RealSelect

Welcome to RealSelect

RealSelect allows users to locate and evaluate proposals from independent third-party real estate agents. Users agree to supply RealSelect with information about themselves and the property they want to sell. RealSelect will use this information within RealSelect and will provide certain details on an anonymous or non-anonymous basis depending on the RealSelect service to third parties who are, in most cases, appropriate members of its real estate agent network. Users may also agree to have the information he/she has supplied to RealSelect forwarded to real estate or other third-party professionals referred by RealSelect. As RealSelect uses email, on a regular basis, to provide RealSelect services, all RealSelect users must consent to receive email from RealSelect to register for RealSelect services. Users also agree to receive calls and texts from RealSelect when using RealSelect’s services. RealSelect users will also be required to consent to receive emails from third parties if the RealSelect service requested requires services from a third parties (for example, a local real estate agent).

RealSelect refers real estate agents to users, but RealSelect does not engage in actual real estate broker services. Real estate brokerage activities are performed by local real estate agents that have been referred to you by RealSelect. The terms of any agreement between a real estate agent and users are not endorsed, recommended or otherwise known to or by RealSelect.

RealSelect may from time to time offer eligible Users promotional opportunities to incentivize use of RealSelect’s services within a particular time frame. These opportunities may include but are not limited to discounts, rebates, gift certificates, points or other incentives that are only available to Users who use a RealSelect affiliated real estate agent to buy or sell a home. User eligibility for a particular promotion will be defined in the terms of each promotion. Not all users may be eligible to receive all promotional opportunities.

Acceptance of the Terms of Use

These terms of use are entered into by and between You and RealSelect, Inc. ("RealSelect," "we," "us", or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Use"), govern your access to and use of our website, accessible athttps://www.realselect.ca/(the “Site”), and our mobile application (the “Mobile App”) including any content, functionality, and services offered on or through the Site or Mobile App (collectively, the “Services”), whether as a guest or a registered user.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Please read the Terms of Use carefully before you start to use the Services. By downloading and/or using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which can found be at https://www.realtor.com/privacy-policy/ and is incorporated in these Terms of Use by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older and reside in Canada or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with RealSelect and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Services.

Equal Housing Opportunity

We are pledged to the letter and spirit of Canadian policy for the achievement of equal housing opportunity throughout the Canada. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You may cancel your account and membership to the Services at any time for any reason by delivering a written notice by email to support@realselect.ca with the subject line “Membership Termination Request.”

User Obligations (Buyer/Seller)

By completing your registration with realselect.ca as a potential home buyer/seller, you agree that:

you are of legal age and are otherwise capable of forming a legally binding contract;
you are interested in buying and selling property located in Canada;
RealSelect may request (and you agree to provide promptly), receive, copy and review your real property transaction and/or settlement documents and you agree to respond to requests for updates involving any contact with a real estate agent introduced by RealSelect;
you acknowledge that RealSelect recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify a real estate agent’s license status and background as realselect.ca, makes no representations and/or warranties about any real estate agent that may use the RealSelect service;
you do not have an exclusive contractual or other arrangement with any real estate agent;
you represent that you are not licensed as a real estate agent or broker;
you agree to be contacted by RealSelect via email or other means as described herein, and by third parties for services you have requested; and,
as a seller (if applicable), you are not bound to accept any of the proposals submitted. Proposals are not binding offers and are not intended to create a contractual or agency relationship between you and the real estate agent.

If required by the terms of the RealSelect service requested by User, you authorize RealSelect to forward your information to its network of real estate agents according to the terms of the RealSelect service that you use.

Any endorsements posted by a real estate agent through the RealSelect customer review program are the sole responsibility of the real estate agents. RealSelect disclaims any liability arising from and the accuracy of any endorsements posted by real estate agents. It is your responsibility as a buyer or seller to evaluate the nature of any endorsement posted by any real estate agent and to be aware that endorsements might not reflect the actual quality of service that you may receive from a real estate agent.

User Obligations (Real Estate Agents)

RealSelect offers services targeted to real estate agents. To receive these services, real estate agents must accurately complete a registration for a desired service. Real estate agents agree to obtain any required broker approval prior to participation in any RealSelect service, and be registering with RealSelect, you expressly represent and warrant that all such permissions have been obtained. Your registration with RealSelect and/or use of RealSelect’s services constitutes your agreement to these Terms of Service.

A real estate agent who signs up and submits proposals on RealSelect agrees to pay a referral fee as stated by the terms and conditions of the RealSelect Referral Agreement, available at: https://www.realselect.ca/RealSelectInc_Client_Referral_Agreement.pdf. In the event that the agent’s broker refuses to pay the referral fee, the registered real estate agents will be liable for the entire referral fee and any collection fees.

By completing your registration with the Services as a real estate agent, you agree that:

You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) to participate in the RealSelect Services;
You are an individual person (not a company or other association);
All information you submit to RealSelect or pursuant to a RealSelect service is accurate and complete and that you will maintain and promptly update such profile, proposal(s), bid(s), endorsement(s) or other information supplied to RealSelect or to users to ensure accuracy at all times;
You agree to be contacted via email, phone or text by RealSelect, and third parties if relevant, regarding RealSelect’s services;
You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory requirements applicable to real estate agents in the areas for which you have requested RealSelect service;
You will not use or attempt to use any facility provided by RealSelect wholly or partly in order to provide you with Information concerning the commissions, fees, prices, or other terms offered by other real estate agents;
You will not refer RealSelect supplied referrals to any other person; and,
You have secured and will maintain any required supervising broker’s authorization and payment of a fee that will be incurred by virtue of your use of this RealSelect service, if you are a licensed real estate salesperson, broker associate or other non-supervising broker real estate agent legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but subject to broker oversight.

You hereby grant RealSelect permission to email or display your Profile and such other information as may be supplied by you to RealSelect on or from the Services and such other partner and affiliate websites as RealSelect shall deem advisable in its sole determination for marketing purposes.

If you choose to use the RealSelect photography service for your magazine style profile, you recognize that RealSelect holds all right, title, and interest in and copyright rights to the resulting images as a work for hire under our contract with our photographers.

Real estate agent will make best efforts to follow up on all referrals generated through the Services, thus reinforcing RealSelect’s and its partners’ reputations. The real estate agent will take commercially reasonable efforts to respond to each referral within eight (8) hours or let RealSelect know within that time frame of their inability to meet this minimum service standard. If the real estate agent does not meet this service standard, RealSelect may reassign, in its sole discretion, any unserviced referrals to another real estate agent. The real estate agent may not redistribute or resell any RealSelect referrals without prior written permission from RealSelect. Real estate agent acknowledges that not all referrals will result in benefit to the real estate agent, and that ongoing cultivation and prospecting of these referrals may be required. Real estate agent realizes that referrals received through the Services may be consumers who have previously used and/or are currently using other Internet real estate sites and services, including but not limited to RealSelect, to help them in the home selling and/or buying process.

Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your Web browser for display enhancement purposes;
You may print or download one copy of a reasonable number of pages of the Site and one copy of the Mobile App for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and,
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this Services;
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or,
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Services or any other services or materials available through the Services.

If you wish to make any use of material on the Services other than that set out in this section, please address your request with the subject line “Material License Inquiry” to: support@realselect.ca.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by RealSelect. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

to modify, adapt, translate, or reverse engineer any portion of the Services;
in any way that violates any applicable federal, state, local, or foreign law or governmental regulation (including, without limitation, laws regarding the export of data or software to or from Canada or other countries) or for any fraudulent or malicious purposes, or to solicit any such activity;
to attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or other means;
for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other solicitation or commercial purposes;
to impersonate or attempt to impersonate RealSelect, an RealSelect employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or,
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm RealSelect or users of the Services, or expose them to liability.

Additionally, you agree not to:

use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities of the Services;
use any “deep-link,” “page-scrape,” robot, spider, or other automatic device, program, process, algorithm, methodology, or means to: (i) access, acquire, copy, or monitor any portion of the Services; (ii) reproduce or circumvent the navigational structure or presentation of the Services; or, (iii) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services;
use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
frame or mirror any portion of feature of the Services, forge headers, or otherwise manipulate identifiers related to the Services or any portion thereof;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services;
introduce or transmit any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files, or other material that is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of RealSelect;
otherwise attempt to interfere with the proper working of the Services; or,
violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of RealSelect, its parents, affiliates, or any other person or entity.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Services, users, RealSelect, our brand, or any other person or entity, or that violates these Terms of Use and/or applicable laws, rules, or governmental regulations.

User Contributions

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and/or other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "Post") content or materials (collectively, "User Contributions") on or through the Services. Except as described herein, RealSelect does not endorse the accuracy or reliability of any advice, opinion, statement, or information Posted by a user via the Interactive Services.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you Post to the Services will be considered non-confidential and non-proprietary and may become public. You should not include any information in your User Contribution that you do not want other parties to see or use. By providing any User Contribution on or through the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, disclose, copy, publicly perform, display, transmit, distribute, translate, reformat, incorporate, and otherwise use your User Contribution, along with your name, photograph, voice, likeness, and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your User Contribution as posted by us. RealSelect may, but shall not be obligated to, in our sole discretion, post any User Submission on the Services and identify you as the submitting party.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;
Your User Contributions are accurate, current, and complete;
Your User Contributions do not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third parties including, but not limited to, any rights of privacy or publicity or any contractual right or obligation;
Your User Contributions and your use of the Services shall not violate any applicable law, rule, or regulation, including, without limitation, any applicable advertising or fair housing laws or regulations, or cause injury to any person; and,
All of your User Contributions do and will comply with these Terms of Use.

User Contributions may also include reviews or testimonials about the Services, RealSelect, and/or its products and services. You agree that any statements that you make about us, the Services, or any of our products or services in any User Contribution that you make accurately reflects your personal beliefs and experiences with us and our Services, products, and/or services, that any opinions submitted are true to the best of your knowledge, and are made of your own free will.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not RealSelect, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions Posted by you or any other user of the Services.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for RealSelect.
Disclose your identity or other information about you to any third party who claims that material Posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use, including as a result of your provision of any information that is inaccurate, incomplete, or misleading.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS RealSelect AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is Posted on the Services and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations and must be accurate and complete. Without limiting the foregoing, User Contributions must not:

Contain any material that is knowingly or intentionally false, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or,
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement Policy

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Copyright Act of Canada the written notice must include substantially the following:

Your physical or electronic signature;
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on or through the Services, a representative list of such works. For example, you may provide the title of the work, any ISBN number, or copyright registration numbers. You may also use URLs where the original copyrighted text appears.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. This requires that you provide any search query that you used to locate allegedly infringing content, and the URL for each allegedly infringing search result.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
Include the statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Include the following statement, under penalty of perjury: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Our designated copyright agent is:

RealSelect, Inc.
410 W Georgia Street,
3rd Floor Vancouver, BC V6B 1Z3
Email: compliance@realselect.ca

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of the Service’s contents.

This Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RealSelect, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RealSelect. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Services

We may update the content on the Services from time to time, but the Service’s content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Services

All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, which we may (but are not required to) provide to you be email or other electronic communication.

The Services may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Services.
Send emails or other communications with certain content, or links to certain content, on the Services.
Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

Link to any part of the Services other than the homepage.

Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Use of 3rd Party Services

You understand and agree that the real estate agents and others who appear on the Services or who may be referred by RealSelect are not employed by RealSelect. RealSelect is not responsible or liable for any acts or omissions created or performed by these third parties.

Mobile App

In order to use the Services made available through the Mobile App, you must have a compatible mobile device. We do not warrant that the Mobile App will be compatible with your mobile device.

If you access the Mobile App using an Apple iOS- or Android-powered device, Apple Inc. or Google, Inc., and each of their subsidiaries, shall be a third-party beneficiary to this contract, and you agree that these third-party beneficiaries have the right to enforce these Terms of Use against you. However, these third-party beneficiaries are not a party to these Terms of Use and are not responsible for the provision or support of the Mobile App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile.

Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Google Analytics

Our Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the Site analyze how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in Canada. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for website operators, and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this Site. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Our Site also features Google Maps. Use of the Google Maps features on our Site are subject to Google’s legal notices, terms of service, and privacy policy for such services. You are encouraged to review their privacy policy, legal notices, and terms of service.

Messaging Policy

RealSelect offers an SMS messaging service. You may choose to opt-in to our SMS messaging service at your own discretion, and you may opt-out at any time. We will communicate with you via SMS for the purposes of service alerts and notifications. We may also send promotional messages. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply. You will receive an average of 5 messages per week, but we may occasionally exceed this number in certain circumstances. If you have any questions about your text plan or data plan, please contact your wireless provider. You can cancel the SMS service at any time. To cancel, text "STOP" to 89669. We will respond with a single SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. You may, at any time, text "HELP" to 89669 for a brief help message. We will respond with instructions on how to use our service as well as how to unsubscribe. You may also contact RealSelect support at: 877-700-7709 or email us at support@realselect.ca. Users can subscribe to our notifications services while registering an account through the Services or by modifying your notifications preferences in the account settings page.

Geographic Restrictions

The owner of the Services is a corporation organized under the laws of British Columbia and based in British Columbia in Canada. We provide the Services for use only by persons located in Canada. We make no claims that the Services or any of the Service’s content is accessible or appropriate outside of Canada. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the Canada, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.

YOUR USE OF THE SERVICES, THE SERVICE’S CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THE SERVICE’S CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RealSelect NOR ANY PERSON ASSOCIATED WITH RealSelect MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER RealSelect NOR ANYONE ASSOCIATED WITH RealSelect REPRESENTS OR WARRANTS THAT THE SERVICES, THE SERVICE’S CONTENT, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, RealSelect HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RealSelect, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless RealSelect, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your use of and access to the Services, including any data or content transmitted or received by you, including any User Contributions or any information submitted via your account; (ii) your violation of any of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property rights, right of privacy, or right of publicity; and, (vi) any other party’s access and use of the Services with your unique username, password, or any other piece of information as part of our security procedures.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of British Columbia without giving effect to any choice or conflict of law provision or rule (whether of British Columbia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of Canada or the courts of British Columbia, in each case located in the City of Vancouver although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

Any claim or controversy arising out of or relating to the use of the Services or to any acts or omissions for which you may contend RealSelect is liable, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the Canadian Arbitration Association (“CAA”) in force at that time. The arbitration shall take place in Vancouver, BC. The arbitrator shall be selected pursuant to the CAA rules or from a list of arbitrators provided by RealSelect. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the CAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Vancouver, BC. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND RealSelect WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using the Services, you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and RealSelect, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Vancouver, BC. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by RealSelect of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RealSelect to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and any other document applicable to the relationship between You and RealSelect as referenced and incorporated herein, constitute the sole and entire agreement between you and RealSelect regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns

The Services are operated by RealSelect, Inc., located at the address listed below. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Infringement Policy, described above. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us using the below contact information:

RealSelect, Inc.
410 W Georgia Street,
3rd Floor Vancouver, BC V6B 1Z3
Email: compliance@realselect.ca
Phone: 877-700-7709

These Terms of Use were last modified on December 7, 2020.

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