By using or accessing our Services in any way, you agree and are subject to these terms.
1. Services. We provide Services that allow Users interested in purchasing or renting real estate properties to gain access to a multiple listing service database, real estate professionals, mortgage lenders, service providers, and other data. We are a brokerage that is a member of a local real estate board (the ' Local Real Estate Board'). All of the Content (defined below) contained on the Services is owned and controlled by the Real Estate Board.
To gain access to information about listed real estate properties ('Listing Information') and our network of professionals, you must submit certain personal information. This information will be used by us to assist you in the real estate transaction process by communicating Listing Information to you and information about our network of professionals.
We emphasize that we are not a party to any contract of sale that may arise between the buyer, seller, or any other third party concerning any of the properties contained in the Listing Information. Any agreement you enter into with any real estate professional, mortgage lender, service provider, or any other third party through the use of the Services will be strictly between you and such third party. You agree that you must evaluate and bear all risks associated with your dealings with any third party that is linked to, included in, or referred to by the Services. You agree and understand that your choice to deal with any member or affiliate of this site is done at your discretion and risk, and you will be solely responsible for such dealings.
3. Responsibility for Content. The information contained on the Services, including the Listing Information and information concerning our network of real estate professionals, mortgage lenders, and service providers (the 'Content') is based in whole or in part on information that is provided by members of the Local Real Estate Board, who are responsible for its accuracy. The Local Real Estate Board reproduces and distributes this information as a service for its members.
Your access to all such information and Content is at your own risk. Neither we nor the Local Real Estate Board nor our website designers or service providers assume responsibility for any errors or omissions in the information or Content nor do we accept liability for any damage or loss that may arise from your use or access to it. You therefore agree to release the foregoing parties from any and all liability for you having accessed or not accessed Content through the Services.
The Website and Services may contain links or connections to third party websites and/or associated resources and services that are not owned or controlled by us. When you access third party websites or use third party services, you assume the full risk of doing so. You hereby acknowledge and agree that we are not responsible for the availability or contents of such third party websites and/or associated resources and services. Furthermore, we do not endorse, and are not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from such third party websites, resources or services, or for any damages and/or losses arising therefrom. By using the Services, you agree to release and hold us harmless for any and all liability arising from your use of any third party website or service.
In the event that you have a dispute with any other users or any third party in connection with the use of our Services, you hereby accept that we are under no obligation to become a party to the dispute and you release us, our directors, officers, employees, agents, and successors from all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
4. Registration. In order to obtain access to the Services and create your account ('Account'), you may be required to first submit certain information to us by our contact form. The registration data that you must supply may include, without limitation, some or all of the following: (a) your full name; (b) e-mail address; (c) telephone number; (d) username, (e) password, and (f) any other information requested on the applicable form (collectively, 'Registration Data'). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion.
You are responsible for maintaining the confidentiality of your Account, username, password, and for restricting access to your computer and or devices, and you agree to accept responsibility for all activities that occur through use of your Account.
You are not required to pay any fee for registration.
BY SUBMITTING YOUR REGISTRATION DATA, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US at the email address and telephone numbers you entered into our contact form, or that you later provide us by amending your contact information on your Account’s 'subscriptions' page. These communications may include telemarketing messages, through the use of email, landline phone, cellular phone, and text messages. We may use an automatic telephone dialing system (or 'dialer'), which may employ an artificial or pre-recorded voice or 'robotexts'. In receiving these communications your carrier’s standard rates and charges may apply. The frequency of communications with you may vary as determined by the individual salesperson, REALTOR®, or third party.
BY SUBMITTING YOUR REGISTRATION DATA YOU REPRESENT AND WARRANT THAT: (a) you are at least 18 years old, (b) you live in Canada, (c) you are not registered on Canada’s National Do Not Call List, (d) you are the account holder of the email address and phone numbers you provided in your Registration Data and you will inform us promptly if you release them to another individual, and (e) the email address and phone numbers that you provided are accurate and you will update them if necessary.
BY SUBMITTING YOUR REGISTRATION DATA YOU ACKNOWLEDGE AND AGREE to the following provisions related to compliance with Canada’s Anti-Spam Legislation ('CASL'), Canada’s Personal Information Protection and Electronic Documents Act ('PIPEDA') and provincial law including Alberta’ Personal Information Protection Act, British Columbia’s Personal Information Protection Act, and Quebec’s Act Respecting the Protect of Personal Information in the Private Sector:
(b) You agree that our communication with you will continue until you opt-out, which indicates you are no longer considering real estate opportunities.
YOU MAY REVOKE YOUR CONSENT TO RECEIVE COMMUNICATIONS AT ANY TIME by selecting 'unsubscribe' at the bottom of any one of our emails. We will make a commercially reasonable effort to comply with any communications from you opting out and we may take up to 30 days to stop communications with you. You consent to receive a final text message or email confirming your opt-out.
6. Acceptable Usage of Our Services. You may access and use our Services solely for viewing Listing Information and communicating with real estate professionals, mortgage lenders, and other service providers for the purposes of your own personal and non-commercial interest in future real estate purchases.
You are solely responsible for all Registration Data that you contribute to the Services. You represent that all Registration Data submitted by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
If you share links to the Services, including the Listing Information and Content, you acknowledge that your posting of such content (including linking to our Services) is subject to all applicable international, federal, provincial, and local laws and regulations, as well as the terms and conditions of the website or platform to which you shared such content. You agree not to post, share or transmit any link to the Services in any way that violates such laws, regulations, terms and conditions.
7. Prohibited Uses of Our Services. As part of our Services, we may provide you with access to data, information, and content relating to the Listing Information. You represent, warrant, and agree that you will not contribute any Registration Data or use the Services or Content in a manner that:
(a) violates any law or regulation;
(c) infringes or violates the intellectual property rights of anyone else, including us;
(d) infringes or violates the security of any computer network;
(e) threatens the security of any User’s account, including but not limited to any attempts to obtain the password or any other security information from any other User;
(f) is harmful, dangerous, deceptive, fraudulent, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(g) imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
(h) operates any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of them;
(i) probes, scans, or tests for vulnerabilities of our Services or any other websites or networks connected to them;
(j) modifies, adapts, or reverse engineers any aspect of our Services, including without limitation, all Content;
(k) removes any indications of ownership from any Content which came from our Services, or claim it as your own or as that of any other entity or individual;
(l) willfully corrupts any Content available through our Services;
(m) knowingly or recklessly transmits or distributes a virus into our network and computer systems; or
(n) assists, encourages, or permits any other person to do any of the acts described above.
Any violation of the forgoing in this Section shall constitute sufficient grounds for terminating your right to use or access the Services.
8. Disclaimers. The Services and/or the Website contain comments, opinions, advice, statements, offers, products, services, requests, solicitations and other information that is provided by members of the Local Real Estate Board and/or other third parties, as applicable, and not by us. Such comments, opinions, advice, statements, offers, products, services, requests, solicitations and/or other information should not necessarily be relied upon. Those other third parties are solely responsible for the accuracy, completeness, appropriateness or usefulness of such materials. We do not represent or warrant that the content, feedback, comments, opinions, advice, statements, offers, products, services, requests, solicitations and/or other information made available by and through the Services and/or the Website is/are accurate, complete or appropriate. You may find certain information, products and/or services as posted by third parties to be offensive, harmful, inaccurate and/or deceptive.
Decisions about the acquisition or disposition of real property interests are major financial decisions which should be made only after careful review, deliberation and due diligence. The information contained on the Services is offered as information only and not as financial, accounting, legal or other professional advice. Users of the Services should contact their own professional advisors for such advice. Please use caution, common sense and safety when using the Services and/or the Website.
You understand and agree that we will not be responsible for, undertake no responsibility to monitor, or otherwise police, such comments, opinions, advice, statements, offers, products, services, requests, solicitations and/or other information. To the extent permissible by applicable law, you agree that we shall have no obligation and incur no liability to you in connection with any such comments, opinions, products, services, requests, solicitations and/or other information made available by and through the Services and/or the Website by third parties.
You are solely responsible for your interactions with real estate professionals, mortgage lenders, service providers, and other third parties. In the event that you have a dispute with one or more third parties, to the extent permissible by applicable law, you hereby release us including, but not limited to, our officers, directors, website designers, service providers (including AgentLocator Inc.), shareholders, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. We reserve the right, but have no obligation, to monitor disputes between you and other parties.
To the extent permissible by applicable law, you further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
9. Cancellation of Account. You may cancel your Account at any time if you are not completely satisfied with the Services. You understand and agree that cancellation of your Account is your sole right and remedy with respect to any dispute with us. Upon any termination and/or cancellation of your Account, your license grant, as set forth in Section 10 shall immediately terminate.
14. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE WEBSITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, SERVICES, LISTING INFORMATION AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE FOREGOING; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, SERVICES, LISTING INFORMATION AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE FOREGOING. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE THE WEBSITE PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF THE WEBSITE PARTIES TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE THE WEBSITE PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 14. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, SERVICES, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE FOREGOING MAY BE BROUGHT BY YOU OR THE WEBSITE PARTIES MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND THE WEBSITE PARTIES. ACCESS TO THE WEBSITE, SERVICES, LISTING INFORMATION AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE FOREGOING WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
16. Accessing the Website and Services. You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Website and Services and for ensuring that such equipment and services are compatible with our requirements.
18. Legal Disputes
A. Governing Law
B. Arbitration Agreement.
All MLS® data obtained from this VOW is intended only for your personal, non-commercial use.
You have a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through this VOW.
That you will not copy, redistribute, retransmit, or otherwise use any of the data or Listing Information provided, except in connection with your consideration of the purchase, sale, or lease of an individual property.
Information Technology Systems Ontario, Inc. (ITSO's) ownership of and the validity of ITSO's proprietary rights and copyright in the MLS® database, MLS® data, ITSO's MLS® System, and Listing Information.
You will not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense any Listing Information to another individual or entity. The prohibited uses expressly include "scraping" (including "screen scraping" and "database scraping"), "data mining" or any other activity intended to collect, store, re-organize, summarize or manipulate any Listing Information or any related data.
Consent to the fact that your Personal Information, including first and last name, email address, and phone number may be collected, used, or disclosed. The personal information may be shared with ITSO for auditing and/or legal purposes.
The information here is deemed reliable but not guaranteed by Information Technology Systems Ontario, Inc.