Terms of Service

Your use of this site and its contents are governed by this Terms of Service, The Software License Agreement as well as the Terms of Service of each third-party service provider affiliated with this site. Please read these terms as well as the terms of service of each service provider carefully. YOU AGREE THAT YOU HAVE READ AND UNDERSTAND, AND HAVE THE CAPACITY AND AUTHORITY TO ACCEPT, AGREE TO AND BE BOUND BY THESE TERMS.

In order to access the service provided on this site the “TechPack” you must enter an agreement with HomeLife Realty Services Inc. (referred to as “we”, “us” or “HomeLife”) the “Software License Agreement”. Your relationship with HomeLife is governed by the Software License Agreement.

You may be required to activate an account with and enter an agreement with the third-party service providers. That relationship and the licensing terms and conditions of said relationship is between you and the third-party service provider. HomeLife is not a party to that relationship and suggests that you read and understand all agreements you enter.

Description of Services

The TechPack program is exclusive to HomeLife Members. If you are not registered with a HomeLife brokerage you are not permitted to use the TechPack and your access will be cancelled.

We have developed an internet-based software platform (the “TechPack”) incorporating certain third-party software providers (“Third Party Providers”) who will supply cloud-based software solutions and tools built for real estate transaction management, lead generation, marketing, CRM, social media, referral lead generation, comparative market analysis and a full featured agent website “the Services”.

We do not provide the Services directly to you. All Services are provided by the Third-Party Providers. You agree that the Third-Party Providers may alter their programs and services without warning to you or us, and that we may change Third Party Providers at anytime at our sole discretion.

Use of the Services

Use of the Services and specific features of the Services is controlled by the Third-Party Providers. Therefore, the use of the Services is Governed by the Terms and Conditions of each Third-Party Provider. For example, when using Imprev’s Marketing Centre you must follow to the rules and conditions as set out in its agreement or the terms of use.

We do not maintain user information. The Third-Party Providers maintain their own databases in relation to the Services.

Please contact the Third-Party Providers if you intend to leave HomeLife and wish to maintain your account with a Third-Party Provider. Docusign, Reach 150 and InCom programs may be transferred. However, additional fees and higher monthly rates may apply.

You acknowledge that the programs and the Services within the TechPack are provided by the Third Parties Suppliers and us as the case may be under this Agreement contains Confidential Information belonging either to the Third Parties Suppliers or to us. Nothing in this Agreement transfers any right or interest to you in: the TechPack, our Confidential Information, our tools, programs, services, our brand, our trade-marks and intellectual property rights (including patent, copyright and trademarks - and derivative works produced therefrom), the coding and data of the TechPack, any updates and changes to the TechPack. You shall not modify, reproduce, sell, sublicense, distribute, transmit, transfer, reverse engineer, decompile, disassemble or otherwise divulge, directly or indirectly, by any means or any form, the TechPack, or any portion thereof, without our prior written consent. You shall ensure that you and your Salespeople do nothing that violates our or the Third-Party Providers’ patent, trademark, copyright or other intellectual property rights.

Compliance with Laws

You represent and warrant that your use of the TechPack and the Services, and the information, data and content provided as part of the TechPack and the Services, will comply at all times with all federal, provincial, and local laws, regulations, ordinances, court orders

You will comply with all federal, provincial, and local laws, and regulations governing privacy, consumers’ rights, and data protection, including without limitation, any applicable “Do Not Call” or “Do Not Mail” laws, rules and regulations.

We reserve the right to suspend or terminate your access to the TechPack and the access to its Services, with or without notice, and to take any other action that we determine in our sole discretion is necessary as a result of any behavior by you that is illegal, inappropriate, disruptive to the TechPack, the Services, or to any other user of the TechPack or the Services, or which otherwise breaches these Terms. We may report to law enforcement authorities any actions that may be illegal. When legally required, or otherwise in our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity conducted using the TechPack or the Services.

Password

You are responsible to safeguard your login and password to the TechPack. Damage to your data and the TechPack may result if your password is cracked or breached. If you believe that your password or that of your Salespeople has been breached you must notify us immediately. We are not responsible for damages or lost data as a result of your failure to safeguard your password.

YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR ACCOUNT, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE.

Confidentiality

The information, data and content provided as part of the TechPack are the confidential information of us and/or the Third-Party Providers. We may also disclose to you, as part of or in conjunction with the Services, other confidential information. You agree to hold all such confidential information in confidence, in whole or in part, and not to use or disclose such confidential information to anyone except in connection with those uses and disclosures that are expressly permitted by these Terms. You further agree to use at least that degree of care which you use to protect your own information of a similar confidential nature, but in no event using less than reasonable protection.

We own the trademark to TechPack and our logos both text and designs. The Third-Party Providers own their own trademarks. Neither our trademarks or the trademarks of the Third-Party Providers and may be copied, imitated or used, in whole or in part without the prior express written consent of the trademark owner. In addition, all page headers, custom graphics, design and user interface elements, and scripts are service marks, trademarks, and/or trade dress of the TechPack and may not be copied, imitated, or used, in whole or in part without our prior written permission.

Indemnity

You will indemnify, defend, and hold us harmless from any lawsuit or proceeding brought against us, our affiliates, and any of our respective officers, directors, employees and agents, based upon or otherwise arising out of any conduct by you or your Salespeople related to the use of TechPack including but not limited to content uploaded or disseminated by you.

Disclaimer of Warranties

THE TECHPACK AND THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. WE DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, OF ANY KIND REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, SATISFACTORY QUALITY, ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE TECHPACK AND THE SERVICES. WE WILL NOT BE LIABLE FOR YOUR OR ANY THIRD PARTY’S HOME PURCHASE OR SALE DECISIONS, INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES. ANY AND ALL USE OF, AND INTERPRETATIONS AND DECISIONS MADE BY YOU AS A RESULT OF USING, THE SERVICES OR ANY INFORMATION PROVIDED BY US ALSO INCLUDES YOUR OPINION AND JUDGMENT. YOU HAVE FULL RESPONSIBILITY FOR USE OF, AND ALL SUCH INTERPRETATIONS AND DECISIONS MADE BY YOU USING, THE SERVICES OR ANY INFORMATION PROVIDED BY US. YOUR USE OF OR RELIANCE UPON THE TECHPACK AND THE SERVICES AND ANY RESULTS PRODUCED BY OR OBTAINED VIA THE USE OF THE TECHPACK AND THE SERVICES WILL BE SOLELY AT YOUR OWN RISK AND WE WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM INACCURACY, INCORRECTNESS, UNSOUNDNESS, AND/OR UNRELIABILITY OF THE SERVICES OR RESULTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE OUR AFFILIATES, AGENTS, EMPLOYEES, CONTENT PROVIDERS OR ANY PERSON OR ENTITY THROUGH WHOM WE MAKE THE TECHPACK AND THE SERVICES AVAILABLE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS, THE SITE, THE TECHPACK AND THE SERVICES, OR THE USE OF, OR RELIANCE ON, THE TECHPACK AND THE SERVICES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, STRICT LIABILITY OR NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY.

OUR AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, AND THE USE OF, OR RELIANCE ON, THE TECHPACK AND THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE FEES PAID BY YOU TO US FOR THE SPECIFIC SERVICE WHICH IS THE SUBJECT OF THE CLAIM, OR (ii) $50.00 CANADIAN

WE WILL NOT BE LIABLE FOR ANY PUNITIVE, SPECIAL, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE SITE, TECHPACK AND THE THE SERVICES, AND THE USE OF, OR RELIANCE ON, THE TECHPACK AND THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE DO NOT ENDORSE, WARRANT OR GUARANTEE, AND WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY FOR, THIRD-PARTY PROVIDER, ANY THIRD PARTY GOODS, PRODUCTS, SERVICES OR CONTENT AVAILABLE THROUGH THE SITE THE TECHPACK AND THE OR SERVICES, OR THIRD PARTY WEB SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTIES.

Third-Party Websites, Links, and Information

The TechPack contains information, products, and services provided by the Third-Party Providers and links (including advertisements) to websites made available by third parties. We do not control this information or these products, services, or websites, we do not make any representations or warranties, express or implied, regarding this information or these products, services, or websites and will not be liable for any information or services you receive from them. Inclusion of any of the foregoing in the TechPack does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with us with respect to any third party, any third party’s website or its content, or any information, products, or services provided by a third party.

Ownership and Copyright

You acknowledge and agree that: (i) the TechPack and the information, data and content provided as part of the Services including without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information”) are owned by us and/or the Third-Party Providers, licensors, content providers and other suppliers (ii) the Proprietary Information contains valuable copyrighted material and is protected by intellectual property laws; (iii) you have no rights in the Proprietary Information, other than the rights and licenses granted to you by us or the Third-Party Providers.

You further acknowledge and agree that you will not use the TechPack, the Services for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect any portion of the Services from illicit distribution or use.

You will not use the information, data and content provided as part of the TechPack, or the Services in any way that: (i) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising), or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.

General Terms

Governing Law and Jurisdiction. These Terms are governed by and construed in accordance with the laws of the province of Ontario, or where applicable the federal laws of Canada excluding conflicts of law rules. You hereby consent to, and agree to bring any and all claims in a dispute exclusively in a court of competent jurisdiction in Toronto, Ontario. Any such claim must be litigated on an individual basis, and must not be consolidated in any claim of any other party.

Entire Agreement. These Terms, any additional terms and conditions posted on the Site, and the Software License Agreement, together constitute the entire agreement between you and us with respect to the Site, the TechPack and Services, and supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between you and us. If there is a conflict the Software License Agreement shall control. You also will be subject to additional terms and conditions that may apply when you use or license the Third-Party Providers services.

Severability. To the maximum extent possible, each provision in these Terms will be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of these Terms is held to be invalid or unenforceable under applicable law, such provision will be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision will be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in these Terms.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the TechPack, Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Assignment. we may freely assign these Terms or any of its rights or obligations hereunder to any third party. Neither these Terms nor any obligations or rights hereunder may be assigned, delegated, or otherwise transferred by you without our prior written consent, which consent may be withheld in our sole discretion. Any attempted assignment in violation of this provision will be void. Subject to the foregoing, these Terms will inure to the benefit of the parties’ permitted successors and assigns.

Third Party Beneficiaries. These Terms will not be interpreted or construed to confer any rights or remedies on any third parties, except as expressly stated in these Terms.

Waiver. Any waiver by us of any right or provision of these Terms must be in a writing signed by us. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against you or us.

Independent Contractors. you and us are independent contractors, and nothing in these Terms is intended to create, or will be construed as creating, any employment, partnership, joint venture or comparable relationship.

Force Majeure. we will have no liability to you or any third party for any failure by us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond our reasonable control, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, failure or delay in transportation, civil commotion or other event of force majeure.

Non-Exclusive Remedy. Except as otherwise expressly stated herein, termination, expiration or cancellation of these Terms, your account or your use of the TechPack, Site or the Services found at the Site will be a non-exclusive remedy of us and will be without prejudice to any other right or remedy we may have. Except as otherwise expressly stated herein, our rights and remedies are cumulative and not alternative.

Survival. The rights and obligations of the parties which are expressly stated to survive, and all other terms and conditions which by their nature are intended to survive, will survive the termination, expiration or cancellation of these Terms, your account or your use of the Site or the Services found at the Site.