1. Permissible Use. Commercial use by real estate agents, insurance, and lending professionals is limited to providing information to consumers via the Services, taking actions on behalf of a consumer client with their consent (e.g., listing a home for sale), and personal or brokerage promotion and advertising. All Services used by any government, regulatory bodies, or professional associations are provided with the same commercial rights described herein. Without limitation, lending professionals and institutions are prohibited from using information provided by RealEstateListings.ca through the Services in making any loan-related decisions.
Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services.
2. Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
- Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from RealEstateListings.ca. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users.
3. Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to RealEstateListings.ca in connection with the Services (your “Submission”), you grant RealEstateListings.ca an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. RealEstateListings.ca will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. RealEstateListings.ca may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant RealEstateListings.ca the rights in this paragraph and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your RealEstateListings.ca user account or that you otherwise make available through the Services.
4. Advertising. RealEstateListings.ca’ business is partly funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, RealEstateListings.ca may serve advertisements based on the information we collect from you or in relation to your interaction on our site.
5. The Role of RealEstateListings.ca. RealEstateListings.ca does not act as a real estate brokerage for you or any other user. RealEstateListings.ca does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, RealEstateListings.ca does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.
6. Mortgage and Insurance Information Services. These terms apply specifically to RealEstateListings.ca Mortgage Directory:
- RealEstateListings.ca Mortgage and Insurance Directory. RealEstateListings.ca allows consumers to provide anonymous information to banks, lenders, originators, loan brokers, insurance companies, and their employees (collectively, the “Lenders”) to request quotes on terms for home loans from Rates.ca through widgets on our website. When consumers submit the required information and request pre-approval from a participating Lender, Lenders may elect to respond based on parameters established by the Lender. If you, as a consumer, choose to contact a Lender through RealEstateListings.ca Mortgage and Insurance Directory by filling out a contact request or other request form on RealEstateListings.ca, Lenders may contact you directly. Any loan, insurance, or other business conducted is between you and the Lender.
- The Role of RealEstateListings.ca; Disclaimer. RealEstateListings.ca is not a Lender, mortgage broker, loan originator, loan processor, or underwriter. RealEstateListings.ca does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans, or make loans or credit decisions in connection with loans. RealEstateListings.ca does not take applications for credit or issue pre-approval letters. Any request for quotes or pre-approval is not an application for credit. RealEstateListings.ca does not endorse or recommend the products of any particular Lender. Nothing contained in the Services is an offer to lend or a commitment for a loan, and RealEstateListings.ca does not guarantee any specific loan terms and conditions offered to consumers by a Lender will be granted, or that consumers will be offered any type of loan by any Lender. RealEstateListings.ca is not an agent of either any consumer or any Lender. RealEstateListings.ca is only providing an advertising service to consumers and participating Lenders. Decisions regarding pre-approval requests are made by participating Lenders and not RealEstateListings.ca. RealEstateListings.ca assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services, including RealEstateListings.ca Mortgage and Insurance Directory, and any other information available there. Interest rates provided through the Services are for information purposes only, and actual interest rates may vary.
- Fees. The RealEstateListings.ca Mortgage and Insurance Directory is free to consumers.
7. Additional Terms for Use of Certain Services.
8. Software. The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software.
9. Linked Materials and Third-Party Materials. The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. RealEstateListings.ca does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that RealEstateListings.ca has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and RealEstateListings.ca takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
10. Claims of Copyright Infringement. RealEstateListings.ca respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify RealEstateListings.ca’ copyright agent by providing the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent by registered mail to:
550-1027 Davie Street
Vancouver, BC V6E 4L2
Attention: Copyright Agent
If you give notice of copyright infringement by text e-mail, RealEstateListings.ca’ copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
11. Intellectual Property. The Services are the property of RealEstateListings.ca, and subject to the intellectual property rights of RealEstateListings.ca and its licensors. You may not use any of RealEstateListings.ca’ trademarks as part of your screen name or email address on the Services. You may not use trademarks in your advertising. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
RealEstateListings.ca does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.
12. NO WARRANTY. RealEstateListings.ca PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RealEstateListings.ca AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. RealEstateListings.ca AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
17. Release. You release RealEstateListings.ca, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”