Version 1.0 - Current as of December 12, 2017
Thanks for using HomeHub360™.
In order to use HomeHub, you must:
1. be at least eighteen (18) years old and able to enter into contracts; and
2. complete the registration process; and
3. be issued HomeHub by a licensed real estate professional with a valid, active subscription to use to RealOffice360™ (the “Issuing Agent”); and
4. agree to the Terms; and
5. provide true, complete, and up to date contact information.
By using HomeHub, you represent and warrant that you meet all the requirements listed above, and that you won’t use HomeHub in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) HIA® may refuse service, close accounts of any users, and change eligibility requirements at any time. You agree that any decision or choice You are making to use any of Our Services or information provided is Your sole responsibility and HIA® has no liability with respect to this decision.
The Term begins when you sign up for HomeHub and continues until You cancel the Service, the Service is terminated by Us in accordance with these Terms, or the date upon which the subscription of RealOffice360™ by the Issuing Agent is terminated or cancelled (the “Term”). Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for HomeHub on behalf of another individual or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or HIA® may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. Once terminated, we may permanently delete your account and all the data associated with it, including all your data stored on our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
We may change any of the Terms by posting revised Terms on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of HomeHub. We may change the Website, the Service, or any features of the Service at any time.
5. Account and Password
You’re responsible for keeping your username and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don't have access to your current password, and for security reasons, we may only reset your password.
6. Account Disputes
We don’t know the inner workings of your world or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party.
7. Monthly Plans
Our charges for monthly plans are posted on our Website and may be changed from time to time. We currently do not charge for the use of HomeHub however this may be changed from time to time.
8. Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
9. License to Use HomeHub
We grant you a license to use HomeHub during the Term of this Agreement.
10. Proprietary Rights Owned by Us
You will respect out proprietary rights in the Website and the software used to provide HomeHub (proprietary rights include trademarks, service marks, trade secrets, and copyrights).
11. Proprietary Rights
HIA® is not responsible or liable for any actions taken by your real estate professional which may violate your local real estate board rules by entering any real estate data, and you expressly agree to indemnify HIA®, its officers, directors and affiliates for a breach of this section.
13. Right to Content
14. Messages and Sharing
Our Services allow messaging and sharing of information in many ways, such as your profile, links to news articles, Internal Messaging, Forums and email communication. Information and content that you share or post may be seen by only those individuals You wish. Where we have made settings available, we will honor the choices You make about who can see content or information (e.g., sharing to an real estate agent or insurance broker.)
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
15. Service Availability
RULES AND ABUSE
16. General Rules
You promise to follow these rules:
1. You won’t share your account with anyone else
2. You won’t violate our Client Acceptable Use Policy, which is part of this Agreement
3. Your communications, through electronic message, do not promote hate, incite harm or promote discriminatory, hateful or harassing content.
4. You will comply with all of the Terms contained herein.
If you violate any of these rules, then we may immediately suspend or terminate your account, without prior notice to you.
17. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately.
HIA® reserves the right to limit your use of the Services, including Your ability to contact other Members. HIA® reserves the right to restrict, suspend, or terminate your account if HIA® believes that you may be in breach of this Agreement or law or are misusing the Services.
19. No Warranty
TO THE EXTENT ALLOWED UNDER LAW, HOME INVESTMENT ADVISORS LTD. (AND THOSE THAT HIA® WORKS WITH TO PROVIDE THE SERVICES)
(A) DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT);
(B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND
(C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, HIA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES IN RESPECT OF THE SERVICE.
20. Limitation of Liability
TO THE EXTENT PERMITTED UNDER LAW, HIA® (AND THOSE THAT HIA® WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY LOSS, CLAIM, ACTION, INJURY, OR DAMAGES, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HIA® AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF HIA® HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU. This section shall survive the termination or cancellation of these Terms.
21. Compliance Under Canadian Anti-Spam Legislation
By using any of Our services, You are representing and agreeing that You have given both HIA® and the Issuing Agent implied consent to contact You, as required under Canadian Anti-Spam Legislation. You agree to indemnify and hold harmless HIA® for any and all actions or causes of action, including costs, which may arise of any nature whatsoever, including administrative actions by a governmental body, by virtue of Your breaching any statute or law. This section shall survive the termination or cancellation of these Terms.
You agree to indemnify and hold HIA® harmless from any losses, including, but not limited to, attorney fees (on a solicitor-client, full indemnity basis) that result from any claims you make that aren’t allowed under these Terms due to the “Limitation of Liability” or other provision. You also agree to indemnify and hold HIA® harmless from any actions, claims, damages and losses, including, but not limited to, attorney fees (on a solicitor-client, full indemnity basis), in consequence of claims by any third-party for any loss, injury, claims, damage to them, their business or their property in connection with this Service and this Agreement, for which HIA® are claimed or made liable. This section shall survive the termination or cancellation of these Terms.
23. Internet/Data Plan
To use the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a personal computer, laptop, tablet or cellular phone. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
24. Governing Law & Dispute Resolution
You agree that the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the provincial courts of Alberta, Canada and we each agree to personal jurisdiction in those courts.
25. No Reliance
You agree that HIA® is not responsible for content or information or for any damages as result of Your use of or reliance on such content and information, and you agree to indemnify and hold harmless HIA® its directors, officers, employees, agents, consultants, successors and assigns for damages that result to your pursuant to this provision.
26. No Unlawful Use
As a condition of Your use of any of Our services, You warrant to Us that You will not use any of our services for any purpose that is unlawful, or is prohibited by this Agreement. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Our website.
27. Links to Third Party Sites / Third Party Services
28. No Joint Venture
Unless otherwise agreed in a separate writing, you agree that no joint venture, partnership, employment, or agency relationship exists between you and HIA® as a result of the use of any of HIA® available services. HIA® performance is subject to existing laws and legal process, and nothing contained herein is in derogation of HIA® right to comply with governmental, court and law enforcement requests or requirements relating to your use of Our services or information provided to or gathered by HIA® with respect to such use.
All images, copy and layouts contained in the HIA® products are copyrighted by HIA®, and may not be reproduced, edited or altered in any form. Also, you DO NOT have permission to re-design, or use part of any of Our design to make another design (such as, but not inclusive of, a sign or logo).
30. Notices and Service Messages
You agree that we may provide notices to you in any of the following ways:
1. A banner notice on the Service, or
2. an email sent to an address you provided, or
3. through your Issuing Agent provider, or
4. through other means including mobile number, telephone, or mail.
You agree to keep your contact information up to date.
You will not transfer any of your rights or obligations under this Agreement to anyone else without our express written consent. We may assign our rights to any other individual or entity at our discretion.
32. How To Contact Us
If you want to send us notice, please contact us:
· ONLINE at: homehub360.com
· OR BY EMAIL at: firstname.lastname@example.org
· OR BY MAIL at: Home Investment Advisors Ltd. C/O The Inc. #140, 3553 31 Street NW Calgary, AB T2L 2K7
The headers and sidebar text are provided to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this agreement is interpreted.
34. General Terms
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that HIA® has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that HIA® may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 32.
Failure to adhere or comply with any of the above terms may result in the unilateral termination of Your right to use Our Services, at Our sole discretion, and of Your account, and we further reserve all available legal remedies against You to pursue a damage claim, or any other legal remedy that is available in law, should one arise by virtue of Your breach of this provision or any other provision contained in these terms.
35. Entire Agreement
Unless otherwise specified herein, these terms constitute the entire agreement between You and Us with respect to the Website and Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the You and Us with respect to the Website and Service. The terms and conditions contained in this Agreement will apply to You regardless of the jurisdiction of your residence or where you are accessing the Websites or any of HIA® services from.