Terms of Use

PropTx VOW Terms of Use

This website is a Virtual Office Website ("VOW") operated by CATHERINE KONG (the "Member") under agreement with PropTx Innovations Inc. ("PropTx"), the MLS® System operator for the Toronto Regional Real Estate Board ("TRREB"). The following Terms of Use are reproduced from Appendix B of PropTx's VOW requirements. In these Terms of Use, "Consumer" means you, the user of this website. By registering your email address, signing in, or otherwise accessing listing information on this website, you confirm that you have read these Terms of Use and agree to be bound by them.

Appendix B

Minimum Terms of Use contents to be included in Member VOW as per PropTx's MLS® Rules and Policies.

A Member's VOW must obtain the identity of each Consumer and obtain each Consumer's agreement to Terms of Use of the VOW, as follows:

1. Consumers must provide their name and a valid email address. The Member must send an email to the address provided by the Consumer confirming that the Consumer has agreed to the Terms of Use (described in paragraph 7(c) below). The Consumer may be permitted to access the VOW only after the Member has verified that the email address provided is valid and that the Consumer agreed to the Terms of Use.
2. The Consumer must supply a username and a password, the combination of which must be different from those of all other Consumers on the VOW, before being permitted to search and retrieve Listing Information via the VOW. The username and password may be established by the Consumer or may be supplied by the Member, at the option of the Member. An email address may be associated with only one username and password. Consumers' passwords may be valid for up to 90 days, after which such passwords must be renewed or reconfirmed. The Member must, at all times, maintain a record of the name and email address supplied by the Consumer, and the username and current password of each Consumer. Such records must be kept for not less than 180 days after the expiration of the validity of the Consumer's password. If PropTx has reason to believe that a Member's VOW has been the cause of, or permitted a breach in, the security of the MLS® data or a violation of this VOW Policy, or the MLS® Rules and Policies (including the VOW Rules) related to use by one or more Consumers, the Member shall, upon request of PropTx, provide to PropTx a copy of the record of the name, email address, username, current password, and audit trail, if required, of any Consumer identified by PropTx to be suspected of involvement in the breach or violation.
3. The Consumer must be required to affirmatively express agreement to a "Terms of Use" agreement that requires the Consumer to open and review an agreement that provides at least the following:
   1. That the Consumer acknowledges entering into a lawful broker-consumer relationship with the Member.
   2. That all MLS® data obtained from the VOW is intended only for the Consumer's personal, non-commercial use.
   3. That the Consumer has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the VOW.
   4. That the Consumer will not copy, redistribute, retransmit, or otherwise use any of the data or Listing Information provided, except in connection with the Consumer's consideration of the purchase, sale, or lease of an individual property.
   5. That the Consumer acknowledges PropTx's ownership of, and the validity of PropTx's proprietary rights and copyright in the MLS® database, MLS® data, PropTx's MLS® System, and Listing Information.
   6. That the Consumer will not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense any Listing Information to another individual or entity. The prohibited uses expressly include "scraping" (including "screen scraping" and "database scraping"), "data mining" or any other activity intended to collect, store, re-organize, summarize or manipulate any Listing Information or any related data.
   7. After the Consumer has opened for viewing the Terms of Use agreement, a "mouse click" is sufficient to acknowledge agreement to those terms. The Terms of Use agreement may not impose a financial obligation on the Consumer or create any representation agreement between the Consumer and the Member.
   8. The Terms of Use agreement shall also expressly authorize PropTx, and other PropTx Members or their duly authorized representatives, to access the VOW for the purposes of verifying compliance with MLS® Rules and Policies (including the VOW Rules) and monitoring the display of Members' Listings by the VOW.
   9. Every VOW must display a privacy policy that boldly informs Consumers of, and obtains Consumers' consent to, all the ways in which Personal Information that they provide may be collected, used or disclosed, including the fact that Personal Information may be shared with PropTx for auditing and/or legal purposes.

Additional Website Terms of Use

By your election to access this website or other websites, use any mobile applications, or access any databases (collectively, these websites, mobile applications and databases are hereinafter "Website") operated by "CATHERINE KONG" (OWNER) the member of The Canadian Real Estate Association (CREA) and the Toronto Regional Real Estate Board ("TRREB"), including "https://catherinekong.ca", you, the user ("User"), agree to be bound by and to adhere to all of the terms of use ("Terms") and acknowledge these Terms constitute a binding agreement between User and the member of CREA and TRREB.

All Terms herein apply to User. If User is, or deemed to be, an authorized user of TRREB's MLS® System, those applicable rules complement, and supersede in the event of any conflict, these Terms.

Permitted and Prohibited Uses of this Website

All information, including any data, text, content, images, photographs and expressions, ("Information"), including all real estate listings, related information, ancillary or otherwise, images and photographs (collectively "Listing Content") or otherwise provided in this Website are strictly for the private, non-commercial use by the User in searching for and evaluating real estate listings. Any commercial use of any Information, including any Listing Content in this Website, in whole or in part, directly or indirectly, is forbidden, subject to prior written consent of the owner of such Information, including such Listing Content.

User may, strictly in accordance with these Terms, print a screenshot, or otherwise save a current individual page from this Website for strictly private use only as long as the related real estate listing is accessible through this Website. User may provide a link to this Website, as long as such link results in a new, fully functional, full screen browser window occupied solely by pages created by this Website. OWNER and TRREB reserves the right to refuse a link at any time at OWNER's and TRREB's sole discretion. User agrees to remove any link to this Website immediately upon OWNER's and TRREB's request.

User is prohibited from, and agrees not to permit others from, using this Website or any Information, including any Listing Content, to:

1. take any action that imposes an unreasonable or disproportionately large load on this Website's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques;
2. modify, alter, or merge with any other data any Information, including any Listing Content, in any respect;
3. create any derivative work from any Information, including any Listing Content, accessed through this Website;
4. engage in any "screen scraping", "database scraping" or any other activity intended to collect, store, reorganize or manipulate any Information, including any Listing Content, on pages produced by, or displayed on this Website;
5. display any Information, including any Listing Content, of this Website in a frame or in any other manner that is different from how such content would appear when this Website's URL is typed into a browser field;
6. attempt to decipher, decompile, disassemble or reverse engineer any of software or HTML code comprising or in any way making up a part of this Website;
7. upload, post, email or otherwise transmit any Information, including any Listing Content, that User does not have a right to transmit under any law or under contractual or fiduciary relationships;
8. violate any applicable local, provincial, national or international law;
9. use any robot, bot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy any of this Website's pages, or any Information, including any Listing Content, provided in this Website without our prior written permission; or
10. retain any copy of any Information, including any Listing Content, of a real estate listing that has been provided through this Website once that real estate listing is removed from this Website.

Termination of Access

OWNER and TRREB reserves the right, in its sole discretion, to terminate, limit or suspend User's access to this Website without notice or liability, for any reason whatsoever. Messages Sent via this Website TRREB's membership directory and all related content constitute proprietary information ("Membership Directory") are owned by TRREB. All information in the Membership Directory and made available through the "Email REALTOR®" feature on this Website is solely intended for private, non-commercial use by individuals that may be potential buyers or sellers and that wish to contact OWNER about the REALTOR® member's property listing information. Any other use of information in the Membership Directory is prohibited.

Any content or information in the Membership Directory may not be copied, reproduced, modified or altered in any respect, in whole or in part, merged with other any other data, disseminated in any manner, entered into a computer database, used as part of or in connection with a mailing, e-mail list, or fax, or otherwise utilized in any form or manner, in any respect.

This Website also allows User to send messages to other persons, including other users and REALTOR® members. User agrees to comply with all applicable laws and to not use this Website or any Information, including any Listing Content, extracted from this Website to harass or abuse, send spam or other unwanted communications, or send unlawful, libelous, obscene, discriminatory or otherwise objectionable messages that:

1. infringe, misappropriate or violate any intellectual property rights or other rights of any third-party;
2. are defamatory, harmful or obscene;
3. contain or transmit any software viruses or programming routines that may damage services or any software, hardware or other technology used to provide these services or surreptitiously intercept or expropriate any data or information;
4. are false, misleading or inaccurate;
5. contain sensitive personal information including but not limited to: (i) any person's date of birth; (ii) a credit or debit card number; (iii) the user's mother's maiden name; (iv) a social security number, passport number, driver's license number, or similar identifier (or any portion thereof) (v) any account passwords; (vi) any person's ethnic or religious affiliation or sexual orientation; (vii) employment, financial or health information; or (viii) any person's criminal history.

OWNER and TRREB bears no responsibility or obligation to review any content of any message sent through the Website, but reserves the right review any message at its sole discretion. OWNER and TRREB explicitly reserves the right to remove any message and/or terminate, limit or suspend any User's access to the Website in its sole discretion.

User agrees that OWNER and TRREB shall have no liability for any damages arising out of the content of any message that User sends through this Website. By creating and sending any such message, User hereby acknowledges it shall indemnify and hold OWNER and TRREB harmless from and against any and all liability, damages or expenses, whatsoever due, arising from, directly or indirectly, any cause of action arising out of such message.

Copyright

User expressly acknowledges that all content in this Website is protected by copyright that is owned exclusively by OWNER and TRREB. Elements of the contents on this Website, including all Information, including all Listing Content, are also protected by copyright, which is exclusively owned by TRREB members, whom have supplied the Information, any Listing Content Listing Content, and/or by third parties and is reproduced in this Website under license granted therefrom.

Trademarks

REALTOR®, REALTORS® and the REALTOR® logo are trademarks and certification marks owned by REALTOR® Canada Inc. and REALTOR® Canada Inc. retains all rights therein. These trademarks may be used to identify real estate services provided by brokers and salespersons who are members of CREA and who accept and respect a strict Code of Ethics, and are required to meet consistent professional standards of business practice which is the consumer's assurance of integrity.

MLS®, Multiple Listing Service, and the associated logos are all registered certification marks owned by CREA and are used to identify real estate services provided by brokers and salespersons who are members of CREA.

Nothing in these Terms or the Website provides User the right or license to use any trademarks displayed on this Website without the express written consent of the trademark's owner.

Links to Third Party Sites

This Website may contain hyperlinks to websites controlled or operated by parties other than OWNER. Such hyperlinks are provided for the User's reference only. OWNER does not control such websites and does not bear any responsibility for their contents or the privacy or any other practices of such websites.

Cookies

User acknowledges and accepts that this Website may use cookies or web beacons during User's use of this Website. User may change User's settings for cookies when accessing this Website.

Re-targeting

This Website may allow third-parties to publish advertisements and/or collect (anonymous) information when individuals use this Website. User acknowledges that these third-parties may use cookies or web beacons when User accesses this Website.

Google Maps/Google Earth

This Website uses Google Maps/Google Earth data, websites and links. As such, User accepts and acknowledges that when User is accessing this Website, User is subject to Google's relevant terms of use available at: https://www.google.com/intl/en-US_US/help/terms_maps.html

Privacy

User acknowledges and consents that personal information provided to this Website (including name, email address, and records of access to listing information) may be collected, used and disclosed by OWNER for the purposes of providing real estate brokerage services, verifying that User is a bona fide consumer, and complying with the MLS® Rules and Policies, and that such personal information may be shared with PropTx and TRREB for auditing and/or legal purposes. Personal information is handled in accordance with applicable Canadian privacy legislation (PIPEDA) and OWNER's privacy policy.

Liability and Warranty Disclaimer

All content on this Website and any related Information is provided on an "As Is / Where Is" basis and is provided without any warranty of any kind, either express or implied. OWNER disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither OWNER, nor any person(s) involved in the creation, production, or distribution of this Website or any related Information, including Listing Content, warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content that User accesses on this Website is provided solely for information and convenience only. OWNER does not warrant or make any representations regarding the results that may be obtained from any use of this Website, nor to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this Website. User expressly agrees that the use of this Website is at User's sole risk. Neither OWNER nor any of its affiliates or suppliers shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of User's access to or use of this Website.

No Waiver and Remedies

Any failure or delay by OWNER to enforce any of terms and conditions of these Terms shall not constitute a waiver of any of OWNER's rights or privileges under these Terms.

OWNER reserves the right to seek any and all available remedies for any violation by User of any of these Terms or any applicable law. Nothing herein is intended by OWNER as a waiver or limitation of its available remedies. All rights and remedies are expressly reserved.

Compliance with Applicable Laws

User acknowledges and agrees that User will comply with all applicable international, national, Federal, state, provincial and/or local laws, codes, regulations, rules and/or requirements ("Applicable Laws") regarding your use of, participation, in, and/or access to the Website.

Language

In the event these Terms are translated into a language other than English, the English version shall prevail and control in the event of any conflicts between the translations.

No Assignment

User is explicitly prohibited from assigning, in whole or in part, any of its rights and obligations under these Terms.

Interpretation

These Terms shall be interpreted without regard to which party has drafted these Terms.

Severability

In the event any term or provision of these Terms is held invalid or unenforceable, such a finding will not affect the validity of any other term or provision of these Terms. All remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.

Entire Agreement

These Terms contain and constitute the entire understanding and agreement between you and OWNER and supersede all previous negotiations, agreements, commitments and writings. User acknowledges that User has not relied on or been induced to enter into these Terms by a representation or warranty other than those expressly set out in these Terms.

Governing Law and Jurisdiction

Any dispute arising from these Terms shall be governed by the laws of the Province of Ontario, Canada. The User agrees to submit to the personal jurisdiction of the courts located in Toronto, Ontario, Canada.

Updates, Upgrades and Changes

In the event User access any OWNER's website, User agrees to future updates and upgrades of such website application. User may decline automatic updates and upgrades to mobile applications by changing applicable user settings, where available.

OWNER hereby reserves the right, at OWNER's sole discretion, to make any changes to these Terms. User accessing this Website is bound by these Terms and assumes responsibility to periodically visit this page and review any changes to these Terms. User's continued use of this Website following the posting of any changes to these Terms shall constitute acceptance of such changes by the User.

When changes are made to these Terms, OWNER will revise the "Last updated" date that is indicated on the Terms.