Developed by Teranet Inc. in alliance with National Bank of Canada.
These Terms of Use govern your access to and use of the Teranet–National Bank House Price Index™ website (the “Site”); the Teranet-National Bank House Price IndexTM data or statistics and all other information, data, other data and materials available by way of the Site (the “Content”); and all trade names, trademarks and logos displayed on the Site (the “Marks”, and collectively with the Site, the Content and the Marks to be known as the “Materials”). By accessing or using any of the Materials, you will be deemed to have confirmed that you have read these Terms of Use and you agree to be bound by them.
- Grant of Rights. National Bank of Canada (“NBC”) and Teranet Inc. (“Teranet”) (collectively the “HPI Providers”) grant you a limited, non-exclusive, non-transferable and revocable right to access the Site and view, use, copy and distribute the Content for non-commercial, personal use.
- Marks. You may only use the Teranet-National Bank House Price IndexTM or one of its logos when referencing the Teranet-National Bank House Price IndexTM as permitted in these Terms of Use and then in accordance with the HPI Citation, Use and Disclaimer Guide. All other uses require the prior written approval of both Teranet and NBC. If you use a Mark, you shall: (a) use reasonable efforts to protect the goodwill and reputation of the Marks; and (b) not alter, modify, or commingle the Marks or any part or parts thereof with licensee’s or any third party’s trade-marks without the prior written approval of Teranet and NBC.
- Limitations. You shall: (a) reproduce the Content accurately; (b) not use the Content in a way that suggests that the HPI Providers endorse you or your use of the Content; (c) not misrepresent the Content or its source; (d) not use the Content in a manner that breaches or infringes any applicable laws; or (e) not use the Content to: (i) create a substantially similar website, database or competing product or (ii) for direct resale purposes. You shall not encourage or participate in the unauthorized use of any of the Materials, nor knowingly develop or market any product without the prior written approval of both of the HPI Providers. Without limiting the generality of the foregoing, none of the Materials may be used as a basis for any financial instruments or products (including, without limitation, passively managed funds and index-linked derivative securities), or used to verify or correct data in any other compilation of data or index, or used to create any other data or index (custom or otherwise), without the HPI Providers’ prior written permission.
- Security. You shall not attempt to violate the security of the Site, including without limitation, by attempting to interfere with the Site through means of a virus, by overloading a server or by any other means.
- Ownership. You acknowledge and agree that the Materials are the property of the HPI Providers and its suppliers and no rights or licenses in the Materials are provided to you except as explicitly set out in these Terms of Use. You shall not, and shall not assist any third party to, assert any rights in the Materials or any component thereof or challenge the HPI Providers’ rights therein.
- Feedback. You may send suggestions, ideas, or other information regarding the Site, the Content or the Marks (collectively “Feedback”) to the HPI Providers, which will own Feedback you provide and shall be entitled to unrestricted use of the Feedback without compensation to you. By providing Feedback, you relinquish all intellectual property rights and waive all moral rights in the Feedback in the HPI Providers’ favour.
- Citation. When using the Content, you must use all citations and disclaimers as are required in the HPI Citation, Disclaimer and Use Guide. You may only use other language if approved in advance by both of the HPI Providers.
- No Warranty. All Materials are provided “as is” without warranty of any kind, whether express or implied, and the HPI Providers disclaim all representations, warranties, obligations and liabilities, whether expressed or implied in relation to the Materials. The Materials are provided for informational purposes only, and the user of the information contained in the Materials assumes the entire risk of any use made of it. None of the Materials are an offer or a recommendation to buy or sell or a solicitation of an offer to buy or sell any security or instrument or to participate in any particular trading strategy. Further, none of the Materials are intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such. The HPI Providers take no responsibility and assume no liability for use of the Materials.
- No Liability. None of the HPI Providers, along with their affiliates, employees, representatives and suppliers (the “HPI Group) shall be liable to any person or entity for any errors or omission in the Materials nor for any damages, whether direct, indirect, special, incidental, punitive, consequential, exemplary or otherwise, or other loss, injury, damage arising in any manner out of your use or inability to use any of the Materials, even if such party might have anticipated, or was advised or notified of the possibility of such damages. Without limiting the foregoing, in no event shall the HPI Group’s aggregate liability for any and all claims relating to the Materials exceed $1.00 Canadian.
- Indemnity. You agree to indemnify and hold harmless the HPI Group from any and all claims, losses, damages, liabilities, costs and expenses arising in any manner out of your use of, or inability to use, any of the Materials.
- Links. There may be links on the Site which will enable you to leave the Site and connect directly to other independent websites. These links are provided as a convenience only. The HPI Providers do not endorse or approve the contents of these websites or the products, services or publications that may appear thereon nor are they responsible for the contents of any site linked to the Site or for any link contained in a linked site.
- Termination. These Terms of Use are effective as of the date and time you access any of the Materials and shall terminate at any time, at the HPI Providers’ sole discretion. Notwithstanding the termination of the Terms and Use, sections 3 to 6 and 8 to 10 of the Terms of Use shall continue in full force and effect.
- Applicable Laws. These Terms of Use shall be governed and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. The parties hereby attorn to the exclusive jurisdiction of the courts of the province of Ontario except in respect of injunctive relief that may be sought in any jurisdiction.
- Modifications. At any time, the HPI Providers may add to, withdraw or change the Materials. The HPI Providers may, from time to time and at their sole discretion, amend or supplement these Terms of Use. You acknowledge that it is your responsibility to periodically check this Site so you are aware of any such amendments.