Terms of Use

agence immobilière eXp

Please read the following carefully.

IMPORTANT! These Terms of Use govern your use of this website and any related mobile application (“Site”) and our services, including use of our real estate search tool and related tools (collectively, the “ Services”) which are owned, operated and provided by eXp Realty of Canada, Inc. (“eXp”, “we”, “ our”, “us”). Please read these Terms of Use carefully before using our Site and Services . Any person who wishes to use our Site and Services must accept these Terms of Use without change. by using our Site and Services, you are indicating your acknowledgment and acceptance of these terms of use and all related policies and guidelines of this Site, including our privacy policy, as described in these terms of use are incorporated by reference.

1. Modifications to Terms of Use

We may change these Terms of Use or any other policies or guidelines governing our Site and Services at any time in our sole discretion. Any changes will be effective upon the posting of the revisions on our Site. Your use of our Site and Services will be subject to the most current version of the Terms of Use posted on our Site at the time of such use. Your continued use of our Site and Services after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Use regularly. if you do not agree to any changes to these terms of use, please immediately discontinue your use of our Site and Services.

2. Privacy Policy

Please click here to read and review our Privacy Policy, which describes our privacy policies and practices in detail, as we may amend such policy from time to time. We advise you to check our Privacy Policy on a frequent basis for changes. You hereby consent to our use of your personal information in accordance with the terms and for the limited purposes described in our Privacy Policy. By agreeing to these Terms of Use, you acknowledge and agree that certain information about you is subject to our Privacy Policy.

3. Intended Users

You must be at least eighteen (18) years old to use our Site and Services. Your use of our Site and Services is a representation to us that you are at least eighteen (18) years of age. You agree to cooperate with us and any reasonable measures we may use to verify your identity and authority in connection with your use of our Site and Services.

If you are accessing our Site or Services on behalf of a body corporate (which includes a company or other organization with legal personality wherever or however incorporated), a partnership, a trust, a joint venture or an incorporated association or organization (the “ Company”), by accessing our Site and Services you represent and warrant that you are authorized to accept these terms on behalf of the Company and bind such Company.

4. Restrictions On Use

You may use our Site and Services for your own personal and commercial use as expressly permitted by these Terms of Use. You may not use our Site and Services for any other purpose without our express prior written consent. You may not authorize any other party to: (i) co‑brand our Services; (ii) frame our Site; or (iii) hyperlink to our Site, without the express prior written permission of an authorized representative of eXp. For purposes of these Terms of Use, “co‑branding” means to display any name, logo, trade-mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our Site or Services or which may confuse a user as the nature of the relationship between us and any party. You agree to cease and desist causing any unauthorized co-branding and framing or hyperlinking upon notice from us and at all times you will cooperate with us following our discovery of any such illegal activity.

5. Proprietary Suggestions

(a) The entire contents of our Site and Services, including without limitation, all names, designs, graphics, images, illustrations, photographs, artwork, video, audio, software, code, data, text, displays, the Site’s “look and feel”, logos, slogans, trade-marks, trade names, service marks, domain names, and the design, selection, arrangement and presentation of the Site and Services as a collective work and/or compilation is protected under Canadian copyright, trade-mark, competition and other laws of Canada and other nations, and is owned by us or has been licensed to us. Except as expressly provided in these Terms of Use, nothing contained in this Site and provided by our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark, service mark, or any other intellectual property.

(b) We may, from time to time, provide you with information, documents or resources, verbally, electronically or written (collectively, “ Documentation”) owned by us or licensed to us which are protected under copyright, trade-mark, patent and other intellectual property rights. All content in the Documentation, including the collection, arrangement, and assembly of such content, is our exclusive property or licensed to us. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in anyway, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Documentation or content in the Documentation, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without our prior written consent. You must not permit, allow or do anything that would infringe or otherwise prejudice our proprietary rights or allow any third party to access the Documentation. The restrictions set out in these Terms of Use do not apply to the limited extent the restrictions are prohibited by applicable law.

6. Applications to become an eXp Agent

You may wish to apply to become an eXp Agent through the link on our Site. When you click the “Join Our Team” tab, you will be directed to a third-party site owned and operated by eXp World Holdings, Inc. (“eXp World”) where you will have the opportunity to communicate with eXp World and provide information about yourself. Your use of the eXp World site, including any information you share with eXp World, shall be governed by eXp World’s terms and conditions and privacy policy found on the eXp World site. For more information about eXp World’s privacy practices, please review eXp World’s privacy policy available here .

7. Third Party Content

(a) Our Site and Services, including our real estate search tool, contains information or materials (“Third Party Content”) that is owned or provided by persons other than eXp (“ Third Party Providers”). We make no representations and warranties with respect to any such Third Party Content and do not undertake to conduct any independent investigation of Third Party Content. Inclusion of Third Party Content from Third Party Providers with our Site or Services does not mean, unless expressly stated otherwise, that we endorse or agree with such Third Party Content.

(b) You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.

(c) You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers unless expressly allowed by such Third Party Providers. You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use.

8. Hyperlinks

Our Site and Services contain hyperlinks to other sites that are not maintained by, or related to, eXp. Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by eXp of, any affiliation with or endorsement by the owner of the linked site. We have no control over such third party sites. We are not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to our Site or Services. Use of such third party sites, including any information, material and services in these sites, is solely at your own risk. You also understand and agree that our Privacy Policy is applicable only while you are using our Services. Once you are linked to another site, you should read the privacy policy of that site before disclosing any personal information.

9. Use of our Site and Services

(a) We expect that you will access and use our Site and Services in a professional, responsible and business-like manner in accordance with applicable laws. By using our Site and Services, you have the opportunity to engage in dialogue with representatives of eXp if you send us emails or contact us through our Site. We welcome your questions, suggestions, ideas and other information (collectively “ Suggestions”) that you communicate to us so long as any such Suggestions or interaction is not obscene, illegal, threatening, defamatory, libellous, harmful, abusive, harassing, tortuous, homophobic, sexist, vulgar, obscene, hateful, or racially, ethically or otherwise objectionable, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties.

(b) You are not obligated to provide us with Suggestions regarding our Site or Services. However, if you do provide us with Suggestions, then we retain all rights to any Suggestions that you may provide to us and you agree to grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use your Suggestions in any commercial manner.

(c) You further agree that you must use our Site and Services for lawful purposes only and represent and warrant that you will not use our Site and Services to:

(i) e-mail, provide us with or otherwise transmit any Suggestions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(ii) e-mail, provide us with or otherwise transmit any Suggestions that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;

(iii) remove any proprietary notices or labels, or any promotional or advertising material, from our Site and Services;

(iv) e-mail, transmit or send via the Internet any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(v) impersonate any person or entity or misrepresent your affiliation with any other person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our Site or otherwise communicating with us;

(vi) upload, e-mail, send via the Internet or otherwise transmit, any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any eXp or third party computer hardware, software, networks, or hardware or telecommunications equipment;

(vii) interfere or attempt to interfere with or disrupt our Services or Site including but not limited to our servers or networks connected to our Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” our Site or disobeying any requirements, procedures, policies or regulations of networks connected to our Site and Services;

(viii) direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;

(ix) intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Site and Services; or

(x) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any of our Services (except as may be expressly permitted in these Terms of Use), including but not limited to any portion of our Site.

10. Disclaimer of Warranties/Limitation of Liability

(a) You understand that we will use commercially reasonable efforts to provide our Services, but we cannot and do not guarantee or promise any specific and intended results from the use of our Services. You also understand that any information in our Site, Services and Documentation is provided for your own convenience and is for informational purposes only. You acknowledge that any reliance on our Site, Services and Documentation will be at your own risk and that you must evaluate and bear all risks associated with the use of our Site, Services and Documentation.

(b) We cannot and do not guarantee or promise any specific and intended results and benefits, including but not limited to financial, commercial or employment, from the use of our Services. You acknowledge that any use of our Services will be at your own risk. You are solely responsible for any use of and results from using our Services. Your use of our Services is entirely at your own risk.

(c) We do not represent or warrant that files or information available for access or downloading from the Internet, hyperlinked sites, our Site or any files and emails from us will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. Your use of the Internet is at your own risk and you are solely responsible for any damages to your computer systems or loss of data that results from any internet access or our Site and Services.

(d) your use of our Site, Services and Documentation is at your own risk. Our Site, Services and Documentation are provided on an “as is” and “as available” basis without representations, warranties, guarantees or conditions of any kind, either express or implied. We expressly disclaim all representations, warranties, guarantees and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement or those arising out a course of dealing or usage of trade for our Site, Services and Documentation. we make no representations, warranties or conditions regarding the availability appropriateness, completeness, accuracy, or currency of our Site, Services or Documentation. For greater clarity, we do not represent or warrant that: (i) our Site and Services do not and will not infringe, or be subject to any intellectual property claims, or a claim of infringing the trademark or other rights of another party; (ii) our Site, Services or Documentation will be uninterrupted, functional, secure, reliable, accurate, complete, current, useful, suitable, secure or error-free; (iii) our Services will be suitable, accurate, correct, reliable, complete, timely, error-free or will meet your requirements and expectations in any way; (iv) any defects in our Site, Services or Documentation will be corrected; (v) any results obtained by you from using our Site, Services and Documentation will be positive, accurate, beneficial, useful, complete, reliable or will meet your expectations or be satisfactory; and (vi) we have verified or endorsed any Third Party Content. Our Site, Services and Documentation may include technical inaccuracies or typographical errors, and we may make changes or improvements to the Site, Services and Documentation at any time.

(e) In no event shall eXp, its directors, officers, shareholders, employees, Third Party Providers, agents or advisors be liable to you or any other person or entity for any direct, indirect, exemplary, special, incidental, consequential or punitive damages, including loss of income, loss of profits, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, loss of goodwill, use, data or other intangible losses or other economic or personal loss arising from or in connection with: (i) your use of or reliance on the information provided by us on our Site, Services or stated in our Documentation; (ii) your use of or inability to use our Site or Services; (iii) your violations of trademark infringement or other intellectual property rights; (iv) any failure of performance of our Site and Services, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; (v) any Third Party Content or hyperlinked sites; or (vi) any other matters relating to our Site, Services and Documentation, whether based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not we had any knowledge, actual or constructive, that you might incur such damages.

(f) We disclaim any and all such above representations, warranties and conditions to the fullest extent permissible under applicable law. certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights.

11. Indemnity

You agree at all times to defend, indemnify and hold harmless eXp, eXp Realty, Inc., eXp World Holdings, Inc. and each of their employees, contractors, agents, officers, directors, successors and assigns (the “ Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of our Site, Services or Documentation or from your violation of these Terms of Use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of our Site, Services and Documentation, including but not limited to trademark infringement or other intellectual property claims from third parties.

12. System Security

You are prohibited from using any services or facilities provided in connection with our Site or Services to compromise security or tamper with our system resources. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. We reserve the right to investigate suspected violations of these Terms of Use and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to be violating these Terms of Use.

13. Governing Law; Jurisdiction

These Terms of Use and any action related thereto or related to our Site, Services or Documentation shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. You agree that any action at law or inequity arising out of or relating to these Terms of Use or your use of our Site, Services or Documentation will be filed only in a court located in Quebec, Canada, and you hereby irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of such courts for the purpose of any such action. Your use of our Site, Services and Documentation is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use our Site, Services or Documentation in any such circumstances.

14. Termination

You acknowledge and agree that these Terms of Use shall remain in effect for so long as you use our Site, Services or Documentation. You agree that this agreement can only be terminated by you once you have stopped using our Site, Services or Documentation. We reserve the right to suspend or terminate your use of our Site, Services or Documentation and remove and discard any information or content related to you and your use of our Site, Services or Documentation at any time, for any reason, with or without cause, if we believe that you are violating these Terms of Use in any way. If you are dissatisfied with our Site, Services or Documentation, including these Terms of Use, your sole remedy is to discontinue using our Site, Services or Documentation by ceasing to use the Site which includes ceasing to use the Services.

15. Entire Agreement

These Terms of Use and any of our other legal notices, policies and guidelines linked to these Terms of Use constitute the entire agreement between you and eXp relating to your use of our Site, Services and Documentation and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on our Site.

16. No Agency; Third Party Beneficiary

We are not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you and eXp.

17. Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without our prior written consent.

18. Severability

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

19. No Waiver

We will not be considered to have waived any of our rights or remedies described in these Terms of Use unless the waiver is in writing and signed by us. No delay or omission by us in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.

20. Headings

The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms of Use.

21. Language

You agree that English and French will be the languages of our website

22. Last Modified

These Terms and Conditions were last modified on April 30, 2019.

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