Terms & Conditions

Terms of Use

 

 

Welcome, and thank you for visiting Aurrow.ca. Please read the Terms of Use (Agreement) carefully before using our Site. These Terms of Use also apply to data and services provided to you by email and via Aurrow mobile applications. All use is for personal, non-commercial use only. By using the Site and its mobile versions, and by subscribing to email services you agree to comply with the Agreement and confirm that you have a bonafide interest in buying, selling or leasing a residential property. If you do not agree to comply with the Agreement, you may not use the Site or subscribe to email services from Aurrow, and you should leave the site immediately.

 

The Site is owned and operated by Aurrow.The real estate representatives are a team under Aurrow, and hereinafter referred to as Aurrow. Aurrow is a third-party service that provides online real estate data for the province of Ontario. Aurrow Inc and its affiliates (collectively, we, us) reserve the right, at our sole discretion, to modify the Agreement at any time, and such modifications shall be effective immediately upon posting of the modified version on the Site. You agree to review the Agreement periodically to be aware of such modifications, and your continued use of the Site shall be deemed your conclusive acceptance of the modified Agreement.

 

Nature of Website

The Site provides real estate related information to consumers and promotes and delivers services offered by Aurrow. Information provided on the Site is from sources we consider reliable, but because as it is third-party supplied, we cannot guarantee that it is accurate and/or complete and should not be relied upon as such. All listing and other data is subject to changes without notice, and to errors and omissions. The data has not been, and cannot be verified by us.

You should use your own judgment regarding the merits of any data, individual, or entity that you find on or through the Site. In spite of its good faith effort, Aurrow Inc cannot and does not represent or warrant that any individual or entity whose services are promoted or offered on or through the Site is registered, licensed, qualified, or otherwise authorized or capable of performing any described services.Aurrow and its affiliates do not make any representations, warranties or assurances as to the timeliness, completeness or accuracy of the information provided by any real estate professional, real estate agent, broker, brokerage, affiliate, appraiser or other real estate- or real-property-related service provider on or through the Site, including without limitation any real property evaluation or other related services.

 

Proprietary Nature of Site and Content

The Site, and all text, information, images, audio, video and other material (the Content) posted on or through the Site, are protected by copyright, trade-mark, and other intellectual property and proprietary rights laws. All Content posted on or through this Site, remains the valuable intellectual property of its owner(s), and is made available on or through the Site solely for your own personal, non-commercial, lawful use. You agree to abide by all copyright notices, information and restrictions contained in or displayed herein and with any Content.

 

Legal Capacity

You affirm that you have attained the age of majority in the jurisdiction in which you are a resident, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.You may not use the Site if you live in a jurisdiction where access to or use of the Site or any part of it may be illegal. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws.

 

In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for:

 

 

Your Limited Rights with Respect to Content

You may only copy and store Content on your own computer for your personal, non-commercial home use, and you may not copy, share, modify, translate, license or sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any Content to another recipient or otherwise use the Content for any other purpose. You are hereby advised that Aurrow, its affiliates and licensors will aggressively enforce their intellectual property rights to the fullest extent permitted by law.

 

Prohibited Use of the Site and Content

Consumers use of the Site and the Content must comply with this Agreement, all applicablelaws, and all applicable Aurrow Inc policies. Without limitation, you may not use the Site to directly or indirectly:

You must be 16 years of age to use this website.

 

Uploaded Content

Grant of Rights. With respect to Content that you upload, post, transmit, distribute or otherwise disseminate or make available on or through the Site (your Contributions), you irrevocably grant us the world-wide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable right and license (without obligation) to use, distribute, reproduce, encode, modify, adapt, edit, display, exhibit, publish, translate, publicly perform, communicate, publicly display your Contributions, and to incorporate them into other works, in any format and through any media channel, whether now known or hereafter invented, including, without limitation, by way of the Site. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Contributions.

Moral Rights Waiver. You irrevocably waive your moral rights with respect to your Contributions, in connection with our exploitation of the rights granted to us in this Agreement.

 

Prohibited Content. You will not upload, post, transmit, distribute, or otherwise disseminate or make available on or through the Site any Content that:

 

Third Party Clearances. You represent and warrant that you own or have secured all necessary licenses, rights, consents and permissions to use, and to authorize us to use, any trade-marks, copyrighted material or other intellectual property and/or proprietary material contained in your Contributions, and that you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your Contributions to use his/her name and/or likeness.

 

Removal of Content. Aurrow Inc has no obligation to, and does not and cannot, monitor or review every item of Content that you and/or other users make available through the Site, and Aurrow Inc is not responsible for any of this Content. However, Aurrow Inc reserves the right to investigate, monitor, delete and/or refuse to transmit, move, remove, edit or refuse to post any material or information, in whole or in part, without notice to you, that we deem in our absolute discretion, unacceptable, undesirable or in violation of any law, regulation, contractual obligation or this Agreement.

 

Responsibility for Uploaded Content

You will be solely responsible for any Content that you make available through the Site, and any liability resulting from its use as contemplated in this Agreement. You will also be liable for any costs, losses or damage resulting, directly or indirectly, from your making any Content available on or through the Site.

 

Postings Non-Confidential

Any communications, comments, ideas or concepts that you post to the Site will be treated as non-confidential and non-proprietary and will not be protected under our privacy policy. You agree that Aurrow Inc and its affiliates are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

 

Third Party Content

You acknowledge that, despite the prohibitions above, Content posted on the Site by other end users, may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and links to other web sites. We do not have control over Content provided by third parties, and assume no responsibility or liability for it. Content you access or transmit using the Site is accessed and transmitted at your own risk.

 

Third Party Web Sites

Web sites accessed via links or other means from the Site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any Content or links on the Site should not be construed as an express nor an implied endorsement of any third party products or services by us. We are not responsible for the Content or opinions expressed on any linked web sites, and such web sites are in no way investigated, monitored or checked by us.

 

Linking and Framing

Unless otherwise agreed in writing by us, you may only provide a hypertext link to the Site on another web site, provided that (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trade-marks, as determined by us in our sole and absolute discretion; (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by us, as determined by us in our sole and absolute discretion; (c) the link, when activated by a user, must display the Site full-screen and not within a "frame" on the linked web site; and (d) we reserve the right to revoke our consent to the link at any time in our sole discretion.

 

Security

You may be issued a unique user name and password to access portions of the Site. You are solely responsible for protecting your user name and password. We are not liable for any claims, losses, actions, damages, suits or proceedings relating to the sharing of your user name and password with others. You agree to notify Aurrow Inc immediately after you become aware of any unauthorized use of your user name and password, and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.

 

Termination

This Agreement shall continue indefinitely until terminated by you or us pursuant to the provisions hereof or in accordance with applicable law. We may discontinue, or terminate your access to, the Site or any portion of the Site, at any time without notice to you. Our discontinuance of the Site or any portion of the Site may result in the removal or deletion of Content made available by you. You are responsible for maintaining any required back up copies of such Content. Aurrow Inc will not be liable to you with respect to its deletion of any Content.

 

Disclaimer of Warranties

The site, and all content, material, information or postings found on or accessed through the site, are provided on an "as is" basis. Aurrow, its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the site or the content contained in or accessed through the site. Neither Aurrow nor its affiliates, licensors and related companies, nor each of their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of the site or the content contained in or accessed through the site, including, but not limited to, the contents of any content, information, material, or posting found on the site (including, but not limited to, any press releases or financial information), any services provided through the site, or any links to other sites made available on the site or the content contained on such site(s), or as to the continuous or error free use and operation of the site. Neither Aurrow nor its affiliates, licensors and related companies, nor each of their respective directors, officers, employees, consultants or agents makes any representations or warranties that the site or access to and use of the site will be uninterrupted, error free, or free from defects, viruses or other harmful components. You expressly agree that use of the site is at your sole risk.

 

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach shall Aurrowor its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from your use of, or your inability to use, any content, information, material, or postings on the site, directly or indirectly. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither Aurrow nor its affiliates, licensors and related companies, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive or illegal conduct of any user, including you.

 

 

Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Aurrow, its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of this Agreement; or (b) your use of the Site, the Content , your contributions and the placement or transmission of any Content or any of your contributions on the Site made by you or others using your user name and password. Aurrow reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Aurrow or its affiliates, licensors,and/or related companies. You will co-operate as fully as reasonably required in the defense of any claim.

 

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