TERMS OF SERVICE
Effective July 11, 2019
Welcome! This website is operated by the combined efforts of RE/MAX of Western Canada (and its affiliates), providing information on properties in the provinces and territories of British Columbia, Alberta, Saskatchewan, Manitoba, Yukon, Northwest and Nunavut (“RWC”) and RE/MAX Integra (and its affiliates), providing information on properties in the provinces of Ontario, Newfoundland, New Brunswick, Nova Scotia and Prince Edward Island (“Integra”) (collectively “RG,” “us,” “our,” or “we”). These Terms of Service (“Terms”) set forth the terms and conditions under which you are authorized to use our websites (which includes any website on which these Terms are posted, including www.remax.ca, other sites accessible via subdomains, and any mobile versions of these sites (the “Site(s)”) as well as our mobile application (the “Application”). The Sites and Application are collectively referred to as the “Services.”
These Terms do not apply to your use of the websites of any RE/MAX offices (which are independent franchisees of RWC or Integra), or any independent real estate agents (who are independent contractors of those offices).
DESCRIPTION OF SERVICES
Our Services allow you to save searches for real estate, save properties, sign up for alerts, access real estate resources, as well as perform other functions we may add from time to time. Our Services may also include information about our partners, subsidiaries, related companies and sponsors, and other content we think would be of interest to you (collectively the “Content”). To the extent new services, Content or features are added to our Services in the future, your use of them is subject to these Terms.
THIRD-PARTY SERVICES AND CONTENT
Our Services are intended primarily for informational purposes. We may offer links to agent websites, contests and sweepstakes, helpful resources, or other information or content that may be hosted by third parties (“Third Party Services”). These Terms do not govern your use of any Third Party Services. Third Party Services may also include APIs that may provide services or information, such as the ability to share or post a listing on social media, or to access information relating to real estate listings and markets.
Please note that the following websites, which are owned and operated independently of RG, are all considered to be Third Party Services:
• independently owned and operated RWC or Integra franchise offices;
• independent contractor real estate sales associates affiliated with RE/MAX franchise offices; and
• service providers who have a relationship with RWC or Integra, some of whom are permitted to display a logo of RWC or Integra pursuant to a co-branding agreement.
Third Party Services are not under the control of RG, and RG is not responsible for such Third Party Services, including without limitation the accuracy, sufficiency, correctness, reliability, veracity, completeness, or timeliness thereof, any link contained therein, or any changes or updates thereto. The inclusion or access to Third Party Services does not imply an endorsement thereof by RG, or of the provider of such content or services, or of any third party web site. RG reserves the right to terminate any link or linking program at any time.
PRICE ESTIMATES INFORMATION AND TERANET INC.
Our Services may include provision of high and low estimated values for certain residential properties and/or certain additional information or utilities derived from or otherwise leveraging such estimated values (“Price Estimates”). Price Estimates are provided by a third party (Teranet Inc.) and subject to terms and conditions, as set out in this Section, that apply in addition to the other terms and conditions of this Agreement. In the event of an inconsistency between a term or condition contained in this section and one contained elsewhere in these Terms, the term or condition contained in this Section shall govern.
Price Estimates may only be used by and through products and services provided on the Site.
Price Estimates may only be used for your personal and non-business use in evaluating properties, and without derogating from the foregoing, may not be used for any business use, sale, external distribution, license or sublicense, whether or not for a fee.
Teranet and its suppliers retain all ownership rights in the Price Estimates.
OTHER THAN TERANET’S EXPRESS WARRANTIES SET OUT HEREUNDER, YOU ACKNOWLEDGE THAT TERANET, ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE TERANET INTELLECTUAL PROPERTY (AS DEFINED BELOW) AND THAT THE TERANET INTELLECTUAL PROPERTY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS INCLUDING WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY, CORRECTNESS, COMPLETENESS, EFFECTIVENESS, CURRENCY, RELIABILITY, SECURITY, OPERATION FREE OF INTERRUPTION, TECHNOLOGICALLY HARMFUL INTRUSIONS, DENIAL OF SERVICE ATTACKS, VIRUS, OR OTHER ERRORS OR EVENTS CAUSED BY OR INTRODUCED THROUGH THE INTERNET, OR THOSE ARISING BY LAW OR BY USAGE OF TRADE OR COURSE OF DEALING. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE TERANET INTELLECTUAL PROPERTY AND ANY DERIVATIVE PRODUCTS IS ASSUMED BY YOU. YOU FURTHER ACKNOWLEDGE THAT TERANET, ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF REVENUE, PROFIT OR SAVINGS, LOST OR DAMAGED DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF TERANET, ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR CLAIMS OF ANY NATURE BY A THIRD PARTY AGAINST TERANET, ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES.
THE MAXIMUM AGGREGATE LIABILITY OF TERANET, ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES TO YOU OR ANY OTHER PERSON FOR ANY CAUSE WHATSOEVER RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO WHICH THE CLAIM RELATES, IF ANY, IN THE 12 MONTHS PRECEDING THE DATE OF ANY CLAIM, OR, IF NO FEE HAS BEEN PAID, $1.00.
YOU ACKNOWLEDGE THAT TERANET ACCESSES RECORDS FILED WITH CERTAIN SUPPLIERS AND THE TERMS OF THE PRIOR TWO PARAGRAPHS ARE INCLUDED FOR THE BENEFIT OF, AND CAN BE RELIED ON BY, SUCH SUPPLIERS. THIS SECTION SHALL APPLY WHETHER OR NOT LIABILITY RESULTS FROM A BREACH OF A TERM OR CONDITION OR A FUNDAMENTAL BREACH OF THIS AGREEMENT.
Teranet has the right to sublicense Ontario land registry data and Manitoba land titles data, which may form part of the Price Estimates. Prior to sublicensing Price Estimates, Teranet is obligated to seek the approval of the Province of Ontario or the Province of Manitoba, as applicable, which approval may be refused and, in some circumstances, revoked (“VAP Approval”). Teranet confirms it will seek and obtain VAP Approval from the Province of Ontario or the Province of Manitoba, as applicable, prior to providing any Price Estimates using Province of Ontario or Province of Manitoba data and to which such approval is relevant to you. To the best of Teranet’s knowledge, for all provinces other than Ontario and Manitoba, Licensor has the necessary rights to grant to you Licensee the rights to use the data contained in the Price Estimates as set out under this Agreement.
You agree to indemnify, defend and save Teranet’s suppliers harmless against any claims that arise due to your use of the Price Estimates, or from any breach of your obligations hereunder, and you shall pay the resulting costs, damages, reasonable legal fees, penalties and expenses of any kind whatsoever finally awarded.
You acknowledge that some or all of the Price Estimates may be based on information obtained from the public and collected by the Province of Ontario, the Province of Manitoba and the British Columbia Assessment Authority. You agree to comply with all applicable laws, including without limitation any privacy and access to information laws, relating to the use of the Price Estimates. At all times, you shall abide by any and all directions by Teranet and/or RG to you with respect to the collection, use, dissemination and sale of information about and obtained from the public.
The confidentiality of any material or information provided to you by Teranet under this Agreement, including confidential information concerning Teranet, may be subject to the provisions of applicable protection of privacy and access to information legislation. For the purposes of such applicable law, you agree that disclosure of the Price Estimates or any confidential information concerning Teranet or the Price Estimates could reasonably be expected to significantly prejudice the competitive position of Teranet in the marketplace or interfere significantly with other contractual negotiations of Teranet. In the event that a request for all or part of any material or information provided to you, or Price Estimates is made to you pursuant to applicable law, you shall provide notice of such a request to Teranet and RG within 3 business days of the request being made, and shall co-operate with Teranet and RG in handling such a request.
You shall maintain complete and accurate records relating to this Agreement and in particular relating to the use of the Price Estimates and the Teranet Intellectual Property, including without limitation your compliance with the privacy, access to information and confidentiality provisions above. Such records shall be open for inspection or audit by Teranet or its suppliers or their agents and representatives, at the expense of Teranet, during normal business hours upon reasonable prior written notice and you shall maintain all such records for a period of at least 5 years after the termination or expiration of this Agreement. Teranet shall have the right to make copies of such records at its own expense. In addition to foregoing audit, annually and as otherwise requested by Teranet, you agree to deliver to Teranet a certificate signed by you or your authorized signatory confirming your compliance with the terms of this Agreement, along with such data, records, documents and such other reasonable information requested by Teranet to assess your compliance with this Agreement (the “Certification Package”). Teranet shall have the right to share a copy of this Agreement, Certification Packages, records and audit findings with applicable suppliers, as reasonably required. Teranet shall bear the cost of the audit unless the audit determines that accurate records have not been maintained by you or you are not in compliance with the terms of this Agreement, in which case, you shall bear the cost of the audit. In the event the audit or Certification Package reveals your non-compliance with the terms of this Agreement, you shall take such steps as are reasonably required to remedy such non-compliance. Teranet shall have the right to require you to take such actions as Teranet requires, both remedial and perspective, to ensure your compliance with your obligations pursuant to the privacy, access to information and confidentiality provisions above.
Teranet Intellectual Property means the Price Estimates and all products and databases of Teranet, its affiliates or suppliers that support the Price Estimates, products, documentation and marks and the intellectual property rights in and to all of the foregoing, and all updates and modifications to any of the foregoing.
This website/database is a copyright-protected work which is reproduced in this website/database under license. The contents of this website/database are intended for private, non-commercial use by individuals. Any commercial use of the website/database, including the Listing Content, in whole or in part, directly or indirectly, is specifically forbidden except with the prior written authority of the owner of the copyright.
ADDITIONAL POLICIES AND AGREEMENTS
These Terms may be supplemented or amended by the terms of a “click-through” agreement between you and RG. For example, special terms may apply for participation in certain promotions, contests or sweepstakes on our Services. If special terms apply, you will be asked to expressly consent to them, for example, by checking a box or clicking a button marked “I agree.” The terms of any such “click-through agreement” will supplement and amend these Terms, but only with respect to the subject matter of the “click-through agreement.”
Some additional terms may be provided by third parties, with regard to information or services they offer on or through our Services, so please take further precautions when agreeing to those terms. Please review any policies or terms that may apply to you if and when you sign up for information that may be provided by a third party, enter a contest or sweepstakes sponsored by a third party, or visit other websites operated by third parties.
MODIFICATIONS AND INTERRUPTION TO THE SERVICES
We reserve the right to modify, discontinue, terminate, or temporarily prevent access to all or any portion of our Services and/or Content at any time, with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Services, or that operation of our Services will be uninterrupted or error free. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Without derogating from the foregoing, we reserve the right to terminate any component or the Service or Data, or the permission granted to you to access same if (a) you are in breach of any of these terms or conditions or any applicable laws; (b) any applicable law restricts or precludes the collection, use and/or licensing of the Services or Content; (c) any of RG’s licensors or their suppliers, including, without limitation, Teranet and its suppliers, terminates its right to sublicense access to or use of the relevant Services or Content; provided that RG may elect, in lieu of termination, to cease delivery of the impacted data element only; or (d) RG or any of its licensors or their suppliers, including, without limitation, Teranet and its suppliers, is required to disclose or release any intellectual property, including without limitation, Teranet’s intellectual property, relating to the Services or Content, in whole or in part, under an order or decision of a court, tribunal or other authority of competent jurisdiction (including without limitation, an order under the Municipal Freedom of Information and Protection of Privacy Act (Ontario) or other legislation), which order or decision is not stayed or under judicial review; provided that RG may elect, in lieu of termination, to cease delivery of the impacted data element only .
In the event that this Agreement is terminated you agree that you shall (a) cease using the all of the Services and Content, including, without limitation, the Purchase Estimates; (b) destroy any copies of the Services and/or Content, including, without limitation, the Purchase Estimates; and (c) at the request of RG or its licensors, certify that all Services and/or Content, including, without limitation, the Purchase Estimates, have been purged from all of your computer systems, and all hardcopy materials produced from the Services and/or Content, including, without limitation, the Purchase Estimates, have been destroyed.
As a condition of your right to use our Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Services and accessing the Content under the laws of Canada or your country. If you are under the age of 18, you may use our Services only with parental supervision.
LICENSE TO CONTENT
The Content on our Services may include data, features, information, text, graphics images, music, sounds, photographs, illustrations, logos, messages, audio, information, video and other information or content that is available through the Services, including any such Content licensed from a third party. Such Content is for informational purposes only. Except with the prior express consent of RG, you may only use the Content on our Services for your personal, non-commercial purposes.
Subject to your compliance with this Agreement, RG grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to access and view all Content solely for your own personal purposes in connection with your own use of the Services. You will have no right to sublicense this license. You shall not, and shall not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content; or (c) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Content. Except as stated in this section or as provided by any Additional Terms, you are granted no other licenses or rights in or to any Content. You are prohibited from selling or otherwise receiving any compensation from any Content, posting Content to a third party website or otherwise distributing or making available the Content to the general public, without the prior written permission of RG.
COPYRIGHT AND TRADEMARK INFORMATION
You acknowledge that: (a) copyright, trade secret rights and other intellectual property and proprietary rights reside in the Services and Content; (b) RG, and its licensors, hold copyright and other intellectual and proprietary rights in the Services and Content and all right, title and interest in and to the Services and Content and all modifications thereto (and derivative works thereof) will at all times be vested in and remain the property of RG and/or its licensors; (c) no change made to Services and Content by you, however extensive, shall affect or negate the title of RG and its Licensors in the Services and Content or any component of the Services or Content incorporated into any derivative products (and none of the foregoing is intended to derogate from restrictions contained herein prohibiting the development of derivative products by you); (d) RG hereby reserves all copyright, trade secret, intellectual property and proprietary rights not expressly granted hereunder.
All intellectual property rights related to the Services, Content, and the technology, algorithms, and software underlying the Services or distributed in connection therewith, are the exclusive property of RE/MAX, LLC and its licensors. You acknowledge that you are not receiving (or having transferred) any ownership interest in or to any of the foregoing, and no right or license is granted to you to use them apart from the rights of access to the Services granted under these. You are prohibited from copying, distributing, republishing, displaying, posting, transmitting, decoding, or reverse engineering any Content or code from the Services unless you obtain express written permission from RE/MAX, LLC.
You agree that any dealings with the Services or Content in a manner inconsistent with or in
derogation of RG’s or its licensor’s ownership or proprietary rights therein, by you would cause RG and/or its licensor irreparable harm for which monetary damages may not be a sufficient or appropriate remedy. You acknowledge and agree that in the event of a breach of these terms or conditions by you, RG and its licensors shall be entitled to an injunction enjoining any further breach or threatened breach, in addition to any other relief to which RG and/or its licensor may be entitled at law or in equity.
All trademarks, service marks, logos, trade names and any other proprietary designations of RE/MAX, LLC used on the Site are trademarks or registered trademarks of RE/MAX, LLC. All goodwill generated from the use of RE/MAX, LLC trademarks will inure to the exclusive benefit of RE/MAX, LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the parties who own them. RE/MAX, LLC reserves all rights not expressly granted herein.
The trademarks MLS®, Multiple Listing Service® and the associated logos are owned by The Canadian Real Estate Association (CREA) and identify the quality of services provided by real estate professionals who are members of CREA. The trademarks REALTOR®, REALTORS® and the REALTOR® logo are controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. The Listing Content is owned and licensed by The Canadian Real Estate Association and its member Real Estate Boards and Associations.
You agree not to use the Services or Content to:
a) violate or encourage the violation of any local, provincial, national, or international law;
b) collect or store personal data about other users of our Services;
c) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
d) send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by RG in its sole discretion, or otherwise for marketing or commercial mass mailing purposes;
e) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
f) disrupt or interfere with the security or use of the Services or any websites linked to it;
g) interfere with or damage a Site, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology, or disobey any requirements, procedures, policies, or regulations of networks connected to a Site;
h) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) RG, or create or use a false identity;
i) attempt to obtain unauthorized access to the Services or portions thereof that are restricted from general access;
j) use any meta tags or any other “hidden text” utilizing the RE/MAX name, trademarks, or product names;
k) attempt to reverse engineer or otherwise derive or obtain the code in any form for the Services or any software used in the Services, or otherwise access or use any of the Services or Content to create, operate or maintain any derivative products or competing services;
l) market, publish, disseminate, distribute, sell, license, sublicense, rent or provide access, in whole or in part, the Services or Content to any person, whether or not for a fee, whether in hard copy, on any digital communications network, including without limitation, the internet, or in any other format, or to otherwise use same in a service bureau or timeshare service;
m) engage in any activity that interferes with any third party’s ability to use or enjoy the Services; or
n) assist any third party in engaging in any activity prohibited by these Terms.
Further, without our written consent, you may not:
a) reproduce, duplicate, copy, sell, resell, engage in data mining, or exploit for any commercial purpose any RG Content or any use of or access to the Services;
b) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
c) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Services or monitor or copy our web pages or the content contained thereon;
d) deep link to the Services for any purpose; or frame the Services, place pop-up windows over its pages, or otherwise affect the display of a Site’s pages.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, RG, RWC, INTEGRA, AND EACH OF THEIR RELATED ENTITIES, PARENTS, SERVICE PROVIDERS, LICENSORS, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “RG PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, CORRECTNESS, COMPLETENESS, EFFECTIVENESS, CURRENCY, RELIABILITY, SECURITY, OPERATION FREE OF INTERRUPTION, TECHNOLOGY HARMFUL INTRUSIONS, DENIAL OF SERVICE ATTACKS, VIRUS, OR OTHER ERRORS OR EVENTS CAUSED BY OR INTRODUCED THROUGH THE INTERNET, OR THOSE ARISING BY LAW OR BY USAGE OF TRADE OR COURSE OF DEALING, RELATED TO THE SERVICES AND/OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE, PERFORMANCE AND RESULTS OF OUR SERVICES AND CONTENT IS ENTIRELY AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS, EDUCATIONAL MATERIALS, AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE RG PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SERVICES.
UNDER NO CIRCUMSTANCES WILL ANY OF THE RG PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF REVENUE, PROFIT OR SAVINGS, LOST OR DAMAGED DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY CLAIM OF ANY NATURE BY A THIRD PARTY AGAINST RG, ITS LICENSORS OR THEIR RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES AND REPRESENTATIVES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH), NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY RG PARTY (OR ANY RELATED PARTY, OTHER LICENSOR OR SUPPLIER) HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RG PARTIES (EXPRESSLY INCLUDING THEIR LICENSORS AND THEIR RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES AND REPRESENTATIVES) UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE CANADIAN DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS.
YOU ACKNOWLEDGE THAT THE WARRANTY EXCLUSIONS, LIABILITY EXCLUSIONS AND LIMITATIONS, INTELLECTUAL PROPERTY PROTECTIONS, INDEMNIFICATION AND OTHER PROVISIONS INCLUDED HERE FOR THE BENEFIT OF RG’S LICENSORS ARE INCLUDED FOR THE BENEFIT OF, AND CAN BE RELIED UPON BY, SUCH LICENSORS.
THIS SECTION SHALL APPLY WHETHER OR NOT LIABILITY RESULTS FROM A BREACH OF A TERM OR CONDITION OR A FUNDAMENTAL BREACH OF THIS AGREEMENT.
You agree to indemnify and hold the RG Parties (expressly including its licensors, their affiliates, and their respective officers, directors, agents and servants) harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of the Services or Content, including but not limited to in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you or another user of our Services using your computer, mobile device or account, and you will pay the resulting costs, damages, reasonable legal fees, penalties and expenses of any kind whatsoever finally awarded.
All communications, feedback, questions, comments, suggestions, proposed features, and the like provided by visitors to our Services (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of RG. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing, including to our licensors and suppliers. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing new Content, intellectual property, and other products and services using such Feedback, without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
Any content uploaded, posted, submitted, or otherwise made available by individual users of the Services and which does not originate with RG (“User Content”), is the sole responsibility of the person who made such User Content available on the Services. Under no circumstances will RG be liable in any way for any User Content made available through the Services by you or any third party.
Since RG does not control the User Content posted on the Services, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. RG has no responsibility for any User Content, including without limitation any errors or omissions therein. The RG Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Services.
User Content is owned by the author thereof, and RG does not claim ownership of original works created and posted by individual visitors to our Services. However, by uploading, posting, transmitting or otherwise making any User Content available on or through our Services, you are granting RG, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
RG reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Services. You agree that the exercise by RG of such discretion shall not convert or transform User Content to content owned or provided by RG, and the user who made such User Content available on the Services will retain ownership thereof.
If you believe that any Content on our Services violates these Terms, violates your intellectual property rights, or is otherwise inappropriate, please report the Content via our Contact Us web form or at the address listed in the ‘Contact Us’ section below, or send an email to firstname.lastname@example.org. Please include the following information if you believe the content infringes a third party’s intellectual property rights:
(1) your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
(2) a statement, made under penalty of perjury, that you are the owner of the copyright or other intellectual property, or are authorized to act on behalf of the owner;
(3) a detailed description of the intellectual property that you claim has been infringed;
(4) if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
(5) a description of the infringing material and the URL where such material is located on the Services, or a description of where on our Services you found such material;
(6) your written statement that you believe, in good faith, that the use of the work on our Services has not been authorized by the true owner of the work, its agent, or as a matter of law; and
(7) a statement that all of the information you have provided is true.
MOBILE DEVICES & THIRD PARTY RESTRICTIONS
If you use our Application, or access any of our Content on your mobile device, you understand that your mobile carrier’s standard charges will apply.
The Application must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store or other applicable “store.” If you install our Mobile App from the Apple App Store, RG, not Apple, is responsible for:
(1) The content in the Mobile App;
(2) Maintenance or support of the Mobile App;
(3) Any product warranties, whether express or implied;
(4) Addressing any claims of the end-user or any third party relating to the Application or the end-user’s possession and/or use of that Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and,
(5) The investigation, defense, settlement and discharge of any third party claim that the Application or your possession and use of that Application infringes a third party’s intellectual property rights.
Further, if you install our Application from the Apple App Store, you acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and you will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
With regard to any matters regarding RWC or the provinces of and territories of British Columbia, Alberta, Saskatchewan, Manitoba, Yukon, Northwest and Nunavut:, (a) the laws of the province of British Columbia and Canada govern these Terms and any claims arising out of or relating to use of the Services, without giving effect to any choice of law rules, and (b) the federal and provincial courts located in Kelowna, British Columbia, Canada will serve as the venue for any actions brought, or claims made, arising out of your use of our Services.
With regard to any matters regarding Integra or the provinces of Ontario, Newfoundland, New Brunswick, Nova Scotia and Prince Edward Island: (a) the laws of the province of Ontario and Canada govern these Terms and any claims arising out of or relating to use of the Services, without giving effect to any choice of law rules, and (b) the federal and provincial courts located in Toronto, Ontario, Canada will serve as the venue for any actions brought, or claims made, arising out of your use of our Services. We make no representation that our Services are appropriate, legal or available for use outside of Canada and the USA.
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Services in any way that violates applicable provincial, federal, or international laws, regulations or other government requirements.
CHANGES TO THESE TERMS
We reserve the right, at any time, to modify, alter, or update these Terms at any time without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Services, without further notice to you. Your continued use of any of our Services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.
Assignment – These Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms are not assignable or transferable by you without the prior written consent of RG. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise.
Integration – These Terms (including all of the policies described in these Terms, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
Waiver – No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
Severability – If any provision of these Terms is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of RG.
Limitation – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or relating to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Attorney’s Fees – To the extent permitted under applicable law, the prevailing party in any proceeding arising from or related to this Agreement will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal.
Force Majeure – RG will not be liable for any failure or deficiency in the performance or availability of the Services by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to RG, fire, terrorism, natural disaster or war.
If you have any questions about these Terms, please feel free to contact us as follows:
For matters relating to the provinces of or territories of British Columbia, Alberta, Saskatchewan, Manitoba, Yukon, Northwest and Nanavut:
RE/MAX of Western Canada
#340-1060 Manhattan Drive
Kelowna, BC V1Y 9X9
For matters relating to the provinces of Ontario, Newfoundland, New Brunswick, Nova Scotia and Prince Edward Island:
7101 Syntex Dr, Mississauga, ON L5N 6H4
For matters relating to Price Estimates (in addition to a copy sent to the relevant party identified above):
Director, Customer Relations
123 Front Street West, Suite 700
Toronto, Ontario M5J 2M2