CORPIQ – Terms and conditions of use of The Expert Web Owner
The ProprioExpert ™ service (hereinafter the “ProprioExpert”) is owned by the Corporation des propriétaires immobiliers du Québec. (hereinafter “CORPIQ”) and you (hereinafter “You” or “Your/Vos”) is provided under these terms and conditions (hereinafter “Terms”).
BY ENTERING YOUR EMAIL AND PASSWORD (AUTHENTICATION PROCESS), YOU ACKNOWLEDGE AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN UP FOR AND BIND YOURSELF AND ANY OTHER PARTY FOR WHICH YOU USE THIS SERVICE (HEREBY THE “CONTRACTING PARTY”) AND (ii) AGREE ON BEHALF OF YOURSELF AND THE CONTRACTING PARTY TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW.
If You do not agree with these Terms, You may not use the Service. CORPIQ reserves the right, at its sole discretion and without notice, to change, modify, add or remove portions of these Terms in accordance with the procedures set forth below in Section “3.”
1.1. In order to use the Service, You may be required to submit a completed The ProprioExpert registration form (hereinafter “Registration Form”). By registering for the Service, You agree to: (i) provide certain limited information.
1.2. about yourself when prompted by the Service (this information must be current, complete and accurate) and (ii) maintain and update this information to keep it current, complete and accurate. The information requested at the time of initial registration will be referred to as the registration data (hereinafter “Registration Data”).
1.3. If CORPIQ discovers that any of Your Registration Data is inaccurate, incomplete or outdated, or if CORPIQ determines, in its sole discretion, that the user is not a proper subscriber or user of the Service, CORPIQ may terminate Your rights to access and receive the Service immediately without notice from them.
2.1. You are solely responsible for the content of Your transmissions within the Service. However, CORPIQ reserves the right, in its sole discretion, to take any action relating to the Service that CORPIQ deems necessary or appropriate.
2.2. Your use of the Service is subject to the End User License Agreement set forth below and all applicable local, state, national and international laws and regulations (including without limitation those governing account aggregation, export control, copyright protection, etc.). consumer protection, unfair competition, anti-discrimination and false advertising). You agree to: (i) comply with all laws, rules and other regulations relating to the Service and applicable in the United States; (ii) not upload, distribute, make available or transmit any software or other computer files that contain a virus or other harmful component; (iii) not use the Service for any illegal purpose ; (iv) remove from the software, documentation or any other website used with the Service any legal, disclaimer or proprietary notices such as copyright or trademark symbols, or modify any logo that You do not own or are not authorized to modify; (v) interfere with or disrupt networks connected to the Service
2.3. (vi) not use the Service to infringe the copyright, patent, trademark, trade secret or other proprietary right or right of publicity or privacy of any third party; and (vii) not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or other objectionable material of any kind. You will not attempt to gain unauthorized access to any other computer system and You will not interfere with any other user’s use or enjoyment of the Service.
- Changes to our Privacy Statement
3.1. From time to time, we may change or update our Privacy Statements. We reserve the right to make changes or updates at any time.
3.2. More detailed information on how you are notified is set out below.
3.3. If we make material changes to our personal information handling procedures, we will provide notice through our services or through other communication channels, such as email or a posting in the communities.
3.4. CORPIQ may amend these Terms at any time by (i) posting a revised version of the Terms of Service at https://www.corpiq.com and/or by (ii) sending information regarding the amendment of the Terms to the email address You have provided to CORPIQ
3.5. Furthermore, CORPIQ reserves the right to modify or discontinue the Service with or without notice. CORPIQ shall not be liable to You or any third party in the event that it exercises its right to modify or discontinue the Service.
3.6. Please review the changes carefully. If you object to the changes and no longer wish to use our services, you have the option of closing your accounts.
3.7. All changes are effective as of the date of posting, and when you use any of our services after we send a material change notice or post the updated Privacy Statement, you implicitly consent to those changes.
- Passwords and Security
4.1. As part of the registration process, You must use Your email address for Your username and choose a password to access Your account and Your designated computers. You agree to carefully maintain all of Your passwords. You are solely responsible if You fail to maintain the confidentiality of Your passwords and account information. Further, You are solely responsible for all activities that occur under Your account. You agree to immediately notify CORPIQ of any unauthorized use of Your account or any other breach of security of which You have knowledge, including if You believe that Your password or account information has been stolen or corrupted. Access to or use of protected passwords and/or secure aspects of the Service is restricted to authorized users only. Unauthorized individuals attempting to use the Service may be subject to legal action.
4.2 CORPIQ, the creator of The Real Estate Manager, will never send an email requesting a user’s ProprioExpert or Windows username and password. To keep your remote access to ProprioExpert secure, all usernames and passwords must remain confidential.
- Collecting and using your information
5.1 Identification: At the time of registration, personal information is collected for identification purposes, whether it is your name, your postal address, geolocation data, or any other information deemed relevant to provide the Services. This information is private in nature and will only be used for the purpose of providing the Services and will only be disclosed in accordance with this Agreement.
5.2 Real Estate Asset Information: All information entered on ProprioExpert concerning your real estate assets will not be disclosed to third parties under any circumstances. It will only be used for the purpose of offering you the Services.
5.3. Use: CORPIQ uses this information in order to:
– Provide the Services
– Improve the experience of the users of ProprioExpert
– Collect statistics
– Efficiently process the operations and transactions of the software
– Notify you of updates, information and changes to The Real Estate Manager, including the e-newsletter and notifications of changes to this Agreement
– Take any other action necessary to protect the security or to ensure the proper functioning of the web software
– Inform you about the operation or services offered by The Expert Web Owner or CORPIQ in accordance with the express or implied consents you have given
- End User License Agreement
6.1. This End User License Agreement grants You a right and license to use the Service under certain restrictions and terms and conditions (hereinafter “License Agreement”). You agree to be bound by this License Agreement.
6.2. The software is available for download for use by You only as set forth in this License Agreement. Any reproduction or redistribution of the software included in the Service not in accordance with the License Agreement is expressly prohibited by law and may result in severe criminal and civil penalties. Violators will be prosecuted to the maximum extent possible under the law. CORPIQ does not transfer to You any title to the Software.
6.3. You acknowledge that the software downloaded in connection with the Service is the property of CORPIQ and may be protected by copyrights, trademarks, service marks, patents and/or any other proprietary rights and laws. As such, You agree that You are only authorized to use the Software as expressly stated by CORPIQ and in this License Agreement. You are not authorized to remove any proprietary notices or labels from the software. You may copy the Software for archival purposes only, provided that each copy contains all original proprietary notices of the Software. However, You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the software to a usable form. You may not reproduce (except for archival purposes), distribute or create derivative works based on the Software without CORPIQ’s express written permission.
6.4. In addition, You may not alter, modify, reverse engineer or attempt to derive the source code of the Software or rent, lease, grant a security interest in or transfer any rights in the Software. Any rights not expressly granted in this License Agreement are reserved to CORPIQ.
- Multiple User License.
7.1. If you want more than one user to be able to use the version of the Software licensed to you, you must pay an additional license fee for each additional user, which will be subject to the same restrictions as the single user license.
7.2. The additional license fee is 15 for 4 or more users. As an example only, if you have paid for five (5) user licenses for your version of the Software, The Expert Web Owner grants you a limited, non-exclusive license to do the following:
7.3. ensure that no more than five (5) individuals (who are your owners, employees or contractors) have access to the Software/Subscription;
7.4. Subject to the number of licenses paid for by you and the provisions of this Agreement, you may have an unlimited number of persons simultaneously using your version of the Software.
7.5. Any use of the Software by more than five (10) users at the same time may result in Software failure, performance degradation, errors or data loss, and shall be deemed a material breach of this Agreement.
7.6. Trial User License. If you have purchased a trial version of the Software/Subscription, CORPIQ grants you a limited, non-exclusive license to use the Software for one (1) person to access the Software.
7.7. Your trial license for the editions of The ProprioExpert is valid only for approximately thirty (14) days of the Software/Subscription, or as otherwise indicated on our website at the time you acquired the trial version of the Software.
7.8. You understand that upon expiration of your trial license, you must subscribe to a license to use the Software in order to continue to use the Software, failing which you may not use the Software or the data you have entered into the Software or access the foregoing.
7.9. BY USING THE TRIAL VERSION OF THE SOFTWARE, YOU UNDERSTAND AND AGREE THAT AFTER THE APPROXIMATE TIME PERIOD SPECIFIED IN THE SOFTWARE OR IN THE MATERIALS ACCOMPANYING THE SOFTWARE, YOU WILL NOT BE ABLE TO CONTINUE TO USE THE SOFTWARE OR THE DATA YOU HAVE ENTERED INTO THE SOFTWARE OR ACCESS THE FOREGOING, UNLESS YOU SUBSCRIBE TO THE APPROPRIATE FULL VERSION OF THE SOFTWARE
- Disclaimer of Warranties
8.1. CORPIQ attempts to provide accurate information regarding the Service and the Software and related documentation, however, CORPIQ does not accept any responsibility for the accuracy or inaccuracy of the information stated. CORPIQ may change the software, documentation, Service or products mentioned at any time without notice. Mention of third party products or services is for informational purposes only and does not constitute an endorsement or recommendation. Your use of the Service, software and documentation is at your sole risk. Neither CORPIQ nor any other party involved in creating, producing or delivering the Service, software and documentation shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of Your access to or use of the Services.
8.2. ALL INFORMATION, SERVICES, DOCUMENTATION AND SOFTWARE PROVIDED BY CORPIQ PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ARISING UNDER A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
- Limitation of liability
9.1. IN NO EVENT SHALL CORPIQ OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICES, LOSS OF OR DAMAGE TO INFORMATION OR DATA THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CORPIQ SOFTWARE, DOCUMENTATION, PRODUCTS OR SERVICES. IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CORPIQ BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF THE SERVICE OR RELIANCE ON ANY INFORMATION PRESENTED IN CONNECTION WITH THE SERVICE, EVEN IF CORPIQ OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2. IN NO EVENT SHALL CORPIQ’S ENTIRE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICE.
- Data Retention
10.1. CORPIQ retains your Data for a maximum of 24 months, any account that is inactive for more than 24 months will have the Data deleted and no recovery will be possible.
10.2. To the extent permitted by law and in accordance with applicable laws and regulations, we retain your data for as long as necessary to provide you with services, to administer your account while it remains active, or if applicable, to conduct our business.
10.3. When you close your account, we may continue to send you information about our services, communicate important business news that may affect you, inform you about products and services that may be of interest to you unless you have opted out of receiving marketing content.
10.4. We may also continue to use some of your information for marketing purposes, to improve our offerings and, in some cases, to develop new offerings.
10.5. We retain and use your information in accordance with applicable regulations and CORPIQ’s records and information management policies to meet our legal and reporting obligations, to resolve disputes, to enforce our agreements, to finalize outstanding transactions and to detect and prevent fraud.
- Services and Support
11.1. Provided that you comply with the terms of this Agreement and any modifications that may be made by CORPIQ pursuant to Section 13.1, you shall have access to the Software/Subscription under the following provisions:
11.2. If you have purchased the Subscription for the Software directly from CORPIQ, which generally means that you will be required to pay the fees for your use of the Software on a monthly (or other periodic) basis, you will receive as part of your Basic Subscription the following, so long as CORPIQ is able to charge your bank account or credit card (as defined in Section 6) for the current Subscription fee: (i) unlimited access to the features of the Software to which you have subscribed; (ii) the Additional Services, as described in Section 3. 2 below; (iii) the Update Service, as described below (which may include the media service, as described in Section 3.2 below, for a small additional fee); (iv) the Support Service, as described in Section 3.2 below; and (v) the Version Guarantee Service, as described in Section 3.2 below. You must take out the Subscription for a period of at least one (1) month, and you must pay the fees relating to the Subscription on a monthly basis (or according to the periodic payment agreed upon by you and CORPIQ).
11.3 Following the one (1) month subscription period: the Subscription may be cancelled by you in accordance with this Agreement, and CORPIQ will consider you as a licensee of the Software, entitling you to the Update Service for as long as CORPIQ provides support for your version of the Software, even if you cancel your Subscription
12.1. CORPIQ and Proprio Expert Web, the associated logos and other names, logos, icons and marks identifying the products and services are trademarks or service marks of CORPIQ (hereinafter collectively referred to as “Marks”) and may not be used without the prior written permission of CORPIQ. All other product names mentioned are used for identification purposes only and may be trademarks of their respective owners. Nothing contained herein or in the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of CORPIQ or such third party that may own the Trademarks. Your use of the Marks is expressly prohibited, except as otherwise provided in these Terms. You are also advised that CORPIQ will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking remedies.
- Payment of the subscription
13.1. If you have obtained your Software directly from CORPIQ, whether through the website https://www.shop.corpiq.com or by telephone, the fees and payment terms for the use of the Subscription are as follows:
13.2. once per calendar month, or at any other interval agreed upon by you and CORPIQ (the “Subscription Period”), you authorize CORPIQ to debit your bank account or charge your credit card (defined below), plus applicable taxes, with the “Subscription Fee.”
13.3. The term “credit card” shall mean credit or debit cards issued by a bank, electronic funds transfers or any other method of payment that CORPIQ deems acceptable, at its sole discretion. Any other fees payable by you under this Agreement shall be charged to your credit card at the time such fees are due.
13.4. The term “Subscription Year” means each twelve (12) month period from the date you first subscribe to the Subscription and each subsequent twelve (12) month period from your subscription anniversary date. You must have a valid credit card or sufficient funds in a Canadian checking or savings account to cover all electronic debits for the Subscription Fee during the Subscription Year.
13.5. For a list of the Subscription Fees currently charged per Subscription Period (i.e., for purposes of this Section 13.2, a calendar month, or other payment period as agreed upon) for each available version of the Subscription, based on the number of user licenses, call CORPIQ at 1-866-886-2439. CORPIQ may change the Subscription Fee at any time by giving notice as provided in Section 13.1, at least sixty (60) days prior to the rate change taking effect. Unless you cancel the Subscription pursuant to Sections 2 or 8, the Subscription Fee you pay is non-refundable.
13.6 It is your sole responsibility to ensure that CORPIQ has valid and current bank account or credit card information to ensure prompt payment. You agree to provide CORPIQ with immediate notice of any changes that may prevent your payment, such as an expired credit card, replacement of your credit card with another, or reaching or exceeding your credit card limit.
13.7. If your credit card or other form of payment is declined or expired, or if the credit card issuer or financial institution otherwise refuses payment, CORPIQ may continue to attempt to process your credit card or charge you an administration fee.
13.8. In addition, if your account is in arrears, you will be denied access to the Subscription and the service will not be reinstated until you have paid all outstanding Subscription Fees, any outstanding administration fees and, if CORPIQ so chooses in its discretion, you will be required to prepay Subscription Fees up to twelve (12) months in advance. If you fail to pay your account when due, CORPIQ may forward it to a collection agency.
13.9. Unless you cancel the Subscription under Section 2 or 8, all Subscription Fees paid by you are non-refundable.
- Fees and Renewal
14.1 Monthly Subscription. If You have a monthly subscription to the CORPIQ service, payment of your Subscription fees will be made by means of a prior authorization to charge your credit card. Your subscription will automatically renew each month, unless You or CORPIQ provide written notice (including email) of non-renewal to the other party during the previous month. Your credit card will be charged for each month or part of a month that You benefit from Your monthly subscription.
- Cancellation Policy
15.1. You may cancel your Subscription at any time by notifying CORPIQ in writing at ventes@Corpiq.com or by telephone at 1-866-886-2439 at least ten (10) days before the end of your Subscription.
15.2. Your cancellation shall take effect at the end of the Subscription Period in which CORPIQ receives your notice of cancellation; however, if CORPIQ receives your notice less than ten (10) business days before the end of the current Subscription Period, your cancellation shall take effect at the end of the next Subscription Period, which shall in no event exceed one (1) calendar month. For example only, if your Subscription began on January 15 and CORPIQ receives your cancellation notice on October 20, your cancellation will take effect on November 15. If CORPIQ receives your cancellation notice after November 5, your cancellation will take effect on December 15 and you will be required to pay for the Subscription Period that begins on November 15.
15.3. CORPIQ may terminate Your membership immediately and Your rights to use the Service and the software if (i) You violate these Terms; (ii) CORPIQ is unable to verify or authenticate any information You have provided; (iii) such information is or becomes inaccurate; or (iv) CORPIQ decides, in its sole discretion, to discontinue offering the Service. CORPIQ shall not be liable to You or any third party for any termination of the Service.
15.4. Upon expiration or termination for any reason, You are no longer authorized to use the Service or the Software. Upon termination of this Agreement and/or Your subscription, You no longer have access to the data and other information You have stored relating to the Service, and such information may be deleted by CORPIQ.
15.5. All disclaimers, limitations of warranties and damages and confidentiality obligations set forth above in this Agreement or pursuant to applicable law survive any termination, expiration or cancellation of this Agreement.
- 30-Day Money Back Guarantee.
16.1. If you are not satisfied with the Software that you have obtained under the terms of this Agreement, CORPIQ’s total liability and your exclusive remedy is limited to the following: you may obtain a full refund of your purchase price (net of administration fees) within sixty (30) days of the purchase of the Software or the start of your Subscription, you do the following: a) you send an email to ventes@Corpiq.com your cancellation notice
- Export Control Laws
17.1. In addition, the Service and software provided with this Service are subject to United States export controls. No Service, software and documentation provided, relating to this Service, may be downloaded or exported (i) to the following countries (or to a national or resident of the following countries): Cuba, Iraq, Libya, North Korea, Iran, Syria or to any other country to which the United States has imposed a goods embargo; or (ii) to anyone on the U.S. Treasury Department’s list of “Specified Nationals” or the U.S. Commerce Department’s “Table of Prohibition Orders.” By subscribing to the Service or by using the software and documentation provided with the Service,
17.2. You represent and warrant that You do not reside in, or are under the control of, or are a national or resident of any such listed country or member of any such listed country.
- High Risk Activities
18.1. The Service, the software and documentation provided, relating to the Service, is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring flawless performance, such as response centers or nuclear facilities, air navigation or communication systems, air traffic control, life support devices or weapons systems where failure of the Service or software could result in direct death, serious personal injury or environmental damage (hereinafter “High Risk Activities”).
18.2. Therefore, CORPIQ and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
19.1. This Agreement represents the entire agreement relating to the Terms and Conditions governing the license granted hereunder and, with the exception of the specifications set forth above, may be amended by written agreement of both parties only.
19.2. In the event that any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed not to be a part of these Terms and shall not affect the validity and enforceability of any remaining provisions.