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:
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infringe, misappropriate or violate any intellectual property
rights or other rights of any third-party;
- are defamatory, harmful or obscene;
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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;
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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.
