Friday, August 22nd, 2014

Terms of Use & Service

THIS AGREEMENT DESCRIBES THE TERMS OF SERVICE AND YOUR USE OF THIS SITE. PLEASE READ THIS AGREEMENT CAREFULLY AND REVIEW THE TERMS OF OUR PRIVACY POLICY TO LEARN HOW WE PROTECT AND USE YOUR PERSONAL INFORMATION. 

1. Scope of Agreement. This Agreement is between you and 2156166 Ontario Inc., operating as Real Estate Unplugged.  Throughout the site, the terms “we”, “us”, “our” and “company” refer to Real Estate Unplugged.  This agreement concerns your use of this site and all software, products, resources, information, content and materials on the site (collectively, the “Site”), superseding all prior agreements between us regarding the subject matter of this Agreement. The term “use” or “using” means the use and availability of, access to, transmission to or from, or any exchange of information or communication in connection with or arising from this Site. By using the Site or any of its contents, you are indicating your acknowledgement and acceptance of these Terms of Use and Service provided in this Agreement. You must also comply with any additional terms that apply to third party content, software, products or other services. We reserve the right to modify the terms and conditions of this Agreement at any time. Your continued use of the Site signifies your acceptance of any changes in this Agreement. If any change is not acceptable to you, your sole remedy is to discontinue your use of the Site. It is your responsibility to check these Terms of Use and our Privacy Policy from time to time. 

2. Information You Provide. You agree to provide us with accurate and complete registration information, and to advise us promptly of any changes. If you do not, you will be in breach of this Agreement, allowing us to immediately terminate your use of the Site. When you register or subscribe to certain services, you will receive a user name and password that we may assign or allow you to select. You are responsible for maintaining the confidentiality of your password and account information. Each registration is for a single user. You are not permitted to: (i) share your user name or password with others, (ii) cache any part of the Site in proxy servers to allow access by individuals who have not registered at the Site, or (iii) access the Site through a single user name and password being made to multiple users on a network.  If we believe that a user name and password are being used in a manner not permitted under this Agreement, we reserve the right to cancel your access rights immediately and without notice and block access to all users from that IP address. 

3. Fees and Payments. You agree to pay or have paid all fees, charges, and any applicable taxes incurred in connection with your user name and/or password for the Site, including any unauthorized charges, at the rates in effect when the charges were incurred. Our current fees and charges are posted on the Site. If you pay by credit card or other payment instrument, or by allowing us to withdraw funds from an account designated by you, and we do not obtain full payment, you agree to pay all amounts due upon our demand. Each time you use the Site, you reaffirm your authorization to us to charge or withdraw funds from your account. 

4. Money-back GuaranteeHow do I request a refund? You have 365 days from the date of your purchase to request a full refund.  You must forward a copy of your original proof of purchase; the email receipt that you would have received at the time of your purchase. Forward it to CustomerCare@RealEstateUnplugged.com, and write “Refund Request” in the subject line.

5. Restrictions of Use. You may use this site for purposes expressly permitted by this site.  You may not use this site for any other purpose, including any commercial purpose, without our express prior written consent.  For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) hyper-link to this site, without the express prior written permission from our company.  For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site.  You agree to co-operate with us in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

6.  Proprietary Information. The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by us is the proprietary information of our Company or the party that provided the content to us, and our Company or the party that provided the Content to us retains all right, title, and interest in the Content.  Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of us, or unless authorized in writing elsewhere on our site, except that you may only use, access, download and print one copy of the Content solely for your personal use.  In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade names, service mark, or any other proprietary notice or legend appearing on any of the Content.  Modifications or use of the content except as expressly provided in these Terms of Use violates our Company’s intellectual property rights.  Neither title nor intellectual property rights are transferred to you by access to this site.  You agree not to reproduce, loan, transfer, sell, circulate, publish or otherwise distribute the content received through the Site to anyone, including, but not limited to others within the same company, without our prior written permission.  We respect the intellectual property rights of others and request that you do the same.  You are hereby informed that we have adopted a policy that provides for the termination in appropriate circumstances of subscribers who are copyright infringers.  If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please notify us.

7.  Trademarks and Copyrights.  Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of Real Estate Unplugged, its licensors or content providers, or other third parties.  All of these trademarks, logos and service marks are the property of their respective owners.  Nothing on this site shall be construed as granting, by implication or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without our prior written permission, except as otherwise described herein.  This site and all of its content, including but not limited to text, audio, video, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under copyright laws.

8.  Hyper-Links.  This site may be hyper-linked to other sites which are not maintained by, or related to our Company.  Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or us.  We have not reviewed any or all of such sites and are not responsible for the content of those sites.  Hyper-links are to be accessed at the user’s own risk, and we make no representations or warranties about the content, completeness or accuracy for these hyper-links or the sites hyper-linked to this site.  Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by us of that site.

9.  Site Use and Conduct. You may not use, or allow others to use, your user name or password to the Site, indirectly or directly, to upload, distribute, transmit, communicate, link to, publish or access any material or information that: (i) is libelous, obscene, threatening, objectionable, offensive or harassing, (ii) violates any law or the rights of others, (iii) reflects negatively on the Site, or (iv) infringes upon any intellectual property, proprietary rights or the confidentiality obligations of others. You also may not use, or allow others to use, your user name or password to the Site, indirectly or directly, to: (i) attempt to or actually disrupt, impair or interfere with, alter or modify the Site or any content on the Site, (ii) act in a way that reflects negatively on the Site, (iii) transmit or communicate any unsolicited advertising, promotion or solicitation, or (iv) collect or attempt to collect any information of others, including passwords, account or other information. 

10. Security.  Any passwords used for this site are for individual use only.  You will be responsible for the security of your password.  We will be entitled to monitor your password and, at our discretion, require you to change it.  If you use a password that we consider insecure, we will be entitled to require the password to be changed and/or terminate your account.  If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.  We reserve the right to investigate suspected violations of these Terms of Use.    The Company reserves the right to fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.  By accepting this agreement, you waive and hold harmless our Company from any claims resulting from any action taken by us during or as a result of its investigations and/or from any actions taken as a consequence of investigations by us or law enforcement authorities.

11. Disclaimer. The content on this Site is for general information or personal use only.  It does not constitute advice and should not be relied upon in making (or refraining from making) any decision.  Certain links on the Site lead to resources located on servers maintained by third parties over whom we have no control.  We accept no responsibility or liability for any of the material contained on those servers.  Certain links on the Site are provided for you information or resources and do not constitute an endorsement of the material on any third party site.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data.  We do not assume any responsibility or risk for your use of the Internet. 

Your use of this site is at your own risk.  The content is provided as is and without warranties of any kind, either expressed or implied.  Our company does not warrant that the functions or content contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.  We do not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, completeness, currentness, reliability, or otherwise.  The content may include technical inaccuracies or typographical errors, and we may make changes or improvement at any time.  You, an not us, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this site or its content.  We make no warranties that your use of the content will not infringe the rights of others and assume no liability or responsibility for errors or omissions is such content. 

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and we do not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

12.  Limitation of Liability.  Our company, its subsidiaries, affiliates, advertisers, sponsors, licensors, service providers, content providers, employees, agents, officers and directors (collectively “US”) will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if we have been advised of the possibility of such damages.  In no event will the collective liability of US to any party (regardless of the form of actions, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to us for access to the site or content for the 12 months immediately preceding the event giving rise to the claim. 

13.  Indemnification. You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including attorney’s fees) in connection with or arising from your breach of this Agreement and/or your use of the Service. 

14. Miscellaneous. This Agreement is personal to you, and you may not assign your rights and obligations to anyone else. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Province of Ontario. You agree that the federal or provincial courts of the Province of Ontario shall have exclusive jurisdiction and that venue shall be in the Province of Ontario. You agree and consent to the exercise of personal jurisdiction in the Province of Ontario. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.  These Terms of Use constitute the entire agreement among the parties relating to this subject matter.  Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.  We may revise these Terms of Use at any time by updating this Posting.

Last updated:  January 31, 2010