About HomeOptima Inc., Brokerage
At HomeOptima, we are here to help you help you find the most relevant and useful information for your residential real-estate related needs through our Website, our mobile site, and our desktop and mobile applications (collectively, our "Services"). Our Services provide visitors to and users of our Services, specifically those that have a bona fide interest in buying, selling or leasing a residential property (collectively, our "Users"), with information about neighbourhood communities and real-estate related products and services that our Users have expressed interest in. We also connect our Users with real estate, financial, legal or other professionals (collectively, "Professionals") who can assist our Users to research, buy, sell, rent, or finance residential real estate.
Acceptance of Terms
Our Services are available only to those who may lawfully enter into contracts with us under the law applicable to such contract, provided that in the case of minors who have obtained the consent of their parent or legal guardian to use the Services, such minor is no less than 16 years old. If you do not qualify, you are not permitted to access or use our Services.
Informational Purposes of Services
Our Services are for informational purposes only and are not intended to provide specific commercial, financial, investment, accounting, tax, real estate or legal advice.
We have made commercially reasonable efforts to obtain relevant, accurate and useful information from both public and private sources and that may be further subject to the application of automated review processes, proprietary algorithms, scoring mechanisms, static and/or dynamically assigned user preferences, and market or demographic assumptions, all of which are complex and may change from time to time. Accordingly, we do not guarantee the accuracy, reliability, timeliness or completeness of any of the information contained on, downloaded or accessed from our Services.
You acknowledge and agree that any reliance by you on any information or advertising available on the Services shall be at your own risk.
Limited Rights to Use the Services
Use of our Services is provided to you on a non-exclusive, revocable, and non-transferable basis solely for your own personal, non-commercial use that is strictly limited to transactions contemplated and/or completed by you personally or on your personal behalf.
Unless otherwise indicated on our Services, you may display, download, reformat, print, fax or email a single copy of any information on our Services for such personal, non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notices. You agree not to create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. Any other use of the Services not expressly provided herein, is strictly prohibited without our prior written consent. Without limiting the generality of the foregoing, except as expressly provider herein, you may not copy, share, modify, translate, license or sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any content to another recipient or otherwise use the content for any other purpose.
Use of Services that are comprised of certain value-added products and services for which a subscription is required may be subject to separate subscription agreement(s) as established by HomeOptima from time to time.
We reserve the right, at our sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of our Services, including your password access (if any), without liability or notice to you.
Access to and the right to use our Services may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use of our Services.
No Warranties / Limitation of Liability / Sole Remedy
THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND (TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW), INCLUDING ANY IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WE MAKE NO REPRESENTATION OR WARRANTY TO YOU, WHETHER EXPRESSED OR IMPLIED, THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR CORRECTED IN THE EVENT OF DISCOVERY OF ANY ERRORS, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR FOR ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM ACCESSING, DOWNLOADING, OR USING ANY MATERIALS FROM OUR SERVICES.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OR THE PERFORMANCE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT WITH RESPECT TO THE USE OF SERVICES THAT ARE COMPRISED OF CERTAIN VALUE-ADDED PRODUCTS AND SERVICES FOR WHICH A SUBSCRIPTION AGREEMENT(S) HAS BEEN ESTABLISHED BY HOMEOPTIMA AND FOR WHICH YOUR REMEDY SHALL BE SPECIFIED THEREIN, IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Registration and Passwords
By registering for an account with your confirmed email address, you agree that we may send you emails at such email address in connection with our Services. You can opt-out of receiving certain email correspondence from us by following the instructions at the end of each email we send to you. You may also opt-out by emailing our Privacy Officer at Privacy@HomeOptima.com. Please note that, even if you opt-out of receiving certain email correspondences, we may still need to email you regarding important transactional or administrative information.
It is your responsibility to keep the password provided to you as part of the registration process confidential. You agree that your HomeOptima account may not be shared with others. In the event of use of your password without your consent or the discovery by you of any other breach of security, you agree to notify us immediately at Privacy@HomeOptima.com .
User Submissions and Conduct
Submissions. Certain portions of our Services may permit Users to upload, post or otherwise transmit content ("Submissions"). You acknowledge and agree that all Submissions and content not otherwise provided by us, whether publicly or privately uploaded, posted or transmitted, is the sole responsibility of the User from whom such content originated. As we do not control Submissions from Users of our Services, you acknowledge and agree that (a) we cannot guarantee the accuracy, reliability or completeness of Submissions and (b) that by using our Services you may be exposed to Submissions (including testimonials and opinions) that you may find offensive or objectionable and for which we shall have no responsibility or liability. We do not generally screen or edit Submissions, but reserve the right (though we have no duty) to monitor or to remove, without notice or liability, any Submissions, in whole or in part, in our sole discretion.
General Conduct. You agree: to follow all applicable laws and regulations when using our Services; that you shall be solely responsible and liable for all acts that occur under your password, including any Submissions uploaded, posted or transmitted through such password; and that you have the right to upload, post or otherwise transmit any Submissions originating from you or under your password, including any trade-marks, copyrighted material or other intellectual property and/or proprietary material contained in such Submission, and that you have the consent of every identifiable individual person appearing or otherwise referenced in your Submission to use such person's name and/or likeness.
Prohibited Conduct. You agree that you shall not (or permit under your password):
(a) upload, post or otherwise transmit through or to our Services any Submission that:
(i) is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, purposely false or misleading or otherwise objectionable;
(ii) might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others, including with limitation that of your neighbours or in photographs that you have not obtained applicable consents for;
(iii) contains any malware, viruses, trojan horses, time bombs, or any other harmful programs or elements;
(iv) contains advertising, a solicitation of funds, or a solicitation for goods or services without our prior authorization;
(b) disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our Services; its computer systems, servers or networks; or the passwords of other users;
(c) provide false information about yourself during the registration process, impersonate any other person, imply or suggest a false or misleading endorsement, or otherwise attempt to mislead us or other Users about your identity or the origin of any Submission, content, message or other communication;
(d) transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
(e) collect information about other Users without their consent or otherwise systematically extract data or data fields, including without limitation email addresses or listing data, by way of "scraping" (including "screen scraping" and "database scraping"), "data mining" or any other activity intended to collect, store, re-organize, summarize or manipulate any such information, data or data fields; and
(f) sell access to or the use of our Services, including any content contained on, downloaded or accessed from our Services.
Indemnification and Release by User
You release HomeOptima, our affiliates and our business partners, and each of their respective owners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) you may assert against any third party arising out of the Services.
HomeOptima reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular IP address to the Services or any part thereof.
Publicly Posted Information
We may post content, including testimonials and reviews, on our Services that may contain personal information where we have obtained the consent from the individuals or entities to whom such personal information relates.
If you wish to have your personal information that is being publicly displayed on our Services removed, please contact our Privacy Officer at Privacy@HomeOptima.com.
Linking and Framing Policy
Unless we otherwise expressly agree in writing, you may only provide a hypertext link to the Services from any other site or service, where (a) the appearance, position and other aspects of such link does not damage or dilute the goodwill associated with our trade-names and trade-marks or those of our affiliates or business partners, as determined in our sole discretion; (b) the appearance, position and other aspects of such link do not create a false or otherwise misleading impression that any third party is associated with or sponsored by HomeOptima, its affiliates or business partners, as determined in our sole discretion; (c) such link, when activated, must display the Services as full-screen in the displaying browser or application, and not within a "frame" on the linked site or service; and (d) we reserve the right to revoke our consent to the link at any time in our sole discretion.
SecurityMeasures and Transmissions over the Internet
We use commercially reasonable security measures to safeguard the security of your account in order to prevent access, loss, interception or alteration by unauthorized parties. Such security measures can include physical security measures, organizational controls on access to information, and electronic safeguards such as passwords, firewalls and SSL level encryption, where and as appropriate. We also require our partners, suppliers and agents who assist in providing the Services to implement similarly reasonable security measures to safeguard the security of your account.
Third Party Terms and Conditions
Google Maps. Some of the Services incorporate mapping services provided by Google Maps. Your use of Google Maps is subject to Google's terms and conditions, including Google's Terms of Service found at the following URL: http://www.google.com/intl/en_us/help/terms_maps.html .
Statistics Canada. Some of the Services incorporate or adapt data from Statistics Canada. All such data is provided on an "as is" basis with the permission of Statistics Canada and any such use does not constitute an endorsement by Statistics Canada of HomeOptima and/or the Services.
HomeOptima does not assert copyright or grant any rights to the images associated with or descriptions of listings provided through the Services. Any use of such images and descriptions is subject to the permission of the copyright owner and the requirements of applicable law.
All MLS® data obtained from the Services ("Listing Data") is intended only for your personal, non-commercial use and is being provided to you because you have a bona fide interest in the purchase, sale, or lease of residential real estate being offered through the Services. You agree that your use of the Listing Data is dependent on you entering into a lawful broker-consumer relationship with Home Optima Inc, Brokerage.
You agree you will not copy, redistribute, retransmit, or otherwise use any of the data or Listing Data provided, except in connection with your consideration of the purchase, sale, or lease of an individual property. Further, Listings Data may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part, including by way of "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize, summarize or manipulate any Listings Data available through the Services.
You acknowledge the Toronto Real Estate Board’s ("TREB") ownership of and the validity of TREB's proprietary rights and copyright in the MLS® database, MLS® data, TREB's MLS® System, and Listing Data.
Third Party Sites, Products and Services / Social Sharing
Notice of Copyright Infringement
Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on our Services in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
All notices of copyright infringement should be sent to:
By email: Copyright@HomeOptima.com.
By mail: Copyright Manager
Suite 800, 357 Bay Street,
Toronto, Ontario M5H 2T7