Terms of Use

Website Terms of Use

Last Updated: March 3, 2022

These terms of use (these “Terms”) apply to your access to, and your use of, the websites, online services, and other electronic materials, content and services operated and provided by Cabn Co Ltd. (“we”, “our” or “us”), including the website www.cabn.co (“This Site”). By using This Site, including any content or services made available through This Site, you accept and agree to be bound by these Terms and all applicable laws.

Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations, including, but not limited to, various limitations, exclusions and indemnities.

Unless we expressly disclaim any of these Terms in writing, your use of This Site will always be subject to these Terms.

If you are not willing to comply with every provision of these Terms, you may not use This Site (which includes any materials, content or services made available through it).

1. Changes to These Terms

a. How changes happen—We may change these Terms at any time without notifying you, but we will use reasonable efforts to publish each amendment before it becomes effective. We will ensure that the latest version of these Terms are published on, or linked through, This Site. You are responsible for regularly reviewing This Site to obtain timely notice of any amended or additional terms that may apply.

b. How to reject changes—If any provision of these Terms or any amendment is unacceptable to you, you may terminate your agreement to these Terms by ceasing your use of This Site. This includes closing any Accounts (as defined in Section 6.a) you may have with us.

c. Your use of changed Terms—If you continue to use This Site after the effective date of an amendment, you will be deemed to have accepted the amended version of these Terms.

2. Interpretation of these Terms

a. In these Terms:

(i) the division into sections and the insertion of headings are for convenience of reference only and are not to affect the construction or interpretation of these Terms;

(ii) when we use the word “including”, “includes” or the phrase “such as”, or similar phrases, it should be read as “without limitation” or “but not limited to” or similar phrases right after it;

(iii) the word “or” does not imply an exclusive relationship between the matters being connected (so it can always be read as “and/or” unless the context requires); and

(iv) all references to website addresses or URLs also include any successor or replacement websites containing substantially similar information to the referenced website(s).

3. Your Use of This Site is Licensed by Us, and is Subject to These Terms

a. Our license to you—Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, limited license to access and use This Site for transitory, non-commercial purposes, provided that with respect to any materials obtained from This Site, you may not do any of the following without our prior written consent:

(i) modify, copy, reproduce or create derivative works of such materials (except as explicitly provided in connection with those materials through This Site);

(ii) use the materials for any commercial purpose;

(iii) distribute, sell or transmit the materials;

(iv) publicly display, publish or perform the materials (for any purpose, commercial or non-commercial);

(v) attempt to decompile or reverse engineer any software or database contained in or access through This Site; or

(vi) remove any copyright or other proprietary notations.

b. We maintain our rights—All rights not expressly granted to you are reserved by us and, if applicable, our licensors.

c. What you are permitted to do—You are permitted to provide links to This Site through email, social media, or other similar methods, but you must ensure that such methods do not (i) involve framing or embedding of any portion of This Site within another website or service, (ii) imply any affiliation between you and us, or you and This Site, (iii) portray us or This Site in in a false, misleading, derogatory or otherwise defamatory manner, or (iv) use This Site in a commercial context.

4. Our Privacy Policy applies to These Terms

a. Our Privacy Policy—Our privacy policy, available at www.cabn.co/privacy (the “Privacy Policy”), applies to your use of This Site including all Personal Information (as defined in Section A.4.c) collected through This Site. You may contact us with privacy questions as set out in our Privacy Policy.

b. You consent to the collection, use and disclosure in accordance with our Privacy Policy—To the extent permitted by applicable law, by using This Site you consent to the collection, use, disclosure, and other handling of your Personal Information as set out in our Privacy Policy.

c. What Personal Information means—In these Terms, “Personal Information” means any information that is about an individual, which, whether independently or in combination with other available information can be used to identify that individual. This includes name, email address, physical address, payment card information, and photographs or videos of individuals.

5. Your Eligibility to Use This Site and its Content

a. You must be legally allowed to use This Site—This Site is intended solely for users who are of the legal age of majority and who reside in a jurisdiction where the content of This Site is legally permissible. Any use of This Site by anyone who does not meet those criteria is unauthorized, unlicensed, and will be deemed in violation of these Terms.

b. What we may do—In our sole discretion, with or without notice to you, we may take actions to protect against such violations, including terminating your Account, deleting or blocking content, or otherwise prohibiting you from using This Site.

c. Whether we do something or not, we have other rights—Regardless of whether we take action, it does not in any way waive any other legal right or remedy we may have against you.

6. Your Account

a. Your Account—You may need to create a user account through This Site (“Account”) in order to access certain features of This Site. You must not register or access an Account on behalf of any individual other than yourself, except for legal entities that are not individuals (such as companies, partnerships, or societies), in which case you may not register or access an Account on behalf of that entity unless you are duly authorized to do act for that entity.

b. Your Account information must be accurate—To ensure that your Account is accurate, we require that you (i) provide true, current and complete Account information as requested by us from time to time, and (ii) promptly notify us of any changes to your Account information.

c. You must keep your Account safe—We may assign you, or you may create, a password and Account identification to access and use certain portions of This Site. While we will use reasonable efforts to safeguard Personal Information as set out in our Privacy Policy, you are solely responsible for ensuring that the access credentials to your Account remain secure and confidential and for verifying and monitoring any activity on your Account.

d. Anything done through your Account is done by you—We will assume that any activity on your Account or use of your Account credentials is authorized and directed by you. You will be legally responsible for all activities that occur on your Account, even if the activity is done without your permission. We have no obligation to investigate the authorization or source of any access or use of This Site that purports to be you, such as activity through your Account.

e. Please keep us informed if something goes wrong—You must immediately notify us of any unauthorized use of your Account or a breach of security with respect to your Account, any password, or any service provided through it. You must also provide reasonable assistance to us, as requested, to stop or remedy those occurrences. Contact procedures are set out in these Terms, in our Privacy Policy and on This Site.

f. Third party links are your (and those third parties’) responsibility—If your Account is linked to a third party service, like a payment processor, we may update your information with the information provided through that third party service. We are not responsible for that third party information and it will be governed by your agreement with them.

7. Rights related to Our Content and Your Content

a. What “Content” means—In these Terms, “Content” means all materials and content available on or through This Site. This includes designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work. The term “Our Content” includes source code, processes, designs, technologies, URLs, domain names, trademarks and logos forming any part of This Site, and any Content that is not provided by you. Any Content that you post, upload, input, provide, submit or otherwise transfer to us or to any third party while using This Site (“Your Content”) is yours and we do not claim any ownership over Your Content. To the extent Your Content includes any Personal Information, such Content is also subject to our Privacy Policy. In the event of any contradiction between these Terms and our Privacy Policy with respect to Personal Information, our Privacy Policy will prevail.

b. You have no rights in Our Content—Except where expressly stated otherwise, all right, title and interest in and to This Site and all Our Content fully belong to us or our affiliates. Our Content is protected by applicable copyright, trademark, patent, trade secret or other proprietary rights or intellectual property laws and is licensed to you pursuant to Section A.3.a, subject fully to these Terms. You may not use, export or re-export Our Content or any copy or adaptation thereof in violation of any applicable laws or regulations, including export laws and regulations of Canada in force from time to time.

c. Third Party Content—This Site may link to or otherwise make available Content from third parties (“Third Party Content”). That Third Party Content belongs to third parties and may be governed by such third parties’ terms and conditions. Nothing in your use of This Site grants you any right, title or interest in, or ownership over any Third Party Content.

d. We may use Your Content for certain purposes—If you make Your Content available through This Site, we deem that to mean that you:

(i) give us a royalty-free, fully paid-up (meaning we have no obligation to pay you), non-exclusive (meaning you may give it to others), irrevocable and perpetual (meaning that you may not terminate it, which we will explain below), license that is without any territorial or geographic limitation (a “Full License”) to use, copy, distribute, transmit, display, edit, modify, delete, publish and translate (“Use”) Your Content to the extent we reasonably determine it is necessary for us to provide This Site as it may exist in any medium from time to time;

(ii) give us a Full License to Use Your Content in order to ensure adherence to, or enforce, these Terms, or to comply with any applicable law;

(iii) confirm, represent and warrant to us that you have all right, title and interest, as well as the power and authority necessary, to grant a Full License for us to Use Your Content as set out above; and

(iv) agree to indemnify us from any actions, proceedings, claims, liabilities, damages and reasonable expenses (including legal expenses) relating to, or arising from, Your Content, including instances where Your Content (i) infringes any intellectual property rights, or (ii) is deemed inappropriate, profane, defamatory, infringing, obscene or unlawful.

While we have the right to use Your Content, we have no obligation to monitor Your Content regardless of any context or disclaimers you provide in connection with Your Content.

e. If you do not agree to how These Terms deal with Your Content, do not provide it—If you cannot provide Your Content in accordance with these Terms, please do not provide any such Content to us.

f. Deleting Your Content—If permitted by This Site, you may delete Your Content either through This Site or by deleting Your Account. However, you acknowledge and agree that, because your Full License is irrevocable and perpetual, we may retain copies of Your Content for archival or compliance purposes or to otherwise provide This Site to you or others, subject to the conditions of your Full License to us set out above, even if you delete any Account to which Your Content is connected. You may always contact us regarding Your Content as set out in these Terms, This Site or our Privacy Policy.

g. If you give us feedback, we have the right to use it—If you provide to us any comments, ideas, suggestions or impressions of This Site or our products and services (collectively, the “Feedback”), you give us a Full License to use it for any purpose, regardless of whether we actively solicited the Feedback or not.

h. We are only responsible for Our Content—You are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of Your Content, even if you did not create it. We do not have any obligation to monitor, censor or review any of Your Content or any Third Party Content, or to monitor use of This Site. If we do decide, in our sole discretion, to review or take any action with Content other than Our Content, we have no obligation to take action in the future.

i. We may take action if we receive complaints—If we receive a complaint relating to your use of This Site, including as it relates to Your Content or your use of Third Party Content, we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, and censor, alter or remove Your Content, or take any other action that is permitted by applicable law or these Terms. Nothing we do (or fail to do) waives or limits any rights or remedies that we have.

8. Intellectual Property Notices and Complaints

a. Copyright Notice—This Site and Our Content are owned and copyrighted by us and our licensors, and is licensed to you in accordance with these Terms only. All rights not expressly granted under these Terms are reserved.

b. Trademark Notice—The trademarks, logos, and service marks displayed on or through This Site, whether registered or unregistered, are the property of us, our licensors or other third parties. You are not permitted to use trademarks, logos and service marks for any purpose without our prior, written consent.

c. No use of trademarks implies any endorsement, sponsorship or affiliation—Except as expressly indicated on This Site, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.

9. Acceptable Use of This Site, and Prohibitions

a. Additional terms—In addition to any terms or conditions regarding your use of This Site in these Terms, we may require you to agree to additional terms for particular services, products or areas of This Site from time to time. Any such additional terms that you agree to are deemed to be incorporated into these Terms.

b. Proper conduct (things you must do)—Without limiting anything else contained in these Terms, you must ensure that (i) you only use This Site for lawful purposes, and (ii) if at any time you become aware of any violation of these Terms, by any person or entity under your control, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.

c. Prohibited conduct (things you must not do)—Without limiting anything else contained in these Terms, you must not, in connection with This Site, directly or indirectly post, upload, reproduce, facilitate, distribute or otherwise transmit any Content or take any action that:

(i) violates any applicable law, statute, order or regulation;

(ii) gives rise to civil liability;

(iii) is obscene, hateful, inappropriate or objectionable, even if the material or its dissemination is lawful;

(iv) constitutes defamation, harassment, stalking or abuse or abuse of any conduct that violates the legal rights of others;

(v) advocates or encourages violence, abuse, hate or discrimination against a person or group based on age, creed, sex, sexual orientation, gender, family status, marital status, disability, race, ancestry, place or origin, ethnic origin, citizenship, colour, record of offence or association with a person identified by one of these grounds;

(vi) constitutes unauthorized or unsolicited communications or other “spam”;

(vii) infringes, violates, or misappropriates the personal rights or intellectual property rights of us or any third party;

(viii) obtains unauthorized access to, or interferes by any means with, any user, system, network, service or account, including evasion of filters or violation of the security or integrity of any network or system;

(ix) harvests, scrapes, or uses any robot, spider, crawler, script or other automated means not provided by us to access This Site or to extract data, collect information or otherwise interact with This Site.

(x) distributes computer viruses, malware, cancelbots, Trojan horses, worms or other harmful or disruptive content of any kind to This Site, regardless of intent; or

(xi) harvests, scrapes, extracts, collects, or stores Personal Information about others without their express consent.

10. Terminating or Restricting Your Access to This Site

a. We have full discretion to terminate at any time—We may, in our sole discretion, suspend, restrict or terminate your access to and use of This Site, including your Account and Your Content, effective at any time, without notice to you. This includes, but is not limited to, situations where (i) the operation or efficiency of This Site or our or any third party’s equipment or network is impaired by your use of This Site, (ii) we receive a third party complaint relating to your use or misuse of This Site, or (iii) you have been or are in breach of any term or condition of these Terms.

b. Termination affects Your Content and use of This Site—You acknowledge and agree that our termination, curtailment, or suspension of This Site for any reason may result in restricting, disrupting or suspending your or a third party’s access to your Account and Your Content. We will not be held responsible nor liable for any claims of loss resulting from restrictions, disruptions or suspensions. By using This Site, you agree to release us from those claims. If your use of This Site is suspended or restricted, we have no obligation to forward any of Your Content to you or any third party unless required by applicable law.

11. Products and Services Available Through This Site

a. General—This Site may include certain free tools and services (“Tools”), for example, tools that allow you to configure potential models for your CABN, to obtain information regarding energy usage, to search for CABN availability in a specified geographical region, and to forecast potential revenue from renting out your CABN. You acknowledge and agree that the Tools and all Content obtained from same are provided to you on an “AS IS” and “AS AVAILABLE” basis. While we work hard to ensure the accuracy of the Tools and the Content, we do not guarantee that the Tools or the Content will be available, error-free, or that mistakes will not happen.

b. Energy consumption information—This Site may provide energy analysis services which allow you to obtain information regarding energy consumption, cost and bill projections. These projections are estimates based upon weather patterns, your usage patterns, information submitted about your CABN through This Site, and other variables. You acknowledge and agree that these projections are not a guarantee of actual billing or energy consumption, they are provided for illustrative purposes only and do not constitute a representation by us as to what your actual energy consumption or bill for energy would be.

c. Rental analytics—This Site may offer a price modelling tool that allow you to forecast potential rental revenue from your CABN and obtain pricing suggestions. Such price modelling tools are powered by AirDNA https://www.airdna.co, and is subject to their Terms of Service and Privacy Policy. You acknowledge and agree that all projections and data generated by the price modelling tool are provided for illustrative purposes only and do not constitute a representation by us or AirDNA as to what your actual rental revenue would be.

12. General Disclaimers, Limits of Liability and Indemnities

a. Disclaimer about internet-based limitations—Your use of This Site depends on the public internet, including networks, cabling, facilities and equipment that is not in our control. Accordingly, (i) we cannot guarantee any minimum level regarding the performance, speed, reliability, availability, use or consistency of This Site, and (ii) data, messages, information or materials (including your Personal Information) sent over the internet may not be completely private and your anonymity is not guaranteed.

b. Disclaimer about Third Party Links—The Content that you may access while using This Site may contain links to other websites or services. These links are provided solely for your convenience and are not endorsed, investigated or verified by us. As a result, we are not liable for any losses suffered in connection with these third party links including any damages arising from their products, services, content, privacy practices or any third parties named therein.

c. Disclaimer about This Site and its Content—This Site, all Our Content, and all products and services provided under these Terms, are provided on an “AS-IS” and “AS-AVAILABLE” basis and are to be used at your own risk. We make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of This Site or any of Our Content. We expressly disclaim all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever.

d. Disclaimer about proprietary, confidential and sensitive information—You should not send any confidential, proprietary or sensitive information about you or others via This Site. We are not responsible for, and will not be liable to you or any one else for any damages in connection with an email, text message, comment, post or any other electronic message sent by you through This Site, or an email, text message, comment post or any other electronic message sent by us or a Third Party to you.

e. Our liability to you is limited—Notwithstanding any other provision of these Terms, and to the maximum extent permitted by applicable law, in no event will we, our affiliates, or our agents, employees, suppliers, licensors, resellers or distributors (when we refer to “we” or “us” in this Section 12A.11, we mean us and all of these people) be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other expenses, damages or losses whatsoever, including (whether direct or indirect) damages for loss of profits, goodwill, opportunity, earnings, use or data, arising from or related to these Terms, This Site, or any Content or software in connection therewith, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable. It is impossible to fully list the extent of this limit of liability, but, to be clear, to the maximum extent permissible under applicable law, we have no liability whatsoever to you for any other expenses, damages or losses. Without limiting the foregoing, under no circumstances will we be liable to you for any amount that exceeds the aggregate of all amounts paid by you to us.

f. Exceptions where (and to the extent) prohibited by law—Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability, such as those set out in this Section 12. To the extent that any disclaimers, exclusions and limitations in these Terms are prohibited by law, such disclaimers, exclusions and limitations will only apply to the extent necessary to make these Terms consistent with such prohibitions.

g. Indemnity by you—We provide This Site on the basis of these Terms. By using This Site, you agree to indemnify us, and disclaim our responsibility for, any actions, proceedings, claims, liabilities, damages and reasonable expenses (including legal expenses) relating to or arising from (i) access or use, by you or permitted by you, of This Site or your Account, or (ii) any of your acts or omissions, including breach or non-performance of these Terms and any violation of any applicable laws or third party rights.

13. General Provisions

a. Waiver of our rights and remedies—No waiver of any provision of these Terms is binding unless it is in writing and signed by us. No failure to exercise, and no delay in exercising, any right or remedy, under these Terms will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of these Terms will be deemed to be a waiver of any subsequent breach of that provision.

b. If some part of these Terms do not apply to you, the rest do—The invalidity of any particular provision of these Terms does not affect any other provision contained herein, but the Terms are to be construed as if the invalid provision has been omitted.

c. How we will provide notifications to you—Subject to our Privacy Policy we may provide you with notifications via email, in hard copy, through your Account, or through conspicuous posting of such notice on This Site, as we may determine in our sole discretion. We will always comply with relevant anti-spam legislation when doing so.

d. Applicable Law and dispute mechanisms—These Terms and the rights of the parties hereto are governed by, and construed and interpreted in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby irrevocably submit to the exclusive jurisdiction of the courts of Toronto, Ontario in connection with any matter arising out of or in connection with these Terms.

e. These Terms may only be transferred by us—We may, without consent in writing, assign, directly or indirectly, our rights under these Terms. You may not assign these Terms or any of your rights or obligations under them without our prior written consent. These Terms will enure to the benefit of, and bind you and us and our respective heirs, executors, administrators, personal and legal representatives, successors and permitted assigns. On agreement with an assignee to assume our obligations under these Terms, we will without the necessity of any other documentation, be released from all of our obligations under these Terms.

f. Some parts of these Terms will survive on termination—All provisions of these Terms that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.

g. Our relationship with you—No joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms or your use of This Site.

h. These Terms are our entire agreement relating to This Site—These Terms, as amended, including any and all documents, rules, terms and policies referenced herein, constitute the entire agreement between us and you with respect to the matters referred to in these Terms and supersede all prior agreements, negotiations, discussions, undertakings, representations, warranties and understandings whether electronic, oral or written, between us and you with respect to such matters.

i. English language—The parties confirm that these Terms, as well as any other documents relating to these Terms, including notices, schedules and authorizations, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté expresse que cette convention, de même que tous les documents s’y rattachant, y compris tous avis, annexes et autorisations s’y rattachant, soient rédigés en langue anglaise seulement.

14. Questions and Concerns:

If you have any questions or concerns about This Site or these Terms, please contact us at hello@cabn.co.