- Use of the Website
- Restrictions of Use
You must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, post on another website, or otherwise use the Content for any public, commercial or non-personal purpose. You must not, directly or indirectly, display, post, publish, disseminate, distribute, broadcast, transfer, sell or sublicense the Content to another individual or entity. The prohibited uses expressly include but are not limited to “screen scraping”, “database scraping” and any other activity intended to collect, store, re-organize, summarize or manipulate any Content (whether by running an automatic program or using a manual method).
- Intellectual Property Rights
The Website and all of the Content (including the organization and layout of the Website and all software used in connection with the Website) are, and at all times remain, the property of HAZELTON REAL ESTATE, its franchisees, licensors, brokers and sales people. The Website and all of the Content are protected by intellectual property rights owned by HAZELTON REAL ESTATE, its franchisees, licensors, brokers and sales people. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content. Note that any Content owned by HAZELTON REAL ESTATE’s franchisees, licensors, brokers and sales people may be subject to additional restrictions.
3.1 Third Party IP
Certain graphics, logos, icons, designs, names, titles, words and phrases used in the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of HAZELTON REAL ESTATE, its franchisees, brokers or sales people (the “HAZELTON REAL ESTATE IP”) or third parties (the “Third Party IP”). HAZELTON REAL ESTATE, its franchisees, licensors, brokers and sales people are, and at all times remain, the sole owner of the HAZELTON REAL ESTATE IP.
The display of the Content, the HAZELTON REAL ESTATE IP and the Third-Party IP on the Website does not convey or create any license or other rights in any of the Content, the HAZELTON REAL ESTATE IP or the Third-Party IP. You acknowledge and agree that you do not acquire:
- Any ownership rights over any of the Content, the HAZELTON REAL ESTATE IP or the Third-Party IP;
- Any right to use any of the Content, the HAZELTON REAL ESTATE IP or Third-Party IP for commercial purposes including sale, resale, license or sublicense; or
- Any right to reproduce, display, post, publish, disseminate, distribute, broadcast, or transfer any of the Content, the HAZELTON REAL ESTATE IP or Third-Party IP.
Use of any of the Content, the HAZELTON REAL ESTATE IP or Third-Party IP, without the prior written consent of HAZELTON REAL ESTATE, or the applicable franchisee, broker, sales person, licensor or third party, is strictly prohibited.
3.2 HAZELTON REAL ESTATE’s Website Linking to Third Party Websites
The Website may contain links to third-party websites or content posted on third-party websites (the “Links”). HAZELTON REAL ESTATE provides the Links only as a convenience to help you identify and locate other Internet resources that may be of interest.
You acknowledge that in providing the Links HAZELTON REAL ESTATE:
a) Does not endorse any third-party website or content accessible via the Links;
b) Does not act as an editor, publisher or disseminator of any content accessible via the Links and does not control or monitor any third-party website;
c) Does not make any representation or warranty of any kind regarding the Links;
d) Is not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the Links; and
e) Is not responsible, 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 of, or reliance on, any of the Links.
You accept that you are solely responsible for:
- a) Taking all protective measures to defend against viruses and other destructive elements;
- b) Abiding by the terms and conditions of use and the privacy policies posted at the third-party websites; and
- c) Evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.
3.3 Third-Party Websites Linking to HAZELTON REAL ESTATE’s website
If you want to include a link to the Website on your website (the “Third Party Link”), you must:
- a) Provide HAZELTON REAL ESTATE with prior written notice describing the nature and features of your website and the proposed appearance and location of the Third-Party Link; and
- b) Obtain the prior written consent of HAZELTON REAL ESTATE to establish the Third-Party Link and abide by any terms and conditions required by HAZELTON REAL ESTATE as part of its consent.
HAZELTON REAL ESTATE may at any time, in its sole and absolute discretion, revoke its consent to establish a Third-Party Link, with or without cause, upon reasonable notice to you. Upon exercise of this right by HAZELTON REAL ESTATE, you must immediately remove all of your links to the Website and must cease all use of the HAZELTON REAL ESTATE IP. If You refuse or neglect to remove all of your links to the Website or to cease using the IP, you acknowledge that such refusal or neglect will result in immediate and irreparable damage to HAZELTON REAL ESTATE and that HAZELTON REAL ESTATE shall be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper.
HAZELTON REAL ESTATE is not responsible or liable, directly or indirectly, in any way for any content available on a third-party website that has established a link to the Website.
- Registration, Account and Password
Certain Content on the Website may require subscription or registration. Should you choose to subscribe or register for any such Content, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete.
You agree to be responsible for:
- a) Maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned because of any registration or subscription process; and
- b) All activities that occur under your account or password.
You further agree to:
- a) Notify HAZELTON REAL ESTATE immediately of any unauthorized use of your password or account; and
- b) Ensure that you log out of your account and close your browser window upon completing your use of the Website.
- Content Supplied by Users
The Website may provide various services that permit you and other users to upload, post, submit or otherwise make available, and/or store, Content on the Website and that may or may not be viewed by you or other users.
You agree not to post and/or store any Content on the Website that:
- a) Defames, libels, abuses, harasses, threatens or otherwise violates the legal rights of third parties;
- c) Solicits passwords or personal identifying information from any user;
- d) Contains a virus or other harmful component or creates a virus or other harmful component;
- e) Impersonates another individual or entity or implies an affiliation with, or endorsement by, HAZELTON REAL ESTATE, its franchisees, brokers or sales people;
- f) Contains advertising or which engages in commercial activities and/or sales; or
- g) Disseminates promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
- h) Is protected by intellectual property rights owned by third-parties without the express permission from the owner or rights holder;
You agree that all communications sent by you or Content provided by you are on a non-confidential and non-proprietary basis. You acknowledge that the Website is not a secure medium for communication except where indicated. You agree that HAZELTON REAL ESTATE is free to use your communications and Content including, without limitation, any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including, without limitation, developing, manufacturing and/or marketing goods and services.
You agree not to assert any ownership right of any kind in your communications and Content (including, without limitation, copyright, trade-mark, patent, moral rights unfair competition or implied contract). You hereby waive the right to receive any financial or other consideration in connection with your communications and Content including, without limitation, acknowledgement of You as the source of such communications and Content.
You acknowledge that you, not HAZELTON REAL ESTATE, have full responsibility for your communications and Content including, but not limited to, its legality, reliability, appropriateness, authenticity and copyright ownership. You agree to pay for all royalties, damages and any other fees owing any third-party by reason of any posting and/or storage of Content by You on the Website.
HAZELTON REAL ESTATE may investigate, review or monitor Content that is posted and/or stored on the Website. However, HAZELTON REAL ESTATE is under no obligation to do so and will not assume liability or responsibility for any Content posted and/or stored by users on the Website. HAZELTON REAL ESTATE has the right to refuse, move or remove any Content that is posted and/or stored by users on the Website without notice, without cause and for any reason. HAZELTON REAL ESTATE may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at HAZELTON REAL ESTATE’s discretion, HAZELTON REAL ESTATE will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website.
You expressly understand and agree that:
a) The Content and the Links are provided for informational purposes only and should not be relied upon as professional advice or as a guarantee or warranty in respect of a real estate purchase or sale.
b) The Website, the Contents and the Links are provided on an “AS IS” and “AS AVAILABLE” basis.
c) Any use of, or reliance on, the Website, the Contents and/or the Links is at your sole risk.
d) HAZELTON REAL ESTATE, ITS FRANCHISEES, BROKERS AND SALES PEOPLE DO NOT MAKE ANY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE CONTENT AND/OR THE LINKS INCLUDING, WITHOUT LIMITATION:
- Warranties or conditions of title and non-infringement;
- Implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose and suitability for a particular purpose;
- Warranties or conditions that the content will be useful or meet your requirements or expectations, that the content will be available, uninterrupted, timely, secure, error-free, or free of defects, computer viruses or other harmful components or that the results that may be obtained through use of the website will be complete, accurate or reliable;
- Warranties or conditions as to privacy or security; and
- Warranties or conditions arising fromusage of services, website or content.
The Website and the Content are made available to you for informational purposes only and are not intended to be a substitute for professional advice, assessment and evaluation. The Website and the Content should not be relied upon as the sole basis for making a real estate purchase or selling decision.
HAZELTON REAL ESTATE, its franchisees, brokers and sales people are not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content. You agree that all risk associated with your use of, or reliance on, any Content rests with you. You further agree that HAZELTON REAL ESTATE, its franchisees, brokers and sales force shall not 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 of, or reliance on, any Content.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL HAZELTON REAL ESTATE, ANY OF ITS FRANCHISEES, BROKERS, SALES PEOPLE, AFFILIATES, SUBSIDIARIES OR LICENSORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE WEBSITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, ANY CONTENT OR ANY LINKS OR FAILURE OF THE WEBSITE OR ANY LINKS (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE, ANY CONTENT OR ANY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE OR ANY LINKS). THESE LIMITATIONS APPLY EVEN IF THE PARTY LIABLE OR ALLEGEDLY LIABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
You represent and warrant that:
- You are an individual and over the age of maturity in the jurisdiction in which you are resident.
- You are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal.
- The posting and/or storage of your Content on the Website does not violate the privacy rights, publicity rights, trade-mark rights, copyrights, contract rights or any other rights of any third party.
You agree to defend, indemnify and hold harmless each of HAZELTON REAL ESTATE, its franchisees, brokers, sales staff, affiliates, subsidiaries and licensors and each of their respective directors, officers, employees, and agents, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to:
- Your access to, use of or reliance on the Website and/or any of the Content, and/or any of the Links; or
- Your communications or dealings with any third parties mentioned on the Website.
- Changes to the Website
HAZELTON REAL ESTATE may, at any time without notice or liability, and for any reason whatsoever, change, suspend or terminate any aspect of the Website including, without limitation, any of the Content and any of the Links. HAZELTON REAL ESTATE reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice or liability, but does not have a duty to do so.
- Choice of Law
You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Links shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to conflict of law principles. HAZELTON REAL ESTATE and you each agree to submit to the exclusive jurisdiction of the courts of the Province of British Columbia and to waive any objections based upon venue.
You acknowledge and agree that HAZELTON REAL ESTATE may, at any time without notice, in its sole and absolute discretion and without cause, suspend or terminate:
- a) your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Links; or
- b) any of your registrations or subscriptions with the Website.
Upon suspension or termination, HAZELTON REAL ESTATE may remove and discard any Content related to you or your use of the Website and you must discard any link you maintain from your website to the Website. You agree that HAZELTON REAL ESTATE will not be liable to you or any other individual or entity as a result of any such suspension or termination.
Current Version: 1.7
Date of publishing: 17th day of March 2017
- Notices to HAZELTON REAL ESTATE
HAZELTON REAL ESTATE INC. BROKERAGE
Address: 158 Davenport Rd. 2nd Floor, Toronto, ON, M5R 1J2
Phone: (416) 924-3779