Report Licensing Terms.


The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you" or "Customer") and Hometrics Corporation, a Canadian corporation (“Hometrics"). Please read these Report Licensing Terms (“RLT”) carefully before downloading any Hometrics reports ("Report" or "Reports"). By downloading any Report, you agree to be bound by the RLT, the Hometrics’ Privacy Policy and Terms of Use, which documents are hereby incorporated by reference. By entering into this agreement, you verify that your country of residence is the same as your billing address. Hometrics reserves the right to change these RLT at any time, and you agree to be bound by such changes. If you do not agree to these RLT, as same may be amended from time to time, do not download or use any Reports.

HOMETRICS DOES NOT WARRANT THAT THE REPORT(S), SITE, OR OTHER AVAILABLE MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE REPORT(S) IS SOLELY WITH YOU.

Reports are based on publicly available information supplied and aggregated by Hometrics. No independent verification of those other sources is undertaken. Hometrics does not have the complete history for every property and does not guarantee or ensure the availability or accuracy of any report or historical record of a property or its environment and surroundings. Hometrics is not responsible for and does not verify or warrant the accuracy or completeness of the information provided in the Reports, which information may contain errors or omissions. Any calculations, scores, rankings, ratings, conclusions, recommendations, direction, information, guidelines, and suggestions based on Hometrics’ in-house algorithms and are expressions of opinion only. Hometrics may, but has no obligation to, correct any error or omission on the Site or in the Reports. You must address all concerns, discrepancies and/or potential issues with the appropriate authority having jurisdiction over the provided data. We invite you to use Hometrics as one important tool, along with a realtor, property inspection, financial advisors and other professional advisors, to make the best decision in a real estate transaction. Hometrics is never a party to any transaction between buyers and sellers.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOMETRICS SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFICATIONS MADE TO REPORTS OR THE CONTEXT IN WHICH THE REPORTS ARE USED BY YOU.

NONE OF HOMETRICS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE REPORT BUYER OR OWNER AS TO THE OWNERSHIP OR CONDITION OF A PROPERTY, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A PROPERTY LISTED ON THE SITE OR IN ANY REPORTS. THIS IS A SINGLE PERSON LICENSE. IT AUTHORIZES ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE THE REPORT(S).

Hometrics hereby grants you a non-exclusive, non-transferable, perpetual right to use the Reports. Reports are non-transferable except as specifically provided in these RLT. You may not sell, rent, load, give, sublicense, print or otherwise transfer to anyone a Report or the right to use a Report. You may however, make a one-time transfer of a Report to a third party where the work you produce with the Report must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Report. If you become aware of any unauthorized duplication of any Report(s) please notify us via email at [email protected] If you plan on using or do use Reports as part of work for a client or customer, you must keep accurate and detailed records of the use of each Report. These records must include the name of the client or customer, the Report number, and the date or dates on which the Reports were used. You shall deliver copies of such records to Hometrics at Hometrics' request. You will not resell, redistribute, provide access to, share or transfer any Report except as specifically provided herein. Uploading any Report to a website will be deemed to be an attempt to redistribute the Report,

Except as expressly permitted herein, you may not (i) create a derivative work based on or incorporating one or more Reports; (ii) make Reports available on a digital asset management system, shared drive or the like for the purposes of sharing or transferring such Reports; (iii) publicly display a Report in any digital format on the internet; (iv) produce or otherwise create for resale or distribution, printed reproductions of any Report; (v) use a Report in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition; (vi) use any Report on a social media platform or other third party website; (vii) use any Reports in a manner that competes with Hometrics' business; (viii) falsely represent, expressly or by way of reasonable implication, that any Report was created by you or a person other than the copyright holder(s) of that Report; and/or (ix) use automated programs, applets, bots or the like to access the Hometrics’ Websites (as defined below) or any content thereon for any purpose, including, by way of example only, downloading Reports, indexing or caching the content on the Hometrics’ Websites.

Your Hometrics’ username and password are to be used only by you. Each person that desires to access the Hometrics’ Websites must have his/her own username and password. We reserve the right to monitor accounts and institute means to stop users from sharing their login information. Except as expressly provided herein, you may not directly or indirectly use, copy or reproduce any Report (in whole or in part) more than one time. Customized products for multiple users are available from Hometrics. Please refer to Hometrics For Brokerages. All Reports on Hometrics.ca and related Hometrics webpages (collectively, "Hometrics’ Websites") are protected by Canadian and international copyright laws and treaties. Hometrics owns or controls all rights, including the copyrights in and to the Reports. Hometrics reserves all rights in and to the Reports not expressly granted to you by the terms of these RLT. Your rights to use any Report are conditioned upon you making payment to Hometrics for your use of the Reports. If you fail to make any payment to Hometrics when due, or if any cheque is dishonored or credit card charge refused or charged back, your account will be deemed delinquent. Provided that your account was current at the time you downloaded a Report and you were not otherwise in breach of any of these RLT (or of the terms of any other agreement between you and Hometrics), you have the right to use the downloaded Report, subject however, to these RLT. If your account becomes delinquent, your right to use any Reports downloaded at any time shall automatically terminate unless all payments together with any interest thereon and Hometrics' costs of collection, bank charges and credit card processing fees are received by Hometrics no later than fifteen days from the date that your account became delinquent.

Hometrics shall be under no obligation to issue refunds under any circumstances, unless required by law. In the event that Hometrics determines that you are entitled to a refund of all or part of the amounts paid by you, such refund shall only be made to the credit card account originally used by you to purchase your product. You agree to indemnify and hold Hometrics, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Report other than the uses expressly permitted by these RLT. You further agree to indemnify Hometrics for all costs and expenses that Hometrics incurs in the event that you breach any of the terms of this or any other agreement with Hometrics. Any legal action or proceeding concerning the validity, interpretation and enforcement of these RLT, matters arising out of or related to these RLT or its making, performance or breach, or related matters shall be brought exclusively in the courts of Toronto, Ontario, Canada, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. You agree that service of process in any actions, controversies and disputes arising from or relating to these RLT may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. The invalidity or unenforceability of any part of these RLT shall not affect the validity or enforceability of the balance hereof. If you are entering into these RLT on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to Hometrics for any breaches of the terms of these RLT. The number of Report downloads available to you is determined by the product you purchase. For the purposes of this agreement, a day is defined as the twenty four hour period beginning at the time your product is purchased. A month is defined as thirty consecutive days beginning on and including the date that you purchase your product.

IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH HOMETRICS, HOMETRICS SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO HOMETRICS’ OTHER RIGHTS AT LAW AND/OR EQUITY. HOMETRICS SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED BY REASON OF A BREACH.

HOMETRICS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE LEGALITY OR VALIDITY OF YOUR USE OF ANY REPORT OR OF ANY DATA OR CONCLUSIONS ASSOCIATED WITH A REPORT. THE REPORTS, AND ANY STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE), ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, SHALL HOMETRICS TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HOMETRICS’ WEBSITES AND/OR REPORT(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY HOMETRICS FROM YOU FOR YOUR USE OF THE APPLICABLE REPORT(S). NEITHER HOMETRICS NOR ANY OF ITS OFFICERS, EMPLOYEES MANAGERS, MEMBERS, SHAREHOLDERS, DIRECTORS OR SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE REPORT(S), HOMETRICS’ BREACH OF THIS AGREEMENT, OR OTHERWISE, UNLESS EXPRESSLY PROVIDED FOR HEREIN, EVEN IF HOMETRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL HOMETRICS’ TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HOMETRICS’ WEBSITES AND/OR REPORT(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY HOMETRICS FROM YOU FOR YOUR USE OF THE APPLICABLE REPORT(S).

 

Last Updated April 15, 2016