Agreement between you and HomeLife


Acceptance of terms

HomeLife® Realty Services Inc. ("HomeLife") provides numerous services to its members, including a collection of online resources, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms". By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular HomeLife services, you agree to abide by any applicable posted guidelines for all HomeLife services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THE WEBSITE.

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Modifications to this agreement

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

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Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that HomeLife does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that may be offensive, inaccurate, misleading, or otherwise objectionable. Furthermore, the HomeLife website and Content available through the Service may contain links to other websites, which are completely independent of HomeLife and the Service.

HomeLife makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will HomeLife be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that HomeLife does not pre-screen or approve Content, but that HomeLife shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

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Third party content, websites, and services

The HomeLife website and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of HomeLife and the Service, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Your relationship with other individuals, entities, or organizations shall be governed by the terms and use policies of those websites as well.

You agree that HomeLife shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this website, or between users and any third party, you understand and agree that neither HomeLife nor the Service is under any obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release HomeLife, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.

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Notification of claims of infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify HomeLife agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at

HomeLife@HomeLife.com

or Attn:
Louis C. Eliopulos
Senior Vice President
HomeLife Realty Services Inc.
28 Drewry Avenue
Toronto, ON

Please provide us with the following Notice:

a) Identify the material on the HomeLife website that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.

HomeLife will remove the infringing postings once we have reviewed your notice and determined its accuracy.

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Privacy and information disclosure

HomeLife has established a Privacy Policy to explain to users how their information is collected and used. It is located at

http://www.homelife.com/policy.html

Your use of the HomeLife website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that HomeLife may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; (e) protect the rights, property, or personal safety of HomeLife, its users or the general public.

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Conduct

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, scandalous, inflammatory, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic, profane, lascivious, or obscene in nature;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a HomeLife employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, or misinformative;
g) that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of HomeLife's websites which are not designated for such purposes; or emailed to the Service users who have not indicated in writing that it is acceptable to contact them about other services, products or commercial interests.
j) that includes links to commercial services or websites, except as allowed in "services";
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Canadian law;
l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

o) contact anyone who has asked not to be contacted;
p) "stalk" or otherwise harass anyone;
q) collect personal data about other users for commercial or unlawful purposes;
r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by HomeLife;
s) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
t) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
u) attempt to gain unauthorized access to HomeLife's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the HomeLife website; or
v) use any form of automated device or computer program that enables the submission of postings on HomeLife's website without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

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No spam policy

You understand and agree that sending unsolicited email advertisements to HomeLife email addresses or through HomeLife computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Canada. Any unauthorized use of HomeLife computer systems is a violation of these Terms and certain federal and provincial laws.

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Limitations on service

You acknowledge that HomeLife may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that HomeLife has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that HomeLife reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that HomeLife shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

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Access to the service

HomeLife grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by HomeLife. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

Use of the Service beyond the scope of authorized access granted to you by HomeLife immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from HomeLife.

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Termination of service

You agree that HomeLife, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if HomeLife believes that you have acted inconsistently with the letter or spirit of the Terms even if HomeLife is misinformed or relies on unverified information or data. Further, you agree that HomeLife shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 of this agreement shall survive termination of these Terms.

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Proprietary rights

This website is controlled and operated by HomeLife Realty Services Inc. All content on this website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trade-marks, service marks, and/or other intellectual property rights (which are governed by Canadian and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by HomeLife or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to HomeLife. Content on this website or any website owned, operated, licensed or controlled by the Providers is solely for your personal use and not for any commercial purpose or use.

You agree that You will not modify, copy, distribute, transmit, display, perform, reproduce, publish license, transfer, download, post, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the website, including, but not limited to the text, graphics, logos, photos, and audio and visual files, without express written permission from HomeLife. You may request consent in writing by sending it to the attention of Louis C. Eliopulos, Senior Vice President, HomeLife Realty Services Inc., 28 Drewry Avenue, Toronto, Ontario, Canada M2M 1C8. Without the prior written consent of HomeLife or the Providers, your modification of the content, materials, use of the content or materials on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of HomeLife and/or the Provider copyrights, trade-marks or service marks and other proprietary rights, and is prohibited. You may not use on your website any trade-marks, service marks or copyrighted materials that appear on this website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another website any of the content or other materials on this website without prior written consent of HomeLife.

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the website or the collective work, and/or copying or reproducing the websites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of HomeLife. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of HomeLife, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. The words HomeLife are a registered mark in the Canadian Intellectual Property Office.

Although HomeLife does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to HomeLife an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant HomeLife all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

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Disclaimer of warranties

THE LINKS IN THEWEB SITE WILL LET THE USER LEAVE HOMELIFE'S WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OR POSSESSION OF HOMELIFE, ITS AFFILIATES, EMPLOYEES, AND AGENTS. HOMELIFE SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITE LINKED TO THE WEBSITE. HOMELIFE IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THE WEBSITE IS AT YOUR OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY HOMELIFE OF THE LINKED SITE. YOU MAY NOT ESTALBLISH A HYPERLINK TO THIS WEB SITE OR PROVIDE ANY LINKS THAT STATE OR IMPLY ANY SPONSORSHIP OR ENDORSEMENT OF YOUR WEBSITE BY HOMELIFE OR ITS AFFILIATES OR PROVIDERS UNLESS HOMELIFE OR ITS AFFILIATES OR PROVIDERS HAVE AGREED AND CONSENTED TO SUCH LINKS IN WRITING.

YOU AGREE THAT USE OF HOMELIFE's WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE HOMELIFE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMELIFE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE HOMELIFE WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMELIFE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HOMELIFE WEBSITE OR THE WEBSITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE HOMELIFE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMELIFE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE HOMELIFE WEBSITE OR THE SERVICE.

FURTHER, NEITHER HOMELIFE, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE SHALL BE FREE OF ANY INTERRUPTION, ERROR, DEFECT, THAT DEFECTS SHALL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WHETHER KNOWN OR UNKNOWN. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. HOMELIFE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.

USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT THE SOLE RISK OF THE USER AND HOMELIFE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM, IF ANY. YOU EXPRESSLY AGREE THAT NEITHER HOMELIFE, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON AND/OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE. YOU FURTHER AGREE THAT HOMELIFE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT HOMELIFE, ITS AFFILIATES, ITS EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE OR RESPONSIBLE FOR WRONGFUL OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, YOU AGREE THAT HOMELIFE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. HOMELIFE RESERVES ALL RIGHTS AND APPLIABLE DEFENSES PERMITTED BY LAW

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Limitations of liability

UNDER NO CIRCUMSTANCES SHALL HOMELIFE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HOMELIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE HOMELIFE WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE HOMELIFE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE HOMELIFE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE HOMELIFE WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HOMELIFE WEBSITE OR THE SERVICE OR ANY LINKS ON THE HOMELIFE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HOMELIFE WEBSITE OR THE SERVICE OR ANY LINKS ON THE HOMELIFE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, YOU AGREE THAT HOMELIFE's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. HOMELIFE RESERVES ALL RIGHTS AND APPLIABLE DEFENSES PERMITTED BY LAW.

HOMELIFE SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEB SITE, EVEN IF HOMELIFE OR THE WEB SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEBSITE, SOFTWARE, OR RELATED INFORMATION, RECORDS OR PROGRAMS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, YOU AGREE THAT HOMELIFE's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. HOMELIFE RESERVES ALL RIGHTS AND APPLIABLE DEFENSES PERMITTED BY LAW.

AS A SERVICE TO ITS MEMBERS, HOMELIFE PERMITS ITS MEMBERS (REAL ESTATE AGENTS AND BORKERS) TO PUBLISH INFORMATION REGARDING THEMSELVES AND THEIR SERVICES ON THEIR WEBSITES LINKED TO THE WEBSITE, BUT HOMELIFE IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY THE REAL ESTATE AGENTS OR OTHERWISE THROUGH THE WEBSITE. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THEIR WEBSITES OR THE WEBSITE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT THEY MAY OBTAIN FROM THIS WEBSITE, THE WEB OR ANY OTHER WEBSITE LINKED TO THE WEBSITE IS FREE OF ALL ERRORS AND/OR MISTATEMENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS TO ENSURE THAT ANY CONTENT THEY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR ANY OTHER DESTRUCTIVE PROGRAMS OR CODE.

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Indemnity

You agree to indemnify and hold HomeLife, its directors, officers, employees, agents, subsidiaries, affiliates, successors, assigns, Providers and suppliers, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

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General information and venue for legal claims

Unless otherwise specified, the content and information contained in this Website is presented solely for your convenience and/or information. The Terms constitute the entire agreement between you and HomeLife and govern your use of the Service, superceding any prior agreements between you and HomeLife. The Terms and the relationship between you and HomeLife shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of law provisions. This Website is controlled and operated by HomeLife through a third party located within Alberta. HomeLife makes no representation that content in its website is appropriate or available for use in other locations. By use of this website You agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario, Canada. Any action You, any third party or HomeLife initiates to enforce these Terms, or in connection with any matters related to this Website, shall be brought only in the Provincial or Federal courts located in Ontario, Canada and You expressly consent to the jurisdiction of said courts. If any action is brought in any other Court outside of Ontario, Canada You agree You shall be liable for all attorney fees and legal costs involved in transferring the action to Ontario, Canada for litigation. The failure of HomeLife to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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Third party rights pertaining to our website

These Terms are for the benefit of HomeLife, its officers, directors, employees, affiliates, agents, licensors, Providers and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against You on its or their own behalf.

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Violation of terms and liquidated damages

Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to:
HomeLife@HomeLife.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for HomeLife to pursue legal action to enforce these Terms, you will be liable to pay HomeLife the following amounts, in Canadian funds, as liquidated damages, which you accept as reasonable estimates of HomeLife's damages for the specified breaches of these Terms:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay HomeLife one thousand dollars ($1,000.00) for each such message.
b. If HomeLife establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay HomeLife one hundred dollars ($100.00) for each message posted in excess of such limits or for each day on which you access HomeLife in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to HomeLife email addresses or through HomeLife computer systems, you agree to pay HomeLife twenty five dollars ($25.00) for each such email.
d. If you post messages in violation of these Terms of Use, other than as described above, you agree to pay HomeLife one hundred dollars ($100.00) for each such message. In its sole discretion, HomeLife may elect to issue a warning before assessing damages.
e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without HomeLife's express written permission, you agree to pay HomeLife three thousand dollars ($3,000.00) for each day on which you engage in such conduct.
f. If you infringe on HomeLife's trade-marks, copyrights, or proprietary material, you agree to pay HomeLife ten thousand dollars ($10,000.00) for each day on which you engage in such conduct.

Otherwise, you agree to pay HomeLife's actual damages, to the extent HomeLife's damages can be reasonably calculated. Notwithstanding any other provision of these Terms, HomeLife retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

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