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Terms & Conditions of Use

Acceptance of the Terms and Conditions of Use

These terms and conditions of use for https://www.porchcommunity.ca and all other PORCH Inc. services (the “Website” or “Platform”), including but not limited to the Slack community and in-person or digital events run by PORCH Inc. constitute a legal agreement and are entered into by and between you and Porch Inc. (“PORCH”, “Company”, “we”, “us”, “our”). The following terms and conditions of use, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to, and use of, the Website, including any and all content, functionality, products and services offered on or through the Website.

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BY SUBMITTING AN APPLICATION TO BECOME A MEMBER OF PORCH (A “MEMBER”) AND BY USING THE WEBSITE or PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY, AND TO COMPLY WITH, THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT [PRIVACY POLICY] (THE “PRIVACY POLICY”), INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE OR PLATFORM.

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The Website and Platform is designed and intended for use by adults. If you are under 18, you may use the Website and Platform only with the involvement of a parent or legal guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Website by children, minors and others under your care. You agree to be responsible for their use of the Website. By using the Website, you represent and warrant that you are lawfully able to enter into contracts. If you do not meet all of our eligibility requirements, you must not access or use the Website.

 

Content

Content: text, images, photos, audio, video, documents, reviews, feedback and all other forms of data or communication.

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Site content: all of the Content that is made available in connection with our Website or Platform, including Your Content, User Content, Third Party Content, and PORCH Content.

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PORCH content: Content that we create and make available in connection with our Website or Platform.

Third party content: means Content that originates from parties other than PORCH or its users, which is made available in connection with our Website and Platform. 

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User content: means Content that users submit or transmit to, through, or in connection with our Website and Platform. 

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Your content: Content that you submit or transmit to, through, or in connection with our Website and Platform, such as files, images, posts, comments, invitations, messages and information that is generated, posted and/or displayed privately and publicly on our Platform.

 

Privacy Statement

We are committed to protecting your privacy. PORCH shall treat any personal information that it obtains about or from you in accordance with PORCH’s Privacy Policy and, for the avoidance of doubt, our Privacy Policy shall be deemed to be fully incorporated by reference into these Terms. PORCH Privacy Policy can be found on the Website.

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A.    Eligibility

Users: To access or use our Website or Platform, you must be over the age of majority and have the requisite power and authority to enter into these Terms. You may not access or use our Website or Platform if we have previously banned you from our Website or Platform or closed your account.

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B.    Permission to Use the Website 

We grant you permission to use our Website subject to the restrictions in these Terms. Your use of our Website is at your own risk.

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C.    Website Availability

Our Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

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D.    User Accounts

You must register for our Platform by creating an account and provide certain information about yourself in order to use some of the features that are offered. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

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E. Communications between Users

By creating an account, you agree to receive certain communications in connection with your use of our Website and Platform. If you have subscribed to them, you also will receive email marketing and product-related newsletters from us or notices on the Website. We provide unsubscribe links in all of our email footers if you no longer wish to receive those communications from us.

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F. User Profile

If you register and create a profile, you may utilize our Website and Platform to post materials, express interest in other Users’ profiles, and communicate with other Users on the Platform in compliance with the Terms and during the period stated in your acceptance. As a User, you may use PORCH’s trademarks and service marks in connection with your use of our Platform so long as you comply with the guidelines for its use that we may provide to you, as may be amended from time to time. You acknowledge and agree that how you utilize our Website and Platform as a User impacts our brand. Accordingly, you agree not to utilize our Website or Platform in a manner that diminishes and/or tarnishes our image and/or reputation and that we may terminate your User Profile and/or license to use our Website and Platform immediately if you do so.

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We may use third party services and social media platforms to facilitate registration or login to the platform. These third-party websites may have different terms, policies and practices than PORCH’s. We do not assume any responsibility for the terms, policies, practices, actions or omissions of the third parties operating these websites. We strongly encourage you to read the privacy policies of these websites to enable you to make an informed decision whether or not to access the platform using these third-party websites. We also prohibit the user of PORCH’s intellectual property on these third-party websites in a way that is in breach of the prohibited uses of our content and platform as outlined in these Terms.

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Content

You acknowledge and agree that your relationship with PORCH is not a confidential, fiduciary, or another type of special relationship and that your decision to submit any content does not place PORCH in a position that is any different from the position held by members of the general public, including with regard to your content. None of your content will be subject to any obligation of confidence on the part of PORCH, and PORCH will not be liable for any use or disclosure of any Content you provide.

 

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

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A. Content Guidelines

You confirm that the content provided on the Website is true and accurate. You also commit to maintain an updated User Profile, that represents the most up-to-date set of content related to your User Profile.

Our community forums are restricted to registered users of PORCH. You are responsible for the Content that you post to the Website or Platform, including its legality, reliability, and appropriateness.

 

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or (d) offensive or otherwise unacceptable to us in our sole discretion.

 

You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Website, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website.

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B. Responsibility for Your Content

You alone are responsible for Your Content and assume all risks associated with Your Content. You represent that you own, or have the necessary permissions to use and authorize, the use of Your Content as described herein.

You may expose yourself to liability if, for example, (i) Your Content contains material that is false, intentionally misleading, or defamatory; (ii) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) contains material that is unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.

 

Membership

PORCH only approves the Membership applications of those individuals meeting our criteria. We may, in our sole discretion, refuse Membership to any Person and we may likewise change our eligibility criteria for Membership at any time.

 

You are solely responsible for ensuring that your Membership and these Terms are in compliance with all Applicable Laws. Your right to be a Member or to access or use any part of the Services shall be automatically and without notice from us revoked where these Terms, your Membership or use of any part of the Services is prohibited by any law, rule, regulation or order of a court or other Governmental Authority applicable to you. Further, unless you and PORCH expressly agree otherwise in writing, your Membership are made available only for your use and benefit and not for the use or benefit of any other party.

 

For the avoidance of doubt, PORCH retains the right in its sole discretion to deny use or access to anyone to all or any part of the services at any time and for any reason, including, but not limited to, for violation of these terms.

 

You hereby represent, warrant, and covenant that all information in your Membership application or that you have or will provide to PORCH was at the time of disclosure and remains currently accurate and without any material omission, and you covenant to update that information in the event that it is no longer entirely accurate or complete.

 

You acknowledge and agree that login credentials and passwords associated with your Membership are for your use only. You are solely and fully responsible and liable for any and all activities done through your login credentials or passwords whether or not done by you or a third party, whether with your permission and/or knowledge or not.

 

Membership Age

If you are under 18 years old, you may not become a Member of PORCH.

 

Participation

“Participation” means anything that you say, post, or do (or omit to do) in connection with your membership in the PORCH community including digitally or at an Event.

 

You acknowledge and agree that your Participation shall be considered non-confidential and non-proprietary. Through your Participation, you grant PORCH, our licensees, and vendors, and assigns the right to use, reproduce, modify, display, distribute, and otherwise disclose to third parties any such material for any purpose.

 

You agree that you are responsible for all your Participation and you have full responsibility for all your Participation, including its legality and that it follows the PORCH Code.

 

We have the right to cooperate fully with law enforcement or court order requesting or directing us to disclose the identity or other information of any Participation.

 

You waive and hold harmless PORCH, its personnel, licensees, service providers and vendors from any claims resulting from any action taken by any of the foregoing parties during or taken as a consequence of, investigations by any such party, any law enforcement agency or other governmental authority.

 

PORCH does not review Participation before it happens and cannot guarantee immediate removal of any Participation.

 

PORCH assumes no liability for any action or inaction of any Members Participation,

 

Copyright Infringement

If in your view, a Member has violated your copyright, please send us a notice of copyright infringement. It is the policy of PORCH to terminate the Membership of repeat infringers.

 

You agree that any information or materials that is presented or shared with you through PORCH, or otherwise in connection with any PORCH activities is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any such information or materials. Any reliance you place on such information or materials is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you, any other Member or any other Person using or accessing any part of PORCH, or by anyone who may be informed of any of their contents.

 

In addition to any Members' Participation, it is possible that content may be provided by third parties. All statements and opinions expressed by any Member or third party are solely the opinions and the responsibility of the Person providing those materials. These materials do not necessarily reflect the opinion of PORCH. We are not responsible or liable to you or any third party for the content or accuracy of materials from Members or third parties.

 

Intellectual Property Rights

You understand, acknowledge, and agree that any and all Intellectual Property (including all Intellectual Property Rights therein) and other proprietary elements of the Services, including the Website and all Company Materials, are and shall remain the sole and exclusive property of PORCH and its licensors, or other providers of such services and materials, and are protected by Canada, and international copyright, trademark, patent, trade secret, and other Intellectual Property-related and other proprietary rights-related Applicable Laws. All rights not expressly granted to you herein are reserved to PORCH and its licensors and other providers.

 

Personal Use Only

Restrictions on Use. Unless PORCH expressly states otherwise in writing, you may only use the Services for your personal, non-commercial use only. you shall not access or use and shall use all commercially reasonable efforts to prevent any other Person from accessing, using or otherwise dealing with, the Services or any part thereof (including the Website and any Company Materials) except as permitted by these Terms.

 

Cookies

We employ the use of cookies. By accessing PORCH, you agree to use cookies in agreement with PORCH's Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our Website to enable the functionality of certain areas to make it easier for people visiting our Website. Some of our affiliate/advertising partners may also use cookies.

 

License

Unless otherwise stated, PORCH and/or its licensors own the intellectual property rights for all material on PORCH. All intellectual property rights are reserved.

 

You must not:

  • Republish material from PORCH.

  • Sell, rent or sub-license material from PORCH.

  • Reproduce, duplicate or copy material from PORCH.

  • Redistribute content from PORCH.

 

This Agreement shall begin on the date hereof.

 

Parts of this Website offer an opportunity for users to post and exchange opinions and information in certain areas of the Website. PORCH does not filter, edit, publish or review Comments prior to their presence on the Website. Comments do not reflect the views and opinions of PORCH, its agents, and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, PORCH shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Website.

PORCH reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

 

You warrant and represent that:

  • You are entitled to post the Comments on our Website and have all necessary licenses and consents to do so;

  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

 

You hereby grant PORCH a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

 

Conduct and Events

You agree as a Member to follow the PORCH Code (Code of Conduct) which is found on the prochcommunity.ca Website in all activities related to the community. For clarity, all activities include digital messaging, live or virtual events, or any other activity in any way related to PORCH.

 

If participating in any Event, you agree to and understand the following:

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a) You are aware and understand that an event may include activities that are dangerous and that involve the risk of serious injury and/or death and/or property damage.

b) You acknowledge that any injuries that you may sustain may be compounded by negligent emergency response by PORCH or others. provided that PORCH has informed you as to the nature of any such dangerous activities, you acknowledge that you are voluntarily participating in any such activities with knowledge of the danger involved and hereby agree to accept and assume any and all risks of injury, death, or property damage, whether caused by PORCH’s negligence or otherwise.

c) You hereby expressly waive and release any and all claims, now known or hereafter known, against PORCH, its Personnel, and its and their successors, and assigns (collectively, “Event Releasees”) arising out of or attributable to the activities taking place at or in connection with an Event, whether arising out of the negligence of the PORCH, any other Event Releasee or otherwise. You covenant not to make or bring any such Claim against the PORCH or any other Event Releasee and forever release and discharge the PORCH and all other Event Releasees from liability under such Claims.

d) You agree that your attendance and participation in any PORCH Event may be recorded by one or more methods (audio, video, digital or other formats). This recording (“Recording”), may be done by, or at the direction of PORCH, and you irrevocably grant and license to PORCH and its affiliates and Partners (“Authorized Persons“) and assigns the rights to digitize, modify, edit, create derivative works, publicly display, broadcast, reproduce, sell, license, otherwise use, and permit others to use, the Recording. This use may include name, image, likeness, and voice, in perpetuity without further consent from or any royalty, payment, or other compensation to yourself. You agree that you have no right to review or approve a Recording before it is used by PORCH in any way. Any credit to you in the Recording shall be determined by PORCH in its sole discretion.

e) You agree that PORCH is the sole and exclusive owner of all right, title, and interest in and to any Recording including all copyrights and other Intellectual Property Rights therein, in perpetuity.

f) To the fullest extent permitted by Applicable Law, you (a) hereby irrevocably waive all legal and equitable rights relating to any and all Claims arising directly or indirectly from the Authorized Persons’ exercise of their rights under these Terms or the production, exhibition, advertising, promotion, exploitation, or other use of an Event Recording, and whether or not resulting in whole or in part from the negligence of PORCH or any other Person, (b) covenant not to make or bring any such Claim against any Authorized Persons and their agents, employees, and representatives, and (c) forever release and discharge the Authorized Persons from liability under such claims.

g) You further represent and warrant to PORCH that your participation in any Event and in any Event Recording, and the Authorized Persons’ use of such Event Recording and the rights and license granted hereunder, do not, and will not, violate any right (including any Intellectual Property Right, right to privacy or right of publicity) of, or conflict with, or violate any contract or agreement with or commitment made to, any Person, and that no consent or authorization from, or any payment to, any third party is required.

 

Examples of prohibited uses of our Website and Platform

The following are examples of uses that are prohibited on the Website or when using the Website Services:

  • Directly or indirectly causing the intellectual property of PORCH such as its trademarks, copyright, patents or trade secrets and/or using such intellectual property to be used in a way not permitted by these Terms of Use, PORCH’s Privacy Policy, or agreements with its consultants.

  • Seeking, offering, promoting, supporting, or endorsing services, content, or activities that:

    • are defamatory, illegal, violent, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;

    • would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;

    • would violate (a) the Terms of Use, (b) the terms of service of another website or any similar contractual obligations, or (c) the academic policies of any educational institution;

    • regard the creation, purchase, and/or publication of a review for a third-party website;

    • regard the creation, publication, or distribution of “fake news”, “hoax news”, Deep Fake content or similar content, which is, in Company’s sole discretion, determined to be intended to mislead recipients for personal, financial, political or other gain or advantage;

    • regard or promote in any way any escort services, prostitution, or sexual acts; or

    • any conduct that is, in PORCH’s determination, violent or harassing toward another person or endorses or encourages violence or harassment towards others, including based on the individual's or group's inclusion in a protected class as defined by applicable law;

  • Fraudulent or misleading uses or content, including:

    • misrepresenting your information, including by representing another person’s profile, or parts of another person’s profile, as your own;

    • using a profile photo that is not you, misrepresents your identity or represents you as someone else, or any other activity that misrepresents your identity;

    • impersonating any person or entity, including, but not limited to, a PORCH representative, forum leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

    • falsely stating or implying a relationship with another User

    • falsely attributing statements to any PORCH representative, forum leader or host;

    • falsely stating or implying a relationship with PORCH or with another company with whom you do not have a relationship;

    • allowing another person to use your account, which is misleading to other Users; or

    • falsely stating that you will perform provide Services when another will in fact perform the work

  • Inciting or encouraging violence; 

  • Posting identifying information concerning another person;

  • Spamming other Users with proposals or invitations, including by making unsolicited contact of Users on or off the Platform;

  • Making or demanding bribes or demanding other payments;

  • Duplicating or sharing accounts;

  • Selling, trading, or giving an account to another person;

  • Directly or indirectly, advertising or promoting another website, product, or service similar to PORCH or soliciting other Users for other websites, products, or services;

  • Interfering or attempting to interfere with the proper operation of the Website or Website Services or any activities conducted on the Website, including by:

    • bypassing any measures we may use to prevent or restrict access to the Website or any subparts of the Website, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;

    • attempting to interfere with or compromise, or actually interfering with or compromising, the system integrity or security of the servers running the Website, or attempting to or deciphering any transmissions to or from the servers running the Website;

    • using any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission;

    • collecting or harvesting any personally identifiable information, including Account names, from the Website;

    • attempting to or imposing an unreasonable or disproportionately large load (as determined in PORCH’s sole discretion) on the Website’s infrastructure; 

    • introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Website that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Website or any software, firmware, hardware, computer system, or network of PORCH or any third party;

    • accessing or attempting to access the Website or Website Services by any means or technology other than the interface provided; or

    • framing or linking to the Website or Website Services except as permitted in writing by PORCH.

  • Conduct or actions that could jeopardize the integrity of or circumvent the Website, Website Services or PORCH’s proprietary information, including:

    • attempting to or actually reverse-engineering, modifying, adapting, translating, preparing derivative works from, decompiling, or interfering with the operation of, or otherwise attempting to derive source code from, any part of the Website or Website Services unless expressly permitted by applicable law or PORCH; or

    • accessing or using the Website or Website Services to build a similar service or application, identify or solicit PORCH Users, or publish any performance or any benchmark test or analysis relating to the Website.

 

Publicity

You agree to grant to PORCH the free and universal right to use your name and logo in connection with any and all publicity or marketing materials including but not limited to: a client page on the Website, marketing materials for specific events, publicity mentions in any articles spotlighting PORCH and emails to potential customers. PORCH will at no point use your name and logo to engage in any competitive behavior. If you wish to opt-out of this use then please contact PORCH at hello@porchcommunity.ca.

 

Links from this Website

We do not monitor or review the content of other party’s websites that are linked to from this Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 

Hyperlinking to our Content

You may not create a link to any page of this Website without our prior consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.

 

The following organizations may link to our Website without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors may link to our Website in the same manner as they hyperlink to the websites of other listed businesses

 

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

 

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;

  • dot.com community sites;

  • associations or other groups representing charities;

  • online directory distributors;

  • internet portals;

  • accounting, law and consulting firms; and

  • educational institutions and trade associations.

 

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of PORCH; and (d) the link is in the context of general resource information.

 

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

 

If you are one of the organizations listed above and are interested in linking to our Website, you must inform us by sending an e-mail to PORCH.

 

No use of PORCH's logo or other artwork will be allowed for linking absent a trademark license agreement.

 

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

 

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

 

Availability

Unless otherwise stated, the services featured on this Website are only available within Canada, or in relation to postings from Canada. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of PORCH. PORCH does not warrant that the service from this site will be uninterrupted, timely or error-free, although it is provided to the best ability.

 

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;

  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • limit any of our or your liabilities in any way that is not permitted under applicable law; or

  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

 

Exclusion and Limitations

The information on this Website is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

 

  • excludes all representations and warranties relating to this Website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or PORCH’s literature; and

  • excludes all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems, and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

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Representations and Warranties

You represent and warrant that the following is accurate and true as of the date on which you apply for membership. and that the following will remain true during the entire time you remain a Member:

 

(i) you are a natural person over 18 years of age;

(ii) you have the authority and capacity to enter into the agreement constituted by these terms;

(iii) these terms constitute a legal, valid, and binding obligation, enforceable against you according to its terms; and

(iv) you are not under any restriction or obligation that it would be reasonable to conclude may affect your performance of your obligations under these terms.

 

Disclaimers of Warranties

PORCH and its personnel make no representations or warranties about the suitability, reliability, availability, timeliness, security, error-free functioning, virus-free status or accuracy of the services, including any event, company materials, or any feature or portion thereof or any information or data made available from any of them for any purpose. To the fullest extent permitted by applicable law, the services, any portion thereof, and any information, or materials made available from, or through the services are provided “as is” and “as available” without warranty or condition of any kind. PORCH disclaims all warranties and conditions of any kind, whether express, implied or statutory, with regard to the services, including all events and company materials, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the extent that PORCH may not as a matter of applicable law disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.

 

Limitations of Liability

To the extent permitted by law, in no event shall PORCH or any of its personnel be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, arising from your access to PORCH including damages of any kind or the violation of your rights by any third party, even if you have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. In the event that PORCH or any of its personnel are determined to have any liability hereunder, the parties agree that the aggregate liability of PORCH or its personnel will be limited to the total amount you have paid to PORCH in the previous 12-month period preceding the event giving rise to a claim. You fully agree that by becoming a Member of PORCH you agree to this limitation of liability.

 

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. in such jurisdictions, the liability of PORCH and its personnel shall be limited to the greatest extent permitted by applicable law and nothing in these terms shall affect any legal rights and remedies you have under any local law.

 

Indemnification

You (and also any third party for whom you operate an account or activity on the service) agree to defend (at PORCH’ request), indemnify and hold PORCH harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the service or those conducted on your behalf): (i) your content or your access to or use of the service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by PORCH in defense of any claim. PORCH reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of PORCH.

 

Confidentiality

“Confidential Information” includes any private or confidential information about PORCH, Personnel, partners and vendors, and customers. If you receive or obtain any Confidential Information, you shall hold that Confidential Information in confidence, not share or transfer it to any other Person, and use only as expressly permitted by PORCH. At the request of PORCH, you shall return or permanently delete or destroy all copies of any Confidential Information you possess or otherwise have control of.

 

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

 

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

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Notification of Changes

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this Website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

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Severability

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms and Conditions remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms and Conditions. These Terms and Conditions do not confer any third-party beneficiary rights.

 

General

The laws of Canada govern these terms and conditions. By accessing this Website [and using our services/buying our products], you consent to these terms and conditions and to the exclusive jurisdiction of the Canadian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms, and the remaining terms will continue to apply. Failure of PORCH to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied, or supplemented except in writing and signed by duly authorized representatives of PORCH.

 

When you use PORCH, you communicate with us electronically. You consent to receive electronically any notices or communications related to these Terms. PORCH may communicate with you by email or by posting communications in the community. You agree that communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from PORCH intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us and/or to you via the PORCH community.

 

Membership Billing

The Membership fee shall be the amount that was agreed to during the application process for the specific Member. PORCH reserves the right to change the Membership fee at any time by directly notifying you or by announcing a modification of Membership Fees through community notification or by email.

 

The Membership Fee will be automatically billed to the credit card, debit card, or another payment card you have provided. By submitting your application and providing billing information, you provide PORCH authorization to bill and automatically renew your membership on a monthly and annual basis until cancellation.

 

You may choose the Monthly Membership Fee or the Annual Membership Fee.

 

  • Monthly Membership Fee will be automatically charged on the day you submit your payment information. You will then be automatically charged on each subsequent monthly anniversary of that first charge date for as long as you remain a member.

  • Annual Membership Fee will be automatically charged on the day you submit your payment information. You will then be automatically charged on each subsequent annual anniversary of that first charge date for as long as you remain a member.

 

Purchases

Fees paid by you are final and non-refundable, unless otherwise determined by PORCH.

If you wish to purchase Services made available through the Platform ("Purchase"), you may be asked to supply certain information relevant to your Purchase for use by third-party payment services providers.

PORCH is not responsible for any fees charged by your payment card issuer.

 

It is possible that our payment processor may use third parties in some geographies. Please see our Privacy Policy which includes the sharing of information with third-party vendors.

 

Unless otherwise stated, all Fees are due immediately and payment will be facilitated by PORCH by connecting you to a third-party payment processor or payment services provider, using your preferred payment method, after which you will receive a receipt by email.

 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

 

By submitting such information, you grant to third parties for the purposes of facilitating the completion of Purchases, access to your payment information.

 

As between you and PORCH, PORCH reserves the right to establish, remove and/or revise Fees for any or all Services obtained through the use of the Platform at any time in PORCH’s sole discretion.

 

PORCH may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Services obtained through the use of the Platform, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Platform or the Fees applied to you.

 

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: Services availability, errors in the description or price of the product or Services, error in your order or other reasons.

 

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

 

Promotions and Coupon Codes

If you received a discount, promotional membership fee, or coupon code for your membership fee, PORCH will automatically renew your membership at the regular non-promotional Membership Fee rate at the conclusion of the promotional period.

 

Fees and Taxes

The PORCH Membership Fee is exclusive of all taxes, duties, fees, levies, and other charges of a Government Authority. The PORCH Membership Fee is exclusive of any credit card, debit card or payment-related fees. You are responsible for all amounts listed above, not including PORCH taxes on company income.

 

Failure to Pay or Late Payments

If you fail to pay Membership Fees when due in full, PORCH may charge a late fee of 2% per month calculated daily and compounded monthly or the highest rate permitted under Applicable Law. PORCH may choose to suspend your Membership at any time including for late payments and for failing to pay. If required, you agree to pay all costs of collection, including attorneys’ fees, incurred by PORCH to enforce your payment obligations as shown.

 

Refunds

For the avoidance of doubt, PORCH does not offer any refunds or credits if your Membership is canceled for any reason. This rule remains in effect no matter the reason for cancellation, or if your Membership was canceled by PORCH.

 

Membership Changes

If you do not agree to any changes made by PORCH, your sole remedy is to cancel your membership.

PORCH may change any part of Membership as it sees fit, including but not limited to, Membership Fees, payment plans, features, and events with the PORCH community.

 

Cancellation

You are permitted to cancel your monthly subscription at any time by notifying PORCH via email at hello@porchcommunity.ca.

 

If the cancellation request is received a minimum of ten (10) business days prior to the end of the month, then the month in which the cancellation was received will be the last month charged.

 

If the cancellation is received less than 10 business days prior to the end of the month, then you agree to pay for the current month and the subsequent month.

 

Notwithstanding the cancellation or termination of your Membership, the agreement formed between the Parties by these Terms and Conditions you agree that all terms that by their nature are intended to survive the termination of your Membership, the agreement formed between the Parties by these Terms and/or any other rights you may have to access or use the Services, shall survive such termination.

 

Entire Agreement

Unless otherwise expressly stated by us, these Terms and Conditions and the Privacy Policy constitute the sole and entire agreement between you and PORCH regarding the Website, and your use thereof, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

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Reporting and Contact

The Website is operated by Porch Inc.

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Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to PORCH at hello@porchcommunity.ca.

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All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to hello@porchcommunity.ca.

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Last updated on October 28, 2022.

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