Last updated: February 14, 2023
These Terms of Service (the “ Terms”) constitute a binding contract between you (“ you”or “ your”) and Homes. (“ Homes”, “ us” “ we”, and “ our”).
These Terms govern your access and use of: (a) https://homes.ca (the “Website”); and (b) all other services, products, and content provided by Homes in relation to the Website (the Website, the services, products, and content referred to in subclause (b), collectively, the “ Services”). Please read these Terms carefully before using the Services. By using the Services, clicking a button that confirms your acceptance of these Terms, or by otherwise indicating your acceptance of these Terms, you agree to be bound by these Terms. If you do not agree with or accept any of these Terms, you must cease using the Services immediately. If you have any questions about the Services, please contact support@homes.ca.
Homes may revise these Terms at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review these Terms. We will indicate at the top of this page the date these Terms were last revised.
Information made available on the Website in any form is for informational purposes only. It is not, and should not be taken as legal or any other kind of advice or an offer to sell or buy any product or service. You should not rely on, or take or fail to take any action, based upon this information. Never disregard professional advice or delay in seeking professional advice because of something you have read on the Website.
The Website may not be used to request advice or to transmit to Homes any confidential information. Information transmitted to Homes through the Website may not be secure, may not be treated as confidential, and does not create any relationship or duty of any kind. You should not send confidential or sensitive information by the Internet or email unless you take appropriate precautions, such as the use of encryption.
The Services and all intellectual property rights in the Services are owned by us or our licensors. We and our licensors reserve all our intellectual property rights (which include all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
Nothing in these Terms grants you any rights in the Services other than as necessary to enable you to access the Services. You agree not to try to circumvent or delete any intellectual property notices contained on the Services and in particular in any digital rights or other security technology embedded or contained within the Website.
Subject to the terms and conditions of these Terms, you are hereby granted a limited, fully revocable, non-transferable and non-exclusive licence to access, view and use the Website for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright, trade-mark and other notices contained in such Content. This limited license does not include any rights not specifically enumerated herein. Your limited license to use the Website and the Content is automatically revoked upon termination or expiration of this Agreement (whichever occurs first). You agree that you will not use the Website or any Content for any purpose that is unlawful.
The Website may contain links to third-party websites, pop-ups, apps, micro-sites, offer pages or similar third-party online links (collectively, “Third-Party Sites”). These links are provided solely as a convenience to you and not as an endorsement by Homes of the contents of such Third-Party Sites. Homes is not responsible for the content of any Third-Party Sites, nor does it make any representation or warranty of any kind regarding any Third-Party Sites including, without limitation: (a) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, security, suitability of any content on any Third-Party Sites; (b) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such Third-Party Sites; and (c) any representation or warranty that the operation of the Third-Party Sites, will be uninterrupted or error free, that defects or errors in such Third-Party Sites will be corrected, or that such Third-Party Sites will be free from viruses or other harmful components. You also understand and agree that the Homes Privacy Policy is applicable to Homes and while you are using the Website and is not applicable to your use of Third-Party Sites. Once you are linked to another website, you should read the privacy policy of that website before disclosing any Personal Information.
Subject to applicable law, in no event shall Homes, or any of its employees, consultants, representatives, officers, directors, agents, or licensors (“Homes Released Parties”) be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages or any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, arising from your use of, reliance upon, or inability to use the Website and/or the Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Homes knew of or ought to have known of the possibility of such damages.
Subject to applicable law, the Website and the Content is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. Homes expressly disclaims all warranties and conditions, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, accuracy, completeness, or non- infringement in respect to the Website and the Content, to the fullest extent permissible under applicable law. Without limiting the generality of the foregoing, while Homes endeavors to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Website and/or the Content including, without limitation, no representation or warranty that (a) the Website or the Content will be compatible with your computer, mobile or other device and/or software; (b) the Website or the Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (c) that the operation of the Website will be uninterrupted or error-free, (d) that defects or errors in the Website or the Content will be corrected, (e) that the Website or the Content will be free from viruses, Trojan horses, malware, worms or other harmful components, and (f) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that you are using the Website and the Content, if applicable, at your own risk and liability.
To the fullest extent permissible under applicable law, you hereby agree to release each of the Homes Released Parties from, and in no event shall any or all of the Homes Released Parties be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever or arising from your use of the Website (including any breach by you thereof), the Content or otherwise relating to these Terms and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Website and the Content. You will indemnify and hold each of the Homes Released Parties harmless from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Website, the Content or otherwise relating to these Terms (including any breach by you thereof). You will also indemnify and hold the Homes Released Parties harmless from and against any claims brought by third parties arising out of your use of Content from this Website. You agree that the applicable Homes Released Party(ies) may assume the defense and control of any matter for which you are required to indemnify the Homes Released Parties and you agree to cooperate, at your cost, with our defense of these claims. You agree not to settle any matter without the prior written consent of the applicable Homes Released Party(ies).
Homes treats personal information that you submit through this Website in accordance with its Privacy Policy. Please read and review the Homes Privacy and Cookies Policy, which describes the privacy policy and practices of Homes in detail, as such policy may be amended from time to time by Homes. Homes advises you to check the Privacy Policy on a frequent basis for changes. By using the Website or providing us with personal information, you consent to the use of your Personal Information by Homes in accordance with the terms and for the purposes set forth in the Privacy Policy.
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. Homes cannot guarantee security of any communication to or from the Website. Homes does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using the Website. In no event will any information you provide on or through the Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part. You should take reasonable and appropriate precautions to ensure compatibility of any website you visit with your specific computer, mobile or other device. Homes does not assume any responsibility or risk for your use of the internet.
Subject to applicable law, by accessing or using the Website, you agree that all matters relating to your access to, or use of, such Website and its Content shall be governed by the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of laws principles, and you agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of such Website.
Homes may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, or any Content, at any time without notice. In the event of termination, you are no longer authorized to access the Website, the part of the Website, or Content affected by such cancellation or termination. The restrictions imposed on you with respect to both Content and the Website set out in this Agreement shall survive. Homes shall not be liable to any party for such termination.
Homes may, in its sole discretion, change, supplement or amend these Terms as it relates to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend these Terms in any manner.
These Terms, including any changes made to these Terms from time to time, constitutes the entire agreement between you and Homes relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and Homes with respect to your use of the Website.
The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient redigés en anglais.