Please read the following carefully.
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
6. Applications to become an eXp Agent
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.
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
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.
12. System Security
13. Governing Law; Jurisdiction
15. Entire Agreement
16. No Agency; Third Party Beneficiary
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without our prior written consent.
19. No Waiver
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.