TERMS OF USE

LAST UPDATED: April 9, 2016

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

IMPACT Real Estate Corporation, its affiliates and their successors and assigns (collectively referred to as "IREC") make this web site (the "Site") available to you subject to these Terms of Use.

1. YOU

For the purposes of these Terms of Use, the word "you" means the individual accessing the Site, and, if applicable, includes any other legal entity on behalf of which an individual is accessing the Site. As an individual, you agree not to access the Site on behalf of any other legal entity unless you have the authority to bind that legal entity to these Terms of Use.

    1.2 You represent and warrant that:
  • you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside; and
  • your use of the Site will not violate any applicable law or regulation in the province, state, territory or country from which you are accessing the Site.

If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not use the Site unless your parent or guardian enters into these Terms of Use on your behalf and consents to your use of the Site.

2. ACCEPTANCE OF TERMS

By using the Site, you agree, without limitation or qualification, to be bound by and to comply with these Terms of Use. If you do not agree, without limitation or qualification, to be bound by and to comply with these Terms of Use, discontinue using the Site.

Please note, before being allowed to access certain features of the Site or participate in certain activities being run via the Site, you may be required to: (i) register as "User" of the Site; and (ii) confirm your acceptance of these Terms of Use by placing a checkmark in the "I AGREE" box on the registration page. If you disagree with any term or condition of these Terms of Use, do NOT place a checkmark in the "I AGREE" box and discontinue using the Site.

Please note, certain services and activities available through the Site may require you to agree to further terms and conditions. Unless such terms and conditions expressly set out otherwise, if there is any inconsistency between those terms and conditions and these Terms of Use, these Terms of Use shall prevail.

IRES suggests that you print or save a local copy of these Terms Use for your future reference.

If IRES provides you with a translation of these Terms of Use and there is any inconsistency between the English version and the translated version, the English version shall prevail.

If IRES believes that you have breached these Terms of Use, IRES reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site and terminate any licenses granted to you pursuant to these Terms of Use without prior notice and without liability.

3. SIGNING UP FOR CERTAIN FEATURES OR ACTIVITIES

When signing up to access certain features of the Site or participate in certain activities run via the Site, you represent and warrant that any information you provide about yourself is true and that you will maintain and promptly update such information to keep it true and current. If IRES has reasonable grounds to suspect that such information is untrue or inaccurate, IRES has the right to suspend or terminate your access to and use of the Site or any portion thereof. IRES's use of any personally identifying information that you provide is governed by the terms of the Ignition Real Estate Solutions Online Privacy Practices.

If you are given a username and/or a password for the purpose of accessing certain features of the Site or participating in certain activities run via the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform IRES immediately. IRES cannot and will not be liable for any loss or damage arising from IRES's failure or your failure to protect your username or password information.

You will be asked to suggest one or more usernames when you register with the Site. Please note that the assignment of a username to you is in IRES's sole discretion. As well, IRES may, at any time, change any username or password assigned by IRES to you. IRES will notify you when it does so.

4. USE OF THE SITE

Except as expressly permitted in section 4.3, you may use the Site only for your own personal, non-commercial use.

    You will not:
  • Use the Site or any service or tool provided on the Site for a commercial purpose;
  • seek to gain access to any portions of the Site you are not authorized by IRES to access;
  • use the Site to impersonate or falsely state or otherwise misrepresent your affiliation with any person or entity including but not limited to IRES;
  • use the Site to either directly or indirectly interfere with, disrupt or damage the Site, the server(s) on which it hosted, the networks connected to them or any other user's access to the Site;
  • access the Site through any automated means (for example, bots or web crawlers);
  • access services or tool made available on the Site using an interface other than the one made available on the Site by IRES;
  • adapt, translate, modify, decompile, disassemble, or reverse engineer any aspect of: (i) the Site; (ii) any software or technology used in connection with the Site; or (iii) downloaded from the Site;
  • violate any applicable local, provincial, state, national or international law or regulation (including any laws relating to the export of data or software); or
  • collect or store personally identifying information about other users of the Site for any purposes unrelated to the Site or that are illegal or unlawful.

5. PRIVACY

Please note that IRES controls the Site from within Canada, and the Site is hosted in Canada and the United States of America.

IRES's use and disclosure of any personal information about you that it collects in association with the Site is subject to IRES's Online Privacy Practices, which is available at Privacy Policy. You have read the privacy policy and consent to the use of your personal information as described therein.

IRES reserves the right to communicate with you regarding your use of the Site. You consent to IRES' use of any contact information that you provide to IRES in doing so. The content included in any such communication is deemed to be Content made available on the Site by IRES.

6. SUBMITTING CONTENT

The contents of the Site, including any and all information, content, links, reports, data, databases, tools, e-mail, code, photographs, pictures, video, postings, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names, or other materials contained on or in the Site is the "Content". The Content includes materials contributed to the Site by or on behalf of IRES (the "IRES Content").

You may retain a copy of any Content forming part of the Site solely for your personal use and records, provided that any marks, logos or other legends that form part of that Content are not removed from the copy. Otherwise, all rights in and to any item of Content are reserved by the contributor of that item. Consequently, you may not modify, publish, display, transmit, adapt, sell, license or in any way exploit any item of Content that you did not contribute, without the express prior permission of the contributor of that item.

7. DISCLAIMER REGARDING THIRD PARTY CONTENT AND LINKED SITES

IRES may provide links to resources not forming part of the Site. IRES has no control over such resources. You acknowledge and agree that IRES is not responsible for the availability of such external resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such resources. You further acknowledge and agree that IRES will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such resource.

While IRES encourages links to the Site, it does not wish to be linked to or from any third-party website which (i) contains, posts or transmits any unlawful, threatening, abusive, defamatory, libellous, obscene or indecent information of any kind; (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or which is protected by copyright, trade-mark or other proprietary rights. IRES reserves the right to prohibit or refuse to accept any link to the Site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Site upon the request of IRES.

Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties accessible on or via the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or other third parties. You agree that IRES will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or other third parties on the Site. Please note, if you provide any information to a third party (e.g., your contact information or credit card information), such information is collected by the third party and not by IRES, even if you made a purchase from a third party web site that was linked from or framed within the Site.

8. WARRANTIES

THE SITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WITHOUT LIMITING SECTION 8.1, IRES SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS WITH RESPECT TO THE SITE, ANY CONTENT OR OTHERWISE ARISING FROM THESE TERMS OF USE INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SITE OR CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    Without limiting sections 8.1 and 8.2, IRES does not warrant that the Site or any Content:
  • will be available at all times;
  • will operate without errors;
  • defects or errors in the Content will be corrected;
  • will be accessible regardless of the hardware or software that you wish to employ to access it;
  • is absolutely secure, notwithstanding IRES's use of commercially reasonable efforts to secure it; or
  • is free from viruses or other harmful code.

Without limiting sections 8.1 and 8.2, IRES does not warrant that communications made using any tools available through the Site will be absolutely secure.

All exclusions of responsibility or liability set out in these Terms of Use are made to the fullest extent permitted by law.

Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty may last. If any jurisdiction having applicability to these Terms of Use does not permit any such exclusion or limitation, IRES's total liability to you in connection with any breach of such a warranty will be subject to section 9.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL IRES ITS REPRESENTATIVES OR ITS SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE SITE, ANY CONTENT, ANY USER CONTENT OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS DATA, EVEN IF IRES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON.

IN NO EVENT WILL IRES, ITS REPRESENTATIVES SUPPLIERS, CUSTOMERS or AFFILIATES BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. FURTHERMORE, IRES EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE SITE OR ANY SPONSOR OR ADVERTISER OF THE SITE.

WITHOUT LIMITING SECTIONS 9.1 or 9.2, THE LIMIT ON THE TOTAL CUMULATIVE LIABILITY OF IRES (INCLUDING THEIR REPRESENTATIVES AND SUPPLIERS) TO YOU OR ANY PERSON, FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SITE, ANY CONTENT OR THESE TERMS OF USE, WILL NOT EXCEED $500.00.

The limitations in section 9.1, 9.2 and 9.3 will apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and will survive a fundamental breach or failure of essential purpose of any limited remedy or these Terms of Use.

Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to these Terms of Use does not permit any such exclusion or limitation, IRES's total liability to you in connection with any incidental, special or consequential damages will be limited by section 12.3.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to the Site, any Content, any User-generated Content or these Terms of Use must be filed within one year after such claim or cause of action arises or be permanently barred.

10. INDEMNITY

You agree to indemnify IRES (and its representatives and suppliers) and hold them harmless from any and all claims and expenses, including attorney's fees, arising from or relating to: (i) any information provided by you that you contribute to the Site; (ii) your use or misuse of the Site or any Content; (iii) any breach by you of any of these Terms of Use; and (iv) any breach by you of any law or regulation or any rights of any third party.

11. CHANGES TO THESE TERMS OF USE

IRES may change these Terms of Use from time to time and at any time.

IRES reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its name. IRES may change the Site without prior notice to you.

12. VIOLATIONS OF THESE TERMS OF USE

Should you violate these Terms and Conditions or any other rights of IRES, IRES reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, restricting, suspending or terminating your access to all or any part of the Site. .

If you are aware of any violations of these Terms of Use, please report them to:

#446 35 Richard Ct SW, Calgary AB T3E 7N9
Attention: Compliance

Fax: 403.476.5350
Email: dave@rightagent.ca

Please put "Notice of Violation" in the subject line of all such notifications and include in each such notice a reasonably detailed description of the alleged violation. .

13. TERM AND TERMINATION

These Terms of Use will continue in effect for as long as you use the Site, unless specifically terminated earlier by IRES. IRES may terminate its agreement with you if: (i) you breach any of these Terms and Conditions or clearly intend to do so; (ii) IRES is required to do so by law; or (iii) IRES is no longer making the Site available in the jurisdiction from which you access it.

Upon the termination or expiration of these Terms of Use, you will stop using the Site and all Content.

14. OTHER

These Terms of Use constitute the complete and exclusive agreement between you and IRES with respect to its subject matter, and supersede and replace any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding its subject matter.

No term of the Terms of Use will be deemed to be waived by reason of any previous failure to enforce it. No term of the Terms of Use may be waived except in a writing signed by the party waiving enforcement.

Should any provision of these Terms of Use be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.

The Terms of Use will not establish any relationship of partnership, joint venture, employment, franchise or agency between IRES and you. Neither IRES nor you will have the power to bind the other or incur obligations on the others behalf without the others prior written consent, except as otherwise expressly provided in these Terms of Use.

The Terms of Use will be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein, without reference to the conflict of laws provisions. You agree to attorn to the jurisdiction of the courts of the Province of Alberta for the conduct of any legal proceedings under, or related to, the Terms of Use.

Except as expressly provided otherwise in the Terms of Use, IRES will not be liable for any failure or delay in its performance under the Terms of Use due to any cause beyond its reasonable control.

IRES may assign these Terms of Use, in whole or in part, at any time with or without notice to you.

The headings used in these Terms of Use are for convenience of reference only and have no legal or contractual significance. No provision of these Terms of Use will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout these Terms of Use, the term "including" or the phrases "e.g.," or "for example" have been used to mean "including, without limitation".

By accessing this website, you are agreeing to accept the terms and conditions and Privacy Policies contained herein. If you do not agree with these terms and conditions and Privacy Policies, you must not access or use this website or any of the materials displayed on it. Your continued access or use of this website will constitute your unconditional acceptance of these terms and conditions and Privacy Policies.

All data and information provided on this site is for informational purposes only. The owners and contributors make no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis.