User Agreement

Welcome. This is a legal contact between you and RealtyServer Systems Inc. (herein "RealtyServer Systems Inc."). By using this website, you are agreeing to all of the following terms with RealtyServer Systems Inc.. Before you may logon and use this website, you must read and accept all of the terms and conditions in this User Agreement. This agreement applies on any of RealtyServer Systems Inc.'s domains and subdomains of this website. Furthermore, by logging on to this site you represent and warrant that you are the person to whom the logon account username and password has been assigned, and you are either a licensed REALTOR® in good standing; or an unlicensed assistant working directly under the instructions and supervision of a licensed REALTOR® in good standing; or you are a staff member of a real estate Association; or you are a third party to whom a real estate Association has expressly granted access to its MLS® database.

Compliance with the law. You agree that while you are using this site you will not violate any laws, regulations or the legal rights of any parties, and that you will obey all rules of your real estate Association and you will comply with all applicable privacy legislation.

Trademarks and program designs. The designs, navigation, buttons, tools, links, logos and other services provided by this site are the property and trademarks of RealtyServer Systems Inc.. You may not copy, reproduce, create derivative works from, imitate or use anything on this site without RealtyServer Systems Inc.'s prior written consent. In addition you may not display, disclose, distribute or demonstrate this site or any of the content thereof to any other party, and in particular without limiting the generality of the foregoing to any direct or indirect competitor of RealtyServer Systems Inc..

MLS® database. You agree to use the MLS® database only for the promotion and sale of real property to your clients or to estimate the value of your client's property. You will not otherwise copy, reproduce, collect data from, create derivative works from, store, distribute, transmit or use the MLS® database or any part thereof in any manner whatsoever. You also will not use or facilitate the use of any unauthorized copy of the MLS® database obtained by any third party (whether created by electronic or manual copying). You agree not disclose the MLS® database or any part thereof to the public other than as is expressly permitted for the promotion and sale of real property to your clients.

PCS™ database. You acknowledge and agree that the database of contact information and search criteria used in connection with the Private Client Services™ software is and shall remain the exclusive property of RealtyServer Systems Inc.. You will use this PCS™ database only in connection with Private Client Services™ to serve your clients and you will not otherwise copy, reproduce, collect data from, create derivative works from, store, distribute, transmit or use the PCS™ database or any part thereof in any manner whatsoever. You also will not use or facilitate the use of any unauthorized copy of the PCS™ database obtained by any third party (whether created by electronic or manual copying). You agree not disclose the PCS™ database or any part thereof to the public.

Your logon. You have setup a username and password to access this site. This username and password shall be and remain the property of RealtyServer Systems Inc., and you shall have a licence to use same for the limited purpose of accessing this site. You shall safeguard the username and password assigned to you, to ensure that it is not compromised our used by third parties. Not less frequently than once every three (3) months you shall change your password. You shall be fully responsible and liable to RealtyServer Systems Inc. for any improper or unauthorized use of your username and password by any third party and you shall be legally responsible to RealtyServer Systems Inc. under the terms of this agreement for any conduct of any third party using your username and password to access this site.

Access and Interference. This site contains robot exclusion headers. Much of the information on this site is updated on a real-time basis and is proprietary or is licensed to RealtyServer Systems Inc. by others. You agree that you will not use any robot, spider, scraper or any other automated means to access this site for any purpose, without RealtyServer Systems Inc.'s prior written consent. In addition you agree that you will not take any action that imposes or may impose (in RealtyServer Systems Inc.'s sole discretion) an unreasonable or disproportionately large load on the site infrastructure and that you will not interfere or attempt to interfere with the proper working of this site.

Misappropriation and Theft. You agree not to display on any public website any information or content that has been misappropriated from this site or copied or taken in any way from RealtyServer Systems Inc. without RealtyServer Systems Inc.'s prior written consent. You agree not to display on any public website any derivative work created from information or content that has been misappropriated from this site, whether same was created by you or by any third party on your behalf or for your use. You further agree that if you breach this provision or any part of it, then there shall be a rebuttable presumption that you deliberately procured the said information or content illegally and you shall indemnify RealtyServer Systems Inc. for all damages and costs, including all investigation costs, all costs to better secure the data against said misappropriations and all legal costs associated therewith on a substantial indemnity basis (solicitor and client basis). You agree that if you are currently, or have in the past, published or displayed such information or content, you will also fully assist RealtyServer Systems Inc. in investigating the manner in which said information or content was acquired by you, including providing forthwith when asked copies of all relevant documentation and correspondence that relate in any way to your acquisition and use of the said information or content. If you breach this provision or any part of it, but you also prove that you did so innocently, and you prove that you did not know and could not reasonably have been expected to know that the information or content you displayed had been misappropriated from RealtyServer Systems Inc., then it is agreed that you shall be liable to RealtyServer Systems Inc. for costs as stated above only, and not for damages.

Suspension of Access. You agree that if you breach any terms of this user agreement, then RealtyServer Systems Inc. may suspend your account logon privileges without notice, and without prejudice to any other rights that RealtyServer Systems Inc. may have against you, including but not limited to the right to apply for an injunction against you to restrain any further breach of this agreement.

RealtyServer Systems Inc.'s reputation. As a user of this site you acknowledge, understand and agree that RealtyServer Systems Inc. is in the business of providing MLS® software systems to real estate associations. You agree that you will not do anything in connection with this site or your use thereof that could interfere with the business of RealtyServer Systems Inc. or the business reputation of RealtyServer Systems Inc., or that could in any way limit or adversely affect the sale and provision of MLS® software systems by RealtyServer Systems Inc. to real estate associations. Without limiting the generality of the foregoing you agree that any violation of any of the express terms of this agreement does interfere with the business and business reputation of RealtyServer Systems Inc. and you agree to compensate RealtyServer Systems Inc. in full for any and all damages and losses that arise from your violation of this agreement, including all legal costs associated therewith on a substantial indemnity basis (solicitor and client basis).

Indemnification. You agree to defend, indemnify and hold harmless RealtyServer Systems Inc. and its directors, officers, and employees from any and all claims or demands (including all legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of this site.

No Warranty. You understand and agree that the facilities and information on this site are provided "as is" without any warranty or condition, express, implied or statutory.

Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without RealtyServer Systems Inc.'s prior consent in writing. RealtyServer Systems Inc. reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

Whole agreement. You acknowledge that this is the whole agreement between you and RealtyServer Systems Inc. regarding the use of this site and there are no oral or implied terms, representations or understandings that in any way modify or derogate from the express written terms herein.

Notices to You. You agree that RealtyServer Systems Inc. may provide notice to you by posting it on this website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your account.

Notices to RealtyServer Systems Inc.. Notice to RealtyServer Systems Inc. must be sent by registered mail to RealtyServer Systems Inc., 1950 Mayfair Gardens. Victoria, BC, V8P 5T4, and shall be deemed to be received ten (10) days after the date of mailing.