Effective Date: December 1, 2013
The following terms and conditions apply to everyone who uses our Services (including real estate professionals), and they govern the relationship between us and our users during their use of the Services.
The Services We Provide
Our Services : Our Services include the real estate search services and other content, products, and services available on the Site or related websites operated by us. The Services may sometimes be located on third-party websites or applications, either as links from an add-on service to, or otherwise in connection with, websites or applications that those third parties control. Our Services also include paid products and services for real estate professionals, including brokers and agents.
None of Our Services Is an Offer or Promise to Sell : Nothing contained in the Services is an offer or promise to sell or rent a specific real estate property a specific price, or that any listing party will sell or lease any property for any purpose or price or on any specific terms.
Deal with Us in Good Faith : By creating an account, you agree that you are signing up for our Services in good faith, and that you mean to use them only for their intended purposes as personal, non-commercial real estate information tools and for no other reasons.
Security : While We work to protect the security of your account and personal information, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken through your account.
Our Rules About Your Data Privacy
Rules for Real Estate Professionals
TREB Rules and Policies
If you are a real estate professional, you should also refer to the applicable policies, rules and regulations of the Toronto Real Estate Board (TREB) and the MLS® rules and policies.
User Information Provided to Real Estate Professionals
If you are a real estate professional, you agree that you will not use any information about users of the Services that is transferred to you during your use of the Site or Services (e.g., contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with real estate services. You further agree never to use such information for any illegal or harmful purpose.
Intellectual Property and Licenses
Our Materials Are Protected: All materials on the Site or in the Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively Materials), are our proprietary property, or that of our Client, suppliers or licensors, and are protected by Canadian and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other "hidden text" utilizing our Client's name, "Four Walls Digital", or any other name, trademark, or product name that we own or control without our permission.
Our Use of Third Parties' Marks Does Not Imply Endorsement : All other trademarks, registered trademarks, product names, and logos appearing on our Site and Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
We Do Not Own Real Estate Source Images : We do not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source website or information provided by the website owner. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.
Third-Party Links, Sites, and Services
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF THE SITE, MATERIALS, AND SERVICES IS AT YOUR SOLE RISK.
WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, Non-Infringement, and any warranties arising out of course of dealing or usage of trade.
We Are not responsible in any way for, do not monitor, and do not endorse or guarantee anything about any third-party MATERIALS OR content (including advertisements, offers, and promotions) that may appear On our Site or Services.
Limitation Of Liability
IN NO EVENT SHALL FOUR WALLS DIGITAL, OUR CLIENT, TREB, OR OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE MATERIALS, OR OUR SERVICES.
Modification of Services
We reserve the right to modify or discontinue (completely or in part) our Site, Services, or any content appearing therein. We will not be liable to you or any third party if we exercise this right.
Modification of These Terms
Choice of Law
No Third-Party Beneficiaries or Rights
Entire Agreement & Severability
Limitation of Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Terms Related to TREB's MLS® System
3. That all data obtained from the Site is intended only for your personal, non-commercial use.
4. That you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered through the Site.
5. That you will not copy, redistribute, retransmit, or otherwise use any of the data on the Site except in connection with conducting your due diligence for the prospective sale, purchase or lease of an individual property, and for no other purpose.
6. That you will not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense any data from the Site to another individual or entity. The prohibited uses expressly include "scraping" (including "screen scraping" and "database scraping"), "data mining" or any other activity intended to collect, store, re-organize, summarize or manipulate any data on the Site.
8. That you authorize TREB, and other members of TREB or their duly authorized representatives, to access the Site, and that your personal information (first name, last name, email address) may be shared with TREB, and other members of TREB or their duly authorized representatives, for the purposes of verifying compliance with MLS® and TREB rules, regulations, policies and by-laws, the security of data, and other legal purposes related to use of TREB and MLS® data.
9. That you acknowledge that the data on the Site, although considered reliable by us, is not guaranteed as accurate by us or TREB.
To contact us in connection with the Site or Services, send an email to firstname.lastname@example.org.
Copyright © 2013 Four Walls Digital Corp. ALL RIGHTS RESERVED.