Real Estate Webmasters Inc. ("REW") is a technology company providing online real estate products and services, including website templates and web-delivered applications and plugins hosted on the REW server and online marketing and social media services.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR DO NOT WISH TO BE BOUND BY THE TERMS, THEN DO NOT ACCESS OR USE THE WEBSITE OR OFFERINGS.
REW may change the Terms at any time without notice to you. You are responsible for, and encouraged to, review the Terms regularly. The date of the last revision to the Terms can be found at the bottom of this document. Your continued access and use of the Website and Offerings after this date signifies your consent to any changes to the Terms.
Purpose and Content
The purposes of the Website and Offerings are to:
- allow you to browse information regarding REW and its products and services;
- submit orders for REW's products and services;
- provide REW clients with access and use of REW's products and services; and
- contact REW through the Website or social media with questions or inquiries.
All information and content provided on the Website and through the Offerings is not intended to be used for any other commercial purpose in any manner.
The purchase, access and use of REW's products and services is subject to additional terms and conditions ("Product and Service Terms"). When you purchase REW's products and services and access such Offerings through the online client administration system, you must abide by the Terms and any Product and Service Terms.
REW permits you to post comments on the Website. You are solely responsible for all comments you post and for compliance with the Terms and any other applicable law. REW is not responsible for any comments posted, including but not limited to, any errors or omissions in those comments. REW reserves the right, but is not obligated, to monitor comments posted on the Website and to remove any comments which, in REW's sole opinion, violates or may violate the Terms, any applicable law or upon request of a third party. REW does not endorse any comments posted on the Website.
You retain rights to any comments you post on the Website. By posting comments on the Website, you grant REW a worldwide, irrevocable, perpetual, non-exclusive and royalty-free license to use, reproduce, process, adapt, modify, publish, transmit, display and distribute such comments in any and all media or distribution methods now known or later developed.
Online Client Administration System (REW Client Center)
The online client administration system can only be accessed by registered clients. You must register with your real name and information. You must not provide false information. You must not create multiple accounts or create accounts under fraudulent circumstances or through automated means. You must not transfer any account.
You may only access the online client administration system through your unique login and password. You are solely responsible for safeguarding your login and password. You must not share your login and password, permit others to use your login and password, or engage in any other act that may jeopardize the security of your account. You are solely responsible for any access of the online client administration system that results because you shared your login and password or as a result of the theft or misappropriation of your login and password.
REW is not responsible for any loss or damage that may arise from your failure to safeguard your login and password. You must notify REW immediately of any unauthorized use of your account.
Commercial Electronic Messages ("CEMs")
REW only sends CEMs, such as emails, in accordance with Canada's Anti-Spam Legislation ("CASL"). REW does not permit any user of the Website to use the Website to send CEMs. REW does not permit users of the Offerings to use the Offerings to send CEMs in violation of CASL.
You can contact REW through the Website. In the event that you send a request, inquiry or complaint to REW through the Website, REW will respond in compliance with CASL. A CEM sent to you in response to a request, inquiry or complaint will be limited to directly addressing that request, inquiry or complaint, subject to the inclusion of additional information that a person could reasonably expect to receive as a result of that request, inquiry or complaint. If you submit a request, inquiry or complaint through the Website, this will not constitute consent for further CEMs and REW will only ever CEMs in accordance with CASL.
You may subscribe to receive CEMs regarding REW's products and services. You will only receive such CEMS if REW has received your express consent. You can unsubscribe at any time at the link here. Your unsubscribe request will be processed within 10 business days of receipt.
Third Party Websites
The Website may contain links from other third party websites and all such websites are independent of REW. REW has no control over these third party websites and assumes no responsibility or obligations for such third party websites. The provision of such links does not constitute any endorsement of such linked websites, their content or information appearing on the Website.
For certain features of the Website and Offerings, you may choose to access REW's online offerings using an account established with a social networking or email platform ("Social Logins"). REW has no control over these social networking or email platforms and assumes no responsibility or obligations for such social networking or email platforms. Use of Social Logins is at your sole risk.
REW may use third party payees to process payments on behalf of REW. REW has no control over any third party payee website. REW is not responsible for the security or privacy of any information submitted to a third party payee. Use of any third party payee website is at your sole risk.
Use of the Website and Offerings
In accessing and using the Website and Offerings, you must not:
- reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Offerings, use of the Website or Offerings, or access to the Website or Offerings;
- sell, transfer, copy, distribute, redistribute, translate, reverse engineer, or recompile the Website or Offerings
- except as permitted in the Terms, use any frame or mirror of any content or images from the Website or Offerings to any other server or Internet-based device or use any images, including the use of thumbnails, copying, saving or recreating images or thumbnails, for any purpose;
- upload, download, post, email or otherwise distribute or transmit content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate local, provincial, federal or international law or infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of third party or contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages on the Website or through the Offerings or send unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications through the Website or Offerings;
- use any information or material from the Website or Offerings in any manner or use, post or engage in any activities that infringes a third party's intellectual property or rights of publicity or privacy;
- use the Website or Offerings to distribute to or otherwise disseminate any material or information of any kind that is libellous, inaccurate, profane, racist, intended to bully, harass, intimidate or harm, defamatory, obscene, sexually explicit, violent, pornographic, abusive or otherwise violates any law or infringes or violates any rights, including intellectual property rights, of any other person or entity;
- use the Website or Offerings to engage in activities or provide information that is false, inaccurate or misleading or to provide fraudulent or involve sale of counterfeit or stolen items;
- transmit any worms or viruses or any code of a destructive nature through the Website or Offerings;
- deep link or employ software or any automatic device, technology or algorithm that use any robot, spider, scraper or other automated means to access the Website or Offerings;
- provide information or participate in activities that will result in the transfer to the Website or Offerings of any viruses, Trojan horses, worms, corrupted files, hoaxes, time bombs, cancelbots, easter eggs and other computer programming routines that may damage, harm, interfere or expropriate any of the Website's or Offerings' systems, programs, content, information or applications, or that may track or monitor functionality in connection with the Website or Offerings, including, without limitation, to identify other users' views, actions or other activities on the Website or through the Offerings;
- directly or indirectly engage in activity, such as click throughs, in a coercive, misleading, malicious or fraudulent manner;
- bypass any measures that we have taken to restrict access to the Website or Offerings;
- engage in activities that would interfere with the operation of the Website or Offerings;
- impose an unreasonable load on the Website's infrastructure that would affect the operation of the Website;
- advertise to, or solicit to buy or sell any products or websites through the unauthorized or impermissible use of the Website or Offerings;
- circumvent or modify or attempt to circumvent or modify or encourage or assist any third party in circumventing or modifying any security technology or software that is part of the Website or Offerings or to cover or obscure online advertisements or safety features of pages of the Website or Offerings;
- modify, adapt or hack the Website or Offerings or modify another website so as to falsely imply that it is associated with the Website, Offerings or REW;
- attempt to impersonate another user, person or entity or REW representative in your use of the Website or Offerings or attempt to sell or otherwise transfer your rights to another third party;
- use any computer program or system to mine or harvest information, including addresses or other data of users from the Website or Offerings, for any purpose;
- post content that violates the Terms or disrupts or interferes with the security of, or otherwise abuse, the Website or Offerings or system resources, accounts, servers, or networks connected to or accessible through the Website or Offerings;
- access, tamper with or use non-public areas of the Website or Offerings or disrupt or interfere with any other user's enjoyment of the Website or Offerings;
- knowingly disable any technology or tool embedded in the Website or Offerings; and
- remove any copyright or other proprietary notices contained in the content on the Website or Offerings, caption information, or any other material on the Website or Offerings.
You do not acquire any right, title or interest in the Website or Offerings through use of the Website or Offerings. You must abide by copyright and other proprietary notices contained in the Website or Offerings.
With the exception of third party advertising or links, REW exclusively owns all information and screens appearing on the Website and Offerings, including all designs, graphics, text elements, site design, logos, images, buttons, and icons. REW owns the selection, assembly, and arrangement of all information and screens appearing on the Website and Offerings, including any and all intellectual property rights, such as copyright, trademarks, and other proprietary information. All third party advertising and links belong to their respective owners and must not be use by you for any purpose with the prior written consent of the respective owner(s).
REW also owns the right, title and interest to all content management systems, IDX frameworks, REW templates, REW blogs, mockups and compositions, final design frameworks, glossary software, directory software, all copy and graphics and all source code and PHP in the Website and Offerings.
REW and its logo are the property of REW. Certain other trademarks, trade names and logos on the Website and Offerings are the property of the respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property and shall result in immediate termination of your rights to use the Website and Offerings.
All content, except user content, that forms part of the Website and Offerings is subject to intellectual property rights, including copyright and trademarks held by or licensed by REW. All rights are reserved. The Website and Offerings display copyright and other proprietary notices. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information, including images, text, and page layout, or use any meta tags or any other hidden text utilizing our name or trademarks.
You may not use any of REW's logos or other proprietary graphic or trademark designs as part of any link.
Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law, as well as international copyright treaties and multilateral and bilateral agreements, protect the Website and Offerings. Unauthorized reproduction of the Website or Offerings, or any portion of the Website or Offerings, may result in severe civil and criminal law penalties.
You must not challenge or assist others to challenge any of REW's trademarks or application to register any of REW's trademarks or attempt to register any trademarks or tradenames that are confusingly similar to any of REW's trademarks. REW respects the intellectual property of others and we ask users of the Website and Offerings to do the same.
If you believe that REW or a user of the Website or Offerings has violated your intellectual property rights, you may report the matter through the REW contact form, available here. REW requires you provide a written request detailing the specifics of the intellectual property infringement, a link or the URL of your original materials and a link or the URL of the infringing material, and proof of ownership of the original material or proof of first publication. If REW chooses not to remove the allegedly infringing material, we will provide you with notification. REW will remove such allegedly infringing material upon submission of legal documentation of a ruling in your favour in regards to the allegedly infringing material.
Liability, Warranties, Representations and Indemnification
Your access and use of the Website and Offerings is at your sole risk. The Website and Offerings are provided on an "as is" and "as available" basis and REW disclaims any and all other warranties and representations.
Specifically, REW does not warrant that:
- the Website or Offerings will meet your specific requirements;
- the Website or Offerings will be available, uninterrupted, timely, secure, or error-free;
- that any third party products or services integrated with the Offerings will be available, uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the Website or Offerings will be accurate or reliable;
- the quality of any information obtained by you through the Website or Offerings will meet your expectations; or
- any errors in the Website or Offerings will be corrected.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL REW BE LIABLE FOR ANY GENERAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR OFFERINGS. SOME PROVINCES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. ALTHOUGH CERTAIN PROVINCIAL, STATE OR FEDERAL LAWS MAY NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, REW RELIES ON SUCH DISCLAIMERS AND LIMITATIONS TO THE GREATEST EXTENT ALLOWABLE BY LAW.
To the extent permitted by the laws of your jurisdiction, you agree to indemnify REW from and against all claims, liability and expenses, including legal fees and costs, arising from any unauthorized use of the Website or Offerings by you or from a substantial breach of the Terms. REW reserves the right, in its sole discretion and at its own expense, to defend any action or claim and you agree to co-operate fully with any such defense.
Termination or Suspension of Website
REW reserves the right to terminate, change, suspend or discontinue any aspect of the Website at any time without notice including, but not limited to:
- the availability of features;
- the information or content of the Website; or
- certain features on the Website.
REW may restrict access to all or parts of the Website at any time. REW reserves the right, but is not obligated, to correct any errors or omissions in any portion of the Website.
Any breach of the Terms by you will result in your right to use the Website and Offerings being terminated. The obligations in the Terms concerning use of the Website and Offerings, intellectual property and liability survive the termination of this agreement.
Your rights under the Terms cannot be assigned.
The failure of REW to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing the Website or Offerings, you agree that all matters relating to access to, or use of, the Website or Offerings, or any other hyperlinked website shall be governed by the laws of the Province of British Columbia and the federal laws of Canada as applicable and notwithstanding conflicts of law. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of British Columbia and acknowledge and do so voluntarily.
In the event that any term or condition in the Terms is found invalid by a court of competent jurisdiction, the invalid term or condition is severed and the remaining terms and conditions continue in full force and effect.
Real Estate Webmasters Inc.Effective Date: 2015-03-01