Terms and Conditions

Last updated: January 1, 2011

Please read these terms and conditions of use (the “Terms and Conditions”) carefully before using www.humbervalleyrealty.ca (“HVRE.CA”).

  • Disclaimer of warranties and limitation of liability

1.1  The information contained on HVRE.CA is for informational purposes only and it is not intended to meet any particular user’s need.  Documents provided on HVRE.CA are provided as a service only, and do no constitute official versions of such documents.  HVRE.CA and all content, material, information or postings found on or accessed through HVRE.CA are provided on an “as is” basis.  Humber Valley Real Estate Inc., Brokerage (“HVRE”) and each of its respective directors, officers, employees, consultants and agents expressly disclaim any and all representations, warranties and conditions of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any purposes, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to HVRE.CA or the content contained in or accessed through HVRE.CA.

Neither HVRE.CA nor its respective directors, officers, employees, consultants and agents makes any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of HVRE.CA. or the content contained in or accessed through HVRE.CA, including but not limited to the contents of any information, material or posting found on HVRE.CA.(including but not limited to any press releases or financial information), any services provided through HVRE.CA or any links to other sites made available on HVRE.CA. or the content contained on such site(s), or as to the continuous or error free uses and operation of the internet or HVRE.CA. Neither HVRE.CA nor its respective directors, officers, employees consultants or agents makes any representations or warranties that HVRE.CA that HVRE.CA or access to and use of HVRE.CA will be uninterrupted, error free, or free from defects, viruses, or other harmful components. you expressly agree that use of hvre.ca is at your sole risk.

1.2  Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation, and fundamental breach shall HVRE.CA, and each of its respective directors, officers, employees, consultants, and agents, be liable for any direct, indirect, incidental, special, or consequential damages or any loss that results from the use of, or the inability to use, any content, information, material, or postings on HVRE.CA, directly or indirectly, or the transmission of confidential or sensitive information over the internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither HVRE nor each of its respective directors, officers, employees, consultants, and agents shall be liable for any defamatory, offensive, or illegal conduct of any user, including you.

  • Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless HVRE and each of its respective directors, officers, employees, consultants, and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of the Terms and Conditions; or (ii) your use of HVRE.CA, the content contained in HVRE.CA, and the placement or transmission of any information or other materials on HVRE.CA made by you or others.

  • Recourse

If you are dissatisfied with HVRE.CA or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using HVRE.CA. In such an event, you agree to destroy all materials obtained by you on HVRE.CA.  The Terms and Conditions shall survive any such termination.

  • Miscellaneous terms

Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as HVRE may determine in any and all actions, disputes, or controversies relating hereto. The Terms and Conditions and any rules, policies, guidelines, or other agreements posted on HVRE.CA by HVRE constitute the entire agreement between HVRE and you with respect to your use of HVRE.CA.  If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.

The parties hereto confirm that it is their wish that this Agreement, as well as all other documents relating hereto, be drawn up in English only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis, s’y rattachant soient rédigés en anglais seulement.