Important Notice to all users of this website
To use, as a vendor, the Jones Lang LaSalle (JLL) service operated by MERX, you must agree to the following terms and conditions by clicking on the "I accept" button on the JLL website. In this Agreement, "We", "Us", "Our" and "You" means any person or other entity applying to register with the Jones Lang LaSalle Service as a vendor.
1.0 - Definitions
1.1 - "Information" refers to all of the information, software and other material provided in connection with or available through the Jones Lang LaSalle Service.
1.2 - " Jones Lang LaSalle" refers to Jones Lang LaSalleservice operated by MERX.
1.3 - "Vendor" refers to an individual or entity registered with Jones Lang LaSalle as a Vendor.
2.0 - Rates and Charges - Registered Contractors
2.1 - We agree to register with Jones Lang LaSalle Service, and acknowledge that payment of the registration fee is made in advance annually. Notice of changes or non-renewal to our subscription can be accomplished with an electronic notice to MERX. We acknowledge that annual prepayments are not refundable.
2.2 - MERX is authorized to charge our valid American Express, MasterCard or VISA credit card for all charges when due.
3.0 - Ownership and Use of Information
3.1 - We acknowledge that any of the information that we receive through the Jones Lang LaSalle service (the “Information”) is owned either by the party that issued the Information, which may include a client of Jones Lang LaSalle, or by Jones Lang LaSalle directly. We agree that we will not use, store, copy, or reproduce the Information, or distribute or disclose it to any third party, except for the sole purpose of having such third party assist us in evaluating an opportunity or preparing a response to a tender to Jones Lang LaSalle. We agree that we will not sell, distribute publish or otherwise disseminate to any third party, or make available for the purpose of resale to any third party, any Information received from or through the use of the Jones Lang LaSalle Service without the prior written consent of MERX or Jones Lang LaSalle
4.0 - Confidentiality and Security
4.1 - We acknowledge that MERX and Jones Lang LaSalle cannot ensure the privacy and authenticity of any information that we send or receive through the Internet, and we agree that MERX and Jones Lang LaSalle will not be responsible for any damages that we incur if we communicate confidential information to Jones Lang LaSalle over the Internet, or if MERX communicates such information to us at our request.
4.2 - We agree not to disclose our Jones Lang LaSalle password to any third party. We agree that we are solely responsible for all use of our password and we agree to put reasonable security procedures in place regarding its use and to notify MERX immediately of any unauthorized use.
4.3 - We acknowledge that links to other websites through the Jones Lang LaSalle Service do not imply any endorsement or approval by MERX.
5.0 - Use of Internet and e-mail
5.1 - We acknowledge that if we access Jones Lang LaSalle through the Internet, we are responsible for reading and complying with any notices or posted on the Jones Lang LaSalle website or contained in the attached Internet Notices Page.
5.2 - We acknowledge the fact that email is NOT a guaranteed delivery method and is subject to what is a conventionally referred to as ANTI-SPAM filter that may impact the delivery of the email to our email account. We acknowledge that MERX and Jones Lang LaSalle will not be responsible for an email once it has left the MERX Server unless the delivery failure is caused solely by the gross negligence of MERX.
6.0 - Change of Address
6.1 - We agree that we are responsible for providing our current delivery or invoicing address, our fax delivery number and/or our e-mail address to MERX for the Jones Lang LaSalle Service. We will immediately notify MERX of any change of these addresses through the Jones Lang LaSalle website, by email or by fax on Company letterhead. We acknowledge that MERX and Jones Lang LaSalle shall bear no responsibility or liability for our failure to do so.
7.0 - Termination
7.1 - We acknowledge that MERX or Jones Lang LaSalle may terminate this Agreement with us and suspend our use of the Jones Lang LaSalle Service at any time and for any reason, including where we fail to pay the registration fee.
7.2 - We may immediately terminate this Agreement with MERX upon providing written or electronic notice to MERX. Where an electronic notice will be provided by us to MERX to terminate this Agreement, we agree to comply with all reasonable procedures established by MERX in providing such electronic notice (as such procedures may be amended from time to time at MERX’s sole discretion). Where a written notice will be provided by us to Jones Lang LaSalle to terminate this Agreement, we agree to comply with all reasonable procedures established by MERX to provide such written notice (as such procedures may be amended from time to time at MERX sole discretion), which procedures shall be made available to us through the JLL Service, upon termination, we acknowledge our password and access to the Jones Lang LaSalle Service will be terminated and we will no longer receive any notifications. Termination of this Agreement will not relieve us from our obligation to make payments to MERX for any outstanding fees or other charges payable by us prior to termination for the Jones Lang LaSalle Service and our use of the Jones Lang LaSalle website.
7.3 - On termination, we will return any Information provided to us on reasonable request by MERX.
7.4 - We will pay any outstanding fees and charges on termination, and agree those sections 4, 5 and 9 of these terms and conditions will continue in force following termination. We acknowledge that annual prepayments are not refundable.
8.0 - Liability
We acknowledge that MERX and Jones Lang LaSalle assume no responsibility for the availability, accuracy, completeness or timeliness of any of the Information, or for the fitness of such Information for any particular purpose.
8.1 - We acknowledge that MERX and Jones Lang LaSalle and their respective officers, directors, employees, agents and subcontractors will not, under any circumstances, be liable to us for damages, including direct, indirect, special or consequential damages, even if MERX or Jones Lang LaSalle have been advised of or could have foreseen such damages, arising out of our use of or reliance on the Jones Lang LaSalle Service, unless caused solely by the gross negligence of MERX. For greater certainty, such damages shall include, without limitation, damages in respect of loss of profit, loss of business revenue, failure to realize any expected savings, and any claim made against us by a third party.
8.2 - We agree that we will indemnify and hold harmless MERX and Jones Lang LaSalle and their respective officers, directors, employees, agents and subcontractors for any loss, damage, cost, expense, liability or claim suffered or incurred by, or made against, MERX or Jones Lang LaSalle arising out of our breach of this Agreement, or our fraud, misrepresentation, negligence or wilful misconduct in our performance or non-performance under this Agreement.
9.0 - Laws of Application
9.1 - We agree that this Agreement will be governed by the laws of Ontario and those of Canada applicable therein.
10.0 - Assignment
10.1 - We agree that MERX or Jones Lang LaSalle may assign this Agreement, in whole or in part, without our consent, and we may not assign this Agreement in whole or in part.
IMPORTANT NOTICE TO ALL USERS OF THE JONES LANG LASALLE WEBSITE
Confidentiality and Security
MERX and Jones Lang LaSalle cannot ensure the privacy and authenticity of any information or instructions you send to us or we send to you over the Internet. MERX, including the Jones Lang LaSalle Service, will not be responsible for any damages you may incur if you communicate confidential information to us over the Internet, or if we communicate such information to you at your request.
Non-responsibility
MERX and Jones Lang LaSalle are not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of use of this website, the Jones Lang LaSalle Service, or the reliance on the information it contains.
Available Only Where Permitted by Law
The products and services described in pages of websites of MERX, including the Jones Lang LaSalle Service, are only offered in jurisdictions where they may be legally offered for sale or use.
Applicable Agreements
All products and services of MERX, including the Jones Lang LaSalle Service, are subject to the terms of the applicable agreements.
Use of Information
The information contained on this website and pages within is not intended to provide specific legal, accounting, financial or tax advice for any individual and may not be relied upon in that regard.
Accuracy and Changes
Facts and information provided by MERX, including the Jones Lang LaSalle Service, are believed to be accurate when placed on this website. Changes may be made at any time to the material or information at this website without prior notice.
Software Backup
While every effort is made to ensure that all software provided at this We site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should also ensure that you have a complete and current backup of the information contained on your computer system prior to installing such software.
Hyperlinks are Not Endorsements
Links to other websites or references to products, services or publications other than those of MERX at this We site do not imply the endorsement or approval by MERX of such websites, products, services or publications. MERX is not responsible or liable for the content presented on these links including advertising claims, endorsements or names. These websites are not part of our website or the Jones Lang LaSalle Service and MERX has no control over their content or availability.
Trademarks Belonging to MERX or Other Entities
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of MERX or other entities. Trademarks may be registered in Canada and in other countries as applicable. The display of trademarks on pages at this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws and could subject the copier to legal action.
Copyright
All Information at this site is protected under the copyright laws of Canada and in other countries. In addition, certain information may be copyrighted by others. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any information found at this website. Inquiries about permission should be directed to the Jones Lang LaSalle Call Centre at 1-800-964-MERX (6379).
