CommercialBroker

Terms of Use

General Terms and Conditions

Listing Policy & Guidelines

The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the CommercialBroker.ca web site (located at http://www.CommercialBroker.ca) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and CommercialBroker.ca, Inc. ("CommercialBroker.ca" or the "Company"). You also agree to the CommercialBroker.ca Listing Policy & Guidelines (the "Listing Policies") available by hyperlink at the top of this page.

If you do not agree to these Terms and Conditions and to the Listing Policies, do not submit information to, or access information from, the Service. CommercialBroker.ca may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the CommercialBroker.ca website.

GENERAL PROVISIONS

Membership Privileges

Membership privileges are granted by CommercialBroker.ca to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the CommercialBroker.ca web site without express written permission from CommercialBroker.ca. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of CommercialBroker.ca. CommercialBroker.ca requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the CommercialBroker.ca system. Members are not permitted to share their individual logon information with others. CommercialBroker.ca has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the CommercialBroker.ca website, or abuses their rights related to the CommercialBroker.ca service. Upon registration, which is free, Customer becomes a Basic Member. A Basic Member may search the CommercialBroker.ca property listings Service, and will receive a subset of results of the available properties matching the Customer's designated search parameters. In order to view all the available results for a given search, the Customer must upgrade to a Premium Subscription. A Basic Member may also list properties on the Service, but such Customer's listings will only be able to be fully accessed and viewed in the search results of Premium Subscribers.

CommercialBroker.ca utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant CommercialBroker.ca the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes CommercialBroker.ca determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. CommercialBroker.ca will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will CommercialBroker.ca have any liability for sending any email to its registered users/customers.

Submission and Administration of Listings

Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to CommercialBroker.ca unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on the CommercialBroker.ca website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the CommercialBroker.ca website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the CommercialBroker.ca website. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the CommercialBroker.ca website. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the CommercialBroker.ca website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the CommercialBroker.ca system under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the CommercialBroker.ca website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to CommercialBroker.ca. CommercialBroker.ca may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.

Use of Information

Customer agrees to treat all information obtained from the Service, including listings, member directory, historical transaction information ("Recent Sales"), and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to CommercialBroker.ca. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of CommercialBroker.ca. CommercialBroker.ca does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the active property listings in the Service and/or the Recent Sales information solely to obtain initial information from which further evaluation and investigation may commence.

The Service, and any and all Content offered by CommercialBroker.ca to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY COMMERCIALBROKER.CA, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Unsolicited Commercial Email (Spam)

CommercialBroker.ca prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Email The Broker, Email a Friend service or other email services that CommercialBroker.ca offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. CommercialBroker.ca has the right to revoke the privileges of any customer or company that breaches these terms.

Ownership and License Grant

CommercialBroker.ca retains all rights (including Intellectual Property Rights as defined below), title and interest in the CommercialBroker.ca Web site, technology and brochures, email alert, database, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of CommercialBroker.ca technology or delete or alter author attributes or copyright notices. Customer shall use the CommercialBroker.ca system solely for their own use and shall not allow others to use the CommercialBroker.ca system under or through that Customer's login ID/email and password.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Limitation of Liability and Indemnification

IN NO EVENT SHALL COMMERCIALBROKER.CA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and CommercialBroker.ca’s entire liability under this Agreement shall be a refund to Customer of the fees paid to CommercialBroker.ca hereunder, and in no event will CommercialBroker.ca's liability for any reason exceed such fee. CommercialBroker.ca (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify CommercialBroker.ca (and CommercialBroker.ca's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables.

Warranty Disclaimers

THE LISTINGS, SERVICE, RECENT SALES INFORMATION, AND COMMERCIALBROKER.CA REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMMERCIALBROKER.CA MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES INFORMATION, OR COMMERCIALBROKER.CA MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND COMMERCIALBROKER.CA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF CANADA, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.

For the purposes of this website, and marketing the brand name of CommercialBroker.ca, the word "Broker" includes but is not limited to consultant, sales representative, agent, salesperson, brokerage, mortgage broker, and is not intended to mislead or misrepresent as to the accurate designation of its members under their jurisdictions.

Links to Third Party Sites

This web site may contain hyperlinks to other web sites operated by parties other than CommercialBroker.ca, Inc. and its subsidiaries which are beyond CommercialBroker.ca's control. Parties other than CommercialBroker.ca may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use CommercialBroker.ca's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the CommercialBroker.ca site. CommercialBroker.ca does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. CommercialBroker.ca does not assume any liability for the actions, product, and content of all of these and any other third parties. CommercialBroker.ca makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the CommercialBroker.ca site, the site you will land on is not controlled by CommercialBroker.ca and different terms of use and privacy statements may apply. CommercialBroker.ca also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Other Rights of CommercialBroker.ca, Inc.

Customer agrees that CommercialBroker.ca shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by CommercialBroker.ca customers and partners. CommercialBroker.ca shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. CommercialBroker.ca shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. CommercialBroker.ca reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on CommercialBroker.ca's corporate web site, located at http://www.CommercialBroker.ca.

Governing Law

This Agreement, and the Deliverables provided by CommercialBroker.ca, shall be governed by the laws of ONTARIO, CANADA, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction of Ontario, Canada for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.

Assignment

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of CommercialBroker.ca, which retains the right to withhold consent in its sole discretion.

Entire Agreement

The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.