Website User Agreement

REALTA® A TRADE MARK OF 9120-1202 QUÉBEC INC. (REFERRED TO AS “REALTA”) WELCOMES YOU TO ITS WEBSITE REALTA.ca (the “Website”). YOU MUST CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING SINCE YOUR ACCESS TO THE WEBSITE IS SUBJECT TO THIS AGREEMENT.

Your Acceptance of this Agreement. This is an Agreement between you and REALTA regarding your access to and use of the Website and all content, information, products and services available on or through the Website. Each time you use the Website you signify your acceptance and agreement to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, you should not access or use this Website.

Ownership and Copyright. You acknowledge that any and all material, information in text, graphical, video and audio forms, images, reports, articles, publications, data, databases, charts, graphics, photographs, illustrations, maps, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this Website (collectively, the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of REALTA or its respective owners, as the case may be and, are protected under Canadian and international copyright, trade-mark and other applicable laws. You do not acquire ownership rights or any implied right to any Content obtained through this Website and the posting of information or materials on the Website does not constitute a waiver of any rights in such information, materials and Content. Some of the material posted on the Website such as articles and other documents express the views of their respective authors, which may not be the views of REALTA, its employees, directors, officers or partners.

Permitted Uses. REALTA hereby grants you a personal, limited, revocable, non-transferable and non-exclusive license to access, read and download the Content located in the publicly-accessible portions of the Website for personal, non-commercial and not-for-profit use only. The Website is made available to you for your lawful, personal use only. You may print Website pages and create your own database of interested listings for your personal, non-commercial use only provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. Other than as specifically described above, the Website and its Content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, merged with other data, mirrored or distributed in any way, in whole or in part, without the express prior written consent of REALTA.

REALTA may employ the use of third party applications on the Website. Your use of these third party applications is subject to their respective Terms of Use, Privacy Policy and other policies.

Prohibited Uses. You may not, nor may you allow others to, directly or indirectly: (i) remove from any copy of the Content, the copyright or other proprietary notices contained in the Content; (ii) sell, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any Content for any public, commercial or non-personal purpose, including without limitation use of the Content on any other website; (iii) use this Website in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Website or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Website; or (iv) disrupt or interfere with any other person’s use or enjoyment of this Website or affiliated or linked sites, or any services thereof. You may also not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Website, and that you will comply with all laws that apply or may apply to use of or activities on this Website or in respect of the Content. REALTA will investigate occurrences which may involve violations of such laws and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Changes to the Agreement. REALTA reserves the right, from time to time, in its sole discretion, to change, supplement or amend any part of this Agreement as it relates to your future use of the Website, for any reason, and without any prior notice or liability to you or any other person. The latest Agreement will be posted on this Website, and you are responsible for periodically reviewing the Agreement prior to using the Website. If any term, condition or any change there to is not acceptable to you, you must discontinue your use of this Website immediately. Access to this Website or use of this Website after any amendments have been posted shall constitute your acceptance of the amended terms and conditions. You may not change this Agreement in any manner.

No Linking, Framing, Mirroring, Scraping or Data-Mining. Links to this Website without the express written permission of REALTA are strictly prohibited. To request permission to link to the home page of the Website, please send an e-mail to [email protected] REALTA may in its discretion cancel and revoke any permission it may give to link to the home page of the Website at any time and without any notice or liability.

The framing, mirroring, scraping or data-mining of this Website or any of its Content in any form and by any means is also strictly prohibited.

Communication Using the Website. This Website may provide features that allow you to post messages and content, to interact with other users through a forum, board services, chat areas, new groups and to upload files, documents or other materials. When using any of the features of the Website which allow you to post, upload or make submissions, it is a condition of your use of this Website that you agree not to:

post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;

post or transmit any submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

delete or revise any content posted by any other person or entity;

post or submit any submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

post or transmit any submission which contains a virus or other harmful component, or provides or creates computer viruses;

post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or

use the Website for commercial purposes, including, without limitation, posting, uploading or transmitting any submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter and/or advertising.

By posting or uploading submissions to this Website, you grant REALTA a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such submissions for any purpose. In addition, you hereby (i) agree to waive all moral rights in any submission in favour of REALTA; (ii) consent to your name, address and e-mail appearing as the contributor of any submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a submission; (iii) acknowledge and agree that REALTA is not responsible for any loss, damage, or corruption that may occur to your submissions; and (iv) acknowledge and agree that any submissions you provide for display on this Website will be considered non-confidential.

REALTA may review submissions before they are posted and may refuse to post any submission to this Website. REALTA reserves the right, in its sole discretion, to edit or remove any submission. You acknowledge and agree that REALTA may, in its sole discretion, monitor this Website periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate this Website properly or to protect itself or other users of the Website. Any such disclosure shall be in accordance with REALTA’ Privacy Policy.

REALTA is not responsible for the content of any submission. Submissions represent the views and opinions of the person(s) posting the submission and do not represent the views or opinions of REALTA, its directors or officers.

Trade-mark Information. REALTA.CA™, REALTA® and other marks and logos appearing on the Website are registered and unregistered trade-marks, Other product and company names and logos appearing on the Website may be registered or unregistered trade-names or trade-marks of their respective owners. Any use of the trade-names, trade-marks, and logos (collectively “Marks”) displayed on the Website is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Website.

Privacy Policy. REALTA may in its discretion monitor your use of the Website. REALTA collects, uses and discloses personal information in accordance with its Privacy Policy, which is incorporated by reference into this Agreement and available by clicking here. This Privacy Policy may be changed by REALTA from time to time, in its sole discretion, without notifying or being liable to you or any other person by making an amended Privacy Policy accessible through the Website. Each time you use the Website, you consent to the collection, use and disclosure of your personal information by REALTA according with the Privacy Policy as it then reads.

Other Sites. While this Website may contain links to third party sites, REALTA is not responsible for the content of any linked sites. REALTA provides these links only as a convenience and which are not under the control of REALTA. REALTA makes no representation or warranty regarding, and does not endorse, any linked websites, the information or any of the products or services appearing, available or described thereon. Links do not imply that REALTA sponsors, endorses, is affiliated or associated with, or is legally authorized to use any content displayed in or accessible through the links. When you access such sites, you are doing so at your own risk and you should abide by the terms and conditions of use of the third party sites.

Contests. From time to time REALTA may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.

DISCLAIMER AND LIABILITY EXCLUSIONS. REALTA makes reasonable efforts to ensure that the general Content it provides to the Website is accurate and reliable. HOWEVER, THIS WEBSITE AND ITS CONTENT ARE NOT TO BE CONSTRUED AS A FORM OF PROMOTION. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, VERACITY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE ALL OF WHICH ARE DISCLAIMED BY REALTA AND REALTA’S SERVICE PROVIDERS OR SUPPLIERS TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT WILL REALTA, ITS AFFILIATES, MANDATORIES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND EXEMPLARY DAMAGES OR LOSSES, HOWSOEVER CAUSED, ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, OR RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY WEBSITES, THIRD-PARTY CONTENT, PRODUCTS OR SERVICES, THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT UNDER ANY THEORY OF LIABILITY (WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING AND FUNDAMENTAL BREACH BY REALTA OR ANY PERSON FOR WHOM REALTA IS RESPONSIBLE EVEN IF REALTA OR ANY OF ITS LAWFUL MANDATORIES OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

REALTA ASSUMES NO OBLIGATION TO UPDATE THE CONTENT OF THIS WEBSITE AND REALTA IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.

Indemnity. You agree at all times to indemnify, defend and hold harmless REALTA, its affiliates, mandatories, suppliers, service providers and their respective directors and employees (collectively, the “Indemnified Parties”) from and against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Indemnified Parties directly or indirectly in respect of your use of the Website and Content in breach of this Agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand.

Termination of this Agreement and the Website. If you breach any provision of this Agreement, we may prohibit you from using this Website. REALTA may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Website or any part of it, including i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Website; ii) removing, adding, modifying or otherwise changing any Content on this Website. REALTA reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Website at any time without notice, but confirms that it has no obligation to do so.

If this Agreement or your permission to use this Website is terminated by you or us for any reason, then (a) this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of this Website and anything connected with, relating to or arising from that use; and (b) we may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time. Sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 16 survive indefinitely after the termination of this Agreement.

Governing Laws. This Website is controlled, operated and administered by REALTA from its offices located in Montréal, Québec, Canada. This Agreement will be governed by the laws of the province of Québec and the federal laws of Canada and shall be treated in all respects as a Québec contract, without reference to the principle of conflicts of law. In the event of a dispute arising from, connected with or relating to the Website and this Agreement, you irrevocably agree to submit and attorn to the exclusive jurisdiction of the Courts of Québec sitting in the city of Montréal. You agree not to export any of the Content accessible through this Website in violation of applicable export laws and regulations.

Contact Us. If you have any comments or questions about this Agreement or your use of the Website, please contact REALTA at [email protected]

Other Matters. This Agreement, as it may be amended from time to time and any and all other legal notices and policies on this Website, constitute the entire Agreement between you and REALTA with respect to the use of this Website and the Content.

Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without effecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provisions in any other jurisdiction.

This Agreement shall enure to the benefit of and be binding upon you and REALTA and our respective successors and permitted assigns.

Any rights not expressly granted by this Agreement are reserved to us.

It is at the request of the parties that this Agreement and all other related documents are written in the English language; C’est à la demande des parties que la présente entente et tous les documents s’y rapportant sont rédigés en anglais.