RVscape's Terms of Sale
READ THESE TERMS OF SALE CAREFULLY AS THEY GOVERN YOUR USE OF THE LISTING SERVICE AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, MONETARY DAMAGES, INJUNCTION, LEGAL REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
These Terms of Sale (“Terms”) apply to any individual or entity who uses the listing feature (the “Listing Service”) to list a rental on RVscape.ca (the “Site”). These Terms are in addition the RVscape’s Terms of Use found at https://rvscape.com/terms-of-use which together form a legally binding contract between you and Spark Health Ltd. (“RVscape”). By using the Listing Service to advertise on the Site, you represent and warrant that:
(a) the property is eligible to be listed using the Listing Service, meaning the property is an RV Site or RV Lot and for lease or sale;
(b) you own or have the right to advertise the property you are listing;
(c) you have the right to lease or sell the advertised property;
(d) you are willing to lease or sell the advertised property at the price and on any other terms specified in your listing;
(e) you will not advertise more than one property in a single listing on the Listing Service, either by including descriptions of multiple units in one listing or by subsequently updating the listing information to advertise different properties or units;
(f) upon leasing or selling or otherwise taking your property off the market, you will within 72 hours remove the listing for that property;
(g) you will not use the Listing Service to advertise or promote anything, including, without limitation, any product, service or business, other than the unique property offered for lease or sale;
(h) you will not use the Listing Service or the Site for any fraudulent, false, misleading or deceptive activity;
(i) all Content that you provide to RVScape and everything in your listing, including without limitation, any photos or text description, is truthful, accurate and complete and comply with all local, provincial and federal laws and regulations, including without limitation, fair housing laws;
(j) you are solely responsible for any and all listings you add using the Listing Service, and all ads, photos, descriptions, data, or other information (“Content”) you submit to the Site;
(k) you have all the rights necessary to post your listings using the Listing Service, including, without limitation, all content, photos, data, text, and other Materials contained therein, on the Site; and
(l) photos you upload to the Listing Service will only show the property listed for rent or sale and shall not include, under any circumstances, people, animals, trademarked items, religious symbols, or other objects or features not part of the apartment or apartment community.
By submitting a listing via the Listing Service, you grant to RVscape, its affiliates, and its parent and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use and exploit the Content that you submit. The permission you grant RVscape includes express permission to syndicate the listing and Content to affiliated or partner sites.
RVscape reserves the right, in its sole discretion, to remove any listing or Content from the Listing Service, without notice and without liability, that does not meet the requirements of these Add a Listing Terms of Service, the Site’s Terms of Use, RVscape’s policies, or if RVscape otherwise determines or believes, in its sole and exclusive discretion, is inappropriate for any legal, business, technical or other reason.
LIQUIDATED DAMAGES.
Violations of these Terms of Sale harm the integrity, functionality, and reputation of RVscape; detract from users’ and our customers’ trust in and use of the Site; and damage the business of RVscape. Accordingly, you acknowledge and agree that RVscape incurs actual damages, which are extremely difficult and/or impossible to quantify, as a result of any violation of these Add a Listing Terms of Service.
You agree that it is fair and reasonable for RVscape, as its option, to recover liquidated damages for past violations in the amount specified below, which represents a reasonable estimate of the actual damages incurred by RVscape for each such violation you commit and to seek and obtain injunctive relief to prevent future violations.
You agree that monetary damages alone would not provide a sufficient remedy to RVscape for violations of these Add a Listing Terms of Service, and You consent to injunctive or other equitable relief for such violations without the requirement that RVscape post a bond.
You agree specifically that the availability of liquidated damages does not impact RVscape’s right to obtain injunctive relief.
You further acknowledge and agree that the imposition of liquidated damages for each such violation of the Terms is independent and distinct, and that the assessment of total liquidated damages for multiple violations of the Terms is cumulative.
$5,000 PER LISTING.
You agree to pay $5,000 per advertisement on the Site that contains false or fraudulent content (including but not limited to false or misleading property location, descriptions, photos, or contact information.)
GENERAL LIMITATIONS.
In most cases, listings added using the Listing Service will appear on the Site within 48 hours of submission.
RVSCAPE DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THE LISTING SERVICE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL LEASE OR SELL YOUR PROPERTY, OBTAIN AN ACCEPTABLE RENT OR SALE PRICE FOR YOUR PROPERTY, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED RENTERS OR BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR PROPERTY FOR LEASE OR SALE.
RVscape reserves the right to, but is under no obligation to and does not assume any obligation to, review listings added using the Listing Service before and/or after they are posted to the Site to confirm information relating to the advertiser and the advertised property and to investigate complaints and suspicious activity. If RVscape determines, in its sole and exclusive discretion, that you are engaging in any unfair, deceptive, false, misleading or fraudulent practices, or that your listing violates any laws or guidelines, RVscape reserves the right to reject or immediately remove your listing from the Site without notice and without liability, as described above.
MISCELLANEOUS.
These Terms of Sale may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms on this page of the Site. Your continued use of the Listing Service or the Site after the posting of any revised Terms shall constitute your agreement to be bound by any such changes. RVscape may modify, suspend, discontinue or restrict the use of any portion of the Listing Service or the Site without notice or liability.
These Terms will be governed by and construed in accordance with the laws of the Province of Alberta without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Listing Service or the Site must be exclusively filed in the courts of Alberta, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the courts of the Province of Alberta, and waive any objection based on forum non conveniens.
As a condition of using the Listing Service and the Site, you agree that all causes of action arising out of, or connected with the Listing Service or the Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Terms will continue in full force and effect.
Failure by RVscape to enforce any provision of the Terms will not be deemed a waiver of future enforcement of that or any other provision of the Terms. Nothing herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE LISTING SERVICE AND MUST EXIT THE SERVICE IMMEDIATELY.