Last Modified: January 21st, 2020
Collection of Personal and Business Information
We may collect your personal and business information including, but not limited to, your:
• Full name;
• Business name(s);
• Brokerage name;
• Mailing address;
• Email address;
• Phone number;
• Comments, feedback, reviews and other information you upload to the Portal or provide to us;
• IP address and location data;
• Website statistics and analytics data (including Google Analytics) regarding your use of the Portal and our website;
• Other types of raw data relating to how you interact with the Portal and our website, for example, your browser information and session duration;
• Profile photos, business logos and trademarks (where you elect to upload them); and
• All other information you provide to us on our Portal or otherwise;
Credit Card and Payment Processing Companies
We may also collect credit card and payment information from you via a third-party payment provider. We may also collect credit card information from you and subsequently provide that information to our payment provider. Their additional terms of service and privacy policies may apply to the collection and use of your personal information. If you have questions regarding our payment processor, please contact us.
Please note that third-party service providers may have their own privacy policies on the collection and use of your information which either we or you provide them.
The Use of Your Personal Information
• Facilitate the ordinary operation of the Portal;
• Verify your contact information;
• Promote our Portal and product offerings or updates to you in various forms of communication;
• Support and improve the Portal and provide user support to you;
• Communicate with you about your account or services we offer;
• Bill and collect money owed to us;
• Pursue available legal remedies to us and to prosecute or defend a court, arbitration or similar proceeding;
• Send or display informational and promotional materials from us about the Portal and our business;
• To meet legal requirements;
• To provide information to our representatives and advisors, including professional advisors;
• To enforce compliance with any terms and conditions and applicable law; and
• Enhance our Portal offerings to you and offer you related products and services, whether by advertisements, emails or otherwise.
IN ADDITION, WE RESERVE THE RIGHT TO PROVIDE YOUR CONTENT AND INFORMATION (INCLUDING BUT NOT LIMITED TO YOUR PERSONAL AND BUSINESS INFORMATION) UPLOADED OR COLLECTED BY OUR WEBSITE, PORTAL OR OTHERWISE TO THIRD PARTIES IF REQUIRED BY LAW (SUCH AS IN RESPONSE TO A SUBPOENA, COURT ORDER OR OTHER LEGAL PROCESS IN ANY JURISDICTION), AND TO COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF ANY CRIMINAL OR CIVIL MATTER.
IF WE ARE REQUIRED BY LAW TO MAKE ANY DISCLOSURE OF YOUR CONTENT OR PERSONAL OR BUSINESS INFORMATION, WE MAY (BUT ARE NOT OBLIGATED TO) PROVIDE YOU WITH WRITTEN NOTICE (TO THE EXTENT PERMITTED BY LAW) PRIOR TO SUCH DISCLOSURE SO THAT YOU MAY TAKE APPROPRIATE ACTION.
The Disclosure of Your Personal Information and Access to It
We may share your personal and business information with our service providers, suppliers, partners and employees to use that information in connection with one or more of the purposes for which that personal information was collected.We also operate the Portal in conjunction with our independent contractors. Our independent contractors may have access to your personal information in providing services to us, or providing you with access to the Portal. We may use a variety of service providers, contractors, servers (and other hardware) or employees in locations both inside and outside of Canada, which may make your personal information the subject of foreign laws and foreign legal proceedings.We may also disclose your personal information to our successors (if our business or the Portal is acquired by another legal entity) or any assignee of our assets relating to the Portal or other software.
WHILE WE TAKE MEASURES TO PROTECT PERSONAL INFORMATION, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF, SO LONG AS WE WERE NOT GROSSLY NEGLIGENT IN THE PROTECTION OF SAID INFORMATION.
Retention of Your Personal Information
We keep your personal information for as long as it is required for the purpose for which it was collected. There is no single retention period applicable to the various types of personal information collected.
Our Website and Portal may place a "cookie" in the browser files of your computer. Disabling cookies on your web browser may interrupt the proper use of the Website and Service.
Last Modified: September 29, 2022
WE ACCEPT NO RESPONSIBILITY FOR YOUR ACTIONS OR THE ACTIONS OF OTHER USERS OF THE PORTAL AND THE EXCLUSIVE LISTING NETWORK MODULE.
You agree to use our Website and Portal in accordance with the following acceptable use and code of conduct guidelines.
You agree that you:
1. Will not upload, copy, distribute, share, or otherwise use content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, pornographic, threatening, racially or ethnically offensive or abusive, that would violate another person's rights (including their intellectual property rights), constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, provincial, national or international law or regulation, or that is otherwise inappropriate;
2. Will not disclose personally identifiable information belonging to others without their express consent;
3. Will not upload, copy, distribute, share or otherwise use unsolicited or unauthorized advertising, promotional materials, or any junk mail;
4. Will comply, at all times, with Canadian and international anti-spam legislation, rules and regulations.
5. Will not upload, copy, distribute, share or otherwise use content that contains or embodies software viruses or any other malicious computer code that is designed to interrupt, undermine, destroy or limit the functionality of any computer software, hardware or communications equipment, or that is designed to perform functions on any software, hardware or equipment without the owner's express consent;
6. Will not disclose your password or transfer your account to any third party, or allow any third party to access your account;
7. Will not impersonate any person or entity;
8. Will not access the Website or Portal by any means other than through the interface provided by us for use in accessing the Website and Portal. This includes not using or launching any automated system including, without limitation, any spider, robot (or "bot"), scraper or offline reader that accesses the Portal in a way that sends more request messages to our servers in a given time period than a human reasonably can produce in the same time period.
9. Will not interfere with or disrupt the Website, Portal or servers or networks connected thereto, make the Portal available over a network (other than our network) where it could be used by others or disobey any requirements, procedures, policies or regulations of networks connected to the Portal;
10. Will not use the Website or Portal to artificially generate traffic or page links to a website or for any other purpose not intended;
11. Will not collect, harvest or store any personally identifiable information, including user account information, from us;
12. Will not use the Website or Portal in a way that has any unlawful or fraudulent purpose or effect;
13. Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Website or Portal, in whole or in part;
14. Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website or Portal;
15. Will not rent, lease, sublicense, transfer, sell, trade, resell or exploit for any commercial purposes any portion of the Website or Portal (including, without limitation, your account information, use of the Portal or access to the Portal;
16. Will not use your account for your own commercial purposes by sub-licensing any rights granted by the Terms or, in any way, sharing the benefit of your account with others. Your account is non-transferrable and may only be used by you;
17. Will not use the Website or Portal in any way that violates the Terms, or that aids, encourages, or purports to authorize anyone else to violate the terms of this policy;
18. Will not use the Website or Portal in any way that intentionally or unintentionally violates any applicable local, state, provincial, national or international law, rule or regulation;
19. Will not employ misleading e-mail addresses or falsify information in any part of any communication;
20. Will not upload, transmit, disseminate, post, store or post links to any content that:
(a) facilitates hacking or unauthorized access or use of data, systems, servers or networks including any attempt to probe, scan or test for vulnerabilities, or to breach security or authentication measures;
(b) interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack or any other means resulting in a crash of a host either deliberately or by negligence;
(c) infringes on, or contributes to any infringement of, any intellectual property, material protected by copyright, trademark, patent, trade secret or proprietary right of any party.Rules Applicable to Our Exclusive Listing Network
You agree that you:21. Will only access and use our Portal’s exclusive listing network (“Network”) if (a) you are duly issued an End-User account by your brokerage; and (b) you are employed by, or a contractor of, a real estate brokerage that has signed a BrokerBay Inc. software agreement permitting access to the Network;
22. Will not post or list any real property listings or assignment sales (“Listings”) on the Network for properties that are listed for sale or lease on any MLS® portal including but not limited to www.realtor.ca. Where a property is subsequently listed on a MLS® Portal or www.realtor.ca, you agree to immediately remove it from the Network;
23. Will not post or list a property on the Network unless a valid, complete, accurate and binding listing agreement is in effect between the property owner and the listing brokerage;
24. Will not post or list a property on the Network unless you have received express permission from the property owner to post and share the Listing on the Network;
25. Will not post contracts or assignment sales (“Assignment Sales”) on the Network unless; (1) you have express authority from the owner and all applicable consents and authorizations; (2) there are no contractual terms, in any agreement, limiting a party’s right to assign the contract or advertise or post the contract for sale or assignment; and
26. Will not upload any Listings to the Network which do not offer compensation to a co-operating brokerage.
You agree and acknowledge that the information found on the Network is privileged, confidential and highly sensitive information intended only for the purpose of sharing with qualified buyers that are your clients. You are not permitted to share your access to the Network or discuss listings on the Network except with your clients, internally with your brokerage or with other persons duly permitted to access the Network.
We reserve the right in our sole discretion to revise this policy, which will be posted on the Portal.
Last Modified: September 29, 2022
BrokerBay Inc. is a corporation formed pursuant to the Business Corporations Act R.S.O. 1990, CHAPTER B.16 in Ontario, Canada. In consideration for permitting your access to our website, online services and Portal (defined below) and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of BrokerBay Inc.'s, ("we", "us" or "our") real estate brokerage portal (“Portal”), whether it is hosted at http://brokerbay.ca, a unique customer domain or sub-domain.
IN THESE TERMS, THERE ARE PROVISIONS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU. YOU MUST REVIEW AND AGREE TO THESE TERMS, ALONG WITH ANY POLICIES INCORPORATED BY REFERENCE BEFORE USING THE PORTAL.
BY USING THE PORTAL, YOU, THE USER ("YOU" OR "YOUR"), REPRESENT AND WARRANT THAT:
1. YOU ARE OF THE AGE OF MAJORITY; AND
2. YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO ACECSS OR USE OUR PORTAL.
IF YOU ARE USING THE WEBSITE AND/OR PORTAL ON BEHALF OF, OR IN THE EMPLOY OF AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP, ETC.) OTHER THAN THE APPLICABLE ENTITY THAT SIGNED OUR SOFTWARE AGREEMENT, YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN SUCH A CASE, "YOU" AND "YOUR" WILL ALSO REFER TO THAT ORGANIZATION AND YOURSELF INDIVIDUALLY.
AS OUR WEBSITE AND PORTAL CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE THE PORTAL, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE PORTAL AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU SHALL IMMEDIATELY STOP ACCESSING THE PORTAL AND TERMINATE YOUR ACCOUNT, SUBJECT TO THE TERMS PROVIDED FOR HEREIN. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THE TERMS OR POLICIES.
Establishing an Account
Upon establishing a user account with us, we grant you a worldwide, non-transferable, non-exclusive right to access the Portal in accordance with these Terms. We reserve the right to revoke such access where (i) your account is no longer paid for under a corresponding enterprise software agreement; or (ii) we have reasonable grounds for believing you may have violated these Terms or any policy incorporated by reference.
Account Not Transferable, Updating Your Account & Security
If you establish an account with us (whether directly or via your employer or third party licence holder), access to your account is not transferrable and is only intended for the individual named on that account. You will be required to create a username and password. You are responsible for safeguarding the password you use to access the Portal and you agree not to disclose your password to any other person or entity. You agree you are responsible for any activity on your account, whether or not you authorized that activity. You also agree to immediately notify us of any unauthorized use of your account.
We take certain security measures to protect user content and data. While we take such measures, you acknowledge that communications and data may still be hacked or stolen by third-parties and involve transmissions over various networks and devices, including networks and devices not owned or controlled by us. We cannot guarantee that our security measures, or the security measures of any third-party or third-party integration (including MLS® data feeds), will be error-free or that others will never be able to defeat such security measures.You further agree and acknowledge that the Portal is hosted on third-party servers and may use third-party software, networks and hardware located in various jurisdictions.
ACCEPTANCE OF RISK AND DISCLAIMERS
UNLESS A SPECIFIC WARRANTY IS PROVIDED TO YOU IN WRITING BY US, EVERYTHING ON OUR WEBSITE AND PROVIDED AS PART OF THE PORTAL IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY DATA ACQUIRED OR PROVIDED TO US FROM ANY MLS® PORTAL (OR THEIR AFFILIATES), WHETHER PURSUANT TO A DATA AGREEMENT OR OTHERWISE.
YOU AGREE THAT WE ARE NOT OBLIGATED OR RESPONSIBLE FOR REVIEWING THE ACCURACY OR PROPRIETY OF ANY CONTENT YOU, OR ANY OTHER PERSON UPLOADS OR POSTS TO THE PORTAL, INCLUDING ANY LISTING INFORMATION POSTED ON THE EXCLUSIVE LISTING NETWORK. YOU AND THE LISTING BROKERAGE ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION SUBMITTED TO THE NETWORK AND TO CORRECT ANY INACCURACIES IMMEDIATELY AS MAY BE NECESSARY IN THE CIRCUMSTANCES.YOU AGREE THAT, WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF ERRORS OR INTERRUPTIONS, NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.
DISCLOSURE PURSUANT TO COURT ORDER, SUBPOENA OR OTHER LEGAL PROCESS
WE RESERVE THE RIGHT TO PROVIDE YOUR CONTENT AND INFORMATION (INCLUDING BUT NOT LIMITED TO YOUR PERSONAL AND BUSINESS INFORMATION) UPLOADED OR COLLECTED BY OUR WEBSITE OR PORTAL TO THIRD PARTIES IF REQUIRED BY LAW (SUCH AS IN RESPONSE TO A SUBPOENA, COURT ORDER OR OTHER LEGAL PROCESS IN ANY JURISDICTION), AND TO COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF ANY CRIMINAL OR CIVIL MATTER.
IF WE ARE REQUIRED BY LAW TO MAKE ANY DISCLOSURE OF YOUR CONTENT OR PERSONAL OR BUSINESS INFORMATION, WE MAY (BUT ARE NOT OBLIGATED TO) PROVIDE YOU WITH WRITTEN NOTICE (TO THE EXTENT PERMITTED BY LAW) PRIOR TO SUCH DISCLOSURE SO THAT YOU MAY TAKE APPROPRIATE ACTION.
WE ALSO OPERATE THE WEBSITE AND PORTAL IN CONJUNCTION WITH OUR INDEPENDENT CONTRACTORS. OUR INDEPENDENT CONTRACTORS MAY HAVE ACCESS TO YOUR PERSONAL INFORMATION IN PROVIDING SERVICES TO US, OR PROVIDING YOU WITH ACCESS TO THE WEBSITE AND PORTAL. WE MAY USE A VARIETY OF SERVICE PROVIDERS, EMPLOYEES AND SERVERS IN LOCATIONS BOTH INSIDE AND OUTSIDE OF CANADA, WHICH MAY MAKE YOUR PERSONAL INFORMATION THE SUBJECT OF FOREIGN LAWS AND FOREIGN LEGAL PROCEEDINGS.
TO THE EXTENT PERMITTED BY LAW, WITHOUT LIMITING THE GENERALITY OF THIS SECTION, OR ANY OTHER SECTION LIMITING OUR LIABILITY, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR THE ACTS OR OMISSIONS, INCLUDING THE NEGLIGENT ACTS OR OMISSIONS, OF OUR INDEPENDENT CONTRACTORS OR THIRD PARTY SERVICE PROVIDERS.
LIMITATION OF OUR LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR PORTAL, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PORTAL.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE OR PORTAL, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU (OR YOUR EMPLOYER ON YOUR BEHALF) TO ACCESS THE PORTAL, OVER THE PRECEDING SIX (6) MONTHS.
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND PORTAL, AND IF YOU ARE A PAYING USER, THE FEES PAID BY YOU, REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE PORTAL WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
Our Website and Portal contain open source and public domain content, licensed content as well as proprietary content owned by us and by third-parties. You are not permitted to copy or distribute any content (including but not limited to text, images, trademarks, videos and audio) on our website or Portal without the express consent of the owner. All other contents of our website and Portal including, but not limited too, the computer code, is the property of BrokerBay Inc. and/or our independent providers of content ("ICPs") with all rights reserved.
Without limiting the generality of the forgoing, you are not permitted to use any trademark or trade name of BrokerBay Inc., including our logo, without our express permission.
Our website and Portal permit you and other users the ability to upload and post content ("User Content"). We do not pre-screen User Content uploaded or posted to the website or Portal by you or other users. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Portal solely to facilitate the ordinary use of the Portal.
In addition to our Acceptable Use Policy, you agree not to use the Portal in any manner which may infringe copyright or other intellectual property rights of any third-party or in any manner which is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or in violation of these Terms.
We may, but have no obligation to, remove content and accounts that we determine in our sole discretion to be unlawful, damaging, or violate any third-party's intellectual property rights, these Terms or any policy incorporated by reference herein.
Feedback and Portal Usage Data
All rights, title and interest in and to our website, Portal and their contents or components are and will remain the exclusive property of BrokerBay Inc., our ICP’s and licensors, including all Intellectual Property Rights (as defined below), even if we incorporate any of your Feedback (as defined below) into subsequent versions.
Our website, Portal and their contents are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the website, Portal or their contents. You may not copy or modify the code used on the website or Portal.
To ensure our ongoing ownership of the Portal, all feedback, comments, and suggestions for improvements (the "Feedback") that you provide to us, will become our property. Upon giving such Feedback, you agree to transfer and assign to us, all your rights, title, and interest in and to such Feedback, including patent rights, copyright rights, trade secret rights and other intellectual property rights (collectively, the "Intellectual Property Rights"). Upon request, you agree to take reasonable measures to assist us in registering our ownership of such Feedback.
You acknowledge that it is possible for BrokerBay and its suppliers, in the course of performing, to collect or process data (other than personally identifiable information) that is submitted, stored, or generated during the use of the Portal, including but not limited to aggregated or anonymized data (“Portal Usage Data”). BrokerBay, its affiliates, and its suppliers may use or disclose Portal Usage Data for any of their business purposes, including but not limited to the purposes of billing, providing, repairing, improving, or analyzing the Portal.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website or Portal, please notify our copyright contact at [email protected]. While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.Linked SitesWhether or not we are affiliated with sites or third-party vendors that may be linked to our website or Portal, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We and other users provide links and references to material on other websites not owned or operated by us. Links found on our website or Portal are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding websites at your own risk.
Law of the Contract (Governing Law) and Jurisdiction.
These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.If any dispute arises between the parties relating to the application, interpretation, implementation or validity of this agreement, the parties agree to resolve the dispute by arbitration at ADR Chambers (http://adrchambers.com) using the ADR Chambers Expedited Arbitration Rules. The parties agree that the ADR Chambers Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto, and shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17, as amended from time-to-time. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.Waiver of Class Proceedings and Trial by JuryTo the extent permitted by law, you waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors.To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
The cancellation, suspension or termination of access to our website or Portal shall not terminate this agreement. Without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
Assignment of this Agreement
These Terms shall endure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our business or Portal, the transfer of control of BrokerBay Inc., or otherwise.
Right to Seek Injunction
Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.WaiverOur failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.Other TermsAny new features that augment or enhance the Portal, including the release of new versions, new modules, tools and resources, shall be subject to these Terms. Continued use of the Portal after any such changes shall constitute your consent to such changes.
Additional Limits on Use of Your Google User Data
BrokerBay will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for BrokerBay's internal operations and even then only when the data have been aggregated and anonymized.
BrokerBay SMS Short Code Notifications
1. Should you choose to opt into BrokerBay SMS notifications, you can expect to receive messages regarding appointment status updates on your property.
2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected]
4. Carriers are not liable for delayed or undelivered messages
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies based on the amount of appointment status updates occurring on your property. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
BrokerBay is made possible by the use of open source software. Click Here to view a list of open source licenses and attributions.
Terms Applicable to Supra eKEY® Application (“eKEY”) Functions Performed in the Portal
For users who are subscribers of eKEY, some functions that are typically performed in eKEY (e.g., iBox opening) may also be performed within the Portal.
You acknowledge that if you perform eKEY functions within the Portal, BrokerBay’s Terms of Service apply in their entirety, in addition to the terms of any written agreement you may have in place with Carrier Fire & Security Americas Corporation (“Supra”) covering your eKEY usage. In the event of conflicting terms, as to your use of eKEY within the Portal, the terms of your eKEY agreement with Supra will control.
You acknowledge that it is possible for Supra and its suppliers, in the course of performing, to collect or process data (other than personally identifiable information) that is submitted, stored, or generated during the use of eKEY functions in the Portal, including but not limited to aggregated or anonymized data (“eKEY Usage Data”). Supra, its affiliates, and its suppliers may use or disclose eKEY Usage Data for any of their business purposes, including but not limited to the purposes of billing, providing, repairing, improving, or analyzing eKEY.