THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BENCHMOVE SERVICES INC. ("BENCHMOVE"). BY USING THE WEBSITE YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
WHEREAS Benchmove has developed this website (the "Website") which permits individuals to advertise their real property for sale by posting photos and other information or data (the "Data") on the Website and allows potential buyers to view such Data (the "Prescribed Purpose").
THEREFORE:
1. You represent that:
(a) All Data posted by you (the "Posted Data") is accurate, and complete;
(b) the Posted Data is not in any way misleading, illegal, malicious, harmful, or libelous; and
(c) you are authorized by law to use, post, and distribute the Posted Data.
2. You will not use the Data posted by others (the "Viewed Data") for any purpose other than the Prescribed Purpose, and without limiting the generality of the foregoing you will not copy, reproduce, distribute, or publish the Viewed Data.
3. You:
(a) agree to update and amend the Posted Data if it any time it becomes inaccurate or in any way misleading;
(b) agree not to use the Website, the Posted Data, or the Viewed Data in any way that is illegal, or that could cause damage or harm to any person;
(c) consent to the unlimited collection, use and disclosure of personal information contained within the Posted Data by Benchmove for any purpose including without limiting the generality of the foregoing, for the purpose of operating the Website; and
(d) grant to Benchmove an unrestricted and unlimited license to use, display, publish, and distribute the Posted Data and any modified version of the Posted Data for any purpose, whether on the Website or in any other distribution, email, material, publication or other media.
4. Benchmove reserves the right to remove any Data from the Website at any time for any reason.
5. Benchmove instructs you to independently verify the Viewed Data, and makes no warranty, representation, or guarantee, expressed, implied or statutory, as to the accuracy, reliability, suitability, function, or results derived from the services performed by Benchmove, the use of the Website or the delay or inability to use the Website, or your use of or reliance upon the Posted Data or the Viewed Data, including without limitation the implied warranties of merchantability, and fitness for a particular purpose. The Website is provided 'as is'. Benchmove and its affiliated companies, shareholders, directors, officers, agents employees, and contractors (its "Representatives") shall incur no liability, loss or damage cause or alleged to be caused directly or indirectly by your use of the Website or your reliance upon the Posted Data or the Viewed Data, including, but not limited to damage resulting directly or indirectly from Viewed Data that is misleading or inaccurate, even if caused by the negligence of Benchmove or its Representatives and even if Benchmove or its Representatives had the knowledge of the possibility of such liability, loss, or damage.
6. You hereby agree to indemnify and save harmless Benchmove and its Representatives from and against any and all manner of actions or causes of action, damages, costs, loss, or expenses of whatever kind (including without limitation legal fees on a solicitor and client basis) which Benchmove may sustain, incur, or be put to by reason of or resulting from your use of the Website, including without limiting the generality of the foregoing resulting from Viewed Data that is inaccurate, incomplete, or misleading.
7. Benchmove shall be entitled to assign its rights herein to any person at any time without notice to you.
8. The law of this Agreement is the law of British Columbia, Canada.