Terms of Service
The following terms and conditions (the “Terms of Service”) are the Terms of Service for our website: IMBYx.com (the “Site”) made available by IMBY Real Estate Corp.(“IMBY”, “we”, “us” or “our”).
The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Contents.
These Terms of Service constitute a legally binding agreement between you and IMBY regarding your use of and access to the Site. You acknowledge and agree that IMBY may, in its sole discretion, change, improve and/or correct any functionality or Contents of the Site and to suspend and/or deny access to the Site for any reason, without any obligation and without any notice.
These Terms of Service do not alter in any way the terms and conditions of any other agreement you may have with IMBY, unless otherwise agreed to in writing by IMBY. If you breach any of these Terms of Service, your authorization to use the Site automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Site.
By using this Site, you represent and warrant that you are at least the age of majority in your province or territory of residence, or in any event, at least eighteen (18) years of age.
2. Accepting the Terms of Service and Additional Terms
By accessing and using the Site in any manner, you acknowledge that you have read these Terms of Service and all of the terms and conditions contained herein. Before continuing to use the Site, please read these Terms of Service and contact us if you have any questions.
IMBY reserves the right to amend, modify and supplement these Terms of Service from time to time as it sees fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Site (“Additional Terms”). By accessing and using the Site, you accept and agree to comply with and be bound by such Additional Terms. Please review these Terms of Service from time to time to ensure that you are aware of and understand any Additional Terms.
3. Investment Opportunities
This site does not provide or offer investor services outside of British Columbia. Nothing contained in this Site is intended to nor does it constitute an offer or solicitation to purchase securities to any person in the United States or to any U.S. person as such term is defined under the Securities Act of 1933, as amended.
This Site may not be considered an offer or a solicitation to purchase or sell any particular security. Investment opportunities are only available to pre-qualified individuals or institutions and are offered via an applicable exemption from prospectus requirements under Canadian securities laws. No offer or solicitation may be made prior to the delivery of applicable prospectus exemption documents. This Site is provided for informational purposes only, may not be complete, and may not contain certain material information about a particular issuer, including important disclosures and risk factors associated with an investment in a particular issuer.
This Site does not take into account the particular investment objectives or financial circumstances of any specific person who may view it and the information contained in the Site has been prepared by without reference to any particular user’s investment requirements or financial situation. The contents of this Site do not constitute financial, legal, or tax advice. Before making an investment, prospective investors are solely responsible and are advised to thoroughly and carefully review each issuer’s offering documents with their financial, legal and tax advisors to determine whether an investment is suitable for them. A suitability assessment will be conducted on an individual before an instruction to purchase a security is accepted.
Any comments or complaints regarding the the IMBY Site should be made in writing to the Chief Operating Officer of IMBY at Support@imbyx.com
4. Use of the Site by You
Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:
- be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
- affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
- modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
- advocate or encourage any illegal activity;
- infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of IMBY or any third party;
- violate the privacy of any individual, including users of the Site; or
- violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).
In order to access certain products and services offered on the Site or as part of the account registration process, you may be required to provide information about yourself (such as identification or contact details and jurisdiction of residence). You agree that any registration information you give to IMBY will always be accurate, correct and up to date. You also agree that you will be the only authorized user of the Site under these Terms of Service and will be solely responsible for the confidentiality of any username and password supplied by you or provided to you. Should you become aware of any unauthorized use of your username or password with respect to any activity on the Site, you must immediately notify us via email or otherwise in writing. Upon receipt of such notice, we will take reasonable steps to stop any activity using your username or password, but neither IMBY, nor any of its respective directors, officers, employees, agents, representatives or affiliates can or will have any responsibility or liability to any person whose claim may arise for any claims with respect to the handling or mishandling of any transaction on the Site resulting from the unauthorized use of your username or password.
Unless you have been specifically permitted to do so in a separate agreement with IMBY, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents or any IMBY products and services for any purpose.
You agree that you are solely responsible for (and that IMBY has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Service and for the consequences (including any loss or damage which IMBY may suffer) of any such breach.
Certain areas of the Site are available only to users who have been authorized by IMBY to access them. By accessing these portions of the Site and viewing its Contents, you agree to keep all such materials confidential. You agree not to disclose or otherwise provide any material obtained from the Site, including information relating to the nature or content of the investment opportunities presented on the Site, to any person. Any non-confidential use must be authorized in writing and in advance by IMBY.
5. User Generated Content
You acknowledge and agree that you will be solely responsible for any content posted to the Site by you, including any events, news items, photos, videos, or comments (“User Content”). IMBY will not be liable in any way for any such User Content submitted. You further agree that you will not:
- submit any User Content which is harassing, abusive, threatening, harmful, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way.
- submit any User Content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents. You shall be solely liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights;
- submit any User Content which contains a virus or other harmful components;
- engage in activity that interferes with or disrupts the use of the Site by other users;
- submit any User Content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities; or
- make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity.
You agree that no User Content submitted by you to the Site will:
- violate any right of any individual, group, community or business, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights;
- be libelous or contain libelous or other otherwise unlawful, slanderous abusive, or obscene material, or constitute the misappropriation of trade secrets of any third party; or
- disparage the products or services of any third party.
IMBY does not pre-screen, monitor or edit the User Content posted or submitted to the Site. However, IMBY reserves the right to edit, limit or remove any such User Content in its sole discretion. Notwithstanding, you shall remain solely responsible for any User Content you submit or post.
You may be exposed to User Content on the Site that is inaccurate, incomplete or unsuitable. Please notify IMBY (with the contact information posted at the bottom of this document) of any illegal or inappropriate User Content, and IMBY will take appropriate action. IMBY will ensure that any offending comments are removed, and take appropriate action against the offender. IMBY will not be responsible for the User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.
IMBY may establish procedures and practices relating to the use of and participation in the Site. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, limitations on the number and type of User Content submitted at any given time and the number of days content will be saved before deletion. IMBY will not be responsible for any User Content deleted by IMBY or otherwise, or for your inability to submit any User Content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (collectively, “Submissions”), provided by you to IMBY are non-confidential and shall become the sole property of imbyx.com which owns exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
7. Links to Third-Party Sites
Use of certain links on the Site will direct you away from the Site to third party websites. Such third party websites are not under the control of IMBY, and IMBY is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by IMBY of any such website or the products or services offered therein. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that IMBY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
8. Privacy and Personal Information
9. Intellectual Property Rights
The Site together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Site, is the exclusive property of IMBY, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with IMBY, nothing in these Terms of Service gives you a right to use any of the Contents, IMBY’s trade-marks or other intellectual property of IMBY. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party.
You may use the Site and the Contents solely for your non-commercial and limited personal use and for no other purposes.
No information or statement contained in these Terms of Service or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of IMBY or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.
You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of IMBY or its owner if IMBY is not the owner.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
The limited rights granted to you under these Terms of Service may be revoked by IMBY at any time for any reason whatsoever.
10. Electronic Signatures
At certain times during your use of the Service, you may be requested to accept or decline or otherwise acknowledge certain terms and conditions, agreements, notices and/or disclaimers. You may also be asked to employ an S-Signature – a set of alphanumeric and/or non-alphanumeric characters of your own choosing, inserted between forward slash marks – to complete certain acknowledgements, agreements and/or instructions. In each such instance, you agree that your clicking on the appropriate box, tab, or other link, or your use of an S-Signature, constitutes an electronic signature for the purposes of your use of the Service. The electronic record thereof will be considered conclusive evidence of you having accepted, declined, or otherwise acknowledged such matter, absent manifest error by IMBY.
11. Third-Party Information
Any third-party content, data or publications made available through the Site are furnished by IMBY on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of IMBY. IMBY DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
12. No Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, IMBY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMBY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE Terms of Service.
IMBY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. Limitation of Liability
SUBJECT TO SECTION 12 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IMBY, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SITE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON IMBY’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT IMBY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
We may terminate your use of the Site and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If you want to terminate your account with IMBY, you may do so by closing your account, where IMBY has made this option available to you.
IMBY may at any time, terminate your use of the Site if:
(a) you have breached any provision of these Terms of Service (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Service);
(b) IMBY is required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful);
(c) the partner with whom IMBY offered the services to you has terminated its relationship with IMBY or ceased to offer the services to you; or
(d) the provision of the Site to you by IMBY is, in IMBY’s opinion, no longer commercially viable.
When these Terms of Service come to an end, all of the legal rights, obligations and liabilities that you and IMBY have benefited from, been subject to (or which have accrued over time while the Terms of Service have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.
You agree to indemnify, defend, and hold harmless IMBY and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Service, and (b) your use of the Site.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
You agree that IMBY may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the Site.
You agree that if IMBY does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which IMBY has the benefit of under any applicable law), this will not be taken to be a formal waiver of IMBY’s rights and that those rights or remedies will still be available to IMBY.
If any provision of these Terms of Service is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Service and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The laws of the Province of British Columbia and the federal laws applicable therein shall govern these Terms of Service in all respects, without giving effect to conflicts of laws principles.
No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.
17. Obtaining IMBY’s Consent
To request the consent of IMBY for any of the actions for which such consent is required under these Terms of Service, please send an e-mail to Support@IMBYx.com. IMBY reserves the right to refuse any such requests in its sole discretion.