Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
By using or downloading information from this Web site, you represent that you have read and understand these Terms and Conditions of Use and agree to be bound by them. If you do not agree with these Terms and Conditions of Use, in whole or in part, please do not continue to use this Web site.

Updates

LuxuryHomes.com ("Vertical Properties, Inc.") reserves the right to make changes to the www.LuxuryHomes.com web site and these Terms of Use at any time and may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Your use of this site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the site.

COPYRIGHT AND RESTRICTIONS ON USE OF MATERIALS

All material found in the pages of this web site is protected under the copyright laws of Canada, the United States and of other countries. The display of trademarks, trade names or service marks on pages at this web site does not imply that a license of any kind has been granted to anyone else. You are free to download the material posted on this web site for non-commercial purposes, to store it temporarily on a single computer, and to print it solely for your own personal purposes. You agree that you do not acquire any ownership rights in any downloaded content. You may not distribute copies of the material for any purpose or 'frame' it in any site you create or operate, without written consent from LuxuryHomes.com ("Vertical Properties, Inc."). You agree to abide by all copyright notices, information and restrictions contained in any content on this web site. Any unauthorized downloading, transmission, re-publication or other copying or modification of material posted on this web site, including trademarks, trade names and service marks, may violate federal, common or civil law trade-mark law and copyright law, and may result in legal action. Point Pleasant Lodge reserves the right to take legal action against any unauthorized use of the trade-names, trademarks and images pertaining to Point Pleasant Lodge and any affiliates found on this website.

Liability

You agree to indemnify, defend and hold harmless LuxuryHomes.com ("Vertical Properties, Inc.";), its affiliates, third party beneficiaries under this Agreement, and their respective employees, contractors and directors from all liability, damages, losses, costs or expenses (including, but not limited to, reasonable attorney's fees and expenses) incurred in connection with any claim related to (i) a breach by You of a term, condition, representation, or covenant in this Agreement, or (ii) Your Content (including but not limited to warranty claims, consumer protection claims, and false or misleading advertising claims arising from materials included therein).

IN NO EVENT SHALL LUXURYHOMES.COM OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO TORT, INCLUDING NEGLIGENCE, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL LUXURYHOMES.COM'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT RECEIVED BY LUXURYHOMES.COM FROM YOU UNDER THIS AGREEMENT.

Jurisdictional Issues

This Agreement shall be governed by and construed under the laws of the Province of British Columbia and Canada without regard to conflicts of laws provisions thereof. All actions arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts within Kelowna, British Columbia, Canada, and the parties agree and submit to the exclusive jurisdiction and venue of these courts. In the event of litigation between the parties, the prevailing party shall be entitled to reasonable attorneys' fees in addition to other relief. Except as provided herein, no modification of this Agreement shall be binding unless in writing and signed by You and an employee of LuxuryHomes.com of the Vice President level or above. If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect. No party shall be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond the party's reasonable control, including without limitation, acts of God, any governmental body or failure of software or equipment of third parties. All rights and remedies hereunder are cumulative. This Agreement and any exhibits attached hereto constitute the entire agreement between You and LuxuryHomes.com with respect to the subject matter hereof.

Security

This Site is not a secure medium for communication except where indicated. Any confidential, proprietary, or sensitive information transmitted by a user by means of this Site may be read and copied by unauthorized persons.

Link

The LuxuryHomes.com ("Vertical Properties, Inc.") sites contain links to other Web sites. None of the information that you provide to us will be transmitted to other Web sites. LuxuryHomes.com ("Vertical Properties, Inc.") is not responsible for the privacy practices or the content of such Web sites.

Privacy Policy

LuxuryHomes.com, Vertical Properties, Inc., and its subsidiary, LuxuryHomes.com, Vertical Properties, Inc., ("LuxuryHomes.com") have created this Privacy Policy in order to demonstrate our firm commitment to privacy. Effective January 1, 2004 the federal government enacted the Personal Information Protection and Electronic Documents Act (PIPEDA). The purpose of PIPEDA is to regulate the private sector's collection, use and disclosure of personal information. This policy is to make you aware of your rights concerning the handling of your personal information. For more information about this legislation, please visit the official Web site of the Privacy Commission of Canada at http://www.privcom.gc.ca. LuxuryHomes.com web sites do not automatically gather any specific personal information from you, such as your name, phone number or e-mail address. We would only obtain this type of information if you supply it by sending us an e-mail or registering in a secure portion of the site. Throughout your use of the real estate services on this site, you may communicate extensively with a REALTOR® or Broker. The agent may use your email address and all of the information you submit in order to provide you with guidance, suggestions and service in your efforts to either sell or buy real estate. LuxuryHomes.com also collects the e-mail address provided through the "Contact Us", “Send an Inquiry”, “Send Email”, “E-mail to a Friend” features of this web site, so we can respond to your questions or suggestions.

Usage tracking:


Use of IP Addresses:

An IP address is a number that is automatically assigned to your computer whenever you're surfing the Internet. Web servers automatically identify your computer by its IP address. LuxuryHomes.com and/or its affiliates collect IP addresses for the purposes of system administration, to report aggregated information to our advertisers, and to audit the use of our website. When Customers request pages from our website, our servers log the requesting Customers' IP addresses. Except where you participate in any online transaction LuxuryHomes.com may offer from time to time, we normally will not link IP addresses to anything personally identifiable, which means that Customers' sessions will be logged, but Customer identity remains anonymous to us. We can and will use IP addresses to identify a Customer when we feel it is necessary to enforce compliance with our rules or terms of service or to protect our service, website, or any person, or where it is otherwise permitted by law.

Cookies:

LuxuryHomes.com may also use on its Internet properties a personalization technology called a "cookie." A cookie is a small text file placed on your computer's hard disk that identifies your browser software to a Web site. Cookies allow us to track when you enter, leave, and re-enter our sites and what path you take through our sites. In doing this, we can provide you with a more personalized experience.

Securing Your Data:

The importance of securing your Information is of the utmost concern to us. We exercise great care in providing secure transmission of your Information from your PC to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Information, LuxuryHomes.com and its affiliates cannot promise or warrant the security of any Information you transmit to us, including through the use of our online products or services. Any such transmission is done so at your own risk. Once we receive your transmission, LuxuryHomes.com uses industry standard efforts to safeguard the confidentiality of your Information, such as firewalls and Secure Socket Layers. However, ironclad security does not yet exist on the Internet.

What is defined as Personal Information?

Personal information is information about an identifiable individual and includes information such as:

  • home address and home telephone number, credit card and banking information, product purchase information

"LuxuryHomes.com" commitment to the privacy of personal information includes the adoption of the following 10 principles of fair information practices.

THE 10 PRINCIPLES OF FAIR INFORMATION PRACTICES

  • Accountability: An organization is responsible for personal information under its custody and shall designate an individual or individuals who are accountable for the organization's compliance with the following principles.
  • Identifying Purposes: The purposes for which personal information is collected shall be identified by the organization at or before the time the information is collected.
  • Consent: The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except where inappropriate.
  • Limiting Collection: The collection of personal information shall be limited to that which is necessary for the purposes identified by the organization. Information shall be collected by fair and lawful means.
  • Limiting Use, Disclosure and Retention: Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfillment of those purposes.
  • Accuracy: Personal information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
  • Safeguards: Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.
  • Openness: An organization shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.
  • Individual Access: Upon request, an individual shall be informed of the existence, use and disclosure of his or her personal information, and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
  • Challenging Compliance: An individual shall be able to address a challenge concerning compliance with the above principles to the designated individual or individuals accountable for the organization's compliance.

Contact

If you have any queries in relation to the use and protection of your personal data, please contact us at info@luxuryhomes.com.

Disclaimer

To the fullest extent of our knowledge, this web site and the materials are provided by Real Estate Agents, Real Estate Brokers and or their assistants. LuxuryHomes.com expressly disclaims all warranties of any kind, whether express, implied, or statutory including, but not limited. Pricing errors listed with properties are not the responsibility of LuxuryHomes.com. We do not warrant that this web site or the materials contained in this website are completely error free, will operate without interruption, are compatible with all equipment and software configurations, free of viruses, errors, or other harmful components. If you find any errors please feel free to email changes to info@luxuryhomes.com.