPANY AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OF CLASS PROCEEDING. ALL ARBITRATION PROCEEDINGS ARE CONFIDENTIAL. ARBITRATION ORDERS AND AWARDS REQUIRED TO BE FILED WITH APPLICABLE COURTS OF COMPETENT JURISDICTION ARE NOT CONFIDENTIAL AND MAY BE DISCLOSED BY THE PARTIES TO SUCH COURTS. A PARTY WHO IMPROPERLY DISCLOSES CONFIDENTIAL INFORMATION WILL BE SUBJECT TO SANCTIONS. THE ARBITRATOR AND FORUM MAY DISCLOSE CASE FILINGS, CASE DISPOSITIONS, AND OTHER CASE INFORMATION AS REQUIRED BY A COURT ORDER OF PROPER JURISDICTION. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions, and this Agreement is deemed entered in Delaware.
  13. Limitation on Time to File Claims. WHERE PERMITTED AND ALLOWABLE BY APPLICABLE, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION
  14. APPLICABILITY. SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THESE TERMS CONSISTENT WITH SUCH PROHIBITIONS.
  15. DMCA Claims. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice:) must include substantially the following: your physical or electronic signature; an identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; a statement that the information in the written notice is accurate; and, a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Avant Legal, Avison Young (Canada) Inc., 18 York Street, Suite 400, Toronto M5J2T8, Canada, (416)-955-0000, [email protected]. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
  16. General. If any provision of this Agreement is held by a court of competent jurisdiction or arbitrator to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and the Company intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, you and the Company agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. The Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement or assign, transfer, or sublicense your rights, if any, to access or use the Website or its content, and any attempt by you to do so is void. The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in a written document signed by the Company. This Agreement (including any incorporated terms) constitutes the entire agreement between you and the Company with respect to the Website and its contents. Both you and the Company warrant to each other that, in entering into this Agreement, neither the Company nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in this Agreement. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and the Company, or the Company’s successors and assigns, will have any right to enforce any of this Agreement. Neither this Agreement nor the Website create a partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
  17. Reporting and Contact. This websiteis operated by Avison Young (Canada) Inc. Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to the Company.