TERMS OF SERVICE
Effective April 13, 2016
Welcome! This website is operated by the combined efforts of RE/MAX of Western Canada, providing information on properties in the provinces and territories of British Columbia, Alberta, Saskatchewan, Manitoba, Yukon, Northwest and Nanavut (“RWC”) and RE/MAX Integra, 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.
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 the 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, or temporarily prevent access to all or any portion of our Services 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.
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
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 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.
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 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;
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 any software used in the Services;
l) engage in any activity that interferes with any third party’s ability to use or enjoy the Services; or
m) 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 OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS 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 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.
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, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY RG PARTY 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 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 HUNDRED 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.
You agree to indemnify and hold the RG Parties 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 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.
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. 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 Nanavut:, (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 NSR, 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