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Monday, September 08, 2008

THE FOLLOWING DESCRIBES THE TERMS ON WHICH REALINVISION OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING FOR AND/OR USING OUR WEB SITE AND SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

Thank you for visiting Realinvision.com. Realinvision.com uses innovative technology to bring to you a new and exciting way to buy, rent and sell within the Province of Ontario. You can Buy, Sell, Rent, Connect and have fun all within your Local Community. Our service is based upon trust, and this User Agreement (the "Agreement") helps to promote trust between you and other members of the Realinvision.com community.

When accessing the pages or the information contained on the Realinvision.com web site, http://www.Realinvision.com ("the Site" or "our Site"), or using Realinvision¡¯s services (the "Services") in any manner, you must adhere to the terms of this Agreement. When using particular Realinvision.com Services, you are also subject to any additional guidelines or rules that we may post on the Site from time to time. In addition, if you arrive at our Site through any of our partners' or affiliate web sites, you may also be subject to the terms and conditions of that web site. All such guidelines and rules are hereby incorporated by reference into this Agreement. If you do not agree to the terms of this Agreement, you must exit the Site immediately, and cease all use of our Services.

You may review a current version of this Agreement at any time by clicking on the User Agreement link at the bottom of any page of the Site.

  1. Modifications of Terms : We reserve the right to make changes to this Agreement, or the guidelines or rules incorporated herein, at any time, and may or may not notify you. Your continued use of our Site will signify your acceptance of any revised terms to this Agreement. Therefore, you should regularly visit this page to make yourself familiar with our current Agreement. This Agreement may not otherwise be amended, except in writing, by both you and Realinvision.com. Unless otherwise stated, all amended terms to this Agreement shall be effective immediately once this Agreement is updated.
  2. Changes to Site or Services: We reserve the right to terminate, change, suspend or discontinue any aspect of this Site or the Services at our sole discretion, including (i) changing the availability of any Services, at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any Services or any features thereof; (iii) removing, adding, modifying or otherwise changing any Services; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. We reserve the right but not the duty, in our sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice. Temporary changes to our fees (for example, discounts or free promotional offers) will be effective when we post information about them on our Site. 3. Membership / Access Eligibility: Our Services are available only to, and may be used only by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to children (persons under the age of 18) unless their use of our Services is in conjunction with and under the supervision of a parent or legal guardian. Further, our Services are not available to any person whose Realinvision.com membership has been suspended (temporarily or indefinitely) or permanently terminated. If you do not qualify, you must not use our Site.

If you are using the Site or our Services on behalf of a business entity, you represent that you have the authority to bind the entity to this Agreement.

You agree that Realinvision.com may, under certain circumstances and without prior notice, immediately terminate Your Account, and your access to our Services. Cause for termination shall include, but not be limited to, (a) breach of this Agreement or other guidelines or rules incorporated herein, (b) request by law enforcement or other government agencies, (c) request by you, (d) discontinuance or material modification to our Services (or any part thereof), (e) technical or security issues or problems, and (f) extended periods of inactivity. You agree that any termination shall be at Realinvision¡¯s sole discretion, and that Realinvision shall not be liable to you or any third-party for any termination of Your Account or your access to our Services.

  1. Registration / Your Account: You may browse the Site for free and without registering. However, you must register as a member ("Registration") to post an ad on our Site, and gain access to member Services. By registering you agree to pay any applicable fees, in accordance with our Fee Policy. During Registration you will be asked to create an account consisting of a User ID, Email Address and Password ("Your Account") to identify yourself in future visits to the Site. You will be asked to provide information such as your name, address, telephone number, email address, city, province and postal code. All of the information that you provide during Registration is collected according to the terms of our Privacy Policy. It is YOUR responsibility to maintain the confidentiality of your User ID and Password and you agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account to any third party.
    PLEASE NOTE: You must provide accurate and current information to us. If you provide any information that is false, misleading, inaccurate, not current or incomplete during Registration or otherwise, Realinvision.com may suspend (temporarily or indefinitely) or permanently terminate Your Account and refuse any and all current or future use of the Site and our Services (or any portion thereof). Without limiting any other remedies, Realinvision.com has the right to suspend (temporarily or indefinitely) or permanently terminate Your Account if we suspect that you have engaged in any prohibited activity through the Site.
  2. Privacy: Realinvision.com takes privacy seriously. By registering for and/or using this Site, you agree to the collection, storage and use of your personal information in accordance with our Privacy Policy. Your personal information is never shared with third parties, except with your consent and in accordance with the Privacy Policy and applicable laws. If you registered for the Realinvision.com service through a co-brand web site, then your information may be shared with that co-brand partner for audit, demographic or statistical purposes. Co-brand partners may contact you in regards to their services, subject to the terms and conditions of their company's privacy policies and user agreement.
  3. Realinvision.com is Only a Venue: Our Site acts as an open marketplace for users to buy, sell, rent and negotiate the purchase and sale of Residential and Commercial Real Estate ("Properties") with other users. Realinvision.com provides only a service and is not involved in any transaction between buyers and sellers who use our Site and our Services and does not handle any Properties physically. Based on some basic online verification (example email or phone number), Realinvision.com may identify some accounts as verified or unverified; however, we do not confirm the identity of our users, nor the accuracy of any listings posted on the Site. As a result, Realinvision.com does not guarantee or endorse the authenticity, quality, safety, or legality of any Properties offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell Properties or of buyers to buy Properties. We cannot assure that all transactions will be completed. Additionally, Realinvision.com does not guarantee the ability or intent of users to fulfill their obligations in any transactions. You are solely responsible for assessing the truthfulness of any buyer or seller with whom you deal, and for evaluating the accuracy of any listing posted on the Site. You agree that Realinvision.com has no liability for any misrepresentation, incomplete statement or failure to disclose by any user, or for any claims arising from a transaction initiated through the Site.
  4. Safe Trading: Because user authentication on the Internet is difficult, Realinvision.com cannot and does not confirm each user's purported identity. We therefore encourage you to take all steps you believe are appropriate (including, where possible, meeting in person) to confirm the accuracy of any listing posted on the Site, and the identity of any buyer or seller with whom you deal.
  5. Selling / Posting: You must have the legal authority to sell, rent or provide the Properties that you are listing on our Site. You must accurately describe your Properties, including any defects, and all terms of transaction in your listing. You are responsible for payment of all Realinvision.com fees and the Prices of the Properties in all transactions. Your listing description must never confuse buyers as to the authenticity of the Properties. Your pictures must be of the Properties you are selling. In short, you must always be accurate and truthful about the nature and quality of the Properties you are selling, and make sure your listing title is not confusing to buyers.
  6. Buyer Offering a Seller: As a potential buyer, you agree to present the seller on Realinvision.com an Offer, only if you are interested in the listing. You agree not to present the Offer for any other reason including to sell any other products or services or to conduct any Spam or fraudulent activity.
    In order to maintain a consistent user experience, Realinvision.com prohibits the inclusion of any web URLs and email addresses in postings on Realinvision.com in the descriptions of all Properties.
  7. User Information: "User Information" is defined as any and all information or data you provide to Realinvision.com or other users during the Registration, post, sale, buy or any other process, and through any interactive feature of the system, including email. You represent and warrant that your User Information is true, accurate, complete and will at all times comply with the terms and conditions of this Agreement, including without limitation all restrictions and prohibitions. You agree not to make use of any other user's User Information other than as necessary to complete any transactions in which you and that user are involved.
  8. Limited License - User Information: You grant Realinvision a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right and license to exercise all copyright, publicity and database rights you have, in any existing or future media, known or unknown, in your User Information, provided, however, that Realinvision.com will at all times comply with its Privacy Policy.
  9. Limited License - Services: We grant you a non-exclusive, non-transferable, limited right to access, use and view this Site and use the Services, solely for your own personal use, subject to the terms and conditions in this Agreement.
  10. Use Restrictions: Our Site and Services may be used only for lawful purposes. You may not use the Site or our Services to transmit, post, distribute or store any material or conduct any activities in violation of any applicable local, regional, provincial, federal or foreign law or regulation. You agree to comply with any applicable laws, statutes, bylaws and regulations in your use of the Site and our Services. You agree not to use the Site or our Services in any manner that violates, or proposes a transaction which, if consummated, would violate publicity or privacy rights or other proprietary rights of Realinvision or any third party, violate any law, statute, ordinance or regulation, expose Realinvision to civil or criminal liability, or violate this Agreement. You agree that you will not list any Properties on our Site (or consummate any transaction that was initiated using our Service) that, by paying to us a listing or other type of transaction fee pursuant to our Fee Policy, could cause us to violate any applicable law, statute, bylaw or regulation, or that violates our current listing restrictions. You agree that you are solely responsible for obtaining all necessary licenses and permissions necessary for your transactions and for verifying that other Site users with whom you transact do the same. You agree that you will not use any information gained from the Site or our Services, including without limitation information you learn about any buyer, seller or other users, for any purpose not necessary to complete transactions on our Site.
  11. Use Restrictions: You may not, nor may you allow others to, directly or indirectly: (i) remove, any copyright or other proprietary notices contained in any information displayed or downloaded from the Site; (ii) sell, reproduce, modify or attempt to modify the content of the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use the content for any public or commercial purpose, including without limitation posting any content on any other web site; (iii) print or copy any of the HTML or other computer programs that are accessible at this Site; (iv) use this Site in any manner that could damage, disable, overburden or impair this Site; (v) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any content that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site's infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site in whole or in part; (x) use or attempt to use another's account, password, service, system or other information without prior written authorization; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site Spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others without their consent; or (xv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
  12. Listing Restrictions: Realinvision.com prohibits the listing or sale of any Properties that is illegal to sell under any applicable law, statute, bylaw, or regulation. It is your responsibility to sell only legal Properties and you must make sure that what you list for sale on the Site is legal and conforms to all the legal requirements of your local, regional, provincial, federal or foreign law and regulations.
  13. Screening: Realinvision.com may employ automated filters and/or manual reviews to screen listings and content, either before those listings and/or content are posted on the Site or at any time thereafter. In the event that Realinvision.com, in its sole discretion, determines that any listing contains Prohibited Content, or that any listing or content is otherwise objectionable, Realinvision may refuse to post such listing or content, or may remove such listing or content from the Site. Further, Realinvision may suspend (temporarily or indefinitely) or permanently terminate Your Account due to improper listings or posts .
  14. Breach: Without limiting other remedies, we may limit your activity, immediately remove your listings, photos, warn our community or specific users within our community of your actions, temporarily suspend, indefinitely suspend or terminate Your Account and refuse to provide our Services to you if: (a) you breach this Agreement or the guidelines or rules it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or Realinvision.
  15. Release: You agree that Realinvision is not a party to any negotiations or transactions between the buyers and sellers who use its Site. In the event that you have a dispute with one or more users arising from any communications, negotiations, transactions, or other activities conducted or initiated through the Site or our Services, you release Realinvision and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  16. DISCLAIMER OF WARRANTIES: YOU AGREE THAT USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. REALINVISION EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR SERVICES.

    REALINVISION MAKES NO WARRANTY THAT THE SITE OR OUR SERVICES WILL SATISFY YOUR REQUIREMENTS, OR THAT THE AVAILABILITY OF THE SITE OR OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES REALINVISION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE OR OUR SERVICES.

    YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR PROPERTIES OR SERVICES THROUGH THE SITE OR OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REALINVISION OR THROUGH OR FROM THE SITE OR OUR SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED HEREIN.
  17. LIMITATION OF LIABILITY: IN NO EVENT SHALL REALINVISION OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (HOWSOEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE PROPERTIES OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (I) OUR SITE, SERVICES OR THIS AGREEMENT, (II) THE LOSS OF DATA, INFORMATION OR MESSAGES TRANSMITTED THROUGH THE SITE OR OUR SERVICES, (III) TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR OUR SERVICES, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USERS INFORMATION, EVEN IF REALINVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REALINVISION BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE OR OUR SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

    IN NO EVENT SHALL REALINVISION'S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS, OR CAUSE OF ACTION EXCEED THE LESSER OF (I) THE DOLLAR VALUE OF THE ACTUAL LOSS OR (II) TWO HUNDRED DOLLARS ($200).

The limitations of liability and disclaimers in this Agreement apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

  1. Indemnity: You agree to defend, indemnify and hold Realinvision and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless from and against any and all claims made by or liabilities to any third party resulting from any activities conducted under Your Account, your use or misuse of the Site or our Services, including, but not limited to, posting content on the Site, entering into transactions with other Site users, contacting others as a result of their posting(s) on the Site, infringing a third party's intellectual property or other rights, failing to deliver Properties or payment to other Site users or otherwise arising out of your breach of this Agreement.
  2. Notice: Any notices given pursuant to this Agreement that are directed to Realinvision shall be given by email to: legal@realinvision.com. Any notice from Realinvision that is directed to you shall be delivered to the mailing address or email address you provided us at the time of Registration, or as you may update that information from time to time. Notice shall be deemed given thirty-six (36) hours after email is sent or, in the case of notice sent via postal mail, ten (10) business days after the date of mailing.
  3. Language: It is the express intent of the parties that this Agreement and any related documents be drawn up and executed in the English language.
  4. Governing Law: This Agreement shall be governed by, interpreted and construed in accordance with the laws of the Province of Ontario, without regard to its conflict of laws principles, as if formed by and between Ontario residents.
  5. Arbitration: Any and all disputes arising out of this Agreement, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in this Agreement and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.
  6. Intellectual Property: Notwithstanding the foregoing, each party may pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through any court having jurisdiction thereof.
  7. General: Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section of this Agreement. If any part of this Agreement is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. Realinvision's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You and Realinvision are independent contractors. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. You agree that, except as expressly provided herein, there shall be no third party beneficiaries to this Agreement. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. Sections 11 (Limited License), 19 (Release), 20 (Disclaimer of Warranties), 21 (Limitation of Liability), 22 (Indemnity), 23 (Notice) and 25 (Governing Law), 26 (Arbitration), 27 (Intellectual Property), and 28 (General) shall survive any expiration or termination of this Agreement.
  8. Additional Terms: The following policies are incorporated herein by reference:
    1. Our Fee Policy is available at http://www.realinvision.com/FeePolicy.aspx. We may change our Fee Policy from time to time without public notice.
    2. Our Privacy Policy is available at http://www.Realinvision.com/privacy.jsp. We may change our Privacy Policy from time to time and time to time without public notice.

In addition, other rules and guidelines posted throughout the Site may govern your activities and use of our Services.

We last updated this Agreement on March 03, 2006.

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