PLEASE PRINT AND RETAIN FOR YOUR RECORDS
Last Revised: September 10, 2014
These terms and conditions govern your use of this web site and our membership site(s). By accessing this web site and/or our membership site(s), you are acknowledging and accepting these terms and conditions. These terms and conditions are subject to change by Peter Rollings, Broker, Keller Williams Solid Rock Realty (hereinafter "Site Owner and Referring Broker") at any time and at our discretion without notice. Your use of this web site and/or our membership site(s) after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site and/or our membership site(s).
1. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Site Owner and Referring Broker, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Site Owner and Referring Broker. For information on requesting such permission, please contact us at Peter Rollings@kw.com.
2. THIRD PARTY REFERENCES / HYPERLINKS
This site and/or our membership site(s) may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Site Owner and Referring Broker, and you acknowledge that Site Owner and Referring Broker is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators. However, we may from time to time be compensated for referring you to certain vendors, and in such circumstances, we will let you know of that relationship.
3. MEMBERSHIP PROGRAM(S)
Site Owner and Referring Broker will be offering more membership programs on this web site. The pricing for any such membership program will be clearly stated on the applicable order form.Please note this pricing is subject to change depending on the changes and growth of the program.
B. DISCLOSURE OF INFORMATION ON PRIVATE MEMBERSHIP SITE
As a member of one of the membership programs offered by Site Owner and Referring Broker, you may submit content to the membership site, including photos and user comments. You shall be solely responsible for your own content and the consequences of submitting and publishing your content.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit. You agree that content you submit will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Site Owner and Referring Broker all of the license rights granted herein. Site Owner and Referring Broker does not endorse any content submitted to Site Owner and Referring Broker by any user or other licensor.
C. YOUR CONDUCT
Site Owner and Referring Broker does not permit copyright infringing activities and infringement of intellectual property rights on this site and/or membership site(s), and Site Owner and Referring Broker will remove all content if properly notified that such content infringes on another's intellectual property rights.
You also affirm, represent, and warrant that your participation on this web site and/or in the membership program(s) and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also affirm, represent, and warrant that you shall not make any statements or take any actions against Site Owner and Referring Broker or other members that would constitute libel or slander.
Site Owner and Referring Broker reserves the right to make the final decision regarding what is appropriate. Site Owner and Referring Broker further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
You also affirm, represent and warrant that any postings or information that you provide shall follow RECO rules and regulations and that you are solely and entirely responsible for your content as submitted.
Further details regarding the conduct that is expected of all participants in the membership program will be provided after the application and payment are completed.
D. TERMINATION OF MEMBERSHIP
You may cancel your participation to the membership program at any time. No refunds will provided. You hereby agree that any and all site referrals provided during the time you are a member are in full force and effect. Site Owner and Referring Broker's refund policy is described in further detail in Section 3(E) herein, as follows.
E. REFUND POLICY
Site Owner and Referring Broker offers a 30-day money back guarantee. If you are not
satisfied with our program within the first 30 days after your area activation for any reason, you can
us within that period and request a full refund of the membership fee paid.
F. SITE OWNER AND REFERRING BROKER CANCELLATION OF MEMBERSHIP
The Site Owner and Referring Broker may cancel your Membership for the following reasons:
a) Failure to provide referral form to Site Owner and Referring Broker and Brokerage;
b) Failure for Brokerage to pay a referral fee as per contract;
c) The sale of the website or the collapse of the website;
d) The Site Owner and Referring Broker deciding to change to the operations of this site.
You hereby acknowledge and agree that the Site Owner and Referring Broker retains the sole and absolute right to change the structure of this website and business program in our sole and absolute discretion.
G. REFERRAL CONTRACTS
You acknowledge and agree that this is a real estate referral website designed to capture buyer and seller leads for waterfront real estate and as such these leads will be submitted on a referral form and you must sign and return this form to the Site Owner and Referring Broker. You agree that failure to return these forms is grounds for cancellation of your membership from this membership site with no refunds whatsoever. The Site Owner and Referring Broker acknowledges that some leads will not be bona fide new leads and the member hereby agrees to inform the Site Owner and Referring Broker of these leads as required.
H. PROPERTY LISTINGS
You may list and market your properties on the site, the first five are free, and any buyers that purchase your property listings that are generated from the website referal forms are not considered a referal and there is no referal fee payment required. You agree that in the event these buyers purchase another listing that is not your own this is considered a referal from The Site Owner and Referring Broker and the referral contract is in full force and the referral fee applies.
4. CUSTOMER DISCLAIMERS
Site Owner and Referring Broker does not guarantee that you will achieve any particular result from participating in any of Site Owner and Referring Broker's membership programs or from using any of the information on this site.
5. ABILITY TO ACCEPT TERMS AND CONDITIONS
You affirm that you are a Realtor® licensed in the Province of Ontario, more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
6. CONTACTING US
If you need to contact us, you can contact me direct at peterrollings[a]kw.com or prollings[a]cwv.ca, or send us a letter at: 75 King Street West, Brockville, Ontario K6V1B2 or call me direct at the number listed on this website
7. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. REFERRING BROKERAGE AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SITE OWNER and REFERRING BROKER OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SITE OWNER and REFERRING BROKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SITE OWNER and REFERRING BROKER'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Site Owner, Referring Broker and Referring Brokerage you agree to defend, indemnify, and hold Site Owner and Referring Broker and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your misuse of this site and/or the membership programs.
10. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Site Owner and Referring Broker with respect to this site and supersedes all prior or contemporaneous communications between you and Site Owner and Referring Broker with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario. You hereby consent to binding arbitration in the Province of Ontario to resolve any disputes arising under this Terms and Conditions.