mybwalk.com ACCESS AGREEMENT
Certain terms used in this Agreement are defined throughout by a word or phrase set out in parenthesis. “You” and “your” and “tenant”, mean a residential tenant, who has been given access to mybwalk.com (http://www.mybwalk.com) through the internet using an internet device.
“We”, “our” and “us” mean Boardwalk Rental Communities., Boardwalk Property Management, “Boardwalk”.
“Electronic Signature” refers to each combination of numbers or letters selected by you, for your use alone, as a means of identifying you to use the services offered through mybwalk.com. The “Electronic Signature” provides you with access to your Tenant account, maintenance requests, and various consumer products and services designed by Boardwalk to bring you closer to complete carefree way of living.
”Merchant”, when used herein, means any vendor of goods or services through mybwalk.com, or any entity advertising goods or services on mybwalk.com.
Use of your Electronic Signature to access mybwalk.com through an Internet device will confirm your acceptance of, and agreement to, the mybwalk.com Access Agreement and its amendments.
We will issue rules and regulations from time to time governing your access to mybwalk.com. Access to mybwalk.com may be temporarily or permanently placed out of service at any time without notice.
NON-RESPONSIBILITY FOR GOODS OR SERVICES
We are not responsible for defects in or non-delivery of any goods or services you purchased or arranged for through mybwalk.com. We are not responsible for any dispute you may have with any Merchant with respect to goods or services that you purchased or arranged for through mybwalk.com. If you have a problem with the quality of property or services that you purchase through mybwalk.com, please contact Boardwalk to advise us of your problem. A continual flow of information from our Tenants will allow us to optimize your mybwalk.com experience.
No Merchant offering goods or services through mybwalk.com is an agent or partner of us. We will not have any liability or obligation as to any claim in connection with any action or omission of a Merchant, or their agents, in connection with your use or access to mybwalk.com. You hereby waive and release us from any claim, of any nature whatsoever, you may now have or may hereafter arise in connection with use of mybwalk.com or with a Merchant providing goods through mybwalk.com, or their employees or agents.
LIMITATION OF LIABILITY
Unless expressly prohibited or restricted by applicable law or this Agreement, our liability is limited as follows:
We will not be liable to you for performing or failing to perform any mybwalk.com services in connection with this Agreement,
Without limiting the above, we will not be liable for delays or mistakes which happen because of reasons beyond our control, including, but not limited to, acts of civil, military, or banking authorities, national emergencies, insurrection, war, riots, failure of transportation, communication or power supply, or malfunction of our unavoidable difficulties with our equipment. If a court finds that we are liable to you because of what we did or did not do under or in connection with this Agreement, you may recover from us only your actual damages. In no event will you be able to recover from us consequential damages, special damages, or exemplary damages, even if you advise us of the possibility of such damages.
We may delay or waive any of our rights at anytime, without waiving any of our rights at any future time. We may change this Agreement, the mybwalk.com Access Agreement, and the mybwalk.com program at any time at our sole discretion, without prior notice to you. Such changes will be effective immediately.
We are not liable to you for any delay, loss, damage (direct or indirect) or inconvenience resulting from or arising in connection with the provision of or the failure, for any reason, of a Merchant to provide any part of any service. Also, we are not responsible for your acts or omissions or those of any third party.
If mybwalk.com is used to effect a purchase transaction, Boardwalk shall in no way be responsible for the quality or non receipt of the goods or services obtained by way of accessing mybwalk.com and all claims or disputes between you and the merchant, including your rights to compensation or any off-setting rights shall be settled directly by and between the Merchant and yourself.
You are responsible for the care and safety of your own Electronic Signature. You will keep the Electronic Signature confidential and secure from all persons without exception.
INDEMNIFICATION
Having access to mybwalk.com, you agree to indemnify and hold us harmless from any claims and expenses, including attorney fees, related to any mybwalk.com access violation of this agreement.
The law of the Province of Alberta will decide any questions under this Agreement and you irrevocably agree that the Courts of Alberta shall have exclusive jurisdiction over any dispute under this agreement. If any term or disclosure statement, or any agreement you have with us, cannot be legally enforced, it is to be considered changed to the extent necessary to comply with the law.