Last Updated: October 21, 2022
Section 36 Enterprises Inc. ("Section 36") will provide you with access to and use of our website located at www.stratadocuments.com (the "Site") and our services available through the Site (collectively, the "Services"), including the services that enable users to upload and download strata and condominium documents and share property information with other users, on the following terms and conditions set forth in the Agreement, which may be updated or modified by Section 36 from time to time without prior notice to you. BY ACCESSING OR USING THE SITE OR SERVICES YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. YOU WILL BE DEEMED TO HAVE FULL KNOWLEDGE AND HEREBY AGREE TO THE TERMS OF THE AGREEMENT BELOW.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES. YOUR CONTINUED USE OF THE SITE AND THE SERVICES WILL BE DEEMED YOUR ACCEPTANCE OF THIS AGREEMENT AND ALL MODIFICATIONS THERETO.
In this Agreement, "Section 36", "we", "us", "our" and other similar expressions mean Section 36 Enterprises Inc., its directors, officers, employees, contractors, agents and any other persons we are responsible for at law and "you", "your" and other similar expressions means you, your employees, independent contractors and any other persons you are responsible for at law who have access to or use of the Site and/or Services.
Section 36 is intended to be a forum where real estate services professionals can easily access strata corporation records produced under section 35 of the Strata Property Act by uploading and downloading documentation and exchanging information obtained from the strata corporation. Section 36 is not intended to replace the need to request or access records under section 36 of the Strata Property Act, but is meant to provide fast, easy access to documentations produced by the strata corporation pertaining to properties of the same strata plan to enable prospective purchasers to complete their due diligence in a timely manner. Real estate professionals should not rely solely on the documentation and information obtained through the Site and the Services as the Site and the Content displayed are meant for information only.
When you use the Site and the Services, you are agreeing to a legal agreement and you must agree and follow all of these terms. In addition to this Agreement, you also agree to follow the terms and conditions of our Privacy Policy, a copy of which can be found at https://www.stratadocuments.com/privacy and is incorporated into and forms part of this Agreement. Our Privacy Policy states how we use, share, and collect your personal information. For greater certainty,
this "Agreement" means this Agreement, the Privacy Policy and any other terms that may be amended, modified, supplemented and/or replaced.
By registering, accessing or using the Site and/or our Services, you are entering into a legally binding agreement.
In order to access and use the Site and the Services and to enter into this Agreement, you must satisfy the following eligibility requirements (the "Eligibility Requirements"):
a) you must be of the legal age of majority in British Columbia, and be fully able and competent to enter into this Agreement and perform your obligations herein; and
b) you must be licensed to provide real estate services under the Real Estate Services Act (British Columbia) (each a "Licensee") or you must be an agent or employee of a Licensee; and
c) you must be a member in good standing with the Real Estate Council of British Columbia.
By signing up for a membership account and by using the Site and the Services, you represent and warrant that you satisfy the Eligibility Requirements, and will be required to provide proof of your license. If at any time you cease to satisfy the Eligibility Requirements, you must stop using the Site and the Services.
By signing up for a membership account (the "Account"), you agree to be bound by the terms of this Agreement. In creating your account, you will be asked to provide your email address and create a password (together, your "User IDUser ID") and to complete your account profile information (your "Profile Information"). Upon creation of your Account, you will be assigned your personal profile (your "Profile"), which will display your Profile Information. You agree to provide complete and accurate information about yourself in completing your Profile Information, and to update your contact information or other information in your Profile Information to ensure that your Profile Information is current. We are not responsible for verifying or ensuring the accuracy of any information provided by you in your Profile Information.
You alone are responsible for maintaining the confidentiality of your User ID. You will not share your User ID or your Account with anyone else nor any documentation provided to you through the Site or your Account, except you may share information learned from the documentation (but not the documentation itself) with your own client in connection with a real estate service that you are providing to that client. You will not transfer your User ID or your Account to anyone, in whole or in part.
You are responsible for your account and all activities that occur under your Account or under your Profile. If you become aware of any unauthorized use of your Account or Profile, you are responsible for notifying us immediately.
We reserve the right to terminate or suspend your Account, in our sole and absolute discretion, if we have reasonable grounds to believe that you are in breach of this Agreement, misusing the Services, or engaging in illegal activities.
You may terminate this Agreement at any time. To terminate your Account, go tohttps://www.stratadocuments.com/contact and submit a request to close your account. Once your Account is deactivated, your personal information will be stored for record keeping purposes only. We will no longer contact you with company updates, marketing information, etc. Articles 6, 7, 9 and 10 will survive termination of this Agreement. In addition, you must pay any and all outstanding Fees you owe to Section 36.
Your Profile will permit you to post information, upload real estate, strata and condominium related documentation for other users to view (collectively, "Content"). You agree that any Content you post, send or upload will comply with the Acceptable Use and Conduct provisions set forth below. You acknowledge that you are solely responsible for all Content you submit, provide, share or upload and the consequences of doing so. You acknowledge and agree that you will not post, send or upload any Content unless you have received all requisite authorizations and consents, included but not limited to, permission from the owner of the property, to share such Content. We reserve the right to request proof of such authorization and consent from time to time.
Any Content you submit, publish or make available on the Site must not:
a) infringe, violate or misappropriate any third party's intellectual property rights;
b) contain software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
c) be misleading, deceptive or fraudulent; or
d) contain libelous or defamatory content, or content which is otherwise threatening, abusive, violent, harassing, malicious, hateful, derogatory, racist, discriminatory or harmful to any person or entity, or is invasive or another's privacy.
You agree that by uploading the Content on the Site, you grant us a perpetual, worldwide, non-exclusive license to use, publish, reproduce, process, display, modify, retain and delete all or part of the Content without your prior consent or notice. You represent and warrant that you have the necessary licenses, authorizations, right and permissions to upload the Content and grant the foregoing license to us, and that neither the sharing of the Content nor the grant of the foregoing license to us will violate any laws,
privacy rights, publication rights, trademark rights, contract rights, intellectual property rights, or any other rights of any person or entity.
Unless otherwise explicitly stated herein or in our Privacy Policy, Content will be considered non-confidential and we have no obligation to maintain the confidentiality of any Content or treat any Content as confidential.
We may, but are not obligated to, monitor Content and you consent to such monitoring. We may report certain Content and users, and disclose any information necessary or appropriate to satisfy our legal obligations, protect our brand or other users, or to operate the Site, offer the Services, or improve the Site or Services.
We reserve the right remove any Content at our sole discretion, with or without notice to you, or to request that you remove certain Content, which we consider to be unacceptable, inappropriate, or in violation of this Agreement.
We may change, update, or discontinue any of our services. We cannot promise to store any of your information and content you have posted and sent.
You agree that when using the Site and the Services, you warrant you will:
a) follow all laws, including; privacy laws, intellectual property laws, anti-spam laws, etc.;
b) provide accurate and up to-date information;
c) use your real name on your profile;
d) use our services in a professional manner;
e) comply with the terms and conditions of this Agreement;
f) have obtained all necessary authorizations for any documents submitted to the Site.
You agree that when using the Site and the Services, you will not:
a) Use the Site or the Services other than for their Intended Use;
b) Act dishonestly or unprofessionally;
c) Engage in fraudulent or illegal activities including, without limitation, engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
d) Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any user of the Site or the Services;
e) Share any confidential or personal information about your client which would be in breach of your duties as a Licensee;
f) Misrepresent or falsify your identity or your qualifications, including without limitation, impersonating another user or an employee, agent or representative of Section 36;
g) Harass, abuse or harm another person or send spam or any unwelcome messages;
h) Create profiles or provide Content that promotes escorting services or any illegal content or service;
i) Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
j) Collect, copy, use or transfer any information obtained from the Site other than to share information learned from the strata documentation with your client or person that has met the Eligibility Requirements;
k) Facilitate the distribution of any Content, other than within the Intended Use, to a person that has not met the Eligibility Requirements;
l) License, sublicense, rent or lease the Services to third parties, or use the Services for third party training;
m) Override or attempt to override any security feature of the Site;
n) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site, the Services or any related technology, or any part thereof;
o) Use any manual or automated means, including without limitation agents, robots, scripts or spiders to monitor or copy the Site or Services or any Content;
p) Gain or attempt to gain unauthorized access to the computer systems or servers of Section 36 or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Services; or
q) Copy, archive, store, reproduce, rearrange, modify, download, create derivative works from, display, perform, publish, distribute, redistribute, or disseminate the Site or the Services, in whole or in part, except as permitted herein..
BY USING OUR SERVICES, YOU MAY ENCOUNTER INFORMATION AND CONTENT THAT MAY BE INCOMPLETE, DELAYED, ILLEGAL, HARMFUL, AND/OR INACCURATE. SECTION 36 GENERALLY DOES NOT REVIEW CONTENT PROVIDED BY OUR USERS. YOUR USE OF THE SITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RESPONSIBILITY AND RISK. YOU AGREE THAT SECTION 36 IS NOT RESPONSIBLE FOR USER CONTENTS AND INFORMATION OR FOR ANY DAMAGES, LOSSES OR CLAIMS YOU INCUR OR SUFFER AS A RESULT OF YOUR USE OR RELIANCE ON IT.
TO THE EXTENT ALLOWED UNDER LAW, SECTION 36 (AND THOSE THAT SECTION 36 WORKS WITH TO PROVIDE THE SERVICES) (A) DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT ERRORS AND INTERRUPTIONS; (B) DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TRUTH AND ACCURACY OF THE CONTENT, AND ANY WARRANTIES THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS), (C) DOES NOT GUARANTEE THE COMPATIBILITY OF THIS SITE OR THE SERVICES OR THE CONTENT WITH ANY SOFTWARE OR HARDWARE; AND (D) PROVIDE THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY REASON, AT OUR SOLE DETERMINATION, INCLUDING SERVER MALFUNCTION, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES.
TO THE EXTENT PERMITTED UNDER LAW, SECTION 36 AND THOSE THAT SECTION 36 WORKS WITH TO PROVIDE THE SERVICES, SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, GOODWILL, PROFITS OR REVENUES, RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES. IN ADDITION TO THE FOREGOING, SECTION 36 AND THOSE THAT SECTION 36 WORKS WITH TO PROVIDE THE SERVICES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, LIABILITIES, LOSSES OR ANY OTHER CLAIMS WHATSOEVER RELATING TO OR ARISING FROM THIS AGREEMENT; ANY THIRD-PARTY SITES OR CONTENT POSTED OR DISPLAYED ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS ON THE SITE; OR THE MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE AND/OR THE SERVICES.
SECTION 36 IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING WITHOUT LIMITATION, THE STRATA CORPORATION THAT PRODUCED THE CONTENT; INTERNET SERVICE PROVIDER, HOSTING SERVICES FOR THE SITE, TELECOMMUNICATIONS PROVIDER, OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY US.
IN NO EVENT SHALL THE LIABILITY OF SECTION 36, AND THOSE THAT SECTION 36 WORKS WITH TO PROVIDE THE SERVICES, EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS GREATER THAN $100 (CAD).
Section 36 reserves all of its intellectual property rights in connection with the Site and the Services, including, without limitation, all rights in trademarks (whether registered or unregistered), logos, informational text, software, software documents, source codes, webpage design and layout, graphics, audio, video, messages, and content.
Any ideas, suggestions, concepts, processes or techniques which you provide to us relating to the Services, the Site or our company or our business ("Feedback"") are and will be our exclusive property without any compensation or other consideration payable to you. We may, in our sole and absolute discretion, use or incorporate the Feedback in whatever form or derivative we may decide into the Site, the Services, its software, documentation, business or other products or services, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to us in any Feedback and, as applicable, waive any moral rights.
You can contact us at https://www.stratadocuments.com/contact for assistance with the Site and/or the Services.
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Section 36 website, or (2) any of the contact methods, including (but not limited to) email address(es) or phone number(s) you have provided. You agree to keep your contact information up to date.
If we end up in a legal dispute, you agree that we will attempt to settle any disputes, claims and causes arising between them through consultation and negotiation in good faith. If we fail to reach an agreement within 30 days of the commencement of negotiations, or any mutually agreed extension of time, then either of us may commence an action against the other through arbitration. You agree that the legal dispute will be governed by the courts in the Province of British Columbia. In any litigation between us, the prevailing party shall be entitled to reasonable legal fees and all costs of proceedings incurred in enforcing this Agreement.e.
Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.
This Agreement contains the whole Agreement between you and us with respect to the subject-matter set forth herein and there are no warranties, representations, terms, conditions, or collateral agreements, express, implied or statutory, other than as expressly set forth in this Agreement.
This Agreement shall in all respects be interpreted, construed in accordance with, and governed by the laws of British Columbia and the federal laws of Canada applicable herein.
The invalidity of any particular portion or paragraph of this Agreement shall not affect any other provision herein and, in such event, this Agreement shall be construed as if such invalid provision was omitted.
You may not assign any of your right, title and interest in and to this Agreement without our consent.
This Agreement shall enure to the benefit of and be binding upon you and us and our respective heirs, executors, administrators, successors and assigns.
No delay, waiver, omission or forbearance on our part to exercise any right, option, duty or power arising out of any breach by you of any of the terms of this Agreement shall constitute a waiver by us to enforce any such right, option, duty or power as against you or as to any subsequent breach or default by you.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" will refer to such entity. If you do not have such authority, you and the company or legal entity are not permitted to use the Site or the Services.