|
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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. - 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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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 .
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
Additional Terms: The following policies are incorporated
herein by reference:
-
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.
-
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.
|