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ROYAL LEPAGE TERMS OF USE

ROYAL LEPAGE® TERMS OF USE

Last Updated July 13, 2022

Royal LePage®, and its affiliates and subsidiaries, including Bridgemarq Real Estate Services (collectively, “Royal LePage”, “we,” “us,” or “our”) invites you (“you”, “your”, and “user”) to access and use our website (www.royallepage.ca), our web app based services, and our mobile application services (collectively, the “Site”), along with our phone-based and text-based services, and also various websites, applications, web applications, text messages, email notifications and other mediums, or portions of such mediums, provided by Royal LePage, along with the services we provide through such websites (collectively, the “Service”) subject to the following terms and conditions (the “Terms of Use” or “Terms”), which may be updated by us from time to time.  Unless stated otherwise, any new features or enhancements to the current Service shall be subject to these Terms in addition to any terms and conditions applicable to particular services. You are responsible for regularly reviewing these Terms and any applicable changes. Continued use of the Service after any changes take effect will constitute your acceptance of such changes. You can review the current version of these Terms of Use at https://www.royallepage.ca/en/realestate/legal-notice/.

By browsing, accessing, or using the Service, including when you register for a new Royal LePage account, you are both agreeing to be bound by these Terms and representing that you are of legal age to form a binding contract. If you are using the Service on behalf of an organization, then you are agreeing to these Terms for that organization and promising to Royal LePage that you have the authority to bind that organization to these Terms (in which case, the terms “you” and “your” or “user” will refer to that organization). The exception to this is if that organization has a separate written agreement with Royal LePage covering the use of the Service, in which case, if there are any provisions in these Terms that conflicts with that agreement, that agreement will govern such use. If you do not wish to be bound by these Terms, please refrain from using the Service, accessing our websites, or registering for a Royal LePage account. By submitting your contact information to Royal LePage, you agree that Royal LePage may contact you.

Whether using the Service as an individual or on behalf of an organization, you acknowledge that our agreements contained in these Terms are supported by reasonable and valuable consideration, including, without limitation, your ability to visit, use, submit information to, or receive information from the Service, the receipt and adequacy of which is hereby acknowledged by you individually and on behalf of any organization you represent. You also represent that you have the capacity to be bound by our agreements contained in these Terms, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.

BY BROWSING, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ANY OF THE TERMS, THEN PLEASE DO NOT USE OR ACCESS THE SERVICE OR ANY PORTION THEREOF.  THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

1. ROYAL LEPAGE FRANCHISEES, BROKERAGES, AND REAL ESTATE AGENTS

These Terms do not apply to your use of the websites of our independent Royal LePage franchisees, brokerages, and independent real estate sales agents (collectively, the “Royal LePage Members“). You acknowledge and agree that the Royal LePage Members operate independently of Royal LePage. Please see our Privacy Policy for further details regarding the ways in which we disclose your personal information to Royal LePage Parties.

Communications with Royal LePage Members

If you create an account on our Service, you may be referred to one or more Royal LePage Members in your local area and/or your area(s) of interest. If you request to be contacted by a Royal LePage Member (including an independent real estate sales agent or brokerage office) or otherwise request information or services that require the involvement of a Royal LePage Member, we will disclose the personal information you provide to the appropriate Royal LePage Member to satisfy your request. Our personal information disclosure practices are further described in our Privacy Policy.

2. ACCESS TO AND USE OF THE SERVICE

The Service is available for individuals aged 18 years or older located in Canada. If you are 18 or older, but under the age of majority in your jurisdiction, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understands it. We reserve the right, in our sole and absolute discretion, to deny you access to the Service or any portion thereof, without notice and without reason.

3. DESCRIPTION OF USERS

Visitors

Visitors to the Site are people who do not register for an account, but want to explore the Site for informational purposes (“Visitors”). No login is required for Visitors to the Site. Visitors can view all content and access all publicly available features and functionality on the Site, and contact us using the contact link on the Site.

Registered Users

If you want to access certain features of our Service, including access to non-publicly available features, saving your information, search history, and results in our database, you will need to become a “Registered User” by registering for an account with Royal LePage. Royal LePage may accept or reject any registration in our sole and exclusive discretion.

4. PRIVACY POLICY

Royal LePage understands that privacy is important to you. Any information that we collect about you is used or shared according to Royal LePage’s Privacy Policy, which is incorporated by reference into these Terms. You can review the current version of the Privacy Policy at https://www.royallepage.ca/en/realestate/privacy-policy/ .

5. GDPR AND PROHIBITION OF USE BY EUROPEAN RESIDENTS

Royal LePage is based in Canada and the Service is currently designed to facilitate real estate transactions within Canada. The Service is only to be used by citizens and residents of Canada. It does not knowingly or intentionally collect personal data from residents of the European Union, Switzerland, or any other individual protected by the European General Data Protection Regulations (the “GDPR,” and such residents, collectively, “European Residents”). Notwithstanding any other provision of these Terms or Royal LePage’s Privacy Policy, and given that Royal LePage may not comply with GDPR requirements, European residents are prohibited from using Royal LePage’s website(s) and its products and services to the extent that the GDPR would apply to the collection of such European Residents’ personal data by Royal LePage. Royal LePage may block European IP addresses and take other measures designed to ensure that it does not collect personal data from European Residents. To the extent a European Resident attempts to evade such measures (for example, through the use of a Virtual Private Network (VPN)) or otherwise violates Royal LePage’s Privacy Policy or these Terms, such European Resident agrees to fully indemnify Royal LePage for any liability which it suffers due to such European Resident’s actions (including, without limitation, with respect to any fines assessed by European authorities against Royal LePage or its affiliates pursuant to the GDPR). If a European Resident believes or would like to otherwise verify whether any of their personal data has been transmitted to Royal LePage, then such European Resident may contact Royal LePage using the information contained in our Privacy Policy. Royal LePage will immediately delete any such personal data of European Residents.

6. USE OF THE SERVICES; ACCOUNT

In order to use the Service or portions of the Service, you may be asked to create an account with us.  When you become a Registered User, you will need to log in using your email address and create a password. When creating your account, we may also ask you to provide other information such as your current physical address, and you must provide true, accurate, current, and complete information about yourself. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are solely responsible for all activity under your account. Each user email and password can be used by only one individual. You are responsible for maintaining the confidentiality of your login credentials. You are fully responsible for all activities that are associated with your account (including but not limited to any use of any services, or communications from your account to Royal LePage). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security.

By creating an account, you provide consent for us to contact you via voice call, text message and/or email, including through the use of automated calling technology, even if you’ve registered that number on a Do-Not-Call registry.

You are only entitled to access and use the Service for lawful purposes and pursuant to these Terms and our Privacy Policy.

We will strive to make the Service available to you, but we make no guarantees regarding the availability of the Service, generally or at any particular time.

7. PROPERTY ESTIMATE TOOLS

You may use our property estimate tools (such as “What’s My Home Worth?” and “QuickQuote™”) available on our Site (“Property Estimate Tools”). Our Property Estimate Tools may require you to provide certain information to Royal LePage by filling out the consumer web form on our Site. Some of this information may be personal information, such as your name, email address, and phone number; other information may include the location of the home you are interested in selling or buying, the condition of the home, the features of the home, and your desired moving date. All information that you provide to us through the Site shall be used and processed by Royal LePage in accordance with our Privacy Policy.  Once you provide any required information, our Property Estimate Tools will provide you with an estimated property market value for a residential property (an “Estimate”). Estimates provided through the Property Estimate Tools do not constitute an appraisal and are not guarantees of any listing price or actual property value or sale price of a home. We are not liable to you or any third party, under any circumstances or for any reason, with respect to our Estimates or your use thereof or reliance thereon.

Property Estimate Tools are provided by RPS Real Property Solutions (“RPS”), a third party service provider and are subject to the following terms of use (the “RPS Terms of Use”), which terms of use apply in addition to the other terms and conditions in these Terms. In the event of an inconsistency between a term or condition in the RPS Terms of Use and the terms and conditions contained elsewhere in these Terms, the term or condition contained in the RPS Terms of Use shall govern.

Disclaimer:

The estimate of market value provided by RPS (as may used by or be incorporated into an Estimate) is computer generated by applying various mathematical formulas and techniques proprietary to RPS to available data. The available data includes but is not limited to public records, local market and property data that is proprietary and/or obtained through various third parties or statistical calculations (“Sources”), and the model results and other Licensed Information (defined below) provided in the RPS estimate of market value are provided on an “AS IS, AS AVAILABLE” basis with all faults and defects. The quality of the data, such as the accuracy, timeliness and completeness, could greatly affect the accuracy of the estimate of market value. The estimate of market value has not been prepared by a licensed appraiser and does not include information that could be derived from a visual inspection of the subject property and its surroundings, nor does it constitute an appraisal of the subject property and should not be relied upon as such. The condition of the property, including information or details that could be derived from a visual inspection, could greatly affect the accuracy of the estimate of value. The data and the information derived from the data in this report is intended for illustrative and general information purposes only and should not be relied upon for any purpose. All uses are at the user’s sole risk. RPS is not liable for the accuracy of the data or information provided in the estimate of market value (including as may be used by or be incorporated into an Estimate). The accuracy of the data and methodologies used are deemed reliable but are not warranted or guaranteed.

RPS Terms of Use:

By using the RPS estimate of market value (as may be used by or be incorporated into an Estimate) (the “RPS Market Estimate”), you agree to following terms of use:

• An “End User” is you, an individual or entity, which receives the RPS Market Estimate from Royal LePage to use in accordance with these RPS Terms of Use.
• End User is a customer or potential customer of Royal LePage, or a visitor to the Site or any website owned or operated by Royal LePage, who accesses the RPS Market Estimate or the Estimate for illustrative and general information purposes only.
• End User shall not use the RPS Market Estimate or information contained in the Estimate (“Licensed Information”) for reproduction, sale, distribution, publication, advertising or marketing, or any other use in relation to any product or service to be provided to any third party, or any other commercial exploitation.
• End User shall not acquire any proprietary rights, including intellectual property rights, in or to the RPS Market Estimate, or Licensed Information, which rights remain solely and exclusively in RPS and/or RPS’s suppliers and licensors and End User acknowledges that the RPS estimate of market value, and the Licensed Information are valuable commercial products, the development of which has involved the expenditure of substantial time and money. End User also grants Royal LePage and RPS an irrevocable, perpetual, royalty-free worldwide license to use, prepare derivative works from and incorporate into other works, the information End User submits to request an Estimate.
• End User acknowledges that the RPS Market Estimate provides estimates of the value of real property and other information related to value based upon the application of valuation models to available data and do not constitute appraisals or real estate agent price opinions of subject properties and may not be relied upon as such. The data, methodologies, model results and other Licensed Information provided in the RPS estimate of market value are provided on an “AS IS, AS AVAILABLE” basis with all faults and defects. No warranty, express or implied, including without limitation, those of merchantability and fitness for a particular purpose with respect to the information obtained from such Sources has been made, nor is Royal LePage, RPS, or RPS’s suppliers and licensors responsible for errors, omissions, miscalculations, or misrepresentations of value with respect to the RPS estimate of market value or the Estimate.
• Any use of the RPS Market Estimate or Estimate by End User shall be at End User’s own risk. In no event shall Royal LePage or RPS be liable to End User or any third party for any losses, costs or damages arising from or relating to the misuse of, or any errors, omissions, or miscalculations of value contained in, the RPS Market Estimate or Estimate.
• End User shall not “scrape”, download or otherwise decompile Licensed Information from the RPS Market Estimate, the Estimate, the Property Estimate Tools, or the Site.

Representations, Warranties, Disclaimers, and Limitation of Liability

OTHER THAN RPS’S EXPRESS WARRANTIES SET OUT HEREUNDER, YOU ACKNOWLEDGE AND AGREE THAT RPS, ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE RPS INTELLECTUAL PROPERTY (AS DEFINED BELOW) AND THAT THE RPS 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 RPS INTELLECTUAL PROPERTY AND ANY DERIVATIVE PRODUCTS IS ASSUMED BY YOU. YOU FURTHER ACKNOWLEDGE THAT RPS, 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 RPS, 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 RPS, ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES.

THE MAXIMUM AGGREGATE LIABILITY OF RPS, ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES TO YOU OR ANY OTHER PERSON FOR ANY CAUSE WHATSOEVER RELATED TO YOUR USE OF THE PROPERTY ESTIMATE TOOL SHALL BE LIMITED TO ONE DOLLAR ($1.00).

YOU ACKNOWLEDGE THAT RPS ACCESSES RECORDS FILED WITH CERTAIN SUPPLIERS AND THESE TERMS 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.

Indemnification of RPS

You agree to indemnify, defend and save RPS and RPS’s suppliers harmless against any claims that arise due to your use of the RPS Market Value or the Estimate, 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.

For the purposes of these Terms, “RPS Intellectual Property” means the RPS Market Estimate and all products and databases of RPS, its affiliates or suppliers that support the RPS Market Estimate, 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.

8. LICENSE GRANT

Subject to these Terms, Royal LePage grants you a limited, non-transferable, non-exclusive, license to access and use the Site solely for your personal, non-commercial purpose. Royal LePage may terminate this license at any time for any reason. By accessing and/or using the Site, you hereby agree to comply with the following guidelines:

• You will not use the Site for any unlawful purpose;
• You will not access or use the Site to collect any market research for competing businesses;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will use the Service only for your sole, personal, private, noncommercial use, and not to transfer, resell, lease, license, or otherwise make available the Service to third parties or offer them on a standalone basis;
• You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Site;
• You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Site;
• You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, directly or indirectly;
• You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means.

Royal LePage may modify, suspend, or discontinue the Site at any time and it will not be liable to you or any third party. We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Site, or any portion thereof, without notice.

9. INTELLECTUAL PROPERTY

The Site and all content on the Site, including, but not limited to text, images, illustrations, audio clips, and video clips, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site is protected by copyright, trademark, and other laws of Canada and foreign countries. Except as expressly and unambiguously provided in these Terms, Royal LePage and its licensors exclusively own all right, title, and interest in and to the Site, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site.

You may view all content on the Site (the “Content”) for your own personal, non-commercial use and not for any other use, including any commercial use, without the prior written consent of Royal LePage. The Content may be owned by us, our affiliates or third parties. The Content is protected under both Canadian and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

We, and our licensors, retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Site, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of these Terms, your permission to access the Site automatically terminates and you must immediately destroy any copies you have made of the Site.

Trademarks

The trademarks, service marks, and logos of Royal LePage used and displayed on the Site and the Service are registered and unregistered trademarks or service marks of Royal LePage, its affiliates or its licensors. You acknowledge and agree that any and all trademarks, company names, trade names, logos, product names, services names, services marks, certification marks, or other indicia of source that are used by Royal LePage, its affiliates or licensors on or in connection with the Site and the Service, and all goodwill associated therewith (collectively, the “Royal LePage Trademarks“) are and will remain the sole and exclusive property of Royal LePage, its affiliates, its licensors, and their respective successors and assigns. All rights in and to the Royal LePage Trademarks are expressly reserved by their owner(s). Nothing in these Terms gives you any right or license to use any Royal LePage Trademark without the express written consent of its owner. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Royal LePage Trademarks, the “Trademarks”).  The trademark Royal LePage® and the associated logos are owned by the Royal Bank of Canada and used under license.  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.

Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any Site are prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Royal LePage Trademarks inures to our benefit.

Elements of the Site are protected by trademark, unfair competition, and other provincial and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

Data

You acknowledge and agree that any and all data, performance metrics, analytics, reports, know-how, or other information related to the functionality or performance of the Site or the Service (collectively, “ Data“), regardless of how, when, or by whom they are created, are, will be, and will remain the sole and exclusive property of Royal LePage, its affiliates, its licensors, and their respective successors and assigns. You further acknowledge and agree that the Data is an original compilation protected by copyright law, Royal LePage has dedicated substantial resources to collect, manage and compile the Data, and the Data constitutes trade secrets of Royal LePage. All rights in and to the Data, and the intellectual property in and related to the Data, are expressly reserved by their owner(s).

Adaptations

You acknowledge and agree that to the extent that you change, edit, adapt, update, modify, improve, create derivative works based on, combine, use, reproduce or otherwise exploit any Content, Royal LePage Trademarks or Data, all works, materials, media and other results and proceeds authored, created, developed or otherwise produced as a result of or in connection with such activities (collectively, “Adaptations“) shall be the sole and exclusive property of Royal LePage, its affiliates, its licensors, and their respective successors and assigns. To the extent that all right, title and interest in and to any Adaptations do not by operation of law vest in Royal LePage, you hereby absolutely, irrevocably and unconditionally assign, transfer and convey, and agree to assign, transfer and convey your entire right, title and interest in and to the Adaptations to Royal LePage or its respective designees, as we direct. You hereby waive absolutely, irrevocably, and unconditionally, in favour of Royal LePage, its designees, affiliates and its respective licensees, any and all moral rights and other similar rights that you or your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the Adaptations, including any right to the integrity of the Adaptations, to be associated with it by name or pseudonym, and to control or restrain its use in association with any product, service, cause, or institution.

10. THIRD-PARTY CONTENT AND FEEDBACK

Any content, information, works, or materials uploaded, posted, submitted, or otherwise made available by third parties or users of the Service and which does not originate with Royal LePage or its service providers or licensors (“Third-Party Content“) is the sole responsibility of the person who made such Third-Party Content available on or through the Service. Under no circumstances will Royal LePage be liable in any way for any Third-Party Content made available through the Service by you or any third party or user of the Service.

License to Third-Party Content

By creating, submitting, uploading, publishing or otherwise making available any Third-Party Content on or through the Service, you, a user of the Service, hereby grant Royal LePage and its affiliates a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to host, store, use, run, reproduce, copy, distribute, display, present, publish, communicate to the public, communicate by telecommunication, publicly perform, transmit, broadcast, make available, and otherwise exploit in any way the Third-Party Content and Derivative Works (as defined below), including all copyrights and other intellectual property rights therein and thereto, in whole or in part, in any format or media now known or later devised, for or in connection with the Service, and the business, commercial, and promotional purposes of Royal LePage, its affiliates and its users, including providing the Service to the users of the Service in accordance with these Terms and authorizing the use of the Third-Party Content and Derivative Works by those users in any way permitted by Royal LePage and its affiliates from time to time (the “Third-Party Content License“). For clarity, and without limiting the foregoing, you agree that Third-Party Content License includes the rights to (a) modify, edit, and translate the Third-Party Content, combine and juxtapose the Third-Party Content with other content or materials, include the Third-Party Content in collective works, and create and exploit derivative works based on or including the Third-Party Content in whole or in part (collectively, “Derivative Works“); and (b) use the Third-Party Content and Derivative Works in association with any product, service, cause, or institution.

We do not guarantee the quality, accuracy, appropriateness, or fitness for any purpose of any Third-Party Content. We have no obligation to screen, preview, censor, or alter any Third-Party Content. We reserve the right to review and delete any Third-Party Content at any time, in our sole discretion, for any reason, including that, in our sole judgment, such Third-Party Content violates these Terms.  You agree that under no circumstances will Royal LePage be liable to you in any way for Third-Party Content that contains any errors, omissions, defamatory statements, or confidential or private information, for any loss or damage of any kind incurred as a result of the use of any Third-Party Content created, submitted, accessed, transmitted, or otherwise made available on, through or in association with the Service, or for the removal of any Third-Party Content from the Service for any reason.

Waiver of Moral Rights

You hereby waive absolutely, irrevocably, and unconditionally, in favour of Royal LePage, its affiliates and their respective licensees, any and all moral rights and other similar rights that you or your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the Third Party Content, including any right to the integrity of the Third Party Content, to be associated with it by name or pseudonym, and to control or restrain its use in association with any product, service, cause, or institution.

Feedback

If you provide us with any feedback, comments, and suggestions with respect to the Site (“Feedback”), either through the Service or by contacting us directly, you hereby grant Royal LePage, its affiliates and their designees a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable license to host, store, use, run, reproduce, copy, distribute, display, present, publish, transmit, broadcast, make available, and otherwise exploit any Feedback you submit, for any purpose, without further obligation to you. No Feedback will be subject to any obligations of confidentiality and Royal LePage will not be liable for any future use or disclosure of such Feedback.

11. CONFIDENTIALITY

If you are a Registered User, you acknowledge that Royal LePage has disclosed or may disclose information relating to Royal LePage’s technology or business (hereinafter referred to as “Proprietary Information”). You agree: (i) not to divulge to any third person any such Proprietary Information, (ii) to give access to such Proprietary information solely to those employees with a need to have access thereto for purposes of these Terms, and (iii) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that you take with your own proprietary information, but in no event less than reasonable precautions to protect such Proprietary Information. The foregoing will not apply with respect to any information that you can document (a) is or becomes generally available to the public other than through your own wrongful act, or (b) was in your possession or known by you prior to receipt from us, or (c) was rightfully disclosed to you without restriction by a third party, or (d) was independently developed without use of any Proprietary Information. Nothing in these Terms will prevent you from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that you give us reasonable prior notice of such disclosure to contest such order.

A violation of any of the foregoing is grounds for termination of your right to use or access the Site.

12. DISCLOSURE

You agree that Royal LePage may disclose, monitor, edit, access, and preserve your personal information and content if Royal LePage reasonably believes that it must do so in order to comply with any applicable Law, valid legal process, or governmental request; in order to enforce the Terms or Privacy Policy; or in order to protect the rights of Royal LePage employees, Royal LePage users, or third parties. The personal information collected by Royal LePage may be stored and processed in Canada, the United States, or any other country in which Royal LePage or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

13. COMMUNICATIONS

By using the Service, you agree to receive communications (including phone calls and text messages) from us and our partners. By using the Service, you expressly authorize Royal LePage, its affiliated companies, its affiliated real estate and mortgage professionals, and its partners and each such entity’s employees, contractors, and software (collectively, “Service Provider”) to communicate with you by phone and text at the wireless phone number provided or any other number that you may provide in the future. You understand that message and data rates may apply based upon the terms of your wireless service provider contract. You also agree that methods of contact may include use of auto-generated text messages or an automated telephone dialing system, even if you’ve registered that number on a Do-Not-Call registry, and that your consent to text messages and phone calls is not a condition to using any Service Provider’s services. If you do not consent to receive these texts or calls, do not use the Service or provide your information to us.  You acknowledge that our text messages may be sent to you without being encrypted and may include personal information pertaining to your inquiry. Royal LePage reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, modify, or suspend phone call and text messages for scheduled or unscheduled maintenance, upgrades, improvements or corrections.

You agree to indemnify Service Provider in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Service Provider if you change your wireless phone number, including but not limited to all claims, expenses, and damages related to or arising under Canada’s Anti-Spam Legislation (CASL). You agree to notify Service Provider promptly if you change your wireless telephone number. You may revoke your consent to receive (i) phone calls by requesting to be placed on an internal Do Not Call list and (ii) text messages by following the opt-out instructions in a text message. You understand this authorization cannot be revoked to the extent that action has already been taken in reliance on this authorization prior to the date Service Provider receives my request to revoke authorization. Royal LePage reserves the right to change these Terms, and your continued use of the text messages constitutes agreement to all such changes.

14. OFFERS FROM OUR THIRD-PARTY PROVIDERS AND AFFILIATES

Through the Service, Royal LePage and our partners and affiliates may provide a venue through which you can obtain information regarding residential real estate, and you can, upon your request, be connected to third-party service providers, such as real estate brokers, mortgage brokers and lenders, mortgage information services, insurance brokers, and other companies providing services around the buying and selling of real estate (“Third-Party Providers”). We do not endorse or recommend the products or services of any Third-Party Provider and are not an agent or advisor to you or any Third-Party Provider. We do not validate or investigate the licensing, certification, or other requirements and qualifications of Third-Party Providers. It is your responsibility to investigate any Third-Party Providers before you engage them. You acknowledge and agree that these Third-Party Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages, or claims in connection with, arising from, or related to, your use of a Third-Party Provider’s products or services. We urge you to obtain the advice of financial advisors or other qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Third-Party Providers.

Third-Party Providers may pay us fees for services and to be matched with users of the Service, however Royal LePage is not involved with and is not responsible for any fee arrangement that you may enter into with any Third-Party Provider.

By using the Service, you hereby release us of any and all losses, costs, damages, or claims in connection with, arising from or related to your use of a Third-Party Provider’s products or services, including any fees charged by a Third-Party Provider.

15. ADVERTISING

Royal LePage and its licensees may publicly display advertisements and other information adjacent to or included with your content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.

16. REFERRAL PARTNERS

We may make available through the Service referrals to our third-party partners who may offer to provide additional products and services to you (each, a “Referral Partner”). We are typically compensated by our Referral Partners for such referrals. If you, at your sole discretion, choose to engage with a Referral Partner, then you will be required to accept the Referral Provider’s terms of service (“Referral Provider’s Terms”) as part of the referral process. The Referral Provider is solely responsible for their products or services offered, the content therein, and any claims that you or any other party may have relating to the Referral Partner’s products and services.

When you accept a referral to one of our Referral Partners, you acknowledge that you are purchasing any products or services offered by the Referral Partner directly from them and that Royal LePage is not a party to any agreement between you and the Referral Partner with respect to those products and services; and Royal LePage is not responsible for that Referral Partner’s products or services, the content therein, or any claims that you or any other party may have relating to that Referral Partner’s products and services.

By accepting a referral to one of our Referral Partners, you grant us permission to share your personal information, including any of your content, with the Referral Partner so that they may offer their products or services to you.

17. DISCLAIMER OF WARRANTIES; NOT AN APPRAISAL

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER ROYAL LEPAGE, NOR ITS AFFILIATES, NOR ITS THIRD-PARTY PROVIDERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THESE TERMS. ROYAL LEPAGE, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. ROYAL LEPAGE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU VIA OUR TEXT MESSAGES OR ANY OTHER FAILURE TO RECEIVE TEXT MESSAGES FROM ROYAL LEPAGE.

ALL CONTENT ON THE SITE ARE SUBJECT TO THE POSSIBILITY OF ERRORS, OMISSIONS, OR WITHDRAWAL WITHOUT NOTICE. TO THE EXTENT THAT ROYAL LEPAGE, ITS AFFILIATES, OR ITS THIRD-PARTY PROVIDERS MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

ROYAL LEPAGE DOES NOT OPERATE AS AN ACCOUNTING, FINANCIAL, TAX, LEGAL, OR INVESTMENT ADVISOR. THE CONTENT AND INFORMATION, INCLUDING, WITHOUT LIMITATION, ESTIMATES, THAT YOU ACCESS ON THE SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ROYAL LEPAGE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUCH RESULTS, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE ACQUIRED BY YOUR USE OF THE SITE. YOU HEREBY ACKNOWLEDGE THAT ANY DECISIONS ARE MADE AT YOUR SOLE DISCRETION AND RISK. ROYAL LEPAGE MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOU WILL SECURE FINANCING FOR ANY PROPERTY, OR THAT ROYAL LEPAGE WILL ENTER INTO ANY AGREEMENT WITH YOU WITH RESPECT TO ANY PROPERTY OR PROPERTIES. NOTHING IN THESE TERMS SHALL OBLIGATE ROYAL LEPAGE TO EXECUTE ANY AGREEMENT WITH YOU, EVEN IF YOU ARE QUALIFIED BY OUR THIRD-PARTY PROVIDERS. YOUR USE OF THE SITE AND OUR SERVICE IS AT YOUR SOLE DISCRETION AND RISK.

ROYAL LEPAGE DOES NOT PROVIDE APPRAISALS, AND ANY INFORMATION ROYAL LEPAGE PROVIDES REGARDING YOUR HOME IS NOT AND SHALL NOT BE CONSIDERED AN APPRAISAL.

18. LIMITATION OF LIABILITY

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE OR ANY RELATED SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE OR ANY RELATED SERVICE SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100) EXCEPT AS OTHERWISE PROVIDED IN A BROKER AGREEMENT OR OTHER AGREEMENT BETWEEN YOU AND ROYAL LEPAGE.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

19. LINKS TO THIRD-PARTY EXTERNAL WEBSITE

The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Site. The content of such External Site is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Site and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all Site to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk. For clarity, and without limiting the generality of the above, please note that the following websites are owned and operated independently by third parties:

• the websites, social media accounts and other online platforms of all Royal LePage Members, namely our independent Royal LePage franchisees, brokerages, and independent real estate sales agents;
• the websites of any of our service providers or commercial partners, including Referral Partners, who have a relationship with us. Please note that some of these service providers and/or partners may be permitted to display our name, trademark and/or logos on their websites, but this does not mean that we operate or are responsible for that website.

You acknowledge and agree that we are not responsible for the manner in which you choose to interact with the providers of any third-party websites, services, content or resources that are available via link through the Service, including any third party’s compliance with applicable laws governing the collection, use, disclosure and processing of personal information and/or the sending of marketing or other commercial electronic messages. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance upon any information, resources, content, goods, or services available on or through any third-party websites or linked resources.

We reserve the right to terminate access to any third-party website, services, resources or content that is available on or through the Service at any time, for any reason or no reason, as determined in our sole discretion.

20. INTERNET DATA EXCHANGE AND OTHER VIRTUAL OFFICE WEBSITES

These terms apply to the Internet Data Exchange and Virtual Office Website features of the Site, which provides listing data from various real estate boards/associations. You agree and acknowledge that:

• these Terms do not create an agency relationship or representation agreement between you and Royal LePage;
• these Terms do not impose any financial obligations on you for services;
• all data obtained from the Site is intended only for your personal, non-commercial use;
• you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered through the Site;
• you will not use, copy, print, or save any of the data on the Site other than for conducting your due diligence for the prospective sale, purchase or lease of a real estate property; this shall be your only permitted use of the data on the Site;
• you recognize the validity of, and will respect the ownership of, the proprietary rights and copyrights of the listing data provided by, and the MLS®[1] system of, each respective real estate board/association;
• you consent that some personal information (name, phone number, email address, and other) may be collected by this website prior to you being granted access to certain information on the Internet Data Exchange or Virtual Office Website features of the Site; this requirement is to satisfy Royal LePage’s compliance with the rules, regulations, policies, and by-laws of the various boards/associations providing the listing data;
• your personal information may be shared with the real estate boards/associations, or their authorized representatives, providing data to the Site for the purpose of auditing and monitoring Royal LePage’s compliance with each respective board’s/association’s rules, regulations, policies and by-laws, the security of the data and other legal purposes, related to the use of the boards’/associations’ data;
• by accepting these Terms, you are NOT acquiring a right or license to, and are prohibited from, either directly or indirectly, collecting, copying, displaying, posting, transferring, “scrapping”, “data mining”, saving, storing, selling, manipulating, disseminating, distributing/redistributing, retransmitting, reproducing, publishing, broadcasting, sharing, licensing or sublicensing any of the data on the Site or in emails from us to another individual, entity via any means or medium;
• though all information presented on the Site is deemed to be from reliable sources, neither Royal LePage, nor the real estate boards and/ or associations providing listing data to Royal LePage, nor third party information providers, assume any responsibility for, and make no guarantee as to, the accuracy of the information provided on the Site. No information should be relied upon without being independently verified by you with the assistance of professionals as required;
• some of the information contained on this site is based in whole or in part on information that is provided by members of The Canadian Real Estate Association (CREA), who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members, , and assumes no responsibility for its accuracy;
• neither Royal LePage nor any board/associations shall be responsible or liable, directly or indirectly, in any way, for any loss or damage of any kind incurred as a result of, or in connection with, your use or reliance on the listing information/data, any related data, and/or posted or hyperlinked comments or reviews. 

21. INDEMNIFICATION

You will indemnify, defend, and hold Royal LePage, our affiliates, and our and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Royal LePage Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable legal fees incurred by any Royal LePage Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from your violation of these Terms or your gross negligence or willful misconduct; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim (provided that our failure to provide prompt written notice shall excuse your indemnification obligations only to the extent that you are prejudiced thereby); (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise, provided that you may not make any admission of liability on behalf of any Knock Indemnitee without our prior written approval.

22. COMPLIANCE WITH APPLICABLE LAWS

The Site are based in, and our services are only available in, Canada. The Site are designed to be accessed and used from Canada.

23. MODIFICATION, SUSPENSION AND TERMINATION

By using the Service, you acknowledge and agree that we do not guarantee continuous, uninterrupted availability of the Service, secure access to the Service, or that operation of our Service will be uninterrupted or error free.

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Service, these Terms and your access to all or any part of the Site, any component of the Service or any content, resources, information or data available on or through the Service, including any permissions or licenses granted to you to access or use same, at any time and for any reason without prior notice or liability. We reserve the right to change (including revising, supplementing, or deleting information, content, services and resources contained on and available through the Service), suspend, or discontinue all or any part of the Site at any time without prior notice or liability to you.

In the event that the Service, including these Terms, are terminated you agree that you shall: (i) cease using all of the Service and related content, information, data, and resources, including, without limitation, the Estimate; (ii) destroy any copies of the Service and/or Content, including, without limitation, the Estimates; and (iii) at the request of Royal LePage or our licensors, certify that all Service and/or Content, including, without limitation, the Estimates, have been purged from all of your computer systems, and all hardcopy materials produced from the Service and/or Content, including, without limitation, the Estimates, have been destroyed.

We will not be liable if we choose to exercise these rights.

24. BINDING ARBITRATION

In the event of a dispute arising under or relating to these Terms or the Site or a Service (each, a “Dispute”), you agree to contact our customer support team to resolve the issue.  If a dispute cannot be resolved through our customer support team, you or any of your affiliates on one hand and Royal LePage and any of our affiliates on the other hand, all agree to resolve any dispute relating to these Terms or in relation to the Service by binding arbitration in Toronto, ON, Canada, or in another location that we have both agreed to.  Further to this agreement, you understand that you and your affiliates and Royal LePage and its affiliates are giving up the right to have a judge and/or jury resolve any controversy or claim arising out of or relating to these Terms or the Service.

Exception:  You and your affiliates on one hand, and Royal LePage and its affiliates on the other hand, agree that we will go to court to resolve disputes relating to your, your affiliates’, Royal LePage’s or Royal LePage’s affiliates’ intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents).

In addition, if any of us brings a claim in court that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). Any of us may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

Details of Arbitration Procedure: Prior to filing any arbitration, both parties jointly agree to seek to resolve any dispute between us by mediation conducted by the Canadian Arbitration Association (CAA), with all mediator fees and expenses paid equally by the parties. If mediation is not successful, either party may initiate an arbitration proceeding with CAA. You can look at CAA’s rules and procedures on their website (www.canadianarbitrationassociation.ca) or you can call them at 1-800-856-5154. The arbitration will be governed by the then-current version of CAA’s Arbitration Rules (the “Rules”) and will be held with a single arbitrator appointed in accordance with the Rules. To the extent anything described in this Agreement to Arbitrate section conflicts with the Rules, the language of this Agreement to Arbitrate section applies. Each of us will be entitled to get a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. All such discovery will be in accordance with procedures approved by the arbitrator. This Agreement to Arbitrate section does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party. The arbitrator’s award will be based on the evidence admitted and the substantive law of the Province of Ontario and Canada, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify these Terms. Except as provided in the Commercial Arbitration Act and Commercial Arbitration Code, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction.

25. CLASS ACTION WAIVER

Both you and your affiliates agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. In the event the laws of your state prohibit this class action waiver, this section will not apply; however, all other provisions of the Terms will remain in effect.

26. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. We may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Delaware for purposes of any such action by us.

27. CONTROLLING LAW; EXCLUSIVE FORUM

These Terms will be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. Except as provided in the Binding Arbitration section above, the exclusive jurisdiction for any claim, action or dispute with Royal LePage or relating in any way to your use of the Site will be the courts located in Toronto, Ontario and the venue for the adjudication or disposition of any such claim, action or dispute will be in Toronto, Ontario.

28. GENERAL RESTRICTIONS AND CODE OF CONDUCT

While using the Service you agree to comply with these Terms and all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service and the content available on the Service. You agree not to use the Service or any content to:

• violate or encourage the violation of any local, municipal, provincial, state, federal, or international law;
• collect, use, disclose, store or otherwise process the personal information of other users of the Service;
• send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Royal LePage in its sole discretion, or otherwise for marketing or commercial mass mailing purposes;
• infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
• disrupt or interfere with the security or use of the Service or any websites or other online platforms linked to it;
• interfere with or damage the Service, 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 the Service;
• attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including Royal LePage or any Royal LePage Members, or create or use a false identity;
• attempt to obtain unauthorized access to the Service or content or portions thereof that are restricted from general access;
• use any meta tags or any other “hidden text” utilizing the Trademarks or any trademarks or names that are similar to the Trademarks;
• attempt to reverse engineer or otherwise derive or obtain the code in any form for the Service or any software used in the Service, or otherwise access or use any of the Service or any content to create, operate or maintain any derivative products or competing services;
• market, publish, disseminate, distribute, sell, license, sublicense, rent or provide access, in whole or in part, the Service or any 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;
• engage in any activity that interferes with any third party’s ability to use or enjoy the Service; or
• assist any third party in engaging in any activity prohibited by these Terms.

Further, without our prior written consent, you may not:

• reproduce, duplicate, copy, sell, resell, engage in data mining, or exploit for any commercial purpose any content available on or through the Service or any use of or access to the Service;
• allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
• 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;
• remove any proprietary notices, labels or other rights management information from the Service;
• use any robot, spider, site search or retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine”, or otherwise reproduce or circumvent the navigational structure or presentation of the of the Services, without our express prior written consent;
• deep link to the Service for any purpose; or
• mirror or frame any part of the Services or any content available thereon, place pop-up windows over its pages, or otherwise affect the display of any pages of the Service.

Engaging in prohibited conduct constitutes a breach of these Terms and may subject you to civil liability or criminal prosecution under applicable laws. We reserve the right to investigate and/or terminate your account if you have violated these Terms, misused the Services, or any contain they contain, or acted in a manner that we regard as inappropriate or unlawful.

29. GENERAL

a. Entire Agreement, No Oral Modification. These Terms constitutes the entire agreement between the you and Royal LePage and supersedes all prior agreements, discussions or understandings, whether oral or written.  No oral or written information or advice given by Royal LePage, its agents, or employees will create a warranty or in any way increase the scope of the warranties in these Terms. Any purchase order document or similar document provided by you shall be construed solely as evidence of your internal business processes, and the terms and conditions contained thereon shall be void and have no effect with regard to these Terms between you and Royal LePage and be non-binding against Royal LePage even if signed by Royal LePage after the date you accept these Terms. An electronic version of this agreement shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents generated in printed form.
b. Governing Law.These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to any conflict of laws provisions.  Except as provided in the Binding Arbitration section above, you and Royal LePage hereby irrevocably and unconditionally consent to and submit to the exclusive jurisdiction of the courts of the Province of Ontario for any actions, suits or proceedings arising out of or relating to this Agreement.
c. Severability. In the event any term of these Terms is found by any court of competent jurisdiction to be void or otherwise unenforceable, the remainder of the Terms shall remain valid and enforceable.
d. Assignment. You will not assign or otherwise transfer these Terms, in whole or in part, without our prior written consent. Any attempt by you to assign, delegate, or transfer these Terms will be null and void. Subject to this Assignment section, these Terms will be binding on both you and Royal LePage and each of our successors and assigns.
e. Waiver. Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
f. Statute of Limitations.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 the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
g. Relationship.You agree that no joint venture, partnership, employment or agency relationship exists between you and Royal LePage as a result of this agreement. You also agree that there are no survivorship rights or third party beneficiaries to this agreement.
h. Notice. Any notice, request, consent or other communication required or made under these Terms must be delivered in writing to the receiving party by personal delivery, certified mail, return receipt requested, overnight delivery by a nationally recognized carrier or by email upon confirmation of receipt. Notices to Royal LePage shall be copied to legalnotices@royallepage.ca
i. Force Majeure. Under no circumstances shall Royal LePage be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature or other forces beyond its reasonable control, including, without limitation, fires, floods, storms and acts of God.
j. Survival. If these Terms are terminated in accordance with the termination provision above, such termination shall not affect the validity of the following provisions of these Terms, which shall remain in full force and effect: “Intellectual Property,” “Confidentiality,” “Disclaimer of Warranties; Not an Appraisal,” “Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” “Controlling Law; Exclusive Forum,” and “General.”

Copyright © Bridgemarq Real Estate Services Manager Limited. All rights reserved.

 

[1] The trademarks MLS®, Multiple Listing Service® and the associated logos are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA.