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TERMS OF USE

Welcome to RealtyForSale.ca! This website is owned and operated by 8596107 Canada Inc., and hereinafter referred to as RealtyForSale.ca.

Please read these terms and conditions (the "Terms") carefully before using this website. By accessing any page of RealtyForSale’s website which can be accessed at www.realtyforsale.ca referenced herein as the (“Website”), you agree to be bound by these terms and conditions which form a legal and binding contract setting out your rights and obligations and those of the legal entity. These Terms may be amended by RealtyForSale.ca at any time without notice to you and the Website reserves the full right to amend or modify the Terms at any time. Your continued use of the Website following any such changes will mean that you have read and consent to the amendments made to the Terms which will take effect immediately. The date on which these Terms were last modified appears at the top of these Terms. The Terms will apply to all visitors/users/agents/consultants/contractors and anyone who accesses our Website and the services provided by RealtyForSale.ca (including real estate professionals and agents).

CONTENT OF WEBSITE (RealtyForSale.ca)

The Website and the services provided by RealtyForSale.ca aims to provide real estate information to its users. The services provided by the Website includes the following: real estate listings, real estate searches, school listings, crime data, realtor searches, demographic data, local property information, mortgage calculations, real estate market index and all or any property related searches/content/data. This platform is intended to provide the public and/or the users with information on the real estate market by providing content, data and services available on the Website.

REAL ESTATE DATA

The Toronto Real Estate Board (“TREB”), Development Pro Realty and 8596107 Canada Inc., operating business as RealtyForSale.ca have entered into an agreement to operate as Virtual Office Website Brokerage (“VOW”) to disseminate data from TREB’s database of real estate listings via the Website. The database is part of a collaborative system that is operated under the MSL® trade-mark and embodies a collection of real estate listings of properties, homes, condos and any relevant property listings within a specified geographical location. The data dissemination is owned and governed by the TREB’s terms and policies. All listings provided in the database consist of a collection of texts, images, photos and content related to geographical and property information. TREB owns such content and has licensed the content and all software/database to the Website, which is governed and protected under the Canadian intellectual property laws.

The terms mentioned below will apply to the Internet Data and VOW features of the Website. By using our Website you understand and agree that you have read and understood the disclosure document of the province you reside in.

• Guidelines and Policies by the Ontario Real Estate Association (OREA)

TREB AND VOW DISCLAIMERS

The MLS® listing information presented in RealtyForSale's VOW system is deemed reliable but is not guaranteed accurate by RealtyForSale, Brokerage or TREB. The information provided herein must only be used by consumers that have a bona fide interest in the purchase, sale or lease of real estate and may not be used for any commercial purpose or any other purpose.

MLS®, Multiple Listing Service®, and the associated logos are all registered certification marks owned by CREA and are used to identify real estate services provided by brokers and salespersons who are members of CREA.

REALTOR®, REALTORS® and the REALTOR® logo are certification marks owned by REALTOR® Canada Inc., a corporation jointly owned by the National Association of REALTORS® and The Canadian Real Estate Association. The REALTOR® trade marks are used to identify real estate services provided by brokers and salespersons who are members of CREA and who accept and respect a strict Code of Ethics, and are required to meet consistent professional standards of business practice which is the consumer's assurance of integrity.

THIRD PARTY DATA

The Website and the services provided by us will contain content, data, services and links to third-party websites and other relator websites.

You understand and agree that:

1. The proprietary rights to all data contained in this Website belong to RealtyForSale.ca or its third party data providers ("Data Providers");
2. Neither RealtyForSale.ca, its affiliates nor any Data Providers guarantees the accuracy or completeness of data or other messages that the Data Providers may disseminate;
3. Neither RealtyForSale.ca, any of its affiliates, nor any Data Providers shall have any liability to you or to any other person for inaccuracies, errors and omissions;
4. Neither RealtyForSale.ca, its affiliates nor any Data Providers may be held liable for any discontinuance on the provision of data or for any change in the manner of distribution for any reason;
5. Data and real estate related content is made available for your own personal use only;
6. Data Providers are third party vendors under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against any person that gains access to or uses data other than as this agreement stipulates. You shall pay the reasonable legal fees that any Data Providers may incur in so enforcing this agreement.

Content posted on the Website by third party vendors and Data Providers may contain inaccuracies, errors and incompleteness. RealtyForSale.ca does not have control of every content provided by third parties and Data Providers and will assume no responsibility for it. The Website has no obligation to monitor or review all contents or data that are posed by such third-party vendors and Data Providers.

USE OF THE WEBSITE

RealtyForSale.ca provides you with the rights to use the content and database for your own personal and non-commercial usage only. Any person is hereby authorized to view, use, copy and download the information made accessible on this Website, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear, on the pages copied. You agree that you will only use the Website in a way which is consistent with the Terms and which complies with applicable laws and regulations.

Use of the Internet: You are responsible for any costs you incur to access the Internet or the Website. You acknowledge and agree that use of the Internet and access to or transmissions or communications with the Website is solely at your own risk. While RealtyForSale.ca has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to and from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, RealtyForSale.ca is not responsible for the security of any information transmitted to or from the Website.

Restrictions: You may not copy, store, reproduce, distribute, display, modify, market, lease, sell, license, sublicense, commercially exploit or otherwise use the Website or any content in any manner not expressly permitted by these Terms. In addition, you may not translate, decompile, create any derivative work(s) of, disassemble, remove or alter any proprietary notices or labels, transfer, mirror or frame any of the Website or any content in any manner not expressly permitted by these Terms. In addition, you may not:

1. attempt to gain unauthorized access to any portion or feature of the Website, including the account of any other member(s), or any other systems or networks connected to the Website or to any of our server or to any of the services offered on or through the Website, by hacking, password “mining” or any other means;
2. probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
3. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the RealtyForSale.ca’s systems or networks or any systems or networks connected to the Website;
4. use any device, software or routine to interfere with the proper working of the Website or with any other person’s use of the Website;
5. forge headers, impersonate a person or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or information you send on or through the Website;
6. use the Website to harvest or collect phone numbers, e-mail addresses or other contact or personal information;
7. use the Website in an unlawful manner or in a manner that could damage, disparage or otherwise negatively impact RealtyForSale.ca.; and
8. you will not use the Website to send or upload any material containing software, viruses or other codes, programs or files designed to interrupt, destroy, damage or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt the Website.

ACCURACY OF CONTENT

While care has been taken by RealtyForSale.ca to ensure the information contained within this Website is accurate and up-to-date, however no guarantee is given as to the accuracy or completeness of any information and no liability is accepted for any errors or omissions in displaying such information. The content and information provided on this Website is provided by a third-party vendor and other related companies and therefore RealtyForSale.ca will not take responsibility to guarantee its accuracy or completeness of its content. While RealtyForSale.ca takes immense efforts to promote “good faith”, we cannot guarantee that the services provided by independent agents/consultants and realtors who promote their services on the Website are “qualified/licenced or registered” professional. The Website does not make any assurances to the information provided by realtors, agents/consultants/contractors and real estate agents affiliated with the Website.

AMENDMENTS/MODIFICATIONS TO CONTENT

RealtyForSale.ca may amend the Website and its content at any time with or without notice to you. You agree that RealtyForSale.ca shall not be liable to you or to any third party for any amendment, modification, suspension, or discontinuance of the Website or any content or services provided by the Website.

LINKS TO EXTERNAL WEBSITES

Users visiting our Website may find links to websites owned and operated by other companies and organizations. Please note that when you click on one of these links, you are moving to another website. While we reviewed the linked sites at the time of the posting of the link, and only provide a link if we believe the content of a site is appropriate and of interest to visitors to our Website, the content of those linked sites is the responsibility of the company and/or organization owning and operating the site. The content, accuracy and opinions expressed in such websites are not checked, analyzed, monitored or endorsed by us. RealtyForSale.ca is not responsible for, and has no control over, the content or terms of use of any linked site. We encourage you to read the terms of use of any linked site as its terms of use may differ from that of our Website. You agree that RealtyForSale.ca has no responsibility or liability for third party websites and that RealtyForSale.ca shall not be liable in any way for any damage or loss caused in relation to the contents or services available through such third-party websites. Some of the websites are social media sites where RealtyForSale.ca has accounts. By using or accessing those websites, you agree to be bound by these Terms listed in this agreement, and by the terms and conditions of use of those social media sites.

CONTENT POSTED BY WEBSITE/OTHER USERS

The Website may contain blogs, message boards, forums, comment areas and other interactive features where users can share and display materials, information and commentary (“Posting(s)”). You agree that you will not post, transmit or discuss any of the following on or through the Website:

1. anything that interferes with or disrupts the Website or the operation of the Website;
2. statements or material that defames, harasses, abuses, stalks, threatens, intimidates or in any way infringes on the rights of others;
3. unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets or privacy of others;
4. statements or material that violates any contractual or fiduciary rights, duties or agreements;
5. statements or material that is bigoted, hateful or racially offensive;
6. statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
7. statements, images or other material that contains vulgar, obscene, profane or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
8. statements or material that harms minors;
9. statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of RealtyForSale.ca;
10. statements or material that misrepresents your affiliation with any entity and/or the Website;
11. anything that violates the privacy or publicity rights of any other person, including displaying any personal identifying information of another individual;
12. statements or material that constitutes junk mail, spam or unauthorized advertising or promotional materials; or
13. files that contain malicious code, viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer, network or the Website.

Additionally, you agree that the Website is not a publisher of any Postings and is merely functioning as an intermediary to enable you to provide and display a Posting. As such, you represent that you have all necessary rights, consents or permissions to make any Posting. You also acknowledge that all Postings are non-confidential and that RealtyForSale.ca has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. In connection with making any Posting, you hereby and automatically grant to the Website a non-exclusive right to copy, distribute, display, modify, transmit and otherwise use any such content or information for any purpose in any form, media or technology now known or later developed for the full term of any rights that may exist in such content or information.

No Pre-Screening of Postings: RealtyForSale.ca is not responsible for screening, policing, editing or monitoring your or another user’s Postings. The Website does not endorse or oppose any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, completeness or reliability of, any advice, opinion, statement or other material displayed, uploaded or distributed by you or any other user. Nevertheless, RealtyForSale.ca reserves the right to delete or take other action with respect to Postings that it believes in good faith violate these Terms, are unlawful or harmful to the Website and goodwill, or for any other reason in the Website’s sole discretion. If you violate these Terms, RealtyForSale.ca may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning and/or terminate your access or use of the Website. RealtyForSale.ca assumes no responsibility for the deletion of or failure to store any Postings

PERSONAL/ACCOUNT INFORMATION OF USERS

At the time of the registration or sign-up process, you are provided with a username and password to access our Website's dashboard. RealtyForSale.ca strongly cautions you against sharing any personal information, such as your login ID or password, with anyone else. You are entirely responsible for protecting your personal and user information and RealtyForSale.ca will not be liable for any loss or damages resulting from your negligence in protecting such private information. You are encouraged to contact RealtyForSale.ca and notify us of unauthorized use of your account and we will take all the necessary steps to assist you in resolving any account related issues. The Website reserves the right to discontinue or terminate access of the Website to you, at any point in time, without notification. This may involve deletion of content or information that is made available on the Website and it is your responsibility to maintain a back-up of such content and the Website will not take any responsibly to provide you with back-ups of such content.

PROPRIETARY AND COPYRIGHT RIGHTS

The content of the Website is protected by copyright laws in Canada. The intellectual property rights in the Website, (unless otherwise indicated) its contents including all copyright and proprietary information in the underlying information, graphics, code, text and designs, images, documents, trademarks, logos, photographs and product names are owned by RealtyForSale.ca and/or related companies/websites, affiliates and third parties. All content and data posted on the Website remains intellectual property of RealtyForSale.ca and is made accessible on the site for personal and non-commercial use only. Unauthorized use of these names and logos is strictly forbidden. In the event anyone wishes to publish or distribute written marketing or other promotional material based upon the content of this Website, they may only do so having first obtained the prior written consent of a duly authorized officer of RealtyForSale.ca. Any unauthorized copying, distribution, reproduction or modification of content on the Website may be a violation of copyright laws in one or more countries, and could be subject to legal action. You agree to comply with all applicable copyright laws in your use of the Website, and to prevent any unauthorized copying of content.

Subject to the limitations below, you are granted a personal, limited, non-exclusive and revocable license for non-commercial purposes to display on your computer, download, print, save and/or reproduce content on the Website for informational purposes only and solely for your own personal use. You may not; modify any content; reproduce, display, publicly perform, distribute, or otherwise use any content in any way for any public or commercial purpose, or for profit; include any content in or service that you provide; copy any content onto your own or any other website; suggest, directly or indirectly, that RealtyForSale.ca has approved, authorized or endorsed you, your company or your activities.

No content that is attributed to a copyright owner other than RealtyForSale.ca may be reproduced, printed, downloaded or distributed, except with the prior permission of that copyright owner. No information or content that is found on third party websites or other third party sources that are accessible from the Website via a hyperlink or other linking practice may be reproduced, printed, downloaded or distributed, except with the prior permission of that copyright author or owner.

Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade marks, trade names, domain names, trade dress or other intellectual property of RealtyForSale.ca or its affiliates that is protected in Canada and elsewhere. The limited copyright license above does not apply to these other intellectual property rights, and any use of same, in whole or in part, is strictly prohibited without our prior, written authorization. Certain trade marks, trade names, trade dress and associated products and services on the Website may be rights owned by third parties. The display of these trade marks, trade names, trade dress and associated products and services does not convey or create any license or other rights in these trade marks or trade names, and any unauthorized use of them is strictly prohibited.

ADVERTISEMENTS

RealtyForSale.ca will from time to time post advertisements, offers and promotions from third party sites and vendors which will display content, information and links to third party websites, products or services. We will not be held responsible for your participation or relationship with these third-party vendors and any terms and conditions associated with such advertisements and promotions are between you and such third party only. RealtyForSale.ca will not be liable for any content or information available to you via ads, promos, links, offers, coupons and other relevant advertisement materials posted on the Website.

DISCLAIMER OF WARRANTY

The content, postings, information, services, software and materials available on or through the Website is provided on an “as-is” and “as available” basis and may include errors, omissions or other inaccuracies. Moreover, RealtyForSale.ca may make modifications and/or changes to the Website or in the content, postings, information, services, programs, software and materials available on or through the Website at any time and for any reason.

RealtyForSale.ca makes no representations or warranties about the results that can be achieved from or the suitability, completeness, timeliness, reliability, legality or accuracy of the content, postings, information, services, programs and materials available on or through the Website for any purpose, and expressly disclaims all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose or non-infringement. The information has not been provided for any particular purpose that you have made known to us and we have no liability whatsoever in respect of any use which you make of such information.

RealtyForSale.ca is not responsible for any postings or third party products or services that are available through or from the Website or for any actions or inactions of our partners. You assume the sole risk of making use of and/or relying on the content, postings, information, services, programs and materials available on or through the Website. While we make all reasonable attempts to exclude viruses, spyware, malware and other similar items from the Website, we cannot guarantee such exclusion and no liability is accepted for any damage caused by these items. Thus, you are advised to take all appropriate safeguards before accessing the Website or downloading information or images from the Website. All warranties, express or implied, statutory or otherwise are hereby excluded. RealtyForSale.ca does not warrant that access to the Website will be continuous or secure and assumes no responsibility for the incorrect or inaccurate capture of information or human or technical error, or for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, online or traffic congestion on the internet or at any of the Website, or any combination thereof including any injury or damage to your or any other person’s computer related to or resulting from participating or downloading any material in relation to the Website.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event will RealtyForSale.ca be liable for any damages, including without limitation, loss of profits, compensatory, consequential, direct, exemplary, indirect, punitive, incidental, special or consequential damages, or any liability which you may suffer or which you may have to a third party, arising from or relating to these Terms, access or use of the Website, with the delay or inability to use the Website, registration, for any content, postings, information, services, programs, products and materials available on or through the Website, or for any actions or inactions of our partners, whether based in contract, tort, strict liability or otherwise, even if such damages were foreseeable or if the Website has been advised of the possibility of such damages. You hereby release RealtyForSale.ca, its affiliates, partners, and their respective directors, officers, employees, agents and representatives from and against any and all claims of every kind and nature, known and unknown, that you may have against the Website and any of the foregoing parties, arising out of or in connection with the Website's o the terms and conditions.

INDEMNITY

You agree to defend, indemnify and hold harmless RealtyForSale.ca, its affiliates and all of their respective employees, agents, directors, officers, members, shareholders, attorneys, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including lawyer fees and litigation expenses) arising from or relating to: (a) your access or use of the Website or any content; (b) any breach by you of these Terms and Conditions; (c) your violation of any third party right, including copyright, privacy or property right; or (d) any claim of a third party arising from your actions or inactions.

FORCE MAJEURE

You expressly absolve and release the Website from any claim of harm resulting from a cause beyond the Website’s control, including failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, natural disasters, strikes or other labor problems, wars, acts of terrorism or governmental restrictions

ENFORCING SECURITY

You may not access or use, or attempt to access or use, the Website in any manner not expressly authorized under these Terms. The Website reserves the right to view, monitor and record activity on the Website without notice or permission from you, including by archiving notices or communications sent by you through the Website. Any information obtained by viewing, monitoring or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website, as well as to disclosures required by or under applicable law or related government agency actions. The Website may also comply with all court orders involving requests for such information. In addition, RealtyForSale.ca reserves the right, at any time and without notice, to modify, suspend, terminate or interrupt operation of or access to any of the Website, or any portion of the Website, in order to protect the Website, the company or the company’s business.

SEVERABILTY

In the event that any term/s of these Terms is/are held by a Court of competent jurisdiction to be invalid or unenforceable then the remainder of the Terms shall remain valid and enforceable. If any provision of these Terms is found by a Court of competent jurisdiction to be invalid, then you nevertheless agree that the Court shall endeavor to give effect to RealtyForSale.ca’s intentions as reflected in the Terms.

JURISDICTION AND GOVERNING LAW

The Terms and the use of this Website are governed by and shall be construed in accordance with the laws of the Province of Ontario the federal laws of Canada applicable in Ontario (other than any conflict of laws rules that would result in the choice of laws of another jurisdiction). You agree that any dispute/s arising out of the Terms or the use of this Website be subject to the exclusive jurisdiction of the Courts of Ontario.

PRIVACY POLICY

We are committed to protecting your privacy online. Please read our Privacy Policy which will govern the way in which we process any personal information or non-personal information that you provide to us.

ENTIRE AGREEMENT

These Terms and Conditions, as revised and updated from time to time, along with the Website’s Privacy Policy and any consents you gave or agreements you made while registering as a member of the Website, represent the entire agreement between you and RealtyForSale.ca with respect to your access and use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RealtyForSale.ca with respect to this subject matter.

CONTACT US

To contact RealtyForSale.ca in connection with this Agreement or the Website, please send an email to customerservice@realtyforsale.ca

© 2014 RealtyForSale.ca. ALL RIGHTS RESERVED.