Disclaimer

Not intended to solicit parties under an exclusive contract with a brokerage.

Privacy Policy

Real-Estate.ca Privacy Policy for Customers and Users of Real-Estate.ca

[Last updated June 19, 2015]

Our Commitment to Privacy

Real-Estate.ca is committed to respecting and maintaining the security, confidentiality and privacy of your personal information. This Privacy Policy documents our on-going commitment to you and has been developed in compliance with the Personal Information Protection and Electronic Documents Act. This Privacy Policy is subject to change from time to time.

Scope of Privacy Policy

  • This Policy applies to Real-Estate.ca operating under RE/MAX First. This Privacy Policy addresses personal information about identifiable individuals and does not apply to the information collected, used or disclosed with respect to corporate or commercial entities.
  • This Policy does not impose any limits on the collection, use or disclosure of your business contact information, and certain publicly available information.
  • Christopher Audette of RE/MAX First operates the website Real-Estate.ca, which may host public forums, message boards, and other news groups available to its users. Information that you disclosed in these areas of the website become public information and is not governed or protected by this Privacy Policy.
  • Real-Estate.ca may refer you to affiliated real estate associates and/or mortgage associates or other third party goods and services providers. These parties will have their own respective privacy policies independent of Real-Estate.ca’s. The information you provide to those third partied will be subject to those parties' own privacy policies.
  • When collecting your personal information, Real-Estate.ca will always state the purpose of collection and seek your consent.
  • Most personal information is collected directly from you through:
    • The various online contact forms and other documents you complete (e.g.Quick Inquire submissions, Request to View submissions etc.), either with Real-Estate.ca, a Real-Estate.ca preferred Agent, or a Real-Estate.ca third party goods or services provider,
    • Discussions with a Real-Estate.ca representative, or
    • Via Real-Estate.ca.
  • Some information may be collected from other sources such as government departments and agencies (e.g. Land Titles/Registry offices, municipal assessment departments, provincial regulators of real estate acts).
  • Your information may be disclosed to (or accessible by) various real estate boards/associations in Canada, their staff and members, other REALTORS® and their clients, government departments and agencies, financial institutions, legal advisors, thirds party goods and services providers, provincial real estate regulators, and members of the public for the purposes described below.
  • Your personal information may be shared with the real estate boards/associations, or their authorized representatives, providing data to Real-Estate.ca for the purpose of auditing and monitoring Real-Estate.ca’s compliance with each respective board's/association's rules, regulations, policies and by-laws, the security of the data and other legal purposes, related to the use of the boards'/associations' data;
  • Not all of your information will be accessible by each of these entities. For example, once a listing agreement is terminated, the general public may not have access to your information unless it is otherwise accessible through public registries such as a Land Titles Office.
  • Real-Estate.ca and its affiliates collect, use and disclose your personal information for one or more of the following purposes depending you the services your requested from and agreed to with Real-Estate.ca:
    • Helping you connect with a Real-Estate.ca affiliates or a third party goods and services provider; in which case your personal information would be disclosed to such third parties;
    • Providing you access to restricted listing data – a requirement of various real estate boards/associations;
    • Marketing of your property as a seller or property search criteria as a buyer;
    • Managing our relationship with you;
    • Monitoring and managing the customer service you receive from Real-Estate.ca and our third party partners;
    • To understand customer requirements and honour requests for services or information;
    • To manage and develop Real-Estate.ca’s business and operations;
    • To comply with legal, regulatory and contractual obligations;
    • Facilitating your purchase and/or sale of a property by cooperating with third party service providers such as financial institutions, legal advisors, moving companies, and others;
    • Complying with legal requirements and acting pursuant to legal authorizations;
    • Complying with codes of professional conduct and ethics for members of Real Estate Boards/Associations.
    • The above collections, uses and disclosures are a necessary part of your relationship with Real-Estate.ca.
  • Other uses:
    • Real-Estate.ca may communicate with you to determine whether you require additional real estate related services.
    • Real-Estate.ca may communicate with you to provide information about other products or services which may interest and benefit to you.
    • You may instruct Real-Estate.ca to refrain from using or sharing information in the two ways described above at any time by providing written notification to Real-Estate.ca Customer Support. Real-Estate.ca acknowledges that the sharing of information in the two ways described above is at your option and you will not be refused services merely because you advised Real-Estate.ca to stop using or sharing information in these ways.
    • When personal information that has been collected is to be used for a purpose not previously identified, the new purpose shall be identified prior to use and consent for same shall be obtained from you unless the use is authorized or required by law.
  • In regard to Real-Estate.ca:
    • We may use your IP address to help diagnose problems with our server, and to administer our web site. Your IP address may also be used to gather broad, aggregated demographic information.
    • Our site may use cookies to deliver content specific to your interests, to save your login information so you don't have to re-enter it each time you visit our site, and for the other purposes set out below:
      • To remind us who you are and to find your account information in our database when you access a service so you do not need to log in at every visit; this helps us to provide you with service tailored to your specific needs and interests; a cookie is created when you register for a service.
      • To estimate our audience size; your browser is given a unique cookie that helps us determine whether yours is a repeat visit or a first visit.
      • To determine the browser the visitor uses so the site can be designed to work properly with the most common versions of different browsers.
    • Advertisers that place ads with Real-Estate.ca may use cookies.
    • Some of our website's features require users to give us their first name, last name, email address, and phone number. Real-Estate.ca does not use or disclose this personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Real-Estate.ca retains personal information only as long as necessary for the fulfillment of those purposes and as may be limited by contractual obligations.
    • This site contains links to third party sites. Real-Estate.ca is not responsible for the privacy practices or the content of such web sites. Real-Estate.ca co-branded sites and content partner sites may have privacy policies independent of Real-Estate.ca. This Privacy Policy extends only to data collected on web pages hosted on Real-Estate.ca. Real-Estate.ca may share aggregate information with trading partners, co-branded sites, and advertisers. However, this aggregated information does not contain personally identifiable information.
    • Demographic and profile data is used to tailor our visitor's experience at our site and display the content according to their preferences. This information is shared with advertisers on an aggregate basis only.
  • Real-Estate.ca will obtain your consent to collect, use or disclose personal information except where Real-Estate.ca is authorized or required by law to do so without consent. For example, Real-Estate.ca may collect, use or disclose personal information without your knowledge or consent where: the information is publicly available, as defined by statute or regulation; Real-Estate.ca is obtaining legal advice; or, Real-Estate.ca reasonably expects that obtaining consent would compromise an investigation or proceeding. Other exceptions may apply.
  • Your consent can be express, implied or given through an authorized representative such as a lawyer, agent, broker or other 3rd party. Consent may be provided orally, in writing, electronically, through inaction (such as when you fail to notify Real-Estate.ca that you do not wish your personal information collected/used/disclosed for various purposes after you have received notice of those purposes) or otherwise.
  • You may withdraw consent at any time, subject to legal, contractual and other restrictions, provided that you give reasonable notice of withdrawal of consent to Real-Estate.ca. On receipt of notice of withdrawal of consent, Real-Estate.ca will inform you of the likely consequences of the withdrawal of consent, which may include the inability of Real-Estate.ca to provide certain services for which that information is necessary.

Collection and Use of Personal Information

Consent

  • Real-Estate.ca will obtain your consent to collect, use or disclose personal information except where Real-Estate.ca is authorized or required by law to do so without consent. For example, Real-Estate.ca may collect, use or disclose personal information without your knowledge or consent where: the information is publicly available, as defined by statute or regulation; Real-Estate.ca is obtaining legal advice; or, Real-Estate.ca reasonably expects that obtaining consent would compromise an investigation or proceeding. Other exceptions may apply.
  • Your consent can be express, implied or given through an authorized representative such as a lawyer, agent, broker or other 3rd party. Consent may be provided orally, in writing, electronically, through inaction (such as when you fail to notify Real-Estate.ca that you do not wish your personal information collected/used/disclosed for various purposes after you have received notice of those purposes) or otherwise.
  • You may withdraw consent at any time, subject to legal, contractual and other restrictions, provided that you give reasonable notice of withdrawal of consent to Real-Estate.ca. On receipt of notice of withdrawal of consent, Real-Estate.ca will inform you of the likely consequences of the withdrawal of consent, which may include the inability of Real-Estate.ca to provide certain services for which that information is necessary.

Limits on Collection of Personal Information

Real-Estate.ca will not collect information indiscriminately and will limit collection of information to that which is reasonable and necessary to provide services and which is reasonable and necessary for the purposes consented to by you. Real-Estate.ca will also collect information as authorized or required by law.

Limits for Using, Disclosing and Retaining Personal Information

  • Your personal information will only be used or disclosed for the purposes set out above or authorized by you, and as authorized or required by law.
  • Real-Estate.ca may keep personal information used to make a decision affecting you after using it to make the decision.
  • Real-Estate.ca will destroy, erase or make anonymous documents or other records containing personal information as soon as it is reasonable to assume that the original purpose is no longer being served by retention of the information and retention is no longer necessary for legal, regulatory, compliance, or business purposes.
  • Real-Estate.ca will take due care when destroying personal information so as to prevent unauthorized access to the information.
  • Real-Estate.ca will make a reasonable effort to ensure that personal information it is using or disclosing is accurate and complete.
  • If you demonstrate the inaccuracy or incompleteness of personal information, Real-Estate.ca will amend the information as required. If appropriate, Real-Estate.ca will send the amended information to third parties to whom the information has been disclosed.
  • When a challenge regarding the accuracy of personal information is not resolved to your satisfaction, Real-Estate.ca will annotate the personal information under its control with a note that the correction was requested but not made.
  • Real-Estate.ca protects the personal information in its custody or control by making reasonable security arrangements based on the sensitivity and format of the information to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal, loss, theft, or similar risks.
  • Real-Estate.ca will take reasonable steps, through contractual or other reasonable means, to ensure that the suppliers and agents who assist in providing services implement a comparable level of personal information protection.
  • Some specific safeguards include:
    • Organizational measures such as restricting employee access to files and databases as appropriate;
    • Investigative measures where Real-Estate.ca has reasonable grounds to believe that personal information is being inappropriately collected, used or disclosed.
  • In order to ensure the safety and privacy of your information, Real-Estate.ca maintains internal Privacy Policy Guidelines and employees are regularly trained on these guidelines.
  • Note that confidentiality and security are not assured when information is transmitted through e-mail or other wireless communication. Real-Estate.ca does not claim responsibility for information lost, stolen, or unintentionally released in any way through e-mail or other wireless communication unless the error is the direct fault of Real-Estate.ca.
  • You have a right to access your personal information held by Real-Estate.ca.
  • Upon written request and authentication of your identity, Real-Estate.ca will provide you with your personal information under its control, information about the ways in which your information is being used and a description of the individuals and organizations to whom that information has been disclosed. Real-Estate.ca may charge a reasonable fee for doing so.
  • Real-Estate.ca will make the information available within 30 days or provide written notice where additional time is required to fulfil the request.
  • In some situations, Real-Estate.ca may not be able to provide access to certain personal information (e.g., if disclosure would reveal personal information about another individual, the personal information is protected by solicitor/client privilege, the information was collected for the purposes of an investigation or where disclosure of the information would reveal confidential commercial information that could harm the competitive position of Real-Estate.ca). Real-Estate.ca may also be prevented from providing access to certain personal information by law.
  • Where an access request is refused, Real-Estate.ca will notify you in writing, document the reasons for refusal, and outline further steps that are available to you.

Accuracy

  • Real-Estate.ca will make a reasonable effort to ensure that personal information it is using or disclosing is accurate and complete.
  • If you demonstrate the inaccuracy or incompleteness of personal information, Real-Estate.ca will amend the information as required. If appropriate, Real-Estate.ca will send the amended information to third parties to whom the information has been disclosed.
  • When a challenge regarding the accuracy of personal information is not resolved to your satisfaction, Real-Estate.ca will annotate the personal information under its control with a note that the correction was requested but not made.

Safeguarding Personal Information

  • Real-Estate.ca protects the personal information in its custody or control by making reasonable security arrangements based on the sensitivity and format of the information to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal, loss, theft, or similar risks.
  • Real-Estate.ca will take reasonable steps, through contractual or other reasonable means, to ensure that the suppliers and agents who assist in providing services implement a comparable level of personal information protection.
  • Some specific safeguards include:
    • Organizational measures such as restricting employee access to files and databases as appropriate;
    • Investigative measures where Real-Estate.ca has reasonable grounds to believe that personal information is being inappropriately collected, used or disclosed.
  • In order to ensure the safety and privacy of your information, Real-Estate.ca maintains internal Privacy Policy Guidelines and employees are regularly trained on these guidelines.
  • Note that confidentiality and security are not assured when information is transmitted through e-mail or other wireless communication. Real-Estate.ca does not claim responsibility for information lost, stolen, or unintentionally released in any way through e-mail or other wireless communication unless the error is the direct fault of Real-Estate.ca. 

Providing Access

  • You have a right to access your personal information held by Real-Estate.ca.
  • Upon written request and authentication of your identity, Real-Estate.ca will provide you with your personal information under its control, information about the ways in which your information is being used and a description of the individuals and organizations to whom that information has been disclosed. Real-Estate.ca may charge a reasonable fee for doing so.
  • Real-Estate.ca will make the information available within 30 days or provide written notice where additional time is required to fulfill the request.
  • In some situations, Real-Estate.ca may not be able to provide access to certain personal information (e.g., if disclosure would reveal personal information about another individual, the personal information is protected by solicitor/client privilege, the information was collected for the purposes of an investigation or where disclosure of the information would reveal confidential commercial information that could harm the competitive position of Real-Estate.ca). Real-Estate.ca may also be prevented from providing access to certain personal information by law.
  • Where an access request is refused, Real-Estate.ca will notify you in writing, document the reasons for refusal, and outline further steps that are available to you.

Accountability & Complaints

Any inquiries, complaints or questions regarding this Privacy Policy or Real-Estate.ca’s compliance with this Privacy Policy should be directed in writing to RE/MAX First’ Privacy and Compliance Officer.

If by email, to: conveyb@remax-first.ca

If by mail, to: 

RE/MAX First

8820 Blackfoot Trail SE #115,

Calgary AB,

T2W

T2J 3V1

Terms of Use

Real-Estate.ca Terms of Use

[Last updated September 8, 2014]

Welcome to, and thank you for visiting, Real-Estate.ca (the Site). Please read these Terms of Use (the Agreement) carefully before using the Site. These Terms of Use also apply to data and services provided to you by email and via Real-Estate.ca mobile applications. By using the Site and its mobile versions, and by subscribing to email services you agree to comply with the Agreement and confirm that you have a bona-fide interest in buying, selling or leasing a residential property. If you do not agree to comply with the Agreement, you may not use the Site or subscribe to email services from Real-Estate.ca, and you should leave the site immediately.

The Site is owned and operated by Christopher Audette, trading under and therefore hereinafter referred to as RE/MAX First. RE/MAX First. RE/MAX First is a member of the Canadian Real Estate Association (CREA) and is licensed to trade in real estate in the province of Alberta. Real-Estate.ca, and its affiliates (collectively, we, us) reserve the right, at our sole discretion, to modify the Agreement at any time, and such modifications shall be effective immediately upon posting of the modified version on the Site. You agree to review the Agreement periodically to be aware of such modifications, and your continued use of the Site shall be deemed your conclusive acceptance of the modified Agreement.

Nature of Website

The Site provides real estate related information to consumers and promotes and delivers services offered by Real-Estate.ca and RE/MAX First and it’s affiliates.

The information provided on the Site is from sources we consider reliable, but because third parties supply it, we cannot guarantee that it is accurate or complete and it should not be relied upon as such. All listing and other data is subject to changes without notices, and to errors and omissions. The data has not been, and cannot be verified by us.

You should use your own judgment regarding the merits of any data, individual, or entity that you find on or through the Site. In spite of its good faith effort, Real-Estate.ca and RE/MAX First cannot and does not represent or warrant that any individual or entity who’s services are promoted or offered on or through the Site is registered, licensed, qualified, or otherwise authorized or capable of performing any described services.

Real-Estate.ca and RE/MAX First and its affiliates, do not make any representations, warranties or assurances as to the timeliness, completeness or accuracy of the information provided by any real estate professional, real estate agent, broker, brokerage, affiliate, appraiser or other real estate- or real-property-related service provider on or through the Site, including without limitation any real property evaluation or other related services.

Proprietary Nature of Site and Content

The Site, and all text, information, images, audio, video and other material (the Content) posted on or through the Site, are protected by copyright, trade-mark, and other intellectual property and proprietary rights laws. All Content posted on or through this Site, remains the valuable intellectual property of its owner(s), and is made available on or through the Site solely for your own personal, non-commercial, lawful use. You agree to abide by all copyright notices, information and restrictions contained in or displayed herein and with any Content.

Legal Capacity

You affirm that you have attained the age of majority in the jurisdiction in which you are a resident, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

You may not use the Site if you live in a jurisdiction where access to or use of the Site or any part of it may be illegal. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws.

In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for:

  1. the online conduct of such minor;
  2. controlling the minor's access to and the use of the Site; and
  3. the consequences of any misuse by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.

No Rights Granted in Intellectual Property or Content

Nothing contained on the Site should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any copyrighted material, trade-marks, logos, or other names, or other intellectual property used on or in connection with the Site, including, but not limited to, those identifying Real-Estate.ca and RE/MAX First and/or its affiliates, licensors and related companies, or their respective products and services displayed on the Site, without the expressed written consent of the applicable rights holder. You do not acquire any ownership rights in any Content, nor are you granted any commercial, sale, resale, reproduction, licensing or sub-licensing, distribution, publishing, broadcast, transmission, performance or promotional use rights with respect to the Content.

Your Limited Rights with Respect to Content

You may only copy and store Content on your own computer for your personal, non-commercial home use, and 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. You are hereby advised that Real-Estate.ca and RE/MAX First, its affiliates and licensors will aggressively enforce their intellectual property rights to the fullest extent permitted by law.

Prohibited Use of the Site and Content

Your use of the Site and the Content must comply with this Agreement, all applicable laws and all applicable Real-Estate.ca and RE/MAX First policies. Without limitation, you may not use the Site to directly or indirectly:

  1. invade another person's privacy or collect, disclose or store personal information about other persons (including telephone numbers, street addresses, email addresses, last names, etc.);
  2. "stalk" or otherwise harass another person;
  3. harm minors;
  4. unlawfully promote or incite hatred; or
  5. impersonate any person or entity, including, but not limited to a Real-Estate.ca and/or RE/MAX First official, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Uploaded Content

Grant of Rights. With respect to Content that you upload, post, transmit, distribute or otherwise disseminate or make available on or through the Site (your Contributions), you irrevocably grant us the world-wide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable right and license (without obligation) to use, distribute, reproduce, encode, modify, adapt, edit, display, exhibit, publish, translate, publicly perform, communicate, publicly display your Contributions, and to incorporate them into other works, in any format and through any media channel, whether now known or hereafter invented, including, without limitation, by way of the Site. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Contributions.

Moral Rights Waiver. You irrevocably waive your moral rights with respect to your Contributions, in connection with our exploitation of the rights granted to us in this Agreement.

Prohibited Content. You will not upload, post, transmit, distribute, or otherwise disseminate or make available on or through the Site any Content that:

  1. is copyrighted, protected by trade secret or otherwise subject to third party proprietary or contractual rights, including privacy and personality/publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the Content and to grant us all of the rights granted herein;
  2. is obscene, profane, defamatory, libelous, slanderous, fraudulent, deceptive, threatening, intimidating, pornographic, harassing, abusive, hateful, racially or ethnically offensive, encourages or assists conduct that would constitute a criminal offence, could result in civil liability, or is otherwise objectionable, offensive, inappropriate or unlawful;
  3. implies or suggests an endorsement by us;
  4. in the case of audio or video Content, is greater than ten (10) minutes in duration; or
  5. contains advertising, a solicitation of funds, or a solicitation for goods or services unless written authorization is granted by us; or
  6. otherwise violates this Agreement or any applicable municipal, provincial, federal or international law, order or regulation.

Third Party Clearances. You represent and warrant that you own or have secured all necessary licenses, rights, consents and permissions to use, and to authorize us to use, any trade-marks, copyrighted material or other intellectual property and/or proprietary material contained in your Contributions, and that you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your Contributions to use his/her name and/or likeness.

Removal of Content. Real-Estate.ca and RE/MAX First have no obligation to, and does not and cannot, monitor or review every item of Content that you and other users make available through the Site, and Real-Estate.ca and RE/MAX First are not responsible for any of this Content. However, Real-Estate.ca and RE/MAX First reserve the right to investigate, monitor, delete and/or refuse to transmit, move, remove, edit or refuse to post any material or information, in whole or in part, without notice to you, that we deem in our absolute discretion, unacceptable, undesirable or in violation of any law, regulation, contractual obligation or this Agreement.

Responsibility for Uploaded Content. You will be solely responsible for any Content that you make available through the Site, and any liability resulting from its use as contemplated in this Agreement. You will also be liable for any costs, losses or damage resulting, directly or indirectly, from your making any Content available on or through the Site.

Postings Non-Confidential. Any communications, comments, ideas or concepts that you post to the Site will be treated as non-confidential and non-proprietary and will not be protected under our privacy policy. You agree that Real-Estate.ca and RE/MAX First and its affiliates are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Third Party Content

Third Party Content. You acknowledge that, despite the prohibitions above, Content posted on the Site by other end users, may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and links to other web sites. We do not have control over Content provided by third parties, and assume no responsibility or liability for it. Content you access or transmit using the Site is accessed and transmitted at your own risk.

Third Party Web sites. Web sites accessed via links or other means from the Site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any Content or links on the Site should not be construed as an express nor an implied endorsement of any third party products or services by us. We are not responsible for the Content or opinions expressed on any linked web sites, and such web sites are in no way investigated, monitored or checked by us.

Linking and Framing

Unless otherwise agreed in writing by us, you may only provide a hypertext link to the Site on another web site, provided that (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trade-marks, as determined by us in our sole and absolute discretion; (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by us, as determined by us in our sole and absolute discretion; (c) the link, when activated by a user, must display the Site full-screen and not within a "frame" on the linked web site; and (d) we reserve the right to revoke our consent to the link at any time in our sole discretion.

Security

You may be issued a unique user name and password to access portions of the Site. You are solely responsible for protecting your user name and password. We are not liable for any claims, losses, actions, damages, suits or proceedings relating to the sharing of your user name and password with others. You agree to notify Real-Estate.ca and RE/MAX First immediately after you become aware of any unauthorized use of your user name and password, and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.

Termination

This Agreement shall continue indefinitely until terminated by you or us pursuant to the provisions hereof or in accordance with applicable law. We may discontinue, or terminate your access to, the Site or any portion of the Site, at any time without notice to you. Our discontinuance of the Site or any portion of the Site may result in the removal or deletion of Content made available by you. You are responsible for maintaining any required back up copies of such Content. Real-Estate.ca and RE/MAX First will not be liable to you with respect to its deletion of any Content.

Disclaimer of Warranties

THE SITE, AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" BASIS. CALGARY-REAL-ESTATE.COM AND RE/MAX FIRST, THEIR AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE. NEITHER REAL-ESTATE.CA AND RE/MAX FIRST NOR THEIR AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, OR POSTING FOUND ON THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR FINANCIAL INFORMATION), ANY SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE SITE. NEITHER CALGARY-REAL-ESTATE.COM AND RE/MAX FIRST NOR THEIR AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL CALGARY-REAL-ESTATE.COM AND RE/MAX FIRST OR THEIR AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THE SITE, DIRECTLY OR INDIRECTLY. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER CALGARY-REAL-ESTATE.COM AND RE/MAX FIRST NOR THEIR AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.

Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Real-Estate.ca and RE/MAX First, their affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of this Agreement; or (b) your use of the Site, the Content , your contributions and the placement or transmission of any Content or any of your contributions on the Site made by you or others using your user name and password. Real-Estate.ca and RE/MAX First reserve the right, in their sole discretion and at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Real-Estate.ca and RE/MAX First or their affiliates, licensors or related companies. You will co-operate as fully as reasonably required in the defense of any claim.

Privacy

Our collection, use and disclosure of personal information in connection with the Site are governed by our Privacy Policy, which is posted above.

Remedies & Recourse

  1. If you are dissatisfied with the Site or with this Agreement, your sole and exclusive remedy is to discontinue using the Site.
  2. Real-Estate.ca and RE/MAX First reserve 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 Site or any part thereof.

Internet Data Exchange and/or Virtual Office Websites

These terms apply to the Internet Data Exchange and Virtual Office Website features of the Site, which provides listing data from various real estate boards/associations.

You agree and acknowledge that:

  • · you have received, read and understood the agency disclosure document for your respective province as linked below, that you have had the opportunity to discuss such document with a representative, and in the case of being referred to a sub-agency or an affiliate of Real-Estate.ca and RE/MAX First, you accept and declare that the only relationship sought with Real-Estate.ca and RE/MAX First is as a customer/consumer, not a client.
  • These Terms of Use do not create an agency relationship or representation agreement between you and Real-Estate.ca and RE/MAX First;
  • these Terms of Use do not impose any financial obligations on you for services;
  • all data obtained from Real-Estate.ca is intended only for your personal, non-commercial use;
  • you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered through Real-Estate.ca;
  • you will not use, copy, print, or save any of the data on Real-Estate.ca other than for conducting your due diligence for the prospective sale, purchase or lease of a real estate property; this shall be your only permitted use of the data on Real-Estate.ca;
  • you recognize the validity of, and will respect the ownership of, the proprietary rights and copyrights of the listing data provided by, and the MLS® System of, each respective real estate board/association;
  • you consent that some personal information (name, phone number, email address, and other) may be collected by this website prior to you being granted access to certain information on the Internet Data Exchange or Virtual Office Website features of Real-Estate.ca; this requirement is to satisfy Real-Estate.ca and RE/MAX FIRST’ compliance with the rules, regulations, policies, and by-laws of the various boards/associations providing the listing data;
  • your personal information may be shared with the real estate boards/associations, or their authorized representatives, providing data to Real-Estate.ca for the purpose of auditing and monitoring Real-Estate.ca and RE/MAX First’ compliance with each respective board’s/association’s rules, regulations, policies and by-laws, the security of the data and other legal purposes, related to the use of the boards’/associations’ data;
  • by accepting these Terms of Use, you are NOT acquiring a right or licence to, and are prohibited from, either directly or indirectly, collecting, copying, displaying, posting, transferring, “scraping”, “data mining”, saving, storing, selling, manipulating, disseminating, distributing/redistributing, retransmitting, reproducing, publishing, broadcasting, sharing, licensing or sublicensing any of the data on the Site or in emails from us to another individual, entity via any means or medium;
  • though all information presented on the Site is deemed to be from reliable sources, neither Real-Estate.ca, RE/MAX First, nor the real estate boards and/ or associations providing listing data to Real-Estate.ca and RE/MAX First, nor third party information providers, assume any responsibility for, and make no guarantee as to, the accuracy of the information provided on Real-Estate.ca. No information should be relied upon without being independently verified by you with the assistance of professionals as required;
  • some of 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 (CREA), who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members, such as Real-Estate.ca, and assumes no responsibility for its accuracy;
  • neither Real-Estate.ca, RE/MAX First, nor any board/associations shall be responsible or liable, directly or indirectly, in any way, for any loss or damage of any kind incurred as a result of, or in connection with, your use or reliance on the listing information/data, any related data, and/or posted or hyperlinked comments or reviews.

Other Important Terms

Exclusively the laws of the province of Alberta and the laws of Canada applicable shall govern any disputes arising hereunder therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Alberta and/or the Federal Court of Canada in Alberta, or any other judicial district or jurisdiction as Real-Estate.ca and RE/MAX First may determine in any and all actions, disputes, or controversies relating hereto. This Agreement and any rules, policies, guidelines or other agreements posted on the Site by Real-Estate.ca and RE/MAX First constitute the entire agreement between Real-Estate.ca and RE/MAX First and you with respect to your use of the Site. No waiver by either Real-Estate.ca or RE/MAX First or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.

Disclaimers

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, Multiple Listing Service® and the MLS® logo are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. Used under license.

The Site is not intended to solicit consumers already under exclusive contact with other brokerages.

Contact

To contact Real-Estate.ca in connection with this Agreement or the Site, send an e-mail to info@Real-Estate.ca or write to Real-Estate.ca at RE/MAX First, 8820 Blackfoot Trail SE, Calgary AB, T2J 3J1