1. Overview

These Terms of Use form a legally binding contract between ELEV HOMES INC. ("we" or "us") and the people and companies (“Users” or “you”) that access and use our website located at www.elevhomes.ca or any related website or mobile platform controlled by us (collectively, the "Website").

By agreeing to these Terms of Use and using the Website, you are entering into a legally binding contract. It is crucial that you read and fully understand these Terms of Use before using the Website. If you do not agree to or understand these Terms of Use, you may not access the Website or use its services.

These Terms of Use should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Website.

2. Services Available on the Website

We offer the following services through the Website without restriction:

• A Platform (Elev) for Hosts to list their properties and find Students who are seeking accommodation.

• Elev also helps hosts manage viewings, applications, leases, and collect rent payments.

The services we offer are subject to change. By using the Website, you confirm that the services meet your needs. We do not guarantee that these services are suitable for your specific purposes.

3. Ownership of Your Files

When you upload documents or data (including images or text) to the Website, ELEV HOMES INC. does not review or pre-screen the contents and claims no intellectual property rights over them.

By uploading any Content to the Website, you grant ELEV HOMES INC. a royalty-free license to use the Content for purposes related to the use and promotion of its business and the Website.

4. Payment Procedures

Payments for services or products available on the Website will be charged according to the policies, procedures, and timelines posted on relevant sections of the Website. You agree to pay the applicable fees, including but not limited to fees related to transaction processing under your account (“Fees”).

Your authorized credit card will be charged for all initial and recurring Fees. It is your responsibility to keep your authorized credit card valid and up-to-date. We may terminate or block access to your account if your credit card becomes invalid.

5. Your Account

To fully use the Website, you must create an account. Information submitted for account creation is subject to our Privacy Policy. The terms governing your account features and related fees are available on the Website.

6. Termination

You may cancel and terminate your Account at any time in accordance with the terms and policies posted on the Website. If there are any outstanding payments owing by you to us at the date of termination, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

7. Limitation of Liability

Except in cases where we are in violation of these Terms of Use, we will not be held liable for any loss, injury, claim, liability, or damages resulting from the use of the Website. The Website is provided "as is" without any warranty or condition, express, implied, or statutory.

8. Indemnification

You agree to indemnify and hold harmless ELEV HOMES INC., including our officers, directors, shareholders, employees, and agents, from any claims and expenses, including legal fees, arising from your use of the Website or your violation of any term of these Terms of Use.

9. Security Breaches

It is your responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential. You must immediately notify us of any unauthorized use of your account or any other breach of security.

10. Warranties and Representations

We disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability or fitness for a particular purpose as they relate to the Website.

11. Compliance with Laws

You represent and warrant that you have the authority to bind yourself to these Terms of Use, and your use of the Website will be solely for purposes that are permitted by these Terms of Use. Your use of the Website will comply with all local, provincial, and federal laws, rules, and regulations.

12. Age Restrictions

Users under the age of 18 are permitted to access and use the Website but are prohibited from submitting any personal information. Users under the age of 13 may only use the Website under the direct supervision of a parent or guardian.

13. Governing Law and Dispute Resolution

These Terms of Use shall be governed by the laws of the Province of Alberta. Any disputes shall be resolved by private, confidential, and binding arbitration, conducted by a single arbitrator.

14. Waiver of Class Action

You agree to resolve any claim or dispute on an individual basis and waive any right you may have to commence or participate in any class action lawsuit against ELEV HOMES INC.

15. General Terms

a. These Terms of Use may be updated and amended from time to time. b. We may assign these Terms of Use, in whole or in part, at any time. c. No waiver of any provision of these Terms of Use shall operate as a waiver of any other provision. d. The parties are independent contractors. e. If any provision is found to be void or invalid, the remaining provisions will remain in full force and effect.

16. Questions on These Terms of Use

For any questions regarding these Terms of Use, you can contact us at hello@elevhomes.ca.

17. Additional Terms

By agreeing to these Terms of Service, you also agree to the HostGuarantee Terms of Service, which are incorporated into these Terms of Service by reference.

18. Confirmation of Agreement to Terms of Use

By proceeding to use the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and any policies and notices posted on the Website.