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WEB4REALTY SUBSCRIBER TERMS
1. Subscriber Terms
Welcome to the Web4Realty Subscriber Terms. This is an agreement (“Agreement”) between Staza Holding Corporation (“Web4Realty”), the owner and operator of the website https://www.web4realty.com and the Web4Realty software, application, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, or “Subscriber”), a Subscriber of the Platform. In addition to this Agreement, all Subscribers must agree to the Web4Realty User Terms (“User Terms”) and are subject to all portions of the Web4Realty User Terms. Where this Agreement and the User Terms directly conflict, this Agreement shall control. This Agreement is incorporated into the User Terms and forms one in the same agreement for all Users that are Subscribers of the Platform. Throughout this Agreement, the words “Web4Realty,” “us,” “we,” and “our,” refer to our company, Web4Realty, as is appropriate in the context of the use of the words.
2. Subscriber Accounts
A Subscriber may create an account as permitted under this Agreement and Subscriber may also create an account on behalf of Subscriber’s business or organization. Subscriber shall be required to designate any authorized users that it has permitted to access the Platform. The Platform may also allow Subscriber to provide access to its authorized users that will use the Platform services. Subscriber agrees that it is solely responsible for all actions of any authorized user using the Platform and agrees that all authorized users shall comply and agree with the User Terms. Subscriber shall indemnify Web4Realty for any damages arising from an authorized user’s use of the Platform.
After registering and properly subscribing to the Platform, where required, we shall grant you access to the Platform in accordance with this Agreement. You may use the Platform solely as permitted and provided for by Web4Realty and in compliance with all applicable laws. Use of the Platform is solely for your own internal commercial purposes and that of your authorized users. Please be aware that all portions of the Platform are offered on an “as is” basis and Web4Realty makes no representations or warranties regarding any portion of the Platform. Web4Realty reserves the right to modify, change, and/or discontinue any and all portions of the Platform at any time and may also remove or add features or functionality to any subscription levels at its sole discretion. Nothing in this Agreement obligates Web4Realty to make any previously available feature on the Platform available to Subscriber or offer any types of compatibility or versioning. If you breach this Agreement, your access to use our Platform may be terminated at our discretion. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct.
4. Subscriber Responsibilities
5. Subscriber’s Authorized Users
Subscriber is solely liable for any agreements entered into with any authorized users that Subscriber permits to access or use the Platform. SUBSCRIBER AGREES TO HOLD WEB4REALTY FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF SUBSCRIBER’S ACCESS TO THE PLATFORM OR SUBSCRIBER’S INTERACTIONS WITH OTHER USERS. Any opinions, advice, or information expressed by any Subscriber are those of the individual and the individual alone and they do not reflect the opinions of Web4Realty.
6. Subscriber User Content
Any User Content submitted by a Subscriber, shall be defined as “Subscriber User Content” and shall be subject to all User Content obligations set forth within this Agreement and the User Terms. Subscriber is solely responsible for any Subscriber User Content submitted to the Platform. Subscriber represents and warrants the following: (1) Subscriber owns or has properly licensed all Subscriber User Content provided; (2) the Subscriber User Content does not and will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; (3) the Subscriber User Content offered does not violate any US state or federal laws or any third party agreements; (4) Subscriber has the unencumbered ownership of all rights or has properly licensed and paid for any rights necessary to the Subscriber User Content; (5) Subscriber has the absolute right to grant to Web4Realty, all rights, licenses and privileges granted to or vested in Web4Realty under this Agreement; (6) Subscriber has obtained all clearances and paid all monies necessary for Web4Realty to exercise the license granted herein and there will not be any other rights to be cleared or any payments required to be made by Web4Realty as a result of any use of the Subscriber User Content; and (7) All of the individuals and entities connected with the production of the Subscriber User Content, and all of the individuals and entities whose names, voices, photographs, likenesses, appearance, works, services and other materials appear or have been used in the Subscriber User Content, have authorized and approved Subscriber’s use thereof, and Web4Realty shall have the right to use all names, voices, photographs, likenesses, appearance and performances contained in the Subscriber User Content in connection with the exploitation and use of the license granted within this Agreement
7. Monitoring Subscriber User Content
Web4Realty shall have the right, but not the obligation, to monitor all Subscriber User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Web4Realty shall have the right, but not the obligation, to remove or disable access to any Subscriber User Content at its sole discretion.
8. Subscriber User Content Storage
Web4Realty at its discretion may offer reasonable amounts of storage for any User Content submitted by Subscriber. Where any Subscriber exceeds our storage capacity limits, we reserve the right to charge Subscriber for such excess storage or terminate this Agreement at our discretion. Please be aware that we have no obligation to offer any storage of any Subscriber User Content and may change our policies related to Subscriber User Content storage limits at our discretion. We reserve the right to discontinue storage or modify any pricing, services, policies, or terms related to Subscriber User Content storage on our Platform (at any time). Please be aware that we make no guarantees about any Subscriber User Content stored on the Platform and Subscriber releases us from all liability related to any Subscriber User Content stored on the Platform. Specifically, we do not guarantee that Subscriber’s User Content will remain available, secure, accessible, or complete and some or all of Subscriber’s User Content may be deleted. Web4Realty shall have no obligation to keep or make available any Subscriber User Content after a termination of Subscriber’s subscription to the Platform and shall have no obligation to assist in migrating such Subscriber User Content.
9. Subscriber Payments
Subscriber agrees to pay for all costs, fees, and taxes listed when purchasing access to the Platform including any recurring subscriptions. Where Subscriber has properly paid for a subscription we shall grant Subscriber access to the Web4Realty Platform. In addition, Subscriber agrees to timely pay any and all fees as charged. Subscriber may upgrade or downgrade its subscription at any time. Web4Realty uses a third party payment processor and where applicable, Subscriber must agree to our third party payment processors’ terms and conditions for processing payments. We reserve the right to change our third party payment processor at our discretion. All prices are listed in the currency as stated at the time of purchase. All information that you provide in connection with a payment or transaction must be accurate, complete, and current. Where Subscriber has failed to pay or where payments are overdue, Web4Realty may suspend or terminate Subscriber’s access to the paid portions of the Platform, without liability to us.
10. Automatic Payment and Renewal
Where a Subscriber has purchased a subscription, Subscriber’s payment information shall be logged for Subscriber’s convenience. IF SUBSCRIBER’S ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, WEB4REALTY MAY CHARGE SUBSCRIBER AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS SUBSCRIBER NOTIFIES US THAT SUBSCRIBER WANTS TO CANCEL SUBSCRIBER’S AUTOMATIC PAYMENT VIA SUBSCRIBER’S ACCOUNT DASHBOARD. ADDITIONALLY, SUBSCRIBER AUTHORIZES US TO BILL SUBSCRIBER ON A RECURRING BASIS AND AGREES THAT SUBSCRIBER’S SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS SUBSCRIBER’S INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. SUBSCRIBER AGREES THAT NO ADDITIONAL CONSENT IS REQUIRED BY SUBSCRIBER TO CHARGE SUBSCRIBER’S PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.
11. Refunds for Subscription
We want Subscribers to be satisfied with their subscription; however, as we offer free trials Web4Realty cannot offer any refunds at this time. If you feel that you are entitled to a refund for any reason please contact us.
Where Web4Realty does not charge Subscriber taxes for any payments, Subscriber agrees to pay any and all applicable taxes. Subscriber agrees that Web4Realty cannot and will not provide Subscriber with any tax advice, any such questions should be directed to Subscriber’s tax attorney or other tax professional.
13. Pricing and Price Increases
The pricing for all paid subscriptions is listed on the Web4Realty Platform or within Subscriber’s account. Additionally, Web4Realty may increase the price of any paid subscriptions or Web4Realty fees charged, at our discretion and we reserve the right to do so at any time. In the event of a price increase, Web4Realty shall notify Subscriber and Subscriber will have the chance to accept or reject any price increase. Please notify us if Subscriber intends to reject a price increase. Where Subscriber has rejected a price increase this Agreement may be terminated immediately at our discretion. Subscriber agrees that Web4Realty has no obligation to offer any services for the price originally offered to Subscriber at sign up.
14. Free Trials
Web4Realty may offer the Platform on a free trial basis. Web4Realty reserves the right to discontinue or modify any free trials at any time and without liability. Where Subscriber has signed up for a free trial, Subscriber agrees at the expiration of Subscriber’s free trial Subscriber may be automatically charged for any additional usage of the Platform in accordance with Web4Realty’s then current pricing.
15. Subscriber Account Holds
From time to time, Web4Realty may place a hold (“Hold”) on a Subscriber’s account. Some of the reasons that we may place a Hold on Subscriber’s account include but are not limited to the following: (1) if we have reason that Subscriber’s actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If Subscriber has questions about a Hold we may have placed on Subscriber’s account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend Subscriber’s access to the Platform while such Hold is in place.
16. Subscriber Support
Web4Realty may offer Subscribers standard support, in accordance with Web4Realty’s internal policies, when accessing, troubleshooting, or using the Platform. Support for the Platform is offered on an as available basis and where a Subscriber requires any support, Subscriber should contact Web4Realty at [email protected] Please be aware that Web4Realty reserves the right to charge for any excess support required by Subscriber that is in excess of the standard support offered by Web4Realty.
17. Third Party Integrations
Web4Realty may offer third party integrations or software (“Third Party Integrations”) at its discretion. Where a Third Party Integration is made available through the Platform, Web4Realty does not warrant or endorse any such Third Party Integration. Subscriber uses any Third Party Integration solely at their own risk. All such Third Party Integrations are controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such Third Party Integrations. Subscriber may be required to purchase an additional subscription or otherwise pay for access to any Third Party Integration from the entity that makes such Third Party Integration available. Any issues with the transmission, processing, or storage of any Subscriber User Content by any Third Party Integration is solely to be resolved by and between you and any entity owning such Third Party Software. Web4Realty will not be responsible for any connectivity issues related to any Third Party Integration and the Platform.
18. Additional Purchases
Prior to purchasing a subscription or accessing the Platform, you may be required to purchase at your own expense, a license or access MLS listings or other real estate information (collectively “MLS Software”). In order for the Platform to operate properly your MLS Software license or subscription must be current and ongoing. Web4realty shall not be responsible for any issues related to the access of the Platform where you have failed to maintain an up-to-date and current license or subscription to the MLS Software. The use of the MLS Software is subject to any agreements, terms, conditions, or licenses that are solely entered in by and between you and the owners of such MLS Software (“MLS Owners”). Web4realty is not a party to any agreements entered into between you and such MLS Owners. You agree to abide by all agreements that you may have with MLS Owners when using the Platform and you agree that none of your actions while using the Platform shall violate such agreement or cause Web4realty to violate any applicable agreements with MLS Owners. You represent and warrant that your use of the MLS Software through the Platform is permitted and shall not violate any third party agreements or cause harm to any third parties. You agree to indemnify us for your use of any MLS Software in accordance with the indemnification provisions set forth in the User Terms.
19. Choice of Law
This Agreement shall be governed by the laws in force in the province of Ontario, Canada. The offer and acceptance of this contract is deemed to have occurred in Ontario, Canada. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded. Additionally, this Agreement is subject to the Dispute provisions as set forth within the User Terms.
20. Termination of Subscription
Subscriber may terminate a portion or cancel its entire subscription at any time via Subscriber’s Web4Realty dashboard or contacting us at [email protected] Please be aware that upon termination of Subscriber’s account, access to all or portions of our Platform may be immediately disabled to Subscriber and its authorized users, and any Subscriber User Content stored may not be retained. We may terminate Subscriber’s subscription if we determine that: (1) Subscriber has violated any applicable laws while using our Platform; (2) if Subscriber has violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of Subscriber’s past, current, or future actions may legally harm Web4Realty, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide Subscriber with a timely explanation; however, we are not required to do so.
2. Information Collected
At Web4Realty, we collect personally identifiable information (“PII”) and non-personally identifiable (“Non-PII”) information from you. Personally identifiable information is information that can be used to identify you personally. Non-personally identifiable information is information that must be combined with other information to identify you personally.
You will not be required to provide us any information when you visit our Platform. However, in order to access or use some portions of the Platform, we may collect PII such as your name, email, phone number, personal information, address. And business information. We may also collect your relevant payment or credit card information if you wish to pay for any services offered via the Platform. Please be aware that all payment information shall be stored and processed by our third party payment processors.
Whenever you use our website, we may collect Non-PII from you, such as your IP address, zip code, browsing history, search history, and registration history, interactions with the Platform, usage information, location, referring URL, browser, operating system, data usage, data transferred, and Internet service provider.
3. Use of Your Information
Some of your information will be visible to other users of the Platform to facilitate communication. We will never sell your information without your permission; however you agree that we may use your information in the following ways:
4. Anonymized Data
Please be aware that we me may collect and aggregate personally identifiable information from our Platform and may anonymize that information for our own research or internal purposes. Once such data has been anonymized, it cannot be traced back to you, the user.
5. Accessing and Editing Your Information
You will be able to access any information contained in your account through our Platform. You may edit that information by changing the information listed in your account. If you have any questions or wish to review, change, or access any of your information collected by us, please contact us at [email protected] After you have cancelled your account please be aware that we may keep inaccessible copies of your PII and non-PII subject to our data retention policies.
6. Cookies and Tracking
7. Law Enforcement
8. Opt Out of Commercial, Non-Commercial Communications and Do Not Track
If you decide to provide us with your contact information, you agree that we may send you communications via text and emails. However, you may unsubscribe from certain communications by notifying Web4Realty that you no longer wish to receive these communications, we will endeavour to promptly remove you from our once we have received that request. We currently do not offer functionality for you to opt out through “do not track” listings. If you wish to opt out of certain communications or information collection, please contact us at [email protected]
9. Third Parties
Web4Realty or other users may post links to third party websites on Platform, which may include information that we have no control over. When accessing a third party site through our Platform, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites. Specifically, we share information with third parties for marketing, analytical, and operational purposes.
We make reasonable attempts to protect your information by using physical and electronic safeguards. However, as this is the Internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.
11. Age Compliance
We do not collect or process any information for any persons under the age of 18. If you are under 18 and using our Platform, please stop immediately and do not submit any information to us. In the event that we have inadvertently collected any information from users under the age of 18 please contact us immediately.
12. International Transfer
13. Merger and Acquisition
In the event that Web4Realty is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.
WEB4REALTY USER TERMS
1. Your Acceptance
Welcome to the Web4Realty User Terms. This is an agreement (“Agreement”) between Staza Holding Corporation (“Web4Realty”) the owner and operator of the website https://www.web4realty.com and the Web4Realty software, application, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, or “User”) a user of the Platform. Any User that wishes to subscribe to or pay for any access to any portions of the Platform shall be referred to as a “Subscriber” and each Subscriber is subject to the Web4Realty Subscriber Terms in addition to this Agreement. The Subscriber Terms are incorporated into this Agreement and subject to all provisions within this Agreement.
Throughout this Agreement, the words “Web4Realty,” “us,” “we,” and “our,” refer to our company, Web4Realty, as is appropriate in the context of the use of the words.
2. Platform and Registration
3. Platform Ownership
You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Web4Realty and/or Web4Realty’s licensors and that Web4Realty and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Web4Realty. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Web4Realty to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Web4Realty. All rights not expressly granted in this Agreement are reserved for us. You may only access the Platform as permitted by us and please be aware that we are not responsible for any User Content (defined below) encountered on the Platform, whether posted by you or any other person.
5. User Content
A User’s ability to submit or transmit any information through the Platform, including but not limited to user information, data, recordings, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Except for the obligations set forth within the Subscriber sections of this Agreement, Web4Realty is not required to host, store, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content at our discretion. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant Web4Realty, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform. Please be aware that User Content may be shared with other users of the Platform or third parties as applicable. Web4Realty has no liability to you for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, Web4Realty shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.
6. Additional Guidelines for User Content
Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content. When submitting any User Content you agree to the following:
If you have violated any of our User Content Guidelines or if we believe that any User Content may harm the Platform, your access to the Platform may be suspended or terminated.
7. Monitoring User Content
Web4Realty shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Web4Realty shall have the right, but not the obligation, to remove or disable access to any User Content at its sole discretion.
8. Use of the Platform
When using our Platform, you are responsible for your use of the Platform. You agree to the following:
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Web4Realty reserves the right to suspend or terminate any account at any time at our discretion.
9. Platform Availability
Although we strive to make the Platform generally available, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform may not always be either 100% reliable or available. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
10. Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.
11. Idea Submission
Web4Realty or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Web4Realty. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Web4Realty’s products might seem similar to ideas submitted to Web4Realty. Any Submissions, whether solicited or unsolicited, will be treated as follows: (1) Submissions and their contents will automatically become the property of Web4Realty, without any compensation to the submitter; (2) Web4Realty may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Web4Realty to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
12. Third Party Content
Web4Realty does not endorse or warrant any Third Party Content including but not limited to any materials, results, information, or other data provided by a third party ( collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered on the Platform. If you use or access any Third Party Content you do so at your own risk. We recommend that you independently evaluate Third Party Content and you should not solely rely on the Third Party Content displayed on the Platform to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content. Further, Web4Realty assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content.
13. MLS Information
Please be aware that some Third Party Content may contain MLS information any MLS information is intended only for your personal, non-commercial use. In order to access any MLS information User must have a bona fide interest in the purchase, sale or lease of real estate and may not use the MLS information for any commercial purposes. User agrees that it may not directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense copy, redistribute, or otherwise publish or make available any MLS information except in connection with User’s consideration of the purchase, sale, or lease of an individual property. All rights to any MLS information are reserved for the owners of such MLS information and their licensees (“MLS Owners”). Where you violate the provisions of this section, we may share your information with MLS Owners as required at our sole discretion.
THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WEB4REALTY, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY ASSOCIATED SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. WEB4REALTY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. WEB4REALTY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. WEB4REALTY DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WEB4REALTY SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
15. Limitation of Liability
IN NO EVENT SHALL WEB4REALTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WEB4REALTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY WEB4REALTY’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED CANDIAN DOLLARS, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless Web4Realty, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
This defense and indemnification obligation will survive this Agreement and your use of the Web4Realty Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Web4Realty, [email protected] or Web4Realty Atlantic Ave, 200, Toronto, Ontario, Canada M6K 1X9
In the event that you receive a notification from Web4Realty stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: Web4Realty, [email protected] or Web4Realty, Atlantic Ave, 200, Toronto, Ontario, Canada M6K 1X9.
18. Choice of Law
This Agreement shall be governed by the laws in force in the province of Ontario, Canada. The offer and acceptance of this contract is deemed to have occurred in Ontario, Canada. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded.
Any dispute relating in any way to this Agreement or your use of the Platform shall be submitted to a court of applicable jurisdiction located within Toronto, Ontario, Canada. Any disputes shall be adjudicated under the laws in force in the province of Ontario, Canada.
20. Class Action Waiver
You and Web4Realty agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Web4Realty are deemed to conflict with each other’s operation, Web4Realty shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, User Content, Access, Payment, Indemnification, Class Action, and Arbitration sections.
24. Entire Agreement and Notices
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
26. Electronic Communications
The communications between you and Web4Realty use electronic means, whether you visit the Platform or send Web4Realty e-mails, or whether Web4Realty posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Web4Realty in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Web4Realty provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
27. Platform Issues
If you have any questions, issues, or have trouble accessing or using the Platform, please contact us through the Platform or by email at [email protected]
We may terminate this Agreement, if: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Web4Realty, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. Please be aware that upon termination of your account, access to all or portions of our Platform may be become immediately disabled and any User Content stored on the Platform may become inaccessible or deleted and we shall have no liability to you in regards to any retention of your User Content.