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HomeOptima Inc., Brokerage Terms of Use

Welcome to HomeOptima Inc., Brokerage! 

Welcome to HomeOptima.com (the “Website”). This Website is owned and operated by HomeOptima Inc., Brokerage. Please read these Terms of Use carefully before using the Website. By agreeing to these Terms of Use you confirm all use is for personal, non-commercial use only. If you do not agree to comply with all of the requirements in these Terms of Use, you may not use the Website or subscribe to Services from HomeOptima and you should leave the Website immediately.

These Terms of Use apply to all Users using Services offered by HomeOptima and its affiliated companies, including HomeOptima Solutions Inc., HomeOptima Buying Solutions Inc. and HomeOptima Inc., Brokerage (collectively, "HomeOptima"). 

About HomeOptima

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. 

While HomeOptima Inc., Brokerage is a member of the Canadian Real Estate Association and is a licensed real estate broker in the Province of Ontario, HomeOptima refers interested Users to qualified Professionals for which it may or may not charge a referral fee to such Professional.  The Services are not intended to solicit any User under an exclusive contract with other brokerages or Professionals.   Furthermore these Terms of Use do not impose a financial obligation on you, or create any representation agreement between you and HomeOptima Inc., Brokerage or between you and any Professional to which HomeOptima may provide a referral. 

Acceptance of Terms

Your use of our Services are offered to you on your acceptance of these Terms of Use, our Privacy Policy that governs the collection, use and disclosure of information (including personal, non-identifying and aggregate information) from Users, and other notices posted on the Services.  Your use of our Services indicates your acknowledgment and agreement to these Terms of Use, as well as our Privacy Policy and other notices posted on the Services, all of which are hereby incorporated into these Terms of Use.  We suggest you print a copy of each of these documents for your records.

Our Services are available only to those who are of the age of majority and may lawfully enter into contracts with us under the law applicable to such contract.  If you do not qualify, you are not permitted to access or use our Services.

You acknowledge that we have the right, at our sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without prior notice or liability to you.  Any changes to these Terms of Use shall be effective immediately following the posting of such changes on the Services, including this page.  You agree to review these Terms of Use from time to time and agree that any subsequent use by you of our Services following changes to these Terms of Use shall constitute your acceptance of all such changes

These Terms of Use were last modified on May 31, 2014.


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.

In addition, you acknowledge that the Services may include advertisements and that, in order to make the advertisements more relevant and useful to you, HomeOptima and third party ad providers may serve advertisements based on the information collected from you or in relation to your interaction with our Services as provided in our Privacy Policy.  Notwithstanding the foregoing, nothing contained in the Services shall be deemed to be an offer or promise from HomeOptima to sell a specific product or service, including for a specific price, or an offer or promise from HomeOptima that any partner or other advertiser will sell any product or service for any purpose, price or specific terms.

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.  

Use of Services that are comprised of our desktop and mobile applications may be subject to an end user license agreement ("EULA"), the terms of which shall govern your use of such software.  If such software is not subject to a EULA, then such software is provided to you on a non-exclusive, revocable, and non-transferable basis solely for your own personal, non-commercial use in accordance with these Terms of Use.

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


Certain portions of our Services, including subscriptions for certain value-added products and services offered through the Services, are password-protected and require registration and disclosure of certain information about yourself, which information shall not be disclosed by us except in accordance with our Privacy Policy.  When registering with us, you agree to provide complete and accurate personal and business information, as the case may be, and to update such information as it changes.  

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.

 

 

By uploading, posting or otherwise transmitting through or to our Services any Submission, you grant to us, our successors and assigns, a non exclusive, world-wide, royalty free, perpetual, sublicensable, and non revocable licence to display, reproduce, translate, reformat, adapt, archive, distribute, and broadcast such Submission in connection with our Services; to use or distribute such Submission in any manner that is not in contravention of our Privacy Policy; and to authorize Users  to display, download, reformat, print, fax or email a single copy of such Submission for such Users' personal, non-commercial use as provided in these Terms of Use.  In connection with the foregoing, you irrevocably waive any moral rights or similar rights of integrity you may have in such Submissions.

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

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold 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) asserted by any third party relating in any way to your use of our Services (including any Submissions originating from you or under your password ) or breach of these Terms of Use.  We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.  No settlement shall be made by you of any matter subject to indemnification by you without our prior written consent, which consent shall be exercised on a reasonable basis. 

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

You acknowledge that any personal information you post in publicly available sections of the Services, including forums, reviews, ratings and blogs, can be accessed, collected, or used by any third party, including to contact you with unsolicited messages, and will not be protected under our Privacy Policy or otherwise treated as confidential.

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.

Security Measures 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. 

While we use commercially reasonable security measures to safeguard the security of your account, the transmission of data (including communications by e-mail) over the Internet or other publicly accessible networks is inherently insecure, and is subject to possible unauthorized access, loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the use of your password for our Services or the submission of any of your information to us (including your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of any personal information you provide us and treat such information in accordance with this Privacy Policy, in no event will the information you provide to us result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.  Notwithstanding the foregoing, to the extent that you are able to access the information of third parties through our web site, we do not grant you any right or license to use such information.

 

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.  

 

Listing Data. 

 

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.

 

You further acknowledge that these Terms of Use also expressly authorizes TREB, and other TREB Members or their duly authorized representatives, to access the Services for the purposes of verifying compliance with MLS® Rules and Policies (including those governing the Services) and monitoring the display of Listing Data through the Services.  In accordance with our Privacy Policy, you consent to the fact that your personal information, including first and last name, email address, and phone number may be collected, used or disclosed for such purpose and this personal information may be shared with TREB for auditing and/or legal purposes.

Third Party Sites, Products and Services / Social Sharing

Links or pointers to other sites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such sites, the content on such sites, or of such third party products and services. In particular, you should be aware that your use of such third party sites shall be subject to their respective terms of use, and that such third party sites may collect data or solicit personal information from you in accordance with their privacy policies, which shall govern the collection and use of the information collected on those sites. 

If you use any social sharing function to share our Services, your sharing activity will be processed through a third party's site or service (such as Facebook) in accordance with its terms of use and its privacy policy, which shall govern your use of such third party site or services and the collection and use of the information collected on any such third party site or service. 

Please note that as we do not control such third party sites or services, we are not responsible for their terms of use or privacy policies, or for the collection, use or disclosure of any data or personal information such sites may collect.


Proprietary Rights

The © trademark, the © logo and other identifying marks of HomeOptima are and shall remain the trade-marks and trade names and exclusive property of HomeOptima, and any unauthorized use of these marks is unlawful.  Other trade-marks on the Services are the property of their respective owners.  All content on the Services is the copyrighted property of HomeOptima (or, in certain cases, other Users of our Services or third party content providers) and is protected by international copyright law.  Information on the Services may be used by you only for your limited personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner.  Any rights not expressly granted to you are reserved by us.

 

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:

 

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material on our Services that is claimed to be infringing or to be the subject of infringing activity.
  4. The address, telephone number or email address of the complaining party.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:

 

By email:          Copyright@HomeOptima.com.

 

By mail:            Copyright Manager

                        HomeOptima Inc., Brokerage
                        Suite 800, 357 Bay Street,

                        Toronto, Ontario M5H 2T7 

 

General


Except as expressly noted herein, these Terms of Use constitute the entire agreement between you and Home Optima with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Home Optima with respect to the Services.

 

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect.  No waiver of any provision of these Terms of Use by HomeOptima shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

 

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto.  Each of the parties hereto irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario with respect to the subject matter hereof. The parties hereto agree that English shall be the language of our Services and of all transactions occurring in connection with our Services, and all users waive any right to use and rely upon any other language or translations.  It is the express wish of the parties that these Terms of Use have been drawn up in English.  C'est la volenté expresse des parties que la présente convention ainsi que tous les documents legales qui s'y rattachent soient rédigés en anglais.


With the exception of a breach by you of any intellectual property rights of HomeOptima or any third party, any dispute arising out of or in connection with these Terms of Use shall be settled by binding arbitration in accordance with the National Arbitration Rules of the ADR Institute of Canada Inc. by one arbitrator designated in conformity with those Rules in the City of Toronto, Ontario.  Notwithstanding the recourse to arbitration hereto, HomeOptima retain their rights to injunctive relief wherein the courts of the Province of Ontario shall have exclusive jurisdiction with respect to any matter related to these Terms of Use.  Unless prohibited by applicable law, any claim or cause of action arising out of or related to your use of the Services shall be filed within one (1) year after such claim or cause of action arose, or else such claim or cause of action shall be deemed to be barred forever.


These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent, which consent may be withheld in our sole discretion.  We may assign this agreement to any affiliate or successor company of HomeOptima without notice thereof to you.

Contact

If you have any questions, comments or concerns about our Services or these Terms of Use, please feel free to contact us at realtor@HomeOptima.com

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