Pillar to Post Inc.

Canadian Website and Mobile App Terms Of Use

Last updated: December 2024

  1. Acceptance of Terms

These Terms of Use (the “Terms”) govern your access or use of Pillar to Post Home Inspectors™, Inc. (“Pillar to Post™,” “we,” “us,” or “our”) website located at https://pillartopost.com/ (the “Website”) and any of our mobile apps (each, an “App”). Please read these Terms and our Privacy Policy located at https://pillartopost.com/privacy/ (the “Privacy Policy”) carefully before use of the Website and any Apps (the Website and the Apps, and all services made available by or through or provided in connection with the Website or the Apps, are collectively, the “Platform”), as they constitute a legal agreement between you and Pillar to Post™ governing your access and use of the Platform and the services accessible via the Platform (collectively, the “Services”). Your use of the Services will be deemed to be your acceptance of these Terms. If you do not agree with these Terms, do not use the Services.

  1. Intellectual Property Rights

Definitions. For the purposes of these Terms: (i) “Content” means all information, text, photographs, graphics, images, videos, logos, data, software and other materials  found through the Services; and (ii) “User Content” means any Content that users of the Platform (including you) may create, generate, upload, post, store, display or otherwise make available in connection with the Platform; and (iii) “Pillar to Post Content” means any Content, other than User Content, that Pillar to Post may create, generate, upload, post, store, display or otherwise make available in connection with the Platform, including, without limitation, Pillar to Post trademarks, service marks and copyrights, whether owned by or licensed to Pillar to Post.

License Granted by Pillar to Post. Subject to your compliance with these Terms, Pillar to Post grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and use the Platform and to access and use the Content solely in connection with your permitted use of the Platform, and solely for your personal and non-commercial purposes. 

All Other Rights Reserved. Pillar to Post™ expressly reserves all intellectual property rights in the Pillar to Post Content and the Platform. Other than the limited license granted in the previous paragraph, nothing contained within the Platform grants or should be construed as granting any license or right to use the Pillar to Post Content or the Platform for any purpose without the express written consent of Pillar to Post™.

  1. Content Ownership, Responsibility, and Removal

Our Content Ownership. Pillar to Post does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Pillar to Post™ and its licensors exclusively own all right, title and interest in and to the Platform and Pillar to Post Content, including all associated intellectual property rights. You acknowledge that the Platform and Pillar to Post Content are protected by copyright, trademark, and other laws of Canada, the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or Pillar to Post Content.

Rights in User Content Provided by You. By making any User Content available through the Services, you hereby grant to Pillar to Post a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify (for formatting purposes only), distribute, publicly display, and publicly perform your User Content in connection with the Platform.

Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Pillar to Post on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Removal of User Content. User Content may continue to exist on the Platform after you cease to use or access the Platform. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

  1. Prohibited Activities

Prohibited Use of the Platform. You may use the Platform only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you may not use the Platform:

to violate any applicable law or regulation;

to infringe the rights of any third party, including without limitation, intellectual property, privacy, and contractual rights;

for any purpose that is unlawful or prohibited by these Terms;

to bully, harass, cause harm or damage to any person or entity;

to disable, overly burden, impair or otherwise interfere with the proper operation of the Platform; 

to attempt to gain unauthorized access to the Platform;

to use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code;

to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, threatening, obscene or otherwise objectionable material (as determined by Pillar to Post in its sole discretion); or

to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Platform any data, information, pictures, videos, music or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) is false, intentionally misleading, or impersonates any other person; (iii) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; or (iv) is harmful to minors in any way or targeted at minors.

Additional Prohibited Activities. You agree that you will not, directly or indirectly, and will not permit any third party to, directly or indirectly, in any manner whatsoever:

a) use, copy, broadcast, distribute, upload, post or share any Pillar to Post Content or any part of the Platform in any way except in connection with the permitted uses of the Platform;

b) rent, lease, loan, license or sublicense any of the Pillar to Post Content or the Platform or permit any third party to access any Pillar to Post Content or the Platform, in any manner whatsoever;

c) modify, enhance, create adaptations or derivative works of any of the Pillar to Post Content or the Platform;

d) assign these Terms or otherwise transfer any App to any third party;

e) disassemble, decompile, reverse engineer or otherwise attempt to generate any source code for any of the Platform;

f) permit any Pillar to Post Content or any of the Platform to be used for the benefit of any third party; or

g) use any of the Pillar to Post Content or the Platform except as authorized in these Terms.

Service-Bureau Services. You may not use or permit the use of any of the Platform for the benefit of any third party, including without limitation, to provide service-bureau, software rental, subscription service, time-sharing, outsourcing, application service provider or any other type of services for the benefit of any third party.

Compliance with Laws. You acknowledge that you are solely responsible for compliance with all applicable laws and regulations concerning your use of the Platform.

  1. Third Party Websites

The Platform may contain links to other websites or resources. These links are for your convenience only and are not under our control and are not subject to Pillar to Post’s™ Privacy Policy. We recommend that you check the privacy policies of each such website to determine how your information will be used.

  1. Privacy Policy

All personal information we collect through the Platform is subject to our Privacy Policy. By using the Services, you consent to all actions taken by Pillar to Post™ with respect to your information in compliance with the Privacy Policy. You hereby authorize (and hereby represent that you have the authority to authorize) Pillar to Post to conduct all activities as contemplated in these Terms including, without limitation, storing, reproducing, processing and other handling of the personal information and the use, disclosure and transmission of the same pursuant to and in connection with the activities contemplated in these Terms and all tasks, duties and activities reasonably ancillary thereto.

For a detailed description of Pillar to Post’s™ personal information collection practices, please see our Privacy Policy, which is incorporated herein by reference.

  1. Disclaimers

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES FOR CONSUMERS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE MATERIALS AND SERVICES PROVIDED ON THE PLATFORM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

PILLAR TO POST™ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE PLATFORM.

ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE PLATFORM. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR JURISDICTION.

  1. Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES FOR CONSUMERS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IN NO EVENT WILL PILLAR TO POST BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PLATFORM, ANY WEBSITES LINKED TO THE PLATFORM, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE PLATFORM RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. NOTWITHSTANDING THE FOREGOING, PILLAR TO POST’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS PLATFORM, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS PLATFORM.

THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Governing Law and Jurisdiction

These Terms and the Privacy Policy shall be construed under the laws of the Province of Ontario, which shall control without regard to its conflict of laws provisions. Any action arising out of or relating to these Terms shall be commenced and concluded only in the Province of Ontario.

  1. Termination

Pillar to Post™, in its sole discretion, may terminate or restrict your use or access to the Services or the Platform for any reason, including, without limitation, if Pillar to Post believes you have violated or acted inconsistently with these Terms. Upon any termination, discontinuation, or cancellation of the Services, the following provisions of these Terms will survive: Sections III, VII, VIII and IX.

  1. Waiver

Pillar to Post’s™ failure to enforce any portion of the Terms shall not constitute a waiver of any of its rights under these Terms.

  1. Severability

In the event that any provision or part of any provision in these Terms is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision or portion thereof shall be severed from these Terms and all other provisions of these Terms will remain in full force and effect.

  1. Indemnification

EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PILLAR TO POST AND ITS PRESENT AND FORMER OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, DIRECTORS, FRANCHISEES, AGENTS, SERVANTS, REPRESENTATIVES, PARENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THE PLATFORM IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE ANY APPLICABLE LAW OR THESE TERMS.

  1. Delays and Accessibility

The Services may be subject to limitations, delays, failures or other problems associated with the use of the Internet and electronic communications. From time to time, we may restrict access to all or some parts of the Services. Pillar to Post™ is not liable if the Services are unavailable at any time for any reason.

  1. Changes to Terms

From time to time, we may change these Terms to accommodate new technologies, industry practices, regulatory requirements or for other purposes in our sole discretion. You are advised to check the Terms regularly, as continued use is deemed to be approval of and consent to all such changes.

  1. Changes to Website

We may update the Content on the Platform from time to time, but its content is not necessarily complete or up-to-date. The materials and services on the Platform may be out of date, and Pillar to Post™ makes no commitment to update the materials and services on this Platform.

  1. Entire Agreement

These Terms and the Privacy Policy constitute the entire integrated and exclusive agreement between you and Pillar to Post™ with respect to the Services and supersede all prior understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

  1. Comments and Questions

If you have a comment or question about these Terms, please contact us at privacy@pillartopost.com or 1-800-294-5591.

Last Modified: December 2024.