Terms Of Use.


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 Website Terms of Use (“Terms of Use”) carefully before using the hometrics.ca (“Site”) or downloading any Hometrics reports ("Report" or "Reports").

General.

The Site is owned and operated by Hometrics. Hometrics has the right at any time to change or discontinue any aspect or feature of the Site, including, without limitation, the content, hours of availability, and equipment needed for access to or use of the Site.

By visiting or using the Site, you agree to be bound by the terms herein, the Hometrics’ Privacy Policy and Report Licensing Terms, which are hereby incorporated by reference. Hometrics reserves the right to change these Terms of Use at any time, and you agree to be bound by such changes. If you do not agree to these Terms of Use, as same may be amended from time to time, do not use the Site.

Please review the Hometrics’ Privacy Policy, which applies to the information collected by Hometrics during your visit to and use of the Site, to get a better understanding of Hometrics policies and procedures regarding the collection and use of personal information. Many, if not most, communications between you and Hometrics will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and Hometrics electronically shall satisfy any legal requirements that such communications be in writing.

Restrictions on Use.

The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, materials, data, text, software, reports, images, videos and graphics (the "Content"). The Content of the Site, as well as the organization, layout, arrangement and design elements of the Site and each individual page of the Site, are the property of Hometrics and its affiliates and are protected by Canadian and international copyright, trademark and other applicable intellectual property laws. You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works, or in any way exploit any of the Content, in whole or in part. Except as otherwise expressly permitted under these Terms of Use or copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Hometrics or the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Site. You may not resell any product listings, descriptions, or prices without the express written consent of Hometrics. You may not download or copy any account information for the benefit of any merchant or for any commercial purpose.

YOU MAY NOT MAKE USE OF ANY ROBOTS, SPIDERS, OR SIMILAR DATA MINING, DATA GATHERING OR EXTRACTION TOOLS OR MANUAL PROCESSES TO COLLECT, GATHER OR COPY ANY OF THE CONTENT.

You may not engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Site not otherwise permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hometrics or its affiliates without prior express written consent. You may not use meta tags or any other "hidden text" utilizing the Hometrics’ name or trademarks without the express written consent of Hometrics.

Systematic retrieval of the Content or other data from the Site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Hometrics is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other person's use and enjoyment of the Site. Illegal and/or unauthorized uses of the Site, including, without limitation, any activities or use of the Site that are fraudulent or otherwise objectionable or inappropriate, or violate (i) these Terms of Use, (ii) the rights of Hometrics, any affiliate or licensor, or any other third party, or (iii) any law or regulation, will be investigated. Hometrics may take any legal action, as it deems appropriate and/or necessary, including, without limitation, civil and criminal proceedings, and proceedings for restraining orders and injunctions. You agree that monetary damages may not provide a sufficient remedy and you consent to injunctive or other equitable relief for such violations.

Disclaimer; Warranty; Limitation of Liability.

Information obtained from use of the Site is based on publicly available information. No independent verification of those other sources is undertaken, and, where a potential concern is highlighted or other opinion is expressed, it is an expression of opinion only.

Always verify information with an appropriate authority if you are concerned regarding any data provided. Please note as well that no information provided on the Site should be considered or used as a substitute for the professional advice of your realtor or other professional advisor.

Hometrics may, but has no obligation to, correct any error or omission on the Site. You must address all concerns, discrepancies and/or potential issues with the appropriate authority having jurisdiction over the provided data.

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF HOMETRICS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SITE. 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 OF ANY PROPERTY AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE PROPERTY, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A PROPERTY LISTED ON THE SITE OR IN ANY REPORTS. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT HOMETRICS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL HOMETRICS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HOMETRICS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR OBTAINING ANY REPORTS OR OTHER INFORMATION FROM THE SITE.

Indemnification.

You agree to defend, indemnify, and hold harmless Hometrics and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable legal fees) arising out of (i) your use of the Site or any information you obtain from the Site or its Content (including, without limitation, any Hometrics Reports), (ii) any distribution, publication, refusal to publish, deletion, editing or other use of the content you provide, (ii) your breach of these Terms of Use or (iii) any actual, prospective or terminated sale or other transaction between you and a third party.

Trademarks and Patents.

All trademarks and service marks of Hometrics and its subsidiaries or affiliates displayed on the Site are subject to provincial, federal, and/or international trademark protection. Unless expressly authorized by Hometrics, you may not use its trademarks or service marks with any product or service that is not provided by Hometrics, or in any manner that is likely to cause confusion to the public, or that might disparage or discredit Hometrics. All other trademarks and service marks appearing on the Site are the property of their respective owners, including third party providers of products and services with links to and from the Site.

Third Party Content.

Any information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Hometrics. The Site may contain links to third party web sites with which Hometrics has linking arrangements but for which it does not maintain control or assume responsibility. The inclusion of such a link does not necessarily imply endorsement of such web sites by Hometrics or any association with the operators of such linked web sites. Any concerns regarding any such third party service or resource, or any link thereto, should be directed to the particular service or resource. In addition, Hometrics recommends that you review these web sites' terms of use and privacy policies.

Viruses.

Hometrics also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any Content.

Business Associates.

The business associates of Hometrics identified on the Site, if any, are independent contractors of Hometrics. The business associates are not joint ventures or partners of Hometrics. No employee or representative of the business associates is under the control of Hometrics.

Miscellaneous.

Any legal action or proceeding concerning the validity, interpretation and enforcement of these Terms of Use matters arising out of or related to these Terms of Use 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 and disputes arising from or relating to these Terms of Use 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 Terms of Use shall not affect the validity or enforceability of the balance hereof.

 

Last Updated April 15, 2016