WEB4REALTY USER TERMS

 

1. Your Acceptance

Welcome to the Web4Realty User Terms. This is an agreement (“Agreement”) between Deckspire Inc. (d/b/a “Web4Realty”) the owner and operator of the website https://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. 

By clicking “I agree”, subscribing to the Platform, or accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy.  We may amend our Agreement or the Privacy Policy and may notify you when we do so. If you do not agree with any changes please cease using our Platform immediately.

2. Platform and Registration

Users may access the Platform as permitted by us.  Where required, Users must register on the Platform before accessing portions of the Platform.  Where applicable, prior to registration a Subscriber may be required to authorize a specific User to access the Platform.  During registration, your information will be collected and disclosed in accordance with our Privacy Policy. You are required to provide truthful, up-to-date, and accurate information when registering for our Platform and you must be over the age of 18 to register and create an account.  We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of password and account and for any and all activities that occur under your account. You agree to notify Web4Realty immediately of any unauthorized use of your account or any other breach of security. Web4Realty will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.  Subscribers may, from time to time, delete any associated User accounts and as a User you release Web4Realty from any liability related to the deletion of your User account.

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.

4. Privacy Policy

We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform.  Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

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:

• You agree that User Content submitted is truthful, up-to-date, and accurate;

• You agree not to submit any User Content that contains any confidential information;

• You agree not to submit any User Content that contains nudity, or sexual, or explicit content;

• You agree not to submit any User Content that depicts gratuitous violence, animal or child abuse, or encourages violence against others;

• You agree not to submit any User Content that contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;

• You agree not to submit any User Content that is considered spam or politically controversial; and

• You agree not to submit any User Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

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:

• You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
• You may not use automated bots or other software to send more messages through our Platform than humanly possible;
• You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
• You may not access our Platform in an attempt to build a similar or other competitive product;
• You may not use the Platform in an unlawful manner;
• You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Platform;
• You may not interfere with or disrupt the Platform;
• You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and
• You agree that you will not hold Web4Realty responsible for your use of our Platform

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.

14. Disclaimer

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.

16. Indemnity

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:

• your use of and access to the Web4Realty Platform;
• your violation of any term of this Agreement; or
• your violation of any third party right, including without limitation any copyright, property, or contractual right.

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.

17. Copyrights

Takedown Notice

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:

• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our Platform of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Web4Realty, us@web4realty.com or Web4Realty Atlantic Ave, 200, Toronto, Ontario, Canada M6K 1X9

Counter Notice

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:

• Your name, address, email and physical or electronic signature.
• The notification reference number (if applicable).
• Identification of the material and its location before it was removed.
• A statement under penalty of perjury that the material was removed by mistake or misidentification.
• Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).
• Your consent to accept service of process from the party who submitted the takedown notice.

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, us@web4realty.com 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.

19. Disputes

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. 

21. Severability

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.

22. Non-Waiver

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

This Agreement, the Subscriber Terms (where applicable) along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control.  Where this Agreement conflicts with the Subscriber Terms the Subscriber Terms shall control. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.  Any notices required under this Agreement shall be delivered to Web4Realty Atlantic Ave, 200, Toronto, Ontario, Canada M6K 1X9, delivery confirmation required.  Any notices to User or Subscriber shall be delivered either electronically via email to User or Subscriber’s account or to the address listed within User or Subscriber’s account.

25. Amendments

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 us@web4realty.com

28. Termination

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.