99homes (“99homes.ca”) Public Terms Of Use

these Terms Of Use Contain Legal Obligations. Please Read These Terms Of Use Before Using This 99homes.ca Website (the “site” ).

 

1. ACCEPTANCE OF TERMS OF USE and ANY REVISIONS thereto

1.1 By accessing or using this Site, you acknowledge that you have read and understand these terms of use ( the “Terms of Use” ) together with the Privacy Policy and other documents regulating the use of the Site and that, without limitation or qualification, you are bound by and agree to abide by them, as well as any future revisions/modifications that may be made to them. These Terms of Use represent an agreement between you and 99homes.

1.2 If you do not agree to be bound by these Terms of Use, you must not access or use this Site. If you consider any future revisions/modifications made to these Terms of Use to be unacceptable, you must cease accessing and using this Site. If you continue to access or use this Site after any revisions/modifications are posted, you will be deemed to have accepted those revisions/modifications.

1.3 99homes reserves the right, in its sole discretion, to make any revisions/modifications to the Site and/or to correct any errors or omissions in any portion of this Site as it so chooses. 99homes may make any other changes to this Site, at any time, without notice.

 

2. LOCATION

99homes operates this Site from its facilities in Ontario, Canada. 99homes does not represent or warrant that any information, documents, forms, guidelines, procedures, features, requirements or services on this Site are appropriate, available or legal for use in any locations and/or jurisdictions.

 

3. PURPOSE

3.1 You may access and use the Site and the information, documents, e-mails, forms, guidelines, procedures, features, requirements or services thereon and be resulting therefrom and any communications in any media in connection with the Site (collectively, the “Content”) only in accordance with all applicable laws and regulations and with these Terms of Use.

3.2 The purpose of this Site is solely that of an administrative, informational and promotional tool for real estate projects, such as condominiums, townhouses or other property developments (hereinafter the “Developer’s Project”) of the developer/owner or agent of the developer/owner (collectively, the “Developer”) and for real estate transactions, namely the purchase and sale of real estate, the transfer of title in real estate or the rental of real estate (the “Real Estate Transaction”) and is not in itself a real estate sale/purchase, rental or transfer of title (collectively, the “Purposes”). The closing and/or completion of a Real Estate Transaction by a buyer, seller or renter requires that all legal steps occur including the actual real estate sale/purchase, rental or transfer of title, which does not occur through the use of this Site.

3.3 This Site and the Content are made available to you for the Purposes only and are not intended to be a substitute for professional advice, assessment and evaluation, including in any Real Estate Transaction. This Site and the Content should not be relied upon as the basis for making or completing any decision dealing with any Real Estate Transaction.

3.4 Any and all dollar figures, including offer and sale figures, maintenance fees and taxes, throughout the Site are estimations only and such figures are not to be used in any legal capacity. The documents supplied on closing supersede any information provided through this Site.

3.5 99homes is not a party to any Real Estate Transaction, or any aspect of such, which may or may occur as a result of the Purposes or through the use of this Site or the Content.

 

4. ACCESS TO and USE OF SITE

4.1 Subject to these Terms of Use, 99homes grants to you a non-exclusive, non-transferable, revocable, limited licence to access the Site solely for the Purposes and, further, subject to these Terms of Use, 99homes grants to you a non-exclusive, non-transferable, revocable limited license to access, use and display the Content and to download the Content, solely for the Purposes. This authorization is not a transfer of title in the Site or in the Content or to copies of the Content and is subject to the following restrictions:

a) you must retain, on all copies of the Content downloaded or copied, all copyright and other proprietary notices contained in the Content;
b) you may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use it or any part of it for any public purpose;
c) you may not transfer the Content or any part thereof to any other person without 99homes’s prior express written consent which is not herein granted; and
d) you may not print or copy any of the HTML or other computer programs that are viewable at the Site.
4.2 The Content may only be printed, copied or saved onto your own computer for the Purposes and not for your commercial use. It is prohibited to use the Content contained on this Site for any purposes other than the Purposes, including any commercial or advertising purposes, without the prior express, written consent of 99homes, which is not herein provided.

4.3 This Site may only be used for lawful purposes and is not to be accessed or used for any improper purpose or to infringe or violate any laws. You agree not to use this Site in any way that would undermine its functioning and/or disrupt the Site or its access or use for other users or 99homes.

4.4 You agree that 99homes may communicate with you via any means of communication in any media, including e-mail, telephone and in-person in connection with the Site and the transactions contemplated thereby.

 

5. DEVELOPER

5.1 The Developer may choose, in its sole discretion, not to proceed with the Developer’s Project.

5.2 The Developer manages the data and the real time updating of the Site as it pertains to the Developer’s Project. 99homes does not manage and is not responsible for that data and/or such updating and relies upon the Developer.

 

6. LINKS

6.1 This Site may contain links, including hyperlinks to electronic sites available through the Internet, owned, managed and/or operated by third parties and not by 99homes and 99homes has no control over any content at such sites or any of the products or services described thereon (collectively, the “Third Party sites”).

6.2 99homes makes no representation or warranty regarding and does not endorse any Third Party sites, the security of performing transactions on the Third Party sites, or the privacy policies of the Third Party Sites.

6.3 99homes and this Site do not sponsor, endorse, or license any of the Third Party Sites. 99homes and this Site are not affiliated or associated with any of the Third Party sites and are not authorized to permit you to use any trade-mark, trade name or copyrighted material displayed in or accessible through the Third Party sites.

6.4 99homes is not liable for any possible damages arising from the access or use by you of such Third Party sites, including any viruses accessed through them. Any complaints you have about the Third Party sites must be addressed directly to the Third Party Sites.

 

7. INTELLECTUAL PROPERTY

7.1 The Site, the Content, the software used in connection with the Site, the trademarks, trade names and domain names being and including 99homes, the design and display of the Site, the confidential information set out at the Site and any and all indicia of the Site (collectively, the “Intellectual Property”) are, and at all times remain, the property of 99homes and/or any of its affiliates. The Intellectual Property is protected by intellectual property laws including those specifically set out below and you agree to abide by all intellectual property laws and all intellectual property notices, including those displayed at the Site. Except as expressly provided herein, 99homes does not grant any express or implied right or license to you under any intellectual property laws for the Intellectual Property, including under any patent, trademark, copyright, trade secret, or confidential information laws.

7.2 This Site, including all Content, is protected by Canadian and worldwide copyright laws, including international treaties. You agree to comply with all copyright laws worldwide in your access and use of this Site and not to participate in, but to prevent, any unauthorized copying of the Content.

7.3 The trade-marks, trade names and domain names, including those which are or include 99homes may not be used or displayed, in whole or in part, without the prior written consent of 99homes. The trademarks, trade names and domain names mentioned on this Site which are not owned by 99homes or any of its affiliates are owned by their respective owners.

7.4 Subject to the rights expressly granted to you under these Terms of Use, you may not copy, reproduce, modify, publish, display, perform, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant any license or right in, or in any other way exploit, any portion obtained from or available as part of this Site ( including any software ) or the Content, in whole or in part.

 

8. 99homes.ca Inc

8.1 99homes.ca Inc., an affiliate of 99homes Inc., may receive remuneration (which may be in the form of referral fees, lead fees, or any other compensation, benefit, reward or payment) in connection with any trade in real estate that may occur as a result of or in connection with your use of the 99homes platform (including putting you in contact with any real estate agents, brokerages or Developers or your participation in the Program), and by your use of the 99homes platform you acknowledge and agree to such remuneration.

 

9. DEFINED TERMS

9.1 In addition to the definitions set out in Section 8 of these Terms of Use, for the purposes of these Terms of Use and the 99homes platform, the following terms have the following meanings:

“closed deal” means that the purchaser under a Real Estate Transaction takes title to the property;
“99homes Certified Agent” means a real estate agent that has been identified by 99homes as a real estate expert, successfully completed the 99homes training course, registered with 99homes, and has a profile listed on the 99homes platform;
“Developer Direct Transaction” means a Real Estate Transaction that has been completed with a Developer (instead of a real estate agent) through the 99homes platform, provided that the purchaser has not previously registered with the Developer;
“firm deal” means that the agreement relating to the Real Estate Transaction has been signed by all relevant parties, all conditions (if applicable) have been satisfied or waived and any cooling off period (if applicable) has expired;
“Info Request #” means the number assigned to a Real Estate Transaction undertaken by a user of the 99homes platform; and
“Insiders Club” means 99homes’s Insiders Club, which a user of the 99homes platform may join in order to become an Insider and receive communications (including e-communications) from 99homes.

 

10. DISCLAIMERS

10.1 The Site and the Content are provided ‘AS IS’ without any representation or warranty, express or implied, of any kind and solely for the Purposes, not for any sale, transfer or trading purposes or advice, and do not constitute a solicitation to trade in any real estate, condominium, townhouse or property of any nature. The accuracy, adequacy, completeness, validity, binding effect, enforceability or legal effect of any Content is disclaimed. 99homes shall not be liable for any errors, omissions or other defects in, delays or interruptions in such Content or the Site, or for any actions taken in reliance thereon.

10.2 The Content may contain inaccuracies and errors. 99homes makes no representations or warranties about and assumes no responsibility for the accuracy, adequacy or completeness of the Content or the reliability of any advice, opinion, statement or other information displayed or distributed through the Content or for any errors, omissions, defects, delays or interruptions in the Content at or available through the Site and you acknowledge that any reliance on any of the foregoing shall be at your own risk.

 

11. LIMITATION OF LIABILITY

11.1 IN NO EVENT SHALL 99HOMES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR COMPUTER) RELATED TO THE USE OF, OR THE INABILITY TO USE THIS SITE, THE CONTENT, OR ANY INFORMATION OBTAINED THROUGH THIS SITE, OR THE FUNCTIONS OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT 99HOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 IF YOU ARE DISSATISFIED WITH THE SITE AND THE CONTENT THEREON, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF THE SITE.

 

12. PRIVACY

12.1 99homes has a Privacy Policy available at the Site for your review and such policy forms part of these Terms of Use.

 

13. GOVERNING LAW

13.1 The laws of the province of Ontario and of Canada govern these Terms of Use as well as any access and use of the Site and the Content.

 

14. ENTIRE AGREEMENT

14.1 These Terms of Use constitute the entire agreement between you and 99homes regarding your access and use of the site and supersede all prior or contemporaneous communications whether electronic, oral or written between you and 99homes regarding your access and use of the Site and the Content.

 

15. WAIVER AND SEVERABILITY OF TERMS

15.1 The failure of 99homes to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavour to give effect to the intention of 99homes in the provision, and the other provisions of the Terms of Use will remain in full force and effect.

 

17. TO CONTACT 99HOMES

If you have any questions regarding these Terms of Use, you can contact 99homes at info@99homes.ca.