TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER WEBSITE RELATED TO RealEstateSMI.COM.

By using the information contained in this website or any other website owned, operated, licensed, affiliated or controlled by RealEstateSMI.COM, you signify that you agree to these terms of use. RealEstateSMI.com reserves the right to change, modify, add, or delete portions of these terms at any time. Continued use of this site or any other RealEstateSMI.COM website following the posting of such changes to the terms of use will indicate that you accept those changes. RealEstateSMI.com gathers information from potential home buyers/sellers. All incentives such as a $500.00 CDN discount on moving fees or a $500.00 CDN notary fee discount are only redeemable if a home transaction is completed such as buying or selling a house through a RealEstateSMI.com affiliated real estate agent.

RESTRICTIONS ON USE OF MATERIALS

Unless otherwise noted, all materials, including images, illustrations, icons, photographs, and written and other materials that are part of this website or any other RealEstateSMI.com website are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by RealEstateSMI.com. No information from this website or any other RealEstateSMI.com website may be copied, reproduced, framed, hyperlinked, republished, uploaded, posted, transmitted, or distributed in any way, provided, however, you may download, where specifically permitted, a copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Alteration of the information or use of the materials for any other purpose is a violation of RealEstateSMI.comS copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other website or networked computer is prohibited. All trademarks and trade names are the exclusive property of RealEstateSMI.com.

INFORMATION PROVIDED ON SITES; NO PROFESSIONAL ADVICE

The information contained on this website is provided by RealEstateSMI.com as an aid for users. Although RealEstateSMI.com strives to provide the most accurate and reliable information, we cannot and does not guarantee the accuracy, sufficiency, completeness, correctness or timeliness of such information. You are responsible for confirming the accuracy and reliability of all information provided on the Sites prior to making any decisions based on such information. The information appearing on this site is intended solely as general guidance on real estate purchases and does not constitute legal, tax, accounting or any other professional advice. Real estate agreements, closing procedures and required disclosures are governed by laws that vary from jurisdiction to jurisdiction and you should obtain professional advice from qualified individuals prior to entering into any real estate transactions.

FORUMS AND PUBLIC COMMUNICATION

You shall not upload to, distribute through, or otherwise publish through a forum on this website or any other RealEstateSMI.com website any content which is offensive, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. It is our policy to respect the privacy of all guests. Therefore, subject to the terms of the RealEstateSMI.com privacy statement, in general, we will not disclose the contents of a guest's e-mail unless required in the course of normal maintenance of this website or any other RealEstateSMI.com website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on RealEstateSMI.com; (2) protect and defend the legitimate business interests, rights or property of RealEstateSMI.com, it's users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.

NO WARRANTIES OR REPRESENTATION

THIS SITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO RealEstateSMI.com, ITS OWNERS, EMPLOYEES , REPRESENTATIVES AND ITS AFFILIATES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USE OF THIS SITE IS AT YOUR OWN RISK.

GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the province of Quebec, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of Canada and/or the provincial courts of Quebec and jurisdiction therefore shall rest solely in Quebec.

CONSENTS AND WAIVERS

The failure of RealEstateSMI.com at any time to require, insist upon or enforce performance of any provision hereof shall not be construed as a waiver or affect its right at a later time to enforce the same. No waiver by a Party of any condition or any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver of any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.

IDEMNIFICATION

You agree to indemnify, defend and hold harmless Destiny Fulfillment Inc. DBA RealEstateSMI.com, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this website.

FORCE MAJEURE

RealEstateSMI.com shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including but not limited to acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, power or other essential services, or interruption or termination of service by the Internet access service being used by realestateagents.com to link its servers to the Internet.

NOTICES

All notices required under this Agreement shall be in writing and shall be made either by conventional mail, overnight courier, or other commercial delivery services. RealEstateSMI.com may also broadcast notices or messages through the Site to inform you of changes to this Agreement, a Service, or other matter.

LINKS TO OTHER WEBSITES

RealEstateSMI.com contains links to third-party websites. These links are provided exclusively as a convenience to you and do not constitute endorsement or approval by RealEstateSMI.com of the content on such third-party websites. RealEstateSMI.com is not responsible for the content of linked third-party sites, which could be considered offensive by certain readers. RealEstateSMI.com does not make any representations regarding the content or accuracy of materials on such third-party websites. Accessing a linked third-party website is done at your own risk. Use of third-party websites may also be subject to the terms and conditions of use of such sites. The use of a hyperlink is not an endorsement of a company, product, or opinion. The use of the hyperlink does not imply that RealEstateSMI.com agrees with the content being linked to and we do not guarantee that the content contains accurate information. RealEstateSMI.com has no obligation to link to any site.

INTELLECTUAL PROPERTY (Trademarks and Copyrights)

Unless otherwise indicated, RealEstateSMI.com owns all copyrights in the materials on this site. Any redistribution, resale, retransmission, or publication of the copyrighted material posted on this site is strictly prohibited without the express written consent of RealEstateSMI.com. You agree not to change or delete any proprietary notices including copyright and trademark symbols or other notices from materials downloaded from RealEstateSMI.com.

RealEstateSMI.com, the distinctive look and feel, GIF, JPEG, graphic and icon designs on this site are trade names, trademarks and/or service marks of RealEstateSMI.com and are protected by provincial, federal, and international law. Any other marks used on this Site are the property of their respective owners. Nothing in this Agreement shall be construed as conferring on any third party, by implication, or otherwise, a license or right under any copyright, patent, or trademark owned by RealEstateSMI.com.

Third-party websites may use the RealEstateSMI.com logo by obtaining written consent from RealEstateSMI.com, and agree to use the logo or mark in conformance with RealEstateSMI.comís Linking Agreement.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RealEstateSMI.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RealEstateSMI.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RealEstateSMI.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  2. RealEstateSMI.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RealEstateSMI.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.