Thank you for using Condominiumfirst.com (the "Site") and services provided by Condominium First Management Services Ltd. ("Condominium First") herein. Access to and use of the Site and the Service (defined herein) is provided subject to the following terms and conditions of use between you (the "User") and Condominium First (the "Terms and Conditions of Use"). PLEASE READ THESE TERMS CAREFULLY, BECAUSE USE OF THE SITE AND SERVICE CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE. PLEASE FURTHER NOTE: THE FOLLOWING TERMS AND CONDITIONS OF USE CONTAIN LIMITATIONS OF THE LIABILITY OF CONDOMINIUM FIRST WITH REGARD TO THE USE OF THIS SITE AND SERVICE. If you do not agree to the Terms and Conditions of Use, you should immediately discontinue any use of the Site and Service.

Condominium First reserves the right to change the following terms, guidelines and disclaimers at any time, and the User agrees that each visit the User makes to the Site or authorized site links shall be subject to the current applicable Terms and Conditions of Use.

DESCRIPTION OF SERVICE

Condominium First provides its users with on-line access to a collection of various documents of condominium management corporations including, but not limited to, bylaws, annual general meeting and board meetings, financial statements, certificates and estoppel certificates ("Condominium Documents") for distribution of such documents to its users (the "Service").

THE USER'S REGISTRATION OBLIGATIONS

In consideration of use of the Service, the User agrees to:

1. only access and/or purchase Materials (defined herein) that the User legally has the right to access and/or purchase;
2. provide true, accurate, current and complete information about the User as prompted by the Site's registration form (such information being the "User Profile"); and
3. maintain and promptly update the User Profile to keep it true, accurate, current and complete.

DISCLAIMER

The contents of the Site, such as all information, the underlying HTML, CFML, client- or server- side script, data, text, documents, publications for purchase, software, photographs, illustrations, graphics, designs, images, icons, video clips, audio clips, messages, the Condominium Documents and all other contents (the "Materials"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Materials originated.

The various Condominium Documents referenced in the Site and available for download by the User are provided by third party condominium property management companies and other third party vendors pursuant to agreements or other arrangements between such parties and Condominium First. Condominium First does not control the Condominium Documents posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Condominium Documents. The User acknowledges and agrees that Condominium First has no obligation to monitor or regulate the Condominium Documents or Materials posted by third parties and the User understands that by using the Site and the Service, the User may be exposed to content that is offensive, indecent or otherwise inappropriate.

Some jurisdictions (municipal, provincial, and federal) may have set restrictions and limitations on what documents a User is allowed to access, even if you could get those documents from Condominium First either for free or for a cost. The User agrees to comply with all jurisdictional laws that apply to the User, and failure to do so is the User's responsibility alone.

The User acknowledges and agrees that the User must evaluate, and bear all risks associated with, the use of any and all Materials, including any reliance on the accuracy, completeness, or usefulness of such Materials.

REFUND POLICY

Due to the nature of electronic downloads and that Condominium First does not control the Condominium Documents and the Materials posted via the Site; there is a NO REFUND policy in place. Condominium Documents, Materials and Service are sold on an "as is" basis.

PROCESS

The User acknowledges and agrees that the User's reading, removal, download, addition or modification of Materials shall only be performed through the interface and process provide by Condominium First.

INDEMNITY

The User agrees to indemnify and hold Condominium First and its subsidiaries and affiliates and any of their respective directors, officers, employees, agents or other representatives harmless from any and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or arising out of the User's use of the Materials, the Materials itself, your use of the Site or Service, your connection to the Site or Service, your violation of the Terms and Conditions of Use, or your violation of any rights of another.

PERSONAL AND NON-COMMERCIAL USE OF MATERIALS

The User acknowledges and agrees that the Site and Service is for the User's personal and non-commercial use. The User shall not modify, duplicate, copy, distribute, perform, reproduce, publish, license, create derivative works from, transfer, trade, sell or exploit for any commercial purposes the Materials or any information, products or services obtained from the Site or the Service.

PRIVACY POLICY

Condominium First is committed to protecting the privacy of its customers and has developed a privacy policy to address the use of the information it obtains from its customers. When a User registers on the Site, the User will be prompted to provide certain information, including the User's name and contact information. Please be advised that Condominium First may use your personal information for its internal business and marketing purpose and shall only disclose to third parties certain aggregate information contained in your User Profile or related data for such purposes, provided that, any personal information disclosed shall not include personally identifying information, except as specifically consented to by the User or in the good faith belief of Condominium First that such disclosure is necessary to comply with the law to enforce the Terms and Conditions of Use, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time.

Download our Privacy Policy (PDF).

Should you have any questions about Condominium First's privacy policy, please email or telephone us at (403) 299-1810.

COPYRIGHT

The User should assume that everything on the Site, such as the Materials, text, graphics, images and other materials, is copyrighted whether or not indicated and are protected by Canadian law and international treaties. Unauthorized use of the Materials may violate copyright, trademark, and other laws. The User must retain all copyright and other proprietary notices contained in the original Materials on any copy the User may make of the Materials. The User acknowledges and agrees not to sell or modify the Materials or reproduce, display, publicly perform, distribute or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other web site or in a networked computer environment for any purpose is prohibited.

TERM AND TERMINATION

The User agrees that Condominium First, in its sole discretion and at any time, may terminate this Agreement and the Terms and Conditions of Use, the User's password, the User's access and use of any and all portions of the Site or Service or use of any other Condominium First service, and remove and discard any materials, file or information within the Service, for any reason, including, without limitation, if Condominium First believes that the User has failed to comply with any terms of the Terms and Conditions of Use. Condominium First may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. The User agrees that any termination of its access to the Site or the Service under any provision of the Terms and Conditions of Use may be effected without prior notice, and the User acknowledges and agrees that Condominium First may immediately deactivate, modify or delete the User's Materials and/or bar any further access to such files, the Site or the Service. Further, the User agrees that Condominium First shall not be liable to the User or any third-party for any termination of the User's account.

NO ENDORSEMENT

The Site may contain links to other sites. These links are provided as references to help you indentify and locate other external Internet websites that may be of interest. These other sites were independently developed by parties other than Condominium First, and Condominium First does not endorse or approve of these external Internet resources and further does not assume responsibility for the accuracy, appropriateness, completeness, efficacy or timeliness of the information located at such addresses. In providing links to other sites, Condominium First is in no way acting as a publisher or disseminator of the material contained on those other sites. A link to another site should not be construed to mean that Condominium First is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyrighted material that may be reflected in the link or the description of the link to such other sites. Condominium First is not responsible for the privacy practices of such external Internet websites. Condominium First encourages users to review the privacy policies of any external Internet websites before navigating any website or disclosing personal information online.

CHANGE OF TERMS AND CONDITIONS OF USE

Condominium First may at any time, and at its sole discretion, modify these Terms and Conditions of Use, with or without notice. Such modifications will be effective immediately upon posting. The User agrees to review these Terms and Conditions of Use periodically and the User's continued use of the Site following such modifications will indicate the User's acceptance of the modified Terms and Conditions of Use. If the User does not agree to any modification of these Terms and Conditions of Use, the User must immediately stop using the Site.

The last revision date of for the Terms and Conditions of Use is set forth below.

Last revised: August 12, 2009

DISCLAIMER OF WARRANTIES

The User expressly understands and agrees that:

1. Access and use of the Site and the Service is at the User's sole risk and the information provided by the Site and the Service is provided on an "AS IS" basis. Condominium First expressly disclaims all warranties or conditions of any kind, whether express or implied, including, but not limited to, the implied merchantability of fitness for a particular purpose, and non-infringement.
2. Condominium First makes no warranty that:
   1. the Site, the Service or the Materials will meet your requirements;
   2. the Site, the Service or the Materials will be uninterrupted, timely, reliable, secure, or error-free;
   3. the quality of the Site, the Service or the Materials purchased or obtained by the User through the Site or Service is accurate, reliable, current, omission free and complete; or
   4. any errors in the software of the Site will be corrected.
3. Condominium First cannot and does not guarantee or warrant that the Materials and files available for downloading through the Site and the Service will be free of infection of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Any Materials or files downloaded or otherwise obtained through the use of the Site or the Service is done at the User's own discretion and risk and the User shall be solely responsible for any damages to the User's computer system or loss of data that results from the download of any such Materials or files.
4. The Site contains links to servers maintained by other organizations. Condominium First does not provide any warranty about the accuracy or source of the information found on any of these servers or any file the User might choose to download from a third party web site.
5. No advice or information, whether oral or written, obtained by the User from Condominium First or through or from the Site or Service shall create any warranty not expressly stated in the Terms and Conditions of Use.

The above provisions of Disclaimer of Warranties shall survive the termination of the User's right to use the Site and the Service.

LIMITATION OF LIABILITY

The User expressly acknowledges and agrees that Condominium First and its subsidiaries and affiliates and any of their respective directors, officers, employees, agents or other representatives, shall not be liable for any direct, indirect, special, incidental, consequential damages or any other damages whatsoever and howsoever caused, including any loss of use, lost data, lost business profits or goodwill, business interruptions, or other intangible losses (even if Condominium First has been advised of the possibility of such damages) personal injury or any other pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious actions arising out of or in connection with the following:

1. the use or the inability to use the Site and the Services;
2. the accuracy or the inaccuracy of the Site, the Service, the Materials, products or any downloaded information and material from the Site;
3. the reliance on the information available on the Site;
4. the cost of the procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service or the Site;
5. unauthorized access to or alteration of the User's User Profile, transmissions or data;
6. statements of conduct of any third party on the Site; or
7. any other matter relating to the Site or the Service.

These above provisions of Limitation of Liability shall survive the termination of the User's right to use the Site and the Service.

GENERAL TERMS

The laws of the Province of Alberta and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this Agreement and the Terms and Conditions of Use. The User consents and submits to the non-exclusive jurisdiction of the courts of the Province of Alberta in any action or proceeding instituted under or related to this Agreement. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder.