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Revalio.com – Terms of Service
Last Updated: August 12, 2020
BY USING THE REVALIO.COM WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF SERVICE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 2 BELOW TITLED “CHANGES TO THESE TERMS OF SERVICE AND THE WEBSITE”. THE TERM “YOU” AND “USER” REFERS TO THE PERSON OR ENTITY VISITING THE WEBSITE (AS THE TERM IS DEFINED BELOW) OR ACCESSING OR OTHERWISE USING THE NXTHM WEBSITE (“USE” OR “USING” IN THESE TERMS OF SERVICE WILL MEAN ANY OF THE FOREGOING). IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MUST NOT USE THE REVALIO WEBSITE.
1. Acceptance of Terms of Service
The following terms of service (the “Terms of Service”) govern your use of our website located at www.Revalio.com (the “Website”). These Terms of Service form an agreement between NXtHm.com which is a website operated by O’Neill Advisors Inc., a corporation and real estate brokerage registered in Ontario, Canada (the “Company”, “us”, “we”, “our”), and you (or “your”, “user”).
2. Changes to these Terms of Service and the Website
Except where prohibited by applicable law, we reserve the right to change these Terms of Service at any time without notice. Your continued use of the Website after any changes to these Terms of Service indicates your acceptance of such changes. It is your responsibility to review these Terms of Service regularly for any changes. We also reserve the right to change any information, material or content contained on or provided through the Website at any time, and from time to time, without notice.
3. Usage of the Website
The Website is provided to you solely (the “Permitted Use”) to assist with your search for real estate related information. We will make available the Website for your use in accordance with these Terms of Service and the Permitted Use only. We retain the right, at our sole discretion, to temporarily or permanently deny you access to the Website (or any part thereof) for violation of these Terms of Service. You grant to us a perpetual, irrevocable, royalty-free, fully paid-up and worldwide license to access, collect, store, disclose and use any data, information, records and files that you load, transmit to or enter into the Website for the purposes of: (i) making available the Website; (ii) developing and improving the Website; (iii) complying with applicable law; and (iv) complying with our reasonable audit and data retention policies.
We expressly reserve all rights in and to the Website (and any part thereof) that are not specifically granted to you under these Terms of Service. You acknowledge and agree that all right, title and interest in the Website (and any part thereof), all information, material or content provided by us to you in connection with these Terms of Service, and any update, adaptation, translation, customization or derivative work to any of the foregoing, will remain with us (or our third-party suppliers, if applicable). The Website and all materials provided by us hereunder are licensed or made available, but not “sold”, to you.
5. User Accounts
You may be required to sign up for a user account (the “User Account”) using the available interfaces on the Website, including through authenticating with third-party services such as Google Sign-In or similar sites in order to become a user (“User”) and use the Website. You will ensure your details and contact information associated with your User Account are accurate and current at all times. You acknowledge and agree that we may contact you at the contact information you have provided us in connection with your access to and use of the Website, including sending you reminder updates to keep information you have provided us current or other communications as we desire. We reserve the right to disable any User Account at any time in the event that we believe or reasonably suspect that it has been used contrary to these Terms of Service or otherwise misused.
7. No Unlawful or Prohibited Use
You will not, without our prior written permission, use the Website for purposes other than the Permitted Use. Without limiting the generality of the foregoing, You will not, and will not permit anyone else to: (a) “frame”, “mirror” or otherwise incorporate the Website or any part thereof on any commercial or non-commercial website; (b) access, monitor or copy any part of the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the Website; (e) deep-link to any portion of the Website for any purpose; (f) remove any watermarks, labels or other legal or proprietary notices included in the Website; (g) modify or attempt to modify the Website, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Website; (h) use the Website as part of any service for sharing, lending or multi-person use; (i) attempt to assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Website; (j) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Website; (k) create adaptations, translations or derivative works based on the Website, in whole or in part, or decompile, disassemble, reverse engineer or otherwise exploit any part of the Website; (l) use the Website in a manner that violates the rights (including, but not limited to intellectual property rights) of any third-party; or (m) upload to or transmit through the Website any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by our sole discretion.
8. Third-Party Websites
The Website may provide links to third-party websites. We do not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under our control, and if you choose to access any such website, you do so entirely at your own risk.
(a) GENERAL. USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY OR TIMELINESS OF THE WEBSITE, OR THAT THE WEBSITE IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.(b) ACCURACY AND RELIABILITY OF INFORMATION AND DATA. WITHOUT LIMITING SECTION 9(a), YOU ACKNOWLEDGE AND AGREE THAT THE DATA AND INFORMATION WE MAKE AVAILABLE ARE COLLECTED FROM OUR RESEARCH AND OTHER SYSTEMS AND THAT WE HAVE NO CONTROL OVER THE QUALITY, ACCURACY, TIMELINESS OR USEFULNESS OF THOSE. YOUR USE OF ANY SUCH DATA OR INFORMATION IS ENTIRELY AT YOUR RISK. SUCH DATA AND INFORMATION IS MADE AVAILABLE FOR YOUR CONVENIENCE ONLY, AND WE RECOMMEND YOU PERFORM YOUR OWN DILIGENCE BEFORE MAKING DECISIONS BASED ON SUCH INFORMATION, INCLUDING CONTACTING YOUR OWN PROFESSIONAL LEGAL, ACCOUNTING, REAL ESTATE AGENT, HOME INSPECTOR AND OTHERS AS MAY BE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE OR LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY OF THESE TERMS OF SERVICE DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF US OR OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY EXCEED $10 CDN. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
11. Term and Termination
These Terms of Service will commence on the day you first use the Website and will continue in force until terminated by either party (the “Term”). Either party may terminate these Terms of Service as follows: (a) we may terminate these Terms of Service at any time and with immediate effect; and (b) you may terminate these Terms of Service with prior written notice by requesting (by email or through any then-available interfaces on the Website) that these Terms of Service be terminated between the parties and all your User Accounts be deleted and by immediately ceasing use of the Website.
12. Governing Law and Jurisdiction
These Terms of Service will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. These laws apply to your use of the Website, notwithstanding your domicile, residency or physical location. The Website is intended for use only in jurisdictions where it may lawfully be offered for use. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Website.
13. General Provisions
Revalio.com (the “Website”) is owned and operated by O’Neill Advisors Inc., a corporation and real estate brokerage registered in Ontario, Canada (the “Company”, “we”, “us”). We value and respect your privacy and use the data collected to benefit you during your search for real estate related information on the Website.
1. Collection and Use of Personal Information
The Website may collect personal information when you interact with the Website in one of the following methods: Visit The Website: We collect certain technical and usage information when you use the Website, such as the type of device, browser, and operating system you are using, your Internet Service Provider (ISP) or mobile carrier, unique device identifier, IDFA (Identifier for Advertisers) or IDFV (Identifier for Vendors), MAC (Media Access Control) address, IP (Internet Protocol) address, device and browser settings, the webpages and mobile applications you use, advertisements you view and interact with, and certain Website usage information. Create an Account: You do not have to register to visit or to use the Website. However, if you choose to create an account in order to access additional features, we require certain information. We use this information to create and administer your account. We strongly recommend that you do not disclose your username and password to anyone. We will never ask for your password in any communication (such as letters, phone calls or email messages). If you become aware of any expected or confirmed unauthorized access to or use of your account, you are required to notify us immediately. Contact Us: When you contact us with a comment or question through email, telephone, or the “Contact Us” form on our Website, you may be asked for information that identifies you, such as your name, address and a telephone number, along with additional information we need so we can answer your question or respond to your comment. We may retain this information to assist you in the future and to improve our service offerings.
2. Sharing of Personal Information
We do not sell, rent or disclose your personal information to third-parties without your consent, except as described elsewhere in this document or as required or permitted by applicable law. Where required or permitted by applicable law, we may share information for other reasons we may disclose to you. Service Providers: Your personal information may be transferred (or otherwise made available) to third-parties that provide services on our behalf. We use service providers for activities and services such as hosting the Website. Our service providers are only provided with the information they need to perform their designated functions and are not authorized to use or disclose personal information for their own marketing or other purposes. Our service providers may be located in the U.S., Canada or other jurisdictions. In the event personal information is transferred to the U.S. or other foreign jurisdiction, that information may be subject to the laws of that jurisdiction and may be disclosed to or accessed by the courts, law enforcement and governmental authorities in accordance with those laws. Prospective Partners: We may share statistics about users of the Website and services, in an aggregated manner where possible and practical, to prospective partners. Legal and Compliance: We, our affiliates and our Canadian, U.S. and other service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, to other organizations in the case of a breach of an agreement or contravention of law or for the purposes of detecting, preventing or suppressing fraud, or as otherwise required or permitted by applicable Canadian, U.S. or other law (which may include lawful access requests by courts, law enforcement and government institutions in such foreign jurisdictions). We may also disclose personal information where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspect loss or harm to persons or property. Where a disclosure of our Website users’ information is required by applicable law, we will under best efforts notify that user prior to complying with such requirements (to the extent we are not prohibited from doing so) and fully cooperate with our user’s instructions with respect to our response.
3. Information About The Website
4. Safeguards and Retention
We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfil their job requirements. We have record retention processes designed to retain personal information for no longer than necessary for the purposes set out herein or as otherwise required to meet legal or business requirements.
5. Your Choices
Email Communications: You may unsubscribe at any time from our email communications, by clicking the “Unsubscribe” link included in the email. Alternatively, you can opt-out of receiving our communications by contacting us as outlined in the “Contact Us” section of this document. Managing Cookies and Other Technologies: Cookies can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). Check your browser settings to learn how to manage cookies. You may adjust your browser to reject cookies from us or from any other website. Controlling cookies via browser controls may not limit our use of other technologies. Please consult your browser’s settings for more information. Blocking cookies or similar technology might prevent you from accessing some of our content or Website features. Google Analytics or Other Tools: To opt-out of Google Analytics or other tools relating to your use of the Website, you may choose to download and install the appropriate browser plugin at google.com or other appropriate sites.
6. Access to Information
Subject to limited exceptions under applicable law, you have the right to access, update your personal information in our custody and control. You may request access for updating and corrections of inaccuracies in your personal information in our custody by emailing or writing to us at the contact information provided in the “Contact Us” section of this document. We may request certain personal information for the purpose of verifying the identity of the individual seeking access to his or her personal information records.
8. Contact Us