Introduction
These Website Terms And Conditions (these "Terms" or these "Website Standard Terms And Conditions") contained herein on this webpage, shall govern your use of this website, including all pages within this Website (collectively referred to herein below as this "Website"). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this website if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
Intellectual Property Rights
Other than the content you own, which you may have opted to include on this Website, under these Terms, Peggy Hill Team | REMAX Hallmark Realty and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
Restrictions
You are expressly and emphatically restricted from all of the following:
- Publishing any Website material in any media;
- Selling, sublicensing and/or otherwise commercializing any Website material;
- Publicly performing and/or showing any Website material;
- Using this Website in any way that is, or may be, damaging to this Website;
- Using this Website in any way that impacts user access to this Website;
- Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- Using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Peggy Hill Team | REMAX Hallmark Realty may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain the confidentiality of such information.
VOW (Virtual Office Website)
The term Virtual Office Website ("VOW") refers to a Participant's (REALTORS®) Internet Website, or a feature of a Participant's Internet Website, through which the Participant provides real estate brokerage services to Registrants (clients and prospects) with whom the Participant has first established a relationship where the Registrant has the opportunity to search for MLS® data, subject to the Participant's oversight, supervision and accountability. By agreeing to these "Terms of Use" you:
- By accessing this Website or services offered by this Website, you are entering into a lawful broker-consumer relationship with Peggy Hill Team | REMAX Hallmark Realty
- You agree that all MLS© data obtained from this VOW is intended only for your personal, non-commercial use. Any commercial use of this Website, and/or its services is strictly prohibited.
- You have a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the VOW;
- You agree not to copy, redistribute or retransmit any of the data or information provided;
- You acknowledge Information Technology Systems Ontario, Inc. (ITSO's) ownership of and the validity of ITSO's proprietary rights and copyright in, the MLS® database, ITSO's MLS® System, Listing Information and any related information.
- You understand that Information Technology Systems Ontario, Inc. (ITSO), and other Members of ITSO or their duly authorized representatives may access this Website for the purposes of verifying compliance with MLS® Rules and Policies (including the VOW Rules) and monitoring the display of Members' Listings by the VOW.;
- You understand that all information provided may be provided to the relevant Board and may be used to administer and operate the VOW and to investigate any breach of security of the data or the MLS® rules;
- You understand that information on this site is deemed to be valid but is not guaranteed. It is the responsibility of the registrants to confirm all information on their own.
Your Content
In these Website Standard Terms And Conditions, "Your Content" shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Peggy Hill Team | REMAX Hallmark Realty a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party's rights. Peggy Hill Team | REMAX Hallmark Realty reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.No Warranties
Peggy Hill Team | REMAX Hallmark Realty PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Peggy Hill Team | REMAX Hallmark Realty AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. Peggy Hill Team | REMAX Hallmark Realty AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
Liability Limitation & Exclusive Remedy
IN NO EVENT WILL Peggy Hill Team | REMAX Hallmark Realty OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST Peggy Hill Team | REMAX Hallmark Realty OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Indemnification
You agree to defend and hold Peggy Hill Team | REMAX Hallmark Realty its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Service, your use of the Services, your violation of any law or the rights of a third party, or any submission made through your user account on the Services or that you otherwise make available through the Services.
Release
You release Peggy Hill Team | REMAX Hallmark Realty its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Peggy Hill Team | REMAX Hallmark Realty is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.
Assignment
Peggy Hill Team | REMAX Hallmark Realty shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Peggy Hill Team | REMAX Hallmark Realty and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, and any claim relating to this Website shall be governed by the laws of the Canadian Province of Ontario without regard to its conflict of law provisions.