iDEALtoronto (“iDEALtoronto”) PUBLIC TERMS OF USE
THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE BEFORE USING idealtorontocondos.com WEBSITE (the “Site” ).
By accessing or using this Site, you acknowledge that you have read and understand these terms of use ( the “Terms of Use” ) together with the Privacy Policy and other documents regulating the use of the Site and that, without limitation or qualification, you are bound by and agree to abide by them, as well as any future revisions/modifications that may be made to them. These Terms of Use represent an agreement between you and iDEALtoronto.
If you do not agree to be bound by these Terms of Use, you must not access or use this Site. If you consider any future revisions/modifications made to these Terms of Use to be unacceptable, you must cease accessing and using this Site. If you continue to access or use this Site after any revisions/modifications are posted, you will be deemed to have accepted those revisions/modifications.
iDEALtoronto reserves the right, in its sole discretion, to make any revisions/modifications to the Site and/or to correct any errors or omissions in any portion of this Site as it so chooses. You acknowledge that errors or inaccuracies may exist, and that the owners of the site are in no way liable for any such errors. The purpose of the site is for your general information only. No parties guarantee the accuracy, timeliness, performance, completeness, or suitability of the content and information found on this site.
1.1 The owners of the site are not responsible and hold no liability for third-party content that may be posted on the site by end users, or for content that is linked to from this web site including other web sites.
1.2 The use of and viewing of information on this site is at your own risk. Any consequences of use that may occur are not the liability of the web site owners.
1.3 Unauthorized use of this web site or its contents may give rise to a claim for damages and/or be a criminal offense enforceable by local and international law.
1.4 We reserve the right to restrict access to certain areas of the web site at our own discretion. If a username and password, or any other access credentials, are provided to you as the end user, it is your responsibility to keep such information confidential.
1.5 The Registrant has received, read and understand the brochure published by the British Columbia Real Estate Association entitled “Working With a REALTOR®” (this document may be linked)
1.6 This Terms of Use do not create an agency relationship with the Registrant
1.7 All data obtained from the MLS® VOW is intended only for the Registrant’s personal, non-commercial use that the Registrant has a bona fide interest in the purchase, sale or lease of real estate of the type being offered through the MLS®VOW
1.8 The Registrant will not copy, redistribute or retransmit any of the MLS® VOW Data or information provided
1.9 The Registrant acknowledges the Board’s copyright in the MLS® VOW Data
2. LOCATION
2.1 iDEALtoronto operates this Site from its facilities in Ontario, Canada. iDEALtoronto does not represent or warrant that any information, documents, forms, guidelines, procedures, features, requirements or services on this Site are appropriate, available or legal for use in any locations and/or jurisdictions.
3. PURPOSE
3.1 The purpose of this Site is solely that of an administrative, informational and promotional tool for real estate projects, such as condominiums, townhouses or other property developments (hereinafter the “Developer’s Project”) of the developer/owner or agent of the developer/owner (collectively, the “Developer”) and for real estate transactions, namely the purchase and sale of real estate, the transfer of title in real estate or the rental of real estate (the “Real Estate Transaction”) and is not in itself a real estate sale/purchase, rental or transfer of title (collectively, the “Purposes”). The closing and/or completion of a Real Estate Transaction by a buyer, seller or renter requires that all legal steps occur including the actual real estate sale/purchase, rental or transfer of title, which does not occur through the use of this Site.
3.2 This Site and the Content are made available to you for the Purposes only and are not intended to be a substitute for professional advice, assessment and evaluation, including in any Real Estate Transaction. This Site and the Content should not be relied upon as the basis for making or completing any decision dealing with any Real Estate Transaction.
3.3 Any and all dollar figures, including offer and sale figures, maintenance fees and taxes, throughout the Site are estimations only and such figures are not to be used in any legal capacity. The documents supplied on closing supersede any information provided through this Site.
3.4 iDEALtoronto is not a party to any Real Estate Transaction, or any aspect of such, which may or may occur as a result of the Purposes or through the use of this Site or the Content.
4. ACCESS TO AND USE OF SITE
4.1 Subject to these Terms of Use, iDEALtoronto grants to you a non-exclusive, non-transferable, revocable, limited licence to access the Site solely for the Purposes and, further, subject to these Terms of Use, iDEALtoronto grants to you a non-exclusive, non-transferable, revocable limited license to access, use and display the Content and to download the Content, solely for the Purposes. This authorization is not a transfer of title in the Site or in the Content or to copies of the Content and is subject to the following restrictions:
a) you must retain, on all copies of the Content downloaded or copied, all copyright and other proprietary notices contained in the Content;
b) you may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use it or any part of it for any public purpose;
c) you may not transfer the Content or any part thereof to any other person without iDEALtoronto’s prior express written consent which is not herein granted; and
d) you may not print or copy any of the HTML or other computer programs that are viewable at the Site.
4.2 The Content may only be printed, copied or saved onto your own computer for the Purposes and not for your commercial use. It is prohibited to use the Content contained on this Site for any purposes other than the Purposes, including any commercial or advertising purposes, without the prior express, written consent of iDEALtoronto, which is not herein provided.
4.3 This Site may only be used for lawful purposes and is not to be accessed or used for any improper purpose or to infringe or violate any laws. You agree not to use this Site in any way that would undermine its functioning and/or disrupt the Site or its access or use for other users or iDEALtoronto.
4.4 You agree that iDEALtoronto may communicate with you via any means of communication in any media, including e-mail, telephone and in-person in connection with the Site and the transactions contemplated thereby.
5. LINKS
5.1 This Site may contain links, including hyperlinks to electronic sites available through the Internet, owned, managed and/or operated by third parties and not by iDEALtoronto and iDEALtoronto has no control over any content at such sites or any of the products or services described thereon (collectively, the “Third Party sites”).
5.2 iDEALtoronto makes no representation or warranty regarding, and does not endorse, any Third Party sites, the security of performing transactions on the Third Party sites, or the privacy policies of the Third Party sites.
5.3 iDEALtoronto and this Site do not sponsor, endorse, or license any of the Third Party sites. iDEALtoronto and this Site are not affiliated or associated with any of the Third Party sites and are not authorized to permit you to use any trade-mark, trade name or copyrighted material displayed in or accessible through the Third Party sites.
5.4 iDEALtoronto is not liable for any possible damages arising from the access or use by you of such Third Party sites, including any viruses accessed through them. Any complaints you have about the Third Party sites must be addressed directly to the Third Party sites.
6. INTELLECTUAL PROPERTY
6.1 The Site, the Content, the trade-marks, trade names and domain names being and including iDEALtoronto, the design and display of the Site, the confidential information set out at the Site (collectively, the “Intellectual Property”) are, and at all times remain, the property of iDEALtoronto and/or any of its affiliates. The Intellectual Property are protected by intellectual property laws including those specifically set out below and you agree to abide by all intellectual property laws and all intellectual property notices, including those displayed at the Site. Except as expressly provided herein, iDEALtoronto does not grant any express or implied right or license to you under any intellectual property laws for the Intellectual Property, including under any patent, trade-mark, copyright, trade secret, or confidential information laws.
6.2 This Site, including all Content, is protected by Canadian and worldwide copyright laws, including international treaties. You agree to comply with all copyright laws worldwide in your access and use of this Site and not to participate in, but to prevent, any unauthorized copying of the Content.
6.3 The trade-marks, trade names and domain names, including those which are or include iDEALtoronto may not be used or displayed, in whole or in part, without the prior written consent of iDEALtoronto. The trade-marks, trade names and domain names mentioned on this Site which are not owned by iDEALtoronto or any of its affiliates are owned by their respective owners.
6.4 Subject to the rights expressly granted to you under these Terms of Use, you may not copy, reproduce, modify, publish, display, perform, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant any license or right in, or in any other way exploit, any portion obtained from or available as part of this Site ( including any software ) or the Content, in whole or in part.
7. DISCLAIMERS
7.1 The Site and the Content are provided ‘AS IS’ without any representation or warranty, express or implied, of any kind and solely for the Purposes, not for any sale, transfer or trading purposes or advice, and do not constitute a solicitation to trade in any real estate, condominium, townhouse or property of any nature. The accuracy, adequacy, completeness, validity, binding effect, enforceability or legal effect of any Content is disclaimed. iDEALtoronto shall not be liable for any errors, omissions or other defects in, delays or interruptions in such Content or the Site, or for any actions taken in reliance thereon.
7.2 The Content may contain inaccuracies and errors. iDEALtoronto makes no representations or warranties about and assumes no responsibility for the accuracy, adequacy or completeness of the Content or the reliability of any advice, opinion, statement or other information displayed or distributed through the Content or for any errors, omissions, defects, delays or interruptions in the Content at or available through the Site and you acknowledge that any reliance on any of the foregoing shall be at your own risk.
7.3 The Canadian Real Estate Association’s Disclaimers
CREA is the owner of the REALTOR® and MLS® trademarks: “REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to The Canadian Real Estate Association (CREA). These certification marks identify real estate professionals who are members of CREA and who must abide by CREA’s By-Laws, Rules, and the REALTOR® Code. The MLS® trademark and the MLS® logo are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA.
7.4 Toronto Real Estate Board’s Disclaimers
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 Information
7.5 You will not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense any Listing Information 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 Listing Information or any related data
7.6 The information contained on this site is based in whole or in part on information that is provided by members of The Canadian Real Estate Association, who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members and assumes no responsibility for its accuracy.
8. LIMITATION OF LIABILITY
8.1 IN NO EVENT SHALL iDEALtoronto BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR COMPUTER) RELATED TO THE USE OF, OR THE INABILITY TO USE THIS SITE, THE CONTENT, OR ANY INFORMATION OBTAINED THROUGH THIS SITE, OR THE FUNCTIONS OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT iDEALtoronto HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 IF YOU ARE DISSATISFIED WITH THE SITE AND THE CONTENT THEREON, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF THE SITE.
9. PRIVACY
9.1 iDEALtoronto has a Privacy Policy available at the Site for your review and such policy forms part of these Terms of Use.
10. GOVERNING LAW
10.1 The laws of the province of Ontario and of Canada govern these Terms of Use as well as any access and use of the Site and the Content.
11. ENTIRE AGREEMENT
11.1 These Terms of Use constitute the entire agreement between you and iDEALtoronto regarding your access and use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and iDEALtoronto regarding your access and use of the Site and the Content.
12. WAIVER AND SEVERABILITY OF TERMS
12.1 The failure of iDEALtoronto to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavour to give effect to the intention of iDEALtoronto in the provision, and the other provisions of the Terms of Use will remain in full force and effect.
13. TO CONTACT iDEALtoronto
If you have any questions regarding these Terms of Use, you can contact iDEALtoronto at limoochi@idealtoronto.com.