ListingPrime User Agreement
Welcome to the ListingPrime.com and ListingPrime.ca Internet websites (the "Websites"). These terms of use ("Website Terms") apply exclusively to your access to, and use of, the Websites so please read them carefully. ListingPrime offers the Websites to you conditioned on your acceptance of this agreement without modification. Your use of the Websites constitutes your acceptance of the Website Terms.
We reserve the right to change or modify any of the Website Terms and the Websites, at any time. These new Website Terms will be posted without notice and will be valid from the moment they are posted. Use of the Websites following any changes to the Website Terms will constitute your acceptance of the revised Website Terms.
Privacy
We believe in providing you information as to how we collect and use your data, including personal and personally identifying information, collected from the Websites. Please see our Privacy Policy for more information about how we collect and use information provided on the Websites.
"Only a Forum"
The Websites and services offered therein are solely a forum for connecting users of the Websites with licensed real estate agents, brokers and other real estate related service providers. We do not provide any real estate, real estate appraisals or real estate related services and do not promote ourselves as being licensed to perform any such services. While we do refer your request to real estate agents, brokers or other real estate service providers, we do not endorse, recommend or approve any one person, company or product. It is your responsibility to fully understand and use your personal judgment as to the experience or merits of any real estate agent, broker or real estate service provider that contacts you through the Websites. While we try to only refer licensed real estate agents, brokers or other real estate service providers, we do not guarantee, warrant or represent that any real estate agents, brokers or other real estate service providers that will contact you are licensed, qualified or capable of performing the service they offer. It is your responsibility to confirm the credentials of any real estate agents, brokers or other real estate service providers that contact you through the Websites.
Any issues with timeliness or accuracy of any services provided by real estate agents, brokers or other real estate service providers should be dealt with directly between you and the real estate agent, broker or other real estate service provider who performed the service. The Websites do not make any assurance, guarantee or warrant that the services you are provided will comply with any local, state, provincial, territorial, federal or international laws. The Websites do not accept any responsibility for illegal, untimely, incomplete, inaccurate or any other errors or omissions for services provided by any real estate agents, brokers or other real estate service providers who contact you through the Websites.
Use of Site
The Websites is for your personal use. It will not be used for commercial purposes. You will not use the site in any way that is unlawful or harms or is perceived to harm the Websites in any way. The Websites prohibit the resale, redistribution or any profiteering from any information provided you through the Websites.
Responsibility for Your Conduct
You are solely responsible and liable for any information that is uploaded, transmitted, entered automatically or entered manually, typed or pasted to the Websites. You may not provide any false information to the Websites or supply any information under false pretences. Any misuse of the Websites will result in immediate termination of your right to use the Websites.
Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to us, or postings on this Site, are non-confidential (subject to our Privacy Policy). We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Disclaimer
THE WEBSITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK. LISTINGPRIME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, LINKS, SERVICES AND PRODUCTS ON THE WEBSITE.
LISTINGPRIME DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE WEBSITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, CORRECT OR ERROR-FREE. LISTINGPRIME IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENT OF THE WEBSITES. LISTINGPRIME DOES NOT REPRESENT OR WARRANT THAT INFORMATION, ADVICE, SERVICE OR ANY OTHER DEALINGS YOU HAVE WITH REAL ESTATE AGENTS, BROKERS OR OTHER REAL ESTATE SERVICE PROVIDERS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, CORRECT OR ERROR-FREE. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, LISTINGPRIME CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVER(S) OR THIRD-PARTY SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL LISTINGPRIME, ITS DIRECTORS OR OWNERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. LISTINGPRIME WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, EITHER DIRECT OR INDIRECT, OF THE SERVICES, ADVICE OR INFORMATION PROVIDED BY A REAL ESTATE AGENT, BROKER OR OTHER REAL ESTATE SERVICE PROVIDER ASSOCIATED OR NOT ASSOCIATED WITH THE WEBSITES.
Termination
We may terminate or suspend your access to the Websites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Websites will immediately cease.
Applicable Law and Venue
These terms and conditions are governed by and construed in accordance with the laws of the Province of Alberta, applicable to agreements made and entirely to be performed within the Province of Alberta, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in provincial or federal court located in the Province of Alberta, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
General Terms
If any part of the Website Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Website Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Websites. Except as expressly stated herein, the Website Terms constitute the entire agreement between you and us with respect to the Websites.
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