Canada Terms of Use

Corporate
USA & Canada Privacy Policy and Terms of Use
Canada Terms of Use

USA Terms of Use
USA Privacy Policy
Canada Privacy Policy

Last updated: December 21, 2024

TERMS OF USE

These Canadian website Terms of Use, together with our Canadian Privacy Policy (this “Agreement”) govern your use of all websites located at https://www.fsresidential.com/ and mobile applications (collectively, the “Websites”) administered or operated by FirstService Residential (collectively, “FirstService Residential”, the “Company”, “We”, “Us” or “Our”) and your use of the Company’s services (the “Services”). Please read these Terms and our Privacy Policies carefully before using our Websites or our Services, as they constitute a legal agreement between you and the Company. Your use of the Website or the Services will be deemed your acceptance of these Terms. If you do not agree with these Terms, do not use, browse or otherwise access any of our Websites or our Services.

Intellectual Property Rights

All information, text, photographs, graphics, images, videos, logos, data, software and other materials including Company trademarks, service marks and copyrights (collectively the “Content”) found through the Services are owned or licensed by the Company and may not be used, copied, broadcast, distributed, uploaded, posted or shared in any way without the express written consent of the Company.

FirstService Residential expressly reserves all intellectual property rights in the Content. Nothing contained on the Websites grants or should be construed as granting any license or right to use the Content for any purpose without the express written consent of the Company.

Content Ownership, Responsibility and Removal

Definitions. For the purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users of the Services (including you) provide to be made available through the Services.

Our Content Ownership. FirstService Residential does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, FirstService Residential and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States, Canada, and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Generated by You. By making any User Content available through the Services, you hereby grant to FirstService Residential a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify (for formatting purposes only), distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services to you.

Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by FirstService Residential on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Removal of User Content. User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by FirstService Residential. Subject to your compliance with these Terms, FirstService Residential grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and use the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You may not use the Services or the Websites directly or indirectly:

To violate any applicable law or regulation;
To infringe the rights of any third party, including without limitation, intellectual property, privacy, and contractual rights;
For any purpose that is unlawful or prohibited by these Terms;
To cause harm or damage to any person or entity;
To disable, overly burden, impair, or otherwise interfere with the proper operation of the Services or the Website;
To use any data mining, robots or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Services or the Website or any part thereof or otherwise attempt to discover any source code;
To send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Website any data, information, pictures, videos, music or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) is false, intentionally misleading, or impersonates any other person; (iii) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; or (iv) is harmful to minors in any way or targeted at minors; or
To upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, or otherwise objectionable material (as determined by FirstService Residential in its sole discretion).

Third Party Websites

The Services may contain links to other websites or resources. These links are for your convenience only and are not under our control and are not subject to FirstService Residential’s Privacy Policies. We recommend that you check the privacy policies of each such website to determine how your information will be used.

Third Party Service Providers

We may use third party service providers to provide certain services, such as credit card and other payment processing services that are necessary to complete association-related dues or any other payments through the Websites. All issues involving transactions between a third-party service provider and you must be handled with the applicable provider. The Company may try to facilitate the resolution of any such issues, however, you understand and agree that the Company has no control over, or liability for, the acts or omissions of third-party providers. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, Content and materials contained on or accessible through the Company’s Websites and any third-party sites and services. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.

Privacy Policies

All information we collect through the Services is subject to our Privacy Policies. By using the Services, you consent to all actions taken by FirstService Residential with respect to your information in compliance with the Privacy Policies. For a detailed description of our information collection practices, please see our Privacy Policies, which are incorporated herein by reference.

Disclaimers

Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES FOR CONSUMERS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IN NO EVENT WILL FIRSTSERVICE RESIDENTIAL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, FIRSTSERVICE RESIDENTIAL’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS WEBSITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS WEBSITE.

Governing Law and Jurisdiction

These Terms and the Privacy Policies shall be governed by the laws of the Province of Ontario and the laws of Canada applicable in Ontario, which shall control without regard to any conflict of laws provisions. The sole and exclusive venue for any and all issues, claims or causes of action arising from or related to this Agreement shall be commenced and concluded only in the Courts of Ontario or Canada, sitting in Toronto.

Termination

FirstService Residential, in its sole discretion, may terminate or restrict your use or access to the Services for any reason, including, without limitation, if FirstService Residential believes you have violated or acted inconsistently with these Terms. Upon any termination, discontinuation, or cancellation of the Services, the following provisions of these Terms will survive Content Ownership, Responsibility and Removal, Disclaimers, Limitation of Liability, and Governing Law and Jurisdiction.

Waiver

FirstService Residential’s failure to enforce any portion of the Terms shall not constitute a waiver of any of its rights under these Terms.

Severability

In the event that any provision or part of any provision in these Terms is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision or portion thereof shall be severed from these Terms and all other provisions of these Terms will remain in full force and effect.

Indemnification

EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FIRSTSERVICE RESIDENTIAL AND ITS PRESENT AND FORMER OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, DIRECTORS, FRANCHISEES, AGENTS, SERVANTS, REPRESENTATIVES, PARENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THE WEBSITE OR THE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE ANY APPLICABLE LAW OR THESE TERMS.

Delays and Accessibility

The Services may be subject to limitations, delays, failures or other problems associated with the use of the Internet and electronic communications. From time to time, we may restrict access to all or some parts of the Services. FirstService Residential is not liable if the Services are unavailable at any time for any reason.

Changes to Terms

From time to time, we may change these Terms to accommodate new technologies, industry practices, regulatory requirements or for other purposes in our sole discretion. You are advised to check the Terms regularly, as continued use is deemed to be approval of and consent to all such changes.

Changes to Website

We may update the content on the Website from time to time, but its Content is not necessarily complete or up-to-date. The materials and services at the Website may be out of date, and FirstService Residential makes no commitment to update the materials and services at this Website.

Entire Agreement

These Terms and the Privacy Policies constitute the entire integrated and exclusive agreement between you and FirstService Residential with respect to the Services and supersede all prior understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Comments and Questions

If you have a comment or question about these Terms, please contact us at:

[email protected]
ATTN: Privacy Officer
c/o FirstService Residential
1855 Griffin Rd.
Suite A-330
Dania Beach, FL 33004
(888) 247-2381