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            Terms and Conditions ("Terms")

            Last updated: March 16, 2018

            Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://itrealty.ca website (the "Service") operated by ITRealty ("us", "we", or "our").

            Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

            By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

            Accounts

            When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

            You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

            You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

            Links To Other Web Sites

            Our Service may contain links to third-party web sites or services that are not owned or controlled by ITRealty.

            ITRealty has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ITRealty shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

            We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

            Termination

            We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

            All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

            We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

            Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

            All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

            Governing Law

            These Terms shall be governed and construed in accordance with the laws of Canada, without regard to its conflict of law provisions.

            Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

            INTELLECTUAL PROPERTY: (a) The Services, ITRealty Database, Software and Documentation are proprietary and confidential to ITRealty, are protected by the Intellectual Property laws of Canada and international treaties and conventions, and shall remain the sole property of ITRealty. Notwithstanding anything in this Agreement to the contrary, TREB shall have sole and exclusive ownership of all right, title and interest in and to the Services and ITRealty Database, Software and Documentation including all derivative works and all modifications and enhancements thereof and derivative works regardless of the form or media in or on which the original and other copies may exist. No provision or clause in this Agreement shall be interpreted as an assignment or grant to Authorized User of any right, title, or interest in or to Intellectual Property, all privileges pertaining thereto remaining the exclusive property of ITRealty. (b) Authorized User shall not obtain any rights in connection with any trade-marks or service marks of ITRealty. Authorized User shall not remove or alter any trade-mark, logo, copyright or other proprietary notices, legends, symbols or labels in the ITRealty Database Content, or in the Documentation and shall ensure that the ITRealty Database Content, Copies and Documentation and each copy must contain all of the original proprietary notices. (c) Authorized User shall (i) reproduce and display all Notices on Copies Authorized User makes, in accordance with this Agreement; (ii) not de-compile, reverse engineer, disassemble, modify, analyze or otherwise examine or otherwise reduce the Software to human readable form or create derivative works of the Software, and Database; (iii) not delete or in any manner alter any notices, disclaimers or other legends contained in the Software, Services, ITRealty Database appearing on any screens, documents, reports, numeric results or other materials obtained by Authorized User through use of the Software and Services ("Notices"); and (iv) Not provide service bureau facilities or commercial time-sharing services to any third party or supporting operations for any third party through the access and/or use of the Software and/or Services. (d) Authorized User shall not, at any time or times, during or after the term of this Agreement question or dispute any of ITRealty’s right, title, ownership, license, Intellectual Property, and/or other interests in the Software, the Documentation, the Services, ITRealty Database nor commit any act or omission which negates, reduces, or impairs any of ITRealty’s rights or interests in any of same; nor file any patent, copyright, and/or other intellectual property application and/or registration relating to any portion of the Software copyright, and/or other Intellectual Property application and/or registration relating to any portion of the Documentation. (e) Authorized User shall promptly notify ITRealty if Authorized User becomes aware of any (i) error, bug, or security breach in the Services or Software; (ii) unauthorized use, reproduction, or distribution of Content, the ITRealty Database, the Software or Documentation; and (iii) breach of the terms of this Agreement. Authorized User shall maintain all such information in confidence, shall only disclose the same to ITRealty, and shall not publicize, publicly distribute, or publicly display any such information. (f) Authorized User recognizes the validity of ITRealty's copyrights and trade secrets. Authorized User will cooperate in good faith to secure and preserve ITRealty's right and title to the copyrights and trade secrets for the Software and of all derivative works, as if said products were their own products. Authorized User acknowledges and agrees that the Software is, in all respects confidential information subject to the terms of this Subsection. (g) Authorized User agrees upon termination of this Agreement to continue to protect ITRealty's copyrights and trade secrets.

            LIMITATION OF LIABILITY

            (a) THE SERVICES, SOFTWARE, AND ITRealty DATABASE ARE PROVIDED “AS IS� WITHOUT ANY GUARANTEE, REPRESENTATION, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, USAGE OF TRADE OR COURSE OF DEALING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ITRealty MAKES NO WARRANTIES AND ASSUMES NO LIABILITY WHATSOEVER REGARDING THE TRUTH OR ACCURACY, CURRENCY, OR COMPLETENESS OF THE SERVICES, SOFTWARE, OR ITRealty DATABASE. AUTHORIZED USER AGREES THAT ANY USE OF THE THE DATABASE, AND/OR SOFTWARE BY OR ON BEHALF OF AUTHORIZED USER OR ANY PERSON OR ENTITY WHO ACQUIRES THE RIGHT OF SUCH USE, DIRECTLY OR INDIRECTLY BY OR THROUGH AUTHORIZED USER, IS DONE AT AUTHORIZED USER’S SOLE RISK.

            VOW listing information access

            We require each Consumer to review, and to affirmatively express this “Terms of Use” agreement for the purpose to:

            (i) That the Consumer acknowledges entering into a lawful broker-consumer relationship with the Member.

            (ii) That all Listing Information obtained by the Consumer from the VOW is intended only for the Consumer’s personal, non-commercial use.

            (iii) 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.

            (iv) 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 or sale of an individual property.

            (v) 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.

            (vi) That the Consumer acknowledges TREB’s ownership of, and the validity of TREB’s proprietary rights and copyright in, the MLS® database, TREB’s MLS® System, Listing Information and any related information.

            Changes

            We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

            By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

            Contact Us

            If you have any questions about these Terms, please contact us.