This website is operated by the combined efforts of Ontario Apartment Group and RE/MAX Eastern Realty Inc., Brokerage, providing information on commercial properties in Ontario (collectively “OAG,” “us,” “our,” or “we”). These Terms of Service (“Terms”) set forth the terms and conditions under which you are authorized to use our websites (which includes any website on which these Terms are posted, including OntarioApartmentGroup.ca, other sites accessible via subdomains, and any mobile versions of these sites (the “Site(s)”) as well as our mobile application (the “Application”). The Sites and Application are collectively referred to as the “Services.”
DESCRIPTION OF SERVICES
Our Services allow you to save searches for real estate, save properties, sign up for alerts, access real estate resources, as well as perform other functions we may add from time to time. Our Services may also include information about our partners, subsidiaries, related companies and sponsors, and other content we think would be of interest to you (collectively the “Content”). To the extent new services, Content or features are added to our Services in the future, your use of them is subject to these Terms.
THIRD-PARTY SERVICES AND CONTENT
Our Services are intended primarily for informational purposes. We may offer links to agent websites, contests and sweepstakes, helpful resources, or other information or content that may be hosted by third parties (“Third Party Services”). These Terms do not govern your use of any Third Party Services. Third Party Services may also include APIs that may provide services or information, such as the ability to share or post a listing on social media, or to access information relating to real estate listings and markets.
Third Party Services are not under the control of Ontario Apartment Group, and Ontario Apartment Group is not responsible for such Third Party Services, including without limitation the accuracy, sufficiency, correctness, reliability, veracity, completeness, or timeliness thereof, any link contained therein, or any changes or updates thereto. The inclusion or access to Third Party Services does not imply an endorsement thereof by Ontario Apartment Group, or of the provider of such content or services, or of any third party web site. Ontario Apartment Group reserves the right to terminate any link or linking program at any time.
ADDITIONAL POLICIES AND AGREEMENTS
These Terms may be supplemented or amended by the terms of a “click-through” agreement between you and Ontario Apartment Group. For example, special terms may apply for participation in certain promotions, contests or sweepstakes on our Services. If special terms apply, you will be asked to expressly consent to them, for example, by checking a box or clicking a button marked “I agree.” The terms of any such “click-through agreement” will supplement and amend these Terms, but only with respect to the subject matter of the “click-through agreement.”
Some additional terms may be provided by third parties, with regard to information or services they offer on or through our Services, so please take further precautions when agreeing to those terms. Please review any policies or terms that may apply to you if and when you sign up for information that may be provided by a third party, enter a contest or sweepstakes sponsored by a third party, or visit other websites operated by third parties.
MODIFICATIONS AND INTERRUPTION TO THE SERVICES
We reserve the right to modify, discontinue, terminate, or temporarily prevent access to all or any portion of our Services and/or Content at any time, with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Services, or that operation of our Services will be uninterrupted or error free. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Without derogating from the foregoing, we reserve the right to terminate any component or the Service or Data, or the permission granted to you to access same if (a) you are in breach of any of these terms or conditions or any applicable laws; (b) any applicable law restricts or precludes the collection, use and/or licensing of the Services or Content; (c) any of Ontario Apartment Group’s licensors or their suppliers; provided that Ontario Apartment Group may elect, in lieu of termination, to cease delivery of the impacted data element only; or (d) Ontario Apartment Group or any of its licensors or their suppliers is required to disclose or release any intellectual property relating to the Services or Content, in whole or in part, under an order or decision of a court, tribunal or other authority of competent jurisdiction (including without limitation, an order under the Municipal Freedom of Information and Protection of Privacy Act (Ontario) or other legislation), which order or decision is not stayed or under judicial review; provided that Ontario Apartment Group may elect, in lieu of termination, to cease delivery of the impacted data element only .
As a condition of your right to use our Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Services and accessing the Content under the laws of Canada or your country. If you are under the age of 18, you may use our Services only with parental supervision.
LICENSE TO CONTENT
The Content on our Services may include data, features, information, text, graphics images, music, sounds, photographs, illustrations, logos, messages, audio, information, video and other information or content that is available through the Services, including any such Content licensed from a third party. Such Content is for informational purposes only. Except with the prior express consent of Ontario Apartment Group, you may only use the Content on our Services for your personal, non-commercial purposes.
Subject to your compliance with this Agreement, Ontario Apartment Group grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to access and view all Content solely for your own personal purposes in connection with your own use of the Services. You will have no right to sublicense this license. You shall not, and shall not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content; or (c) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Content. Except as stated in this section or as provided by any Additional Terms, you are granted no other licenses or rights in or to any Content. You are prohibited from selling or otherwise receiving any compensation from any Content, posting Content to a third party website or otherwise distributing or making available the Content to the general public, without the prior written permission of Ontario Apartment Group.
COPYRIGHT AND TRADEMARK INFORMATION
You acknowledge that: (a) copyright, trade secret rights and other intellectual property and proprietary rights reside in the Services and Content; (b) Ontario Apartment Group, and its licensors, hold copyright and other intellectual and proprietary rights in the Services and Content and all right, title and interest in and to the Services and Content and all modifications thereto (and derivative works thereof) will at all times be vested in and remain the property of Ontario Apartment Group and/or its licensors; (c) no change made to Services and Content by you, however extensive, shall affect or negate the title of Ontario Apartment Group and its Licensors in the Services and Content or any component of the Services or Content incorporated into any derivative products (and none of the foregoing is intended to derogate from restrictions contained herein prohibiting the development of derivative products by you); (d) Ontario Apartment Group hereby reserves all copyright, trade secret, intellectual property and proprietary rights not expressly granted hereunder.
All intellectual property rights related to the Services, Content, and the technology, algorithms, and software underlying the Services or distributed in connection therewith, are the exclusive property of Ontario Apartment Group and its licensors. You acknowledge that you are not receiving (or having transferred) any ownership interest in or to any of the foregoing, and no right or license is granted to you to use them apart from the rights of access to the Services granted under these. You are prohibited from copying, distributing, republishing, displaying, posting, transmitting, decoding, or reverse engineering any Content or code from the Services unless you obtain express written permission from Ontario Apartment Group.
You agree that any dealings with the Services or Content in a manner inconsistent with or in
derogation of Ontario Apartment Group’s or its licensor’s ownership or proprietary rights therein, by you would cause Ontario Apartment Group and/or its licensor irreparable harm for which monetary damages may not be a sufficient or appropriate remedy. You acknowledge and agree that in the event of a breach of these terms or conditions by you, Ontario Apartment Group and its licensors shall be entitled to an injunction enjoining any further breach or threatened breach, in addition to any other relief to which Ontario Apartment Group and/or its licensor may be entitled at law or in equity.
All trademarks, service marks, logos, trade names and any other proprietary designations of Ontario Apartment Group used on the Site are trademarks or registered trademarks of Ontario Apartment Group and RE/MAX, LLC. All goodwill generated from the use of RE/MAX, LLC trademarks will inure to the exclusive benefit of RE/MAX, LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the parties who own them. Ontario Apartment Group and RE/MAX, LLC reserve all rights not expressly granted herein.
The trademarks MLS®, Multiple Listing Service® and the associated logos are owned by The Canadian Real Estate Association (CREA) and identify the quality of services provided by real estate professionals who are members of CREA. The trademarks REALTOR®, REALTORS® and the REALTOR® logo are controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. The Listing Content is owned and licensed by The Canadian Real Estate Association and its member Real Estate Boards and Associations.
You agree not to use the Services or Content to:
- violate or encourage the violation of any local, provincial, national, or international law;
- collect or store personal data about other users of our Services;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Ontario Apartment Group in its sole discretion, or otherwise for marketing or commercial mass mailing purposes;
- infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
- disrupt or interfere with the security or use of the Services or any websites linked to it;
- interfere with or damage a Site, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology, or disobey any requirements, procedures, policies, or regulations of networks connected to a Site;
- attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Ontario Apartment Group, or create or use a false identity;
- attempt to obtain unauthorized access to the Services or portions thereof that are restricted from general access;
- use any meta tags or any other “hidden text” utilizing the RE/MAX or Ontario Apartment Group name, trademarks, or product names;
- attempt to reverse engineer or otherwise derive or obtain the code in any form for the Services or any software used in the Services, or otherwise access or use any of the Services or Content to create, operate or maintain any derivative products or competing services;
- market, publish, disseminate, distribute, sell, license, sublicense, rent or provide access, in whole or in part, the Services or Content to any person, whether or not for a fee, whether in hard copy, on any digital communications network, including without limitation, the internet, or in any other format, or to otherwise use same in a service bureau or timeshare service;
- engage in any activity that interferes with any third party’s ability to use or enjoy the Services; or
- assist any third party in engaging in any activity prohibited by these Terms.
Further, without our written consent, you may not:
- reproduce, duplicate, copy, sell, resell, engage in data mining, or exploit for any commercial purpose any Ontario Apartment Group Content or any use of or access to the Services;
- allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
- use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Services or monitor or copy our web pages or the content contained thereon;
- deep link to the Services for any purpose; or frame the Services, place pop-up windows over its pages, or otherwise affect the display of a Site’s pages.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, ONTARIO APARTMENT GROUP, AND EACH OF THEIR RELATED ENTITIES, PARENTS, SERVICE PROVIDERS, LICENSORS, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “ONTARIO APARTMENT GROUP PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, CORRECTNESS, COMPLETENESS, EFFECTIVENESS, CURRENCY, RELIABILITY, SECURITY, OPERATION FREE OF INTERRUPTION, TECHNOLOGY HARMFUL INTRUSIONS, DENIAL OF SERVICE ATTACKS, VIRUS, OR OTHER ERRORS OR EVENTS CAUSED BY OR INTRODUCED THROUGH THE INTERNET, OR THOSE ARISING BY LAW OR BY USAGE OF TRADE OR COURSE OF DEALING, RELATED TO THE SERVICES AND/OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE, PERFORMANCE AND RESULTS OF OUR SERVICES AND CONTENT IS ENTIRELY AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS, EDUCATIONAL MATERIALS, AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ONTARIO APARTMENT GROUP PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SERVICES.
UNDER NO CIRCUMSTANCES WILL ANY OF THE ONTARIO APARTMENT GROUP PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF REVENUE, PROFIT OR SAVINGS, LOST OR DAMAGED DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY CLAIM OF ANY NATURE BY A THIRD PARTY AGAINST ONTARIO APARTMENT GROUP, ITS LICENSORS OR THEIR RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES AND REPRESENTATIVES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH), NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY ONTARIO APARTMENT GROUP PARTY (OR ANY RELATED PARTY, OTHER LICENSOR OR SUPPLIER) HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE ONTARIO APARTMENT GROUP PARTIES (EXPRESSLY INCLUDING THEIR LICENSORS AND THEIR RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES AND REPRESENTATIVES) UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE CANADIAN DOLLAR. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS.
YOU ACKNOWLEDGE THAT THE WARRANTY EXCLUSIONS, LIABILITY EXCLUSIONS AND LIMITATIONS, INTELLECTUAL PROPERTY PROTECTIONS, INDEMNIFICATION AND OTHER PROVISIONS INCLUDED HERE FOR THE BENEFIT OF ONTARIO APARTMENT GROUP’S LICENSORS ARE INCLUDED FOR THE BENEFIT OF, AND CAN BE RELIED UPON BY, SUCH LICENSORS.
THIS SECTION SHALL APPLY WHETHER OR NOT LIABILITY RESULTS FROM A BREACH OF A TERM OR CONDITION OR A FUNDAMENTAL BREACH OF THIS AGREEMENT.
You agree to indemnify and hold the Ontario Apartment Group Parties (expressly including its licensors, their affiliates, and their respective officers, directors, agents and servants) harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of the Services or Content, including but not limited to in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you or another user of our Services using your computer, mobile device or account, and you will pay the resulting costs, damages, reasonable legal fees, penalties and expenses of any kind whatsoever finally awarded.
All communications, feedback, questions, comments, suggestions, proposed features, and the like provided by visitors to our Services (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Ontario Apartment Group. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing, including to our licensors and suppliers. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing new Content, intellectual property, and other products and services using such Feedback, without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
MOBILE DEVICES & THIRD PARTY RESTRICTIONS
If you use our Application, or access any of our Content on your mobile device, you understand that your mobile carrier’s standard charges will apply.
With regard to any matters regarding Ontario Apartment Group (a) the laws of the province of Ontario and Canada govern these Terms and any claims arising out of or relating to use of the Services, without giving effect to any choice of law rules, and (b) the federal and provincial courts located in Peterborough, Ontario, Canada will serve as the venue for any actions brought, or claims made, arising out of your use of our Services.
We make no representation that our Services are appropriate, legal or available for use outside of Canada and the USA.
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Services in any way that violates applicable provincial, federal, or international laws, regulations or other government requirements.
CHANGES TO THESE TERMS
We reserve the right, at any time, to modify, alter, or update these Terms at any time without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Services, without further notice to you. Your continued use of any of our Services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.
Assignment – These Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms are not assignable or transferable by you without the prior written consent of Ontario Apartment Group. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise.
Integration – These Terms (including all of the policies described in these Terms, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
Waiver – No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
Severability – If any provision of these Terms is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Ontario Apartment Group.
Limitation – 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 our Services or relating to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Attorney’s Fees – To the extent permitted under applicable law, the prevailing party in any proceeding arising from or related to this Agreement will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal.
Force Majeure – Ontario Apartment Group will not be liable for any failure or deficiency in the performance or availability of the Services by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to Ontario Apartment Group, fire, terrorism, natural disaster or war.
January 18, 2021
If you have any questions about these Terms, please feel free to contact us as follows:
RE/MAX Eastern Realty Inc., Brokerage
Attn: DEREK GREEN c/o OAG.
91 George Street North, 2nd Floor
PO Box 2409
Peterborough, ON K9J 7Y8