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.
4. Ownership
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.
6. Privacy Policy
Please refer to our Privacy Policy located on the Website, which contains important information about our practices in collecting, storing, using and disclosing information about an identifiable individual or otherwise subject to applicable privacy laws (“Personal Information”), and which is hereby incorporated into and forms a part of these Terms of Service. You acknowledge that you have carefully read and understand our current Privacy Policy which is available at www.NxtHm.com and consent to our practices regarding Personal Information.
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.
9. Disclaimers
(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
(a) These Terms of Service constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(b) Either party’s failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provisions or right.
(c) If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Service and all other provisions of these Terms of Service will remain in full force and effect.
(d) The following Sections, together with any other provision of these Terms of Service which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Service, will survive expiration or termination of these Terms of Service for any reason: 4 (Ownership), 6 (Privacy Policy), 8 (Third Party Websites), 9 (Disclaimers), 10 (Limitation of Liability), 12 (Governing Law and Jurisdiction), and 13 (General Provisions).
(e) It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
(f) The Website is not intended to solicit business from any user who is under contract with another real estate brokerage within Ontario, Canada.
