KNEW REALTY RESEARCH INC.

LEGAL TERMS OF USE

 

IMPORTANT: PLEASE READ THESE LEGAL TERMS OF USE CAREFULLY AND COMPLETELY. THEY FORM A VALID AND BINDING LEGAL AGREEMENT WHICH YOU ACCEPT BY PROCEEDING, AND THEY LIMIT YOUR LEGAL RIGHTS AND IMPOSE LEGAL OBLIGATIONS.

This website (the "Portal") and the Services provided or made available through the Portal are maintained and made available by KNEW Realty Research Inc. ("Knew", “we”, “our”, or “us”). 

References to the “Services” includes access to the Portal and to software as a service, and access to our proprietary Content, as well as any other services, materials, and content of any kind provided or made available by Knew, which may include custom development of reports, and research services. 

“Content” as used herein includes all related web pages, documents, records, data, information, materials, features, functionality, reports, opinions, research results and all content of any kind (including mobile content), provided or made available by Knew or on its behalf, (collectively, the “Content”).  

All references to the Services in these Terms of Use include all Content and the Portal.

We are based in Kelowna, British Columbia, Canada, and we are subject to Canadian and British Columbia law.

GENERAL PROVISIONS

These Legal Terms of Use ("Terms of Use") apply to and govern your use of the Services and all your dealings with us.  If you access, use, view, download, print or use any of the Services, then you accept and agree to be legally bound by, and to comply with, these Terms of Use. The consideration for these Terms of Use includes the permission granted to you to receive the Services, and other good and valuable consideration, the sufficiency and receipt of which is confirmed by you.

You consent to contract, transact, and communicate electronically with Knew, and you waive any and all rights to require paper or hard copy documentation or Content, except as otherwise required by applicable law.

If you do not fully accept these Terms of Use, you should not access or use the Services. The Services are available only to individuals over the age of nineteen (19) years.  By accessing the Services, including using the Portal and accessing the Content, you warrant and represent that you are over the age of 19 years.  If you are under the age of 19 years, you are prohibited from using or accessing the Services. 

These Terms of Use will apply, without limitation, to your use of any downloadable application and any software or other technology to access the Services made available or provided by Knew.

Knew may change or amend these Terms of Use without notice at any time, and from time to time.  You agree that it is your responsibility to check for such changes each time you access or use the Services, and such access or use will confirm your acceptance of these Terms of Use as amended. 

Any breach of these Terms of Use may result in legal action, and all legal rights of Knew are expressly reserved.

In the event of any conflict between these Terms of Use and any other legal statements in the Services, these Terms of Use will apply and take priority unless the other legal statement expressly provides otherwise.

These Terms of Use relate to services and a license and are not a sale of goods. Your access to the Services is provided pursuant to a non-exclusive, revocable, temporary, personal, and limited license, constituting a mere privilege and not a right.  You do not own the Services or gain any proprietary interest in the Services. Your access to the Services may be suspended or terminated by Knew at any time without notice to you, and without liability to you, for any reason, or no reason whatsoever.

BRITISH COLUMBIA LAW APPLIES

The laws of the province of British Columbia, excluding its conflicts of laws provisions, and the laws of Canada applicable in British Columbia, shall govern your use of the Services, including without limitation the Portal and the Content, and the construction, interpretation, validity, enforcement, and effect of these Terms of Use.  The foregoing shall apply notwithstanding your physical location, jurisdiction, residence, or domicile.   Subject to the rights of Knew to commence an action for equitable or injunctive relief in any court of competent jurisdiction to restrain any breach of these Terms of Use by you, you hereby attorn and submit to the exclusive jurisdiction of the courts of the province of British Columbia, sitting at Kelowna, and without regard to the conflicts of laws provisions of such courts, in any action or proceeding related to the Services, or these Terms of Use, and you undertake and agree to not commence any action or proceeding except in Kelowna, British Columbia, Canada.  You further agree to not commence any action by way of class action or class proceedings.

 REASONABLENESS

You warrant and represent that you have read and fully understand these Terms of Use, that you fully accept and agree to them, and that they are reasonable and enforceable in the circumstances.

NO ADVICE

The Services are for informational purposes only and are not intended to provide specific financial, investment, tax, real estate, accounting, legal, business, technical, or any other advice to you, and should not be acted on or relied on without seeking appropriate professional advice from advisors who can help to ensure that proper consideration is given to your particular circumstances, and that any action you take or may avoid taking is based on professional advice and the latest information available.   

DISCLAIMER

The Services have been prepared by Knew or on its behalf in connection with providing an overview to interested actual or prospective purchasers or buyers of real estate, agents, brokers, stakeholders, analysts and/or investors and are being provided for the sole purpose of providing preliminary background information to enable recipients to review information related to real estate in various market areas. The Services are limited in scope and are not intended to provide all information regarding any particular market, listing, purchase or sale opportunity, or investment opportunity.  

The Services are not intended as and shall not constitute an offer, invitation, solicitation, or recommendation with respect to the listing, purchase, investment in, or sale of any securities or real estate in any jurisdiction and should not be relied upon as a representation of any matter that a potential investor should consider in evaluating any investment opportunity. The Services were not prepared in connection with an offering of securities and in no way constitutes an offering memorandum for the purposes of applicable securities law. 

Knew and its affiliates, subsidiaries, directors, agents, officers, advisors, or employees do not make any representation or warranty, express or implied, as to the endorsement of, the accuracy or completeness of any information, statements, representations, or forecasts contained in the Services. No responsibility or liability is accepted and any and all responsibility and liability are expressly disclaimed by Knew and its affiliates, subsidiaries, directors, agents, officers, advisors, and employees for any errors, misstatements, misrepresentations in or omissions from the Services. 

The Services provide Content which consists of factual information and, if applicable, opinions which are the opinions of their authors and not necessarily of Knew. The Services do not involve or imply a recommendation or statement of opinion in respect of whether to buy, sell, list, broker, or hold an interest in real estate, or a financial product or security. The Services do not take into account the objectives, financial situation, or needs or any person, purchaser, seller, agent, broker, or investor and independent personal advice should be obtained. Prospective purchasers, sellers, agents, brokers, and investors should make their own independent evaluation of any purchase, sale, listing, or investment. 

FORWARD-LOOKING INFORMATION

Certain statements contained in or available through the Services constitute forward-looking statements.  These statements relate to future events or performance.  All statements other than statements of historical fact may be forward-looking statements.  Forward-looking statements are often, but not always, identified by the use of words such as “seek”, “anticipate”, “plan”, “continue”, “estimate”, “expect”, “may”, “will”, “project”, “predict”, “potential”, “targeting”, “intend”, “could”, “might”, “should”, “believe” and similar expressions.  These statements involve known and unknown risks, uncertainties and other factors that may cause actual results or events to differ materially from those anticipated in such forward-looking statements. 

Knew believes that the expectations reflected in those forward-looking statements may be reasonable, but no assurance can be given that these expectations will prove to be correct and such forward-looking statements included in, or incorporated by reference into, the Services should not be unduly relied upon by readers as actual results may vary.  These statements speak only as of the date they are added to the Services, and are expressly qualified, in their entirety, by this cautionary statement, upon being added to the Services.

In particular, the Services may contain forward-looking statements, pertaining to the following: the performance characteristics of investment properties; estimated present value of future net revenue associated with investment properties; the use of proceeds; commercial development plans and the timing and location thereof; projections of property prices, lease revenue and costs; actual or potential directors, officers and management of various corporate entities; expectations regarding the ability to raise capital; capital expenditure programs; potential liquidity events and timelines; growth strategies and opportunities; treatment under governmental regimes, regulation, and tax laws; potential lease arrangements of various entities; and expected levels of operating costs, general administrative costs, costs of services and other costs and expenses.

With respect to forward-looking statements contained in the Services, the author or authors of such forward-looking statements may have made assumptions regarding, without limitation, and among other things: assumptions as to growth, capital expenditures, cash flows, sales, costs and expenses; availability of directors, officers, employees, developers and contractors; finding tenants and negotiating leases at rates that will produce good rates of return; that costs related to commercial development will remain consistent with historical experiences; the impact of competition; and the ability of entities involved to complete the financing and to obtain additional financing on satisfactory terms.

Actual results could differ materially from those anticipated in these forward-looking statements as a result of these risk factors, including but not limited to: the need for, and ability to obtain, funding; reliance on key personnel; failure to obtain third party consents and approvals, when required; unforeseen title defects; competition for, among other things, capital, acquisitions of commercial property, undeveloped lands, skilled personnel, equipment and supplies; unpredictable weather or other natural conditions; general economic and market factors; finding tenants and negotiating leases at rates that will produce good rates of return; tenant inducements; the early stage development of Knew and the lack of operating and earning history of any entity; general political, legal, economic, and social uncertainties; the actual results of business plans or operational activities being different from pro forma results; accidents and other risks inherent in the construction and development industries; lack of insurance; timing and availability of external financing on acceptable terms; lack of qualified, skilled labour or loss of key individuals; and fluctuations in currency and interest rates.

Investors, purchasers, and sellers should not place undue reliance on forward-looking statements as the plans, intentions, or expectations upon which they are based might not occur.  Readers are cautioned that the foregoing lists of risk factors are not exhaustive.  All forward-looking statements contained in the Services are expressly qualified by this cautionary statement.  Knew does not undertake any obligation to revise any forward-looking statements, whether as a result of new information, future events, or otherwise, other than as required by law.

OWNERSHIP OF SERVICES, PORTAL AND CONTENT

This Services, and any and all trademarks, trade names, designs, and logos, and the layout, selection and arrangement of the Services, the Portal, and the Content, and their respective features, are subject to copyright, trademark and other intellectual property rights of Knew, as applicable, or its licensors, and to international laws and treaties protecting intellectual property.  Any trademarks of third parties are the property of such third parties. All rights not expressly granted are reserved. 

GRANT OF LIMITED LICENSE

You are granted a non-exclusive, revocable, temporary, personal, and limited license to access and use the Services, including to download, display, view and print the Content for your own personal and non-commercial use, provided that you do not modify the Services or the Content, remove any proprietary notices, or copy or use the Services or the Content in any manner not expressly permitted by these Terms of Use.   The foregoing license is a mere privilege and not a right and is conditional upon your accepting and agreeing to these Terms of Use and your strict compliance with them.  No other right, title, interest, or license is granted, either expressly or by implication.   

Any other copying, reproduction, publication or republication, modification, download, upload, posting, distribution, dissemination, or transmission of the Services, the Portal, or the Content not expressly permitted by these Terms of Use is prohibited and may constitute infringement and violation of rights of confidentiality and intellectual property rights, including without limitation copyright and trademark rights, and other legal or equitable rights of Knew.    

AVAILABILITY

The Services are made available “as is”, “where is”, “as available” and “when available”, without warranty or condition of any kind, express or implied.  The Services are not available where prohibited by law and are only available where Knew is permitted by law to provide the Services and further where Knew agrees to make the Services available.  

ASSUMPTION OF RISK AND COMPLIANCE WITH LOCAL LAWS

If you choose to access the Services, you do so entirely at your own risk and on your own initiative, and you are responsible for compliance with all applicable local, provincial, state, national or international laws.

SUBSCRIPTIONS TO CONTENT

Services and Content may be made available by prepaid subscriptions. Where you subscribe to receive Services and Content in the form of access to, and provision of, periodical newsletters, reports, and other similar Content (“Subscriber Content”), you agree to these Terms of Use, including, without limitation, the following:

• Subscriptions are paid annually and in advance.
• We have the right to refuse subscriptions and Subscriber Content to anyone at any time.
• We have the right to modify or change the Content or the Services at any time, and from time to time, without notice.
• We have the right to monitor your use of the Services and Subscriber Content to ensure compliance with these Terms of Use.
• We may terminate your subscription at any time, without notice, if you share or disclose usernames, passwords, or login credentials to anyone, or if you provide false or misleading information to us, or lie to us, or if you do, or refrain from doing, anything that constitutes a material breach or contravention of these Terms of Use.

SUBSCRIBER OBLIGATIONS

In consideration of Knew agreeing to provide Services and Subscriber Content to you, you agree as follows:

• You will comply with these Terms of Use at all times.

• You will not engage in data mining, data scraping, screen scraping, web scraping, or similar bulk downloads, exports, or imports of data from Subscriber Content or use or permit the Services and Subscriber Content to be used at any time, either directly or indirectly, for any other purpose than expressly permitted herein, or by any other person, party, or entity, including, without limitation, as a service bureau or otherwise to provide products and/or services to any third party.

• If you have, own, manage, operate, or represent a project, development, sub-development, subdivision, market rental, condominium complex, townhome development; or similar matter under development or under operation by you (the foregoing being collectively referred to as a “Project”), you agree to provide data and information (“Subscriber Data”) to Knew as set out in these Terms of Use, or in any subscription form or other agreement you may have entered into with Knew, or may in the future.
• Your Subscriber Content will be delivered by you to Knew on a quarterly basis, at the date ten days before the end of each calendar quarter comprising January 1 – March 31, April 1 – June 30, July 1 – September 30, and October 1 to December 31 in each year that you have a Project and Subscriber Data to provide. 
• You agree that Knew may collect, aggregate, process, use, disclose, and distribute your Subscriber Data without personal information as part of the Services and Subscriber Content available to you and to others as subscribers.  You grant all necessary waivers and licenses to Knew to fully give effect to the foregoing.
• You acknowledge and agree that the value and reliability of Subscriber Content and the Services is derived in large part from all subscribers, including you, providing complete and accurate information and data in the form of Subscriber Data, and that your failure to provide complete and accurate Subscriber Data would be likely to cause losses to not only Knew, but also to numerous third parties.  Accordingly, you warrant and represent that all Subscriber Data you provide under this Agreement will be, to the best of your knowledge, and after duly diligent inquiry, complete and accurate as of the date provided, and you will indemnify and save harmless Knew from any damages, losses, or claims, including third party claims and all legal costs on a solicitor and own client basis, resulting from your breach of the foregoing warranty.  In addition, you acknowledge and agree that, upon your breach of the foregoing warranty, Knew may terminate this Agreement immediately and, without limitation to all of Knew’s other legal and equitable rights and remedies, you will forfeit all deposits and pre-paid consideration for the Services that Knew has received from you, and Knew shall be entitled to retain such deposits and consideration without liability to you.

BETA TESTING

Subject to these Terms of Use, the Services may be made available on a “beta testing” basis, meaning that the functionality of the Services, or the content of the Content, is under development or may be unfinished.  In such case, you agree that not only will all disclaimers and limitations in these Terms of Use apply to you, but that you access and use the Services solely at your own risk, and that you will promptly notify Knew of any errors, omissions, or other issues related to the performance of the Services of the contents of the Content. 

CONTACTING US AND PROVIDING OR RECEIVING INFORMATION

Subject to these Terms of Use, the Services may permit you to contact Knew to receive information, to provide Knew with questions or comments, to obtain information, and for such other purposes as Knew may permit from time to time.   Knew requests that you provide Knew with only such personal information as you reasonably should disclose in order to permit Knew to provide you with information, respond to you, or consider your queries. 

Knew accepts no liability for any failure to receive your information, or for any loss of, or damage to, information in transit to Knew, or received by Knew.   Any personal information you provide is considered by Knew to have been provided with your consent, permitting Knew to collect, use and disclose such personal information for reasonable purposes related to your contacting Knew or receiving information from Knew.   The policies of Knew related to personal information and this Website are set out in Knew’s Privacy Policy < Link>.

INFORMATION PROVIDED BY YOU

Any submission by you of any request, suggestion, improvements, instructions, or application is subject to acceptance by Knew, and may be rejected or declined by Knew.

You agree, warrant, and represent that you have all necessary rights to submit or provide all information and materials that you provide to Knew through the Services, that the information and materials do not infringe, violate, or misappropriate the rights of any third party, and that the information and materials are true, accurate, complete, and correct.  You grant an irrevocable and non-exclusive license to Knew to use, copy, display, transmit, and distribute any and all information and materials submitted via the Services for any lawful purpose.  

USERNAMES AND PASSWORDS

Usernames and passwords may be created by you during the registration process or provided to you by Knew. You should ensure that your password does not contain or refer to any word that may easily identify you (including name, address, telephone number, plan or account number, birth date of you or a family member, information about your or related to you and readily available online or on social media, etc.). We may refuse usernames or passwords which we find unacceptable or objectionable for any reason, or we may change your password or other login credentials at any time upon notice to you.

You agree to not disclose or provide your username or password to any other person (including to our employees or advisors) or to permit any other person to gain access to the Portal or the Content utilizing your username or password. You are solely responsible for maintaining the security and confidentiality of your username and password.

Knew may treat, and shall be entitled to treat, any person who uses your username and password as you.

You agree to notify us immediately if your username or password has been disclosed to or learned by another person, or if you become aware of any known or suspected security breach including the use of your username or password by another person to gain access to the Portal or the Content.

YOUR CONDUCT

You will not do or attempt to do any of the following:

• modify, translate, reverse engineer, decompile, disassemble, alter, copy, or create compilations, translations, abridgements, derivations, or derivative works based on the Services, or assist or allow anyone to perform any one or more of those acts;

• modify, translate, alter, copy, or create compilations, translations, abridgements, derivations, or derivative works based on the Services, except for personal and non-commercial use;

• transfer the limited license granted herein to any third party or assign these Terms of Use (and any attempt to do shall be void);

• remove, alter, or obliterate any of our proprietary notices, labels, or marks, or those of any third party in in the Services;

• use or permit the Services to be used at any time, either directly or indirectly, for any other purpose than expressly permitted herein, or by any other person, party, or entity, including, without limitation, as a service bureau or otherwise to provide services to any third party.

In the course of using the Services, or in any way connected with the Services, and without limitation, you agree not to:

• transmit any material that may infringe the intellectual property rights, legal rights, equitable rights, or other rights of third parties, including trademark, patent, trade secrets, copyright, confidentiality, privacy, or right of publicity;

• transmit any material that contains software viruses or other harmful or deleterious computer code;

• interfere with or disrupt servers or networks hosting or connected to the Services or violate the regulations, policies or procedures of such networks;

• attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, by any means;

• in harass or interfere with another user's use and enjoyment of the Services; or

• post or transmit any content that is obscene, pornographic, racist, discriminatory, contains nudity or sexual acts, is violent, exploits any group, or otherwise is objectionable or illegal.

 DISCLAIMERS AND LIMITATIONS

The Services are for general informational purposes only and are provided merely as a convenience for interested parties.  The Services do not constitute business, financial, investment, tax, legal or other advice and you agree that you will not act, or refrain from acting, in reliance on or based on the Services. 

WHILE KNEW HAS MADE REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE SERVICES, AND ANY CONTENT IS BELIEVED TO BE REASONABLY ACCURATE AS OF THE TIME OF POSTING, KNEW DOES NOT GIVE, AND YOU DO NOT RECEIVE, ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE AS TO THE VALIDITY, CORRECTNESS, ACCURACY, CURRENCY, TIMELINESS, COMPLETENESS, RELIABILITY, SUFFICIENCY, OR OTHERWISE OF THE SERVICES, THE CONTENT OR THE PORTAL, INCLUDING ALL CLAIMS OR INFORMATION CONTAINED IN THE SERVICES, CONTENT, OR PORTAL.   YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, CONTENT, AND THE PORTAL MAY NOT ALWAYS BE THE MOST CURRENT SOURCE OF INFORMATION, AND YOU FURTHER AGREE THAT KNEW ACCEPTS NO RESPONSIBILITY FOR, AND SHALL HAVE NO LIABILITY TO YOU FOR ANY FAILURE TO UPDATE THE SERVICES, THE CONTENT, OR THE PORTAL IN A TIMELY FASHION, OR AT ALL. 

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL KNEW, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS, OR AGENTS, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY LOSS, CLAIM, COST OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, ARISING OUT OF ANY USE OF OR MISUSE OF, OR DOWNLOADING OR VIEWING OF, OR INTERPRETATION OF OR RELIANCE UPON, THE SERVICES, WHETHER AUTHORIZED OR UNAUTHORIZED, OR ANY ERRORS, INACCURACIES, OMISSIONS OR DEFECTS IN THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS LOSS, ECONOMIC LOSS, HARM TO BUSINESS, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED RESULTS, PROFITS OR SAVINGS, INTERRUPTION OF ACTIVITIES, LOSS OF OR DAMAGE TO DATA OR COMPUTER SYSTEMS, OR ANY OTHER ECONOMIC OR PECUNIARY LOSS OR DAMAGE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, INCLUDING TORT (INCLUDING NEGLIGENCE AND NEGLIGENT MISSTATEMENT), CONTRACT, STRICT LIABILITY, OR BREACH OF ANY DUTY. YOU AGREE THAT THE FOREGOING SHALL APPLY EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR IF KNEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.       

KNEW DOES NOT WARRANT OR GIVE ANY CONDITION THAT THE SERVICES WILL BE FREE OF VIRUSES, WORMS, TROJANS, SPYWARE, MALWARE OR ANY OTHER MALICIOUS OR DESTRUCTIVE CONTENT OR CODE, OR THE RESULTS OF HACKING, CRACKING OR OTHER MALICIOUS HUMAN ACTIVITIES (COLLECTIVELY, THE "THREATS").  YOU ACCESS, VIEW, DOWNLOAD AND USE THE SERVICES SOLELY AT YOUR OWN RISK AND YOU WARRANT AND REPRESENT THAT YOU HAVE TAKEN REASONABLE PRECAUTIONS BY WAY OF, WITHOUT LIMITATION, PURCHASE AND USE OF THE LATEST FIREWALL, ANTI-VIRUS, ANTI-SPY WARE, AND OTHER TECHNOLOGICAL MEANS TO AVOID ANY LOSS OR DAMAGE TO YOU FROM ANY OF THE THREATS.    

 YOU FURTHER AGREE THAT THE INTERNET IS AN INHERENTLY INSECURE AND NOT FULLY DEPENDABLE MEDIUM AND THAT DATA AND INFORMATION MAY BE LOST, MODIFIED, DISTORTED, OR INTERCEPTED IN TRANSIT, THAT THE SERVICES MAY NOT BE ACCURATE OR COMPLETE WHEN VIEWED, ACCESSED OR DOWNLOADED BY YOU TO YOUR COMPUTER OR OTHER DEVICE FOR DISPLAY AND/OR USE AND THAT KNEW SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY SUCH LOSS, MODIFICATION, DISTORTION, OR INTERCEPTION.    

CONFIDENTIAL INFORMATION AND NON-DISCLOSURE

The Services, including the Content, are the valuable and proprietary information of Knew, and any use or disclosure of the Services and the Content except as expressly permitted in these Terms of Use, or otherwise in writing by Knew, would cause loss and damage to Knew, including loss and damages that cannot be adequately compensated by money damages.   

You, and, as applicable, your directors, officers, employees, agents, consultants, representatives, and any other entity to whom you reveal or disclose the Content (collectively the "Representatives") agree to abide by the terms of these Terms of Use which include without limitation your agreement to:

• treat as confidential and preserve the confidentiality of all Services disclosed or made available to you;

• not use the Services for any purpose other than as allowed hereunder without first obtaining the written consent of Knew;

• make no disclosure directly or indirectly of any of the Services to any third party without the prior written consent of Knew except to those Representatives who need to access the Services for the purpose of you carrying out your rights and obligations pursuant to these Terms of Use, it being understood that such Representatives will be advised by you of the confidential nature of the Services and that by receiving the Services they will be bound by these Terms of Use. 

• ensure that any third party which may be given access to the Services by you, that is not a director, officer or employee of you or your organization, or a professional advisor bound by obligations of confidentiality and professional ethics, executes a non-disclosure agreement which provides for protection of Knew and contains confidentiality and use restrictions substantially the same as provided in these Terms of Use.

In the event that you are required by judicial or administrative process to disclose the Services, you will promptly notify us so that we may have the opportunity to oppose such process, provided you are not prohibited by applicable law to do so.  If you are legally obliged, in the reasonable written opinion of your legal counsel, to disclose the Services or become liable for contempt or suffer some other penalty, you may disclose such information, but only to the extent that you are so obliged.

The confidentiality obligations herein shall not apply to the extent that any of the Services is:

• lawfully known to you prior to its disclosure by Knew, or receipt by you, and such knowledge is not a direct or indirect result of a breach of any obligation to Knew by any third party;

• now is or later becomes in the public domain other than as a result of a breach by you or any of your Representatives of their obligations hereunder;

• received subsequently by you from a third party which has the lawful right to disclose same; or,

• independently developed by you without reference to the Services received hereunder, as evidenced by your records.

Subject to the provisions of these Terms of Use, upon being requested to do so, you and your Representatives will promptly deliver to us all Content and all copies thereof including without limitation all memoranda, notebooks, records, derivations, analyses, opinions, and other documents which you may have generated or may have obtained from us whether such Content is in written or any other form.  Nothing in the foregoing prevents you or your Representatives from retaining copies of Content where required to do so by law.

EQUITABLE REMEDIES

In the event of any breach by you of these Terms of Use, in addition to and not in substitution of any other right or remedy Knew may have, Knew shall have the right to seek equitable relief, including an injunction, in any court of competent jurisdiction, without the necessity of proving that damages are not an adequate remedy or of posting any security or bond.

THIRD PARTY WEBSITES

You agree that any hypertext links contained in the Services and linking to third party websites ("Third-Party Websites") are provided to you as a convenience only and link to websites which are not within the control of Knew, which do not form part of the Services, and which are subject to change at any time.  You access such Third-Party Websites solely at your own risk and agree that in no event shall Knew be liable for the contents of any such Third-Party Websites, or for any use of or reliance upon any such Third-Party Websites by you.  

 No approval or endorsement of the contents of any Third-Party Websites, or of any third party, or any information, advice, opinions, products, or services of any third party or Third-Party Website is expressed or implied by any of the Services, or by any posting or making available of links to Third Party Websites.   

Any social media websites, platforms, or portals used or made available by Knew shall be subject to these Terms of Use and are considered Third-Party Websites.  However, you agree to comply with the terms of use of any social media website, platform, or portal used or made available by Knew in addition to your compliance with these Terms of Use.  Knew reserves the right to remove, delete, or hide any posting made by you to any social media website, platform, or portal controlled, used, or made available by Knew.

GENERAL PROVISIONS

These Terms of Use will enure to the benefit of Knew and its heirs, successors, and assigns. 

These Terms of Use constitute the entire agreement between us and you with respect to the Services, the Portal and the Content. 

If any portion of these Terms of Use is found to be invalid by a court of competent jurisdiction, such provision shall be severed from these Terms of Use, and the balance of these Terms of Use shall remain in full force and effect. 

Our failure to exercise any right under these Terms of Use, or our failure to insist upon strict or full performance of the obligations under these Terms of Use will not constitute a waiver of our rights hereunder or a relinquishment of any provision of these Terms of Use. In order to be binding upon us, any such waiver must be express and in writing signed by our authorized signing officer.

Our rights under these Terms of Use are cumulative and not alternative. 

These Terms of Use do not create or imply any agency, partnership, joint venture, employment, or other joint relationship between you and Knew, and do not authorize either party to bind or obligate the other in any way.

There are no third-party beneficiaries to these Terms of Use, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Use.

CONTACTING US

If you have any questions or concerns regarding the Portal or the Content, or any other matters with Knew Realty Research Inc., you may contact us at: