Legal Notice

 

The following are some important things you should know if you wish to access, and browse through information, or make decisions through or using information available on the website https://web.baystreetgroup.ca (the "Site")

Disclaimer & Limitation of Liability

BayStreet and its affiliates ("we" or "our" in this legal notice) are providing the Site on a "NO FEE", "AS IS, AS AVAILABLE" basis to users. The Site may contain advertisements for merchandise and services offered by other companies or individuals, and links to their web sites. We do not represent, warrant or endorse the accuracy, reliability, completeness or timeliness of any of the information, content, views, opinions, recommendations or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Site, nor the quality of any products, information or other materials displayed, purchased or obtained by you as a result of an advertisement or any other information or offer made on the Site, or through any advertisement links on the Site.

The information on the Site is not, nor should you construe it as a recommendation to you or anyone else to purchase or sell any of the real estate properties, products or services on the Site. In addition, the information on the Site is not meant to substitute for the advice provided by your physician or other medical professional. You should not use the information or products available on or through the Site for diagnosing or treating a health problem or disease, or prescribing any medication. Neither we, nor our officers, directors, employees, agents, third party content providers, sponsors, licensors or the like assume any obligation to update such information or advises on further developments relating to such information. You hereby acknowledge that any reliance upon such information, reports, commentary, or any other content, views, opinions, recommendations or advertisements is at your sole risk.

We make and you receive no representations, or conditions, express or statutory or otherwise, with respect to the Site, its content, its services or products, our services or products, information, items or materials provided by us in connection with the use of the Site, including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, or otherwise. Without limiting the foregoing, neither we, nor any of our officers, directors, employees, agents, third-party content providers, sponsors, licensors, or the like, makes any representation or warranty, either express or implied, to you (A) that your use of the Site will be uninterrupted or error free, (B) as to the results that may be obtained from your use of the site, or (C) as to the accuracy, timeliness or completeness of any information, content, service or merchandise advertised on the Site.

Under no circumstances will we, or any other party involved in creating, producing or distributing the Site or the information, products or services advertised or otherwise made available on or through the Site be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Site or the products or services advertised on or otherwise made available through the Site, including but not limited to reliance by you on such information, obtained from or through the Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, including without limitation those that result from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services.

This section applies to all information, advertisements, products and services available on or through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.

Translation Disclaimer

The BayStreet website has been translated for your convenience using translation software powered by Google Translate. Google requires that BayStreet provide the following disclaimer relating to these translations:

"This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement."

For these translations, reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the BayStreet website, and are provided "as is." No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, refer to the English version of the website which is the official version.

Copyright and Permitted Use

Except where otherwise noted, all of the Site's design, text, graphics and arrangement thereof, and software used herein, is our copyrighted material or that of our content providers. ALL RIGHTS RESERVED. You are permitted to electronically copy, and print in hard copy, portions of the Site for your personal use only. Any other use other than as noted above, modification, distribution or republication without our prior written permission is strictly prohibited.

The Site, all page headers, custom graphics and button icons are our service marks, trademarks and/or trade dress. All other trademarks, product names and company names or logos displayed, cited or otherwise published herein are the property of their respective owners.

Trademarks

The Trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of BayStreet and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of BayStreet or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited.

User’s Consent

Any content, offers, information, or opinions that you provide in any manner to us in connection with, on or through the Site becomes our property, including all copyright, without reservations, and you waive any and all moral rights in the foregoing in our favor. Subject to our privacy policy set out below in connection with personal information you provide, you are hereby notified that all or any portion of content you submit may be used by us, including without limitation edited, reproduced, published, translated, sublicensed, copied, distributed, incorporated into other work in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such content, without compensation of any kind to you.

Links to Third Party Content

The Site contains links to third-party web sites which are not under our control, and we are not responsible for the contents contained in any linked site. Any links provided in the Site are provided for your interest or convenience and do not represent or imply any endorsement by us of such linked site.

Terms of Use

You acknowledge (1) that you have received, read, and understand the Privacy Notice and Consent brochure published by TRREB. (2) that these Terms of Use create a lawful REALTOR® / consumer relationship with you and not a REALTOR® / client relationship, (3) that the data obtained from this MLS® VOW is intended for and may only be used for your personal, non-commercial use, (4) that you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered through this MLS® VOW, (5) that you will not yourself, and will not permit or assist others to, directly or indirectly copy, redistribute or retransmit any of the MLS® VOW data or information provided; display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense any of the MLS® VOW data to another person; or engage in scraping (including “screen scraping” and “database scraping”), “data mining” or any other activity intended to collect, store, re-organize, summarize or manipulate any MLS® VOW data or any related data, (6) you acknowledge the Board's ownership of, and the validity of the Board's proprietary rights and copyright in the MLS® VOW data, and listing information, and (7) you expressly authorize the Board or their duly authorized representatives, to access the MLS® VOW and the information you provide to the agent or brokerage hosting the MLS® VOW, for the purposes of verifying compliance with and pursuing enforcement of these Terms of Use and all applicable rules, regulations, bylaws, policies, and laws.

Governing Law

We control the Site from within the Province of Ontario, Canada. It can, however, be accessed by all Canadian provinces and territories as well as all states in the United States of America, and other places around the world. Although these places may have different laws from those of the Province of Ontario, by accessing the Site, you agree that the laws of the Province of Ontario and the laws of Canada in force in the Province of Ontario, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of the Site. You also agree to submit to the exclusive jurisdiction and venue of the Supreme Court of the Province of Ontario, with respect to such matters. Users of the Site accessing it from places outside of the Province of Ontario acknowledge that they do so voluntarily and are responsible for complying with local laws.