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Terms of Use Agreement
Last updated: July 27, 2018
By your election to access this website or other websites, use any mobile applications, or access any databases (collectively, these websites, mobile applications and databases are hereinafter “Website”) operated by “Nicholas Tian” (OWNER) the member of The Canadian Real Estate Association (CREA) and The Toronto Real Estate Board (“TREB”), including “https://nichomes.ca” , you, the user (“User”), agree to be bound by and to adhere to all of the terms of use (“Terms”) and acknowledge these Terms constitute a binding agreement between User and the member of CREA and TREB.
All Terms herein apply to User. If User is, or deemed to be, an authorized user of TREB’s MLS® System, those applicable rules complement, and supersede in the event of any conflict, these Terms.
Permitted and Prohibited Uses of this Website
All information, including any data, text, content, images, photographs and expressions, (“Information”), including all real estate listings, related information, ancillary or otherwise, images and photographs (collectively “Listing Content”) or otherwise provided in this Website are strictly for the private, non-commercial use by the User in searching for and evaluating real estate listings. Any commercial use of any Information, including any Listing Content in this Website, in whole or in part, directly or indirectly, is forbidden, subject to prior written consent of the owner of such Information, including such Listing Content..
User may, strictly in accordance with these Terms, print a screenshot, or otherwise save a current individual page from this Website for strictly private use only as long as the related real estate listing is accessible through this Website. User may provide a link to this Website, as long as such link results in a new, fully functional, full screen browser window occupied solely by pages created by this Website. OWNER and TREB reserves the right to refuse a link at any time at OWNER’s and TREB’s sole discretion. User agrees to remove any link to this Website immediately upon OWNER’s and TREB’s request.
User is prohibited from, and agrees not to permit others from, using this Website or any Information, including any Listing Content, to:
- take any action that imposes an unreasonable or disproportionately large load on this Website’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques;
- modify, alter, or merge with any other data any Information, including any Listing Content, in any respect;
- create any derivative work from any Information, including any Listing Content, accessed through this Website;
- engage in any “screen scraping”, “database scraping” or any other activity intended to collect, store, reorganize or manipulate any Information, including any Listing Content, on pages produced by, or displayed on this Website;
- display any Information, including any Listing Content, of this Website in a frame or in any other manner that is different from how such content would appear when this Website’s URL is typed into a browser field;
- attempt to decipher, decompile, disassemble or reverse engineer any of software or HTML code comprising or in any way making up a part of this Website;
- upload, post, email or otherwise transmit any Information, including any Listing Content, that User does not have a right to transmit under any law or under contractual or fiduciary relationships;
- violate any applicable local, provincial, national or international law;
- use any robot, bot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy any of this Website’s pages, or any Information, including any Listing Content, provided in this Website without our prior written permission; or
- retain any copy of any Information, including any Listing Content, of a real estate listing that has been provided through this Website once that real estate listing is removed from this Website.
Termination of Access
OWNER and TREB reserves the right, in its sole discretion, to terminate, limit or suspend User’s access to this Website without notice or liability, for any reason whatsoever. Messages Sent via this Website TREB’s membership directory and all related content constitute proprietary information (“Membership Directory”) are owned by TREB. All information in the Membership Directory and made available through the “Email REALTOR®” feature on this Website is solely intended for private, non-commercial use by individuals that may be potential buyers or sellers and that wish to contact OWNER about the REALTOR® member's property listing information. Any other use of information in the Membership Directory is prohibited.
Any content or information in the Membership Directory may not be copied, reproduced, modified or altered in any respect, in whole or in part, merged with other any other data, disseminated in any manner, entered into a computer database, used as part of or in connection with a mailing, e-mail list, or fax, or otherwise utilized in any form or manner, in any respect.
This Website also allows User to send messages to other persons, including other users and REALTOR® members. User agrees to comply with all applicable laws and to not use this Website or any Information, including any Listing Content, extracted from this Website to harass or abuse, send spam or other unwanted communications, or send unlawful, libelous, obscene, discriminatory or otherwise objectionable messages that:
- infringe, misappropriate or violate any intellectual property rights or other rights of any third-party;
- are defamatory, harmful or obscene;
- contain or transmit any software viruses or programming routines that may damage services or any software, hardware or other technology used to provide these services or surreptitiously intercept or expropriate any data or information;
- are false, misleading or inaccurate;
- contain sensitive personal information including but not limited to: (i) any person’s date of birth; (ii) a credit or debit card number; (iii) the user’s mother’s maiden name; (iv) a social security number, passport number, driver’s license number, or similar identifier (or any portion thereof) (v) any account passwords; (vi) any person's ethnic or religious affiliation or sexual orientation; (vii) employment, financial or health information; or (viii) any person’s criminal history.
OWNER and TREB bears no responsibility or obligation to review any content of any message sent through the Website, but reserves the right review any message at its sole discretion. OWNER and TREB explicitly reserves the right to remove any message and/or terminate, limit or suspend any User’s access to the Website in its sole discretion.
User agrees that OWNER and TREB shall have no liability for any damages arising out of the content of any message that User sends through this Website. By creating and sending any such message, User hereby acknowledges it shall indemnify and hold OWNER and TREB harmless from and against any and all liability, damages or expenses, whatsoever due, arising from, directly or indirectly, any cause of action arising out of such message.
Copyright
TUser expressly acknowledges that all content in this Website is protected by copyright that is owned exclusively by OWNER and TREB. Elements of the contents on this Website, including all Information, including all Listing Content, are also protected by copyright, which is exclusively owned by TREB members, whom have supplied the Information, any Listing Content Listing Content, and/or by third parties and is reproduced in this Website under license granted therefrom.
Trademarks
REALTOR®, REALTORS® and the REALTOR® logo are trademarks and certification marks owned by REALTOR® Canada Inc. and REALTOR® Canada Inc. retains all rights therein. These trademarks may be used to identify real estate services provided by brokers and salespersons who are members of CREA and who accept and respect a strict Code of Ethics, and are required to meet consistent professional standards of business practice which is the consumer's assurance of integrity.
MLS®, Multiple Listing Service, and the associated logos are all registered certification marks owned by CREA and are used to identify real estate services provided by brokers and salespersons who are members of CREA.
Nothing in these Terms or the Website provides User the right or license to use any trademarks displayed on this Website without the express written consent of the trademark’s owner.
Links to Third Party Sites
This Website may contain hyperlinks to websites controlled or operated by parties other than OWNER. Such hyperlinks are provided for the User’s reference only. OWNER does not control such websites and does not bear any responsibility for their contents or the privacy or any other practices of such websites.
Cookies
User acknowledges and accepts that this Website may use cookies or web beacons during User’s use of this Website. User may change User’s settings for cookies when accessing this Website.
Re-targeting
This Website may allow third-parties to publish advertisements and/or collect (anonymous) information when individuals use this Website. User acknowledges that these third-parties may use cookies or web beacons when User accesses this Website.
Google Maps/Google Earth
This Website uses Google Maps/Google Earth data, websites and links. As such, User accepts and acknowledges that when User is accessing this Website, User is subject to Google’s relevant terms of use available at: https://www.google.com/intl/en-US_US/help/terms_maps.html
Privacy
User acknowledges that any or all of User’s personal information may be used by this Website in accordance with TREB’s Internet Privacy Policy, and which may be accessed at: http://www.trebhome.com/privacy/index.htm, and general Privacy Policy, which may be accessed at: http://www.trebhome.com/privacy/pdf/treb_privacy_policy.pdf
Liability and Warranty Disclaimer
All content on this Website and any related Information is provided on an “As Is / Where Is” basis and is provided without any warranty of any kind, either express or implied. OWNER disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither OWNER, nor any person(s) involved in the creation, production, or distribution of this Website or any related Information, including Listing Content, warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content that User accesses on this Website is provided solely for information and convenience only. OWNER does not warrant or make any representations regarding the results that may be obtained from any use of this Website, nor to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this Website. User expressly agrees that the use of this Website is at User’s sole risk. Neither OWNER nor any of its affiliates or suppliers shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of User’s access to or use of this Website.
No Waiver and Remedies
Any failure or delay by OWNER to enforce any of terms and conditions of these Terms shall not constitute a waiver of any of OWNER’s rights or privileges under these Terms.
OWNER reserves the right to seek any and all available remedies for any violation by User of any of these Terms or any applicable law. Nothing herein is intended by OWNER as a waiver or limitation of its available remedies. All rights and remedies are expressly reserved.
Compliance with Applicable Laws
User acknowledges and agrees that User will comply with all applicable international, national, Federal, state, provincial and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your use of, participation, in, and/or access to the Website.
Language
In the event these Terms are translated into a language other than English, the English version shall prevail and control in the event of any conflicts between the translations.
No Assignment
User is explicitly prohibited from assigning, in whole or in part, any of its rights and obligations under these Terms.
Interpretation
These Terms shall be interpreted without regard to which party has drafted these Terms.
Severability
In the event any term or provision of these Terms is held invalid or unenforceable, such a finding will not affect the validity of any other term or provision of these Terms. All remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.
Entire Agreement
These Terms contain and constitute the entire understanding and agreement between you and OWNER and supersede all previous negotiations, agreements, commitments and writings. User acknowledges that User has not relied on or been induced to enter into these Terms by a representation or warranty other than those expressly set out in these Terms.
Governing Law and Jurisdiction
Any dispute arising from these Terms shall be governed by the laws of the Province of Ontario, Canada. The User agrees to submit to the personal jurisdiction of the courts located in Toronto, Ontario, Canada.
Updates, Upgrades and Changes
In the event User access any OWNER’s website, User agrees to future updates and upgrades of such website application. User may decline automatic updates and upgrades to mobile applications by changing applicable user settings, where available.
OWNER hereby reserves the right, at OWNER's sole discretion, to make any changes to these Terms. User accessing this Website is bound by these Terms and assumes responsibility to periodically visit this page and review any changes to these Terms. User’s continued use of this Website following the posting of any changes to these Terms shall constitute acceptance of such changes by the User.
When changes are made to these Terms, OWNER will revise the “Last updated” date that is indicated on the Terms.