These Terms and Conditions (the “ Terms ”) govern the relationship, and serve as a legally binding agreement, between you (“ you ”), a user of our website located at https://rennie.com (the “ Website ”), and (a) Rennie & Associates Realty Ltd., if you are resident in Canada, or (b) rennie group dba, Rennie and Associates LLC and/or Rennie Group of California, if you are resident in the United States (collectively, “ Rennie ”, “ we ”, “ us ” or “ our ”), the owner and operator of the Website. We offer the Website, including all information, content, products, services, software and tools available on or through the Website (collectively, the “ Services ”), to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms. For clarity, any reference to the “Services” includes a reference to any part or aspect of the Services.
These terms apply to all visitors to and users of the Website, whether or not you have registered for an account on the Website, or have submitted or contributed any content or Feedback (as defined below).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO US. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
BY USING OR ACCESSING THIS WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE AND FORMS AN ESSENTIAL PART OF THESE TERMS. YOU MAY NOT USE OUR WEBSITE FOR ANY REASON NOT EXPRESSLY ALLOWED BY THESE TERMS, OR IN ANY WAY THAT CONTRAVENES THESE TERMS.
PLEASE NOTE THAT DIFFERENCE TERMS MAY APPLY TO YOU BASED ON WHERE YOU LIVE. MAKE SURE YOU READ THE SUPPLEMENTAL JURISDICTION-SPECIFIC TERMS FOR YOUR COUNTRY, REGION OR STATE OF RESIDENCE, AS APPLICABLE.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THE SUPPLEMENTAL JURISDICTION-SPECIFIC TERMS FOR THE UNITED STATES CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND [COMPANY] AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND US WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
IF YOU (A) DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY; (B) ARE NOT THE AGE OF MAJORITY IN YOUR PROVINCE OR STATE OF RESIDENCE; (C) DO NOT POSSESS THE LEGAL AUTHORITY TO AGREE TO THESE TERMS ON BEHALF OF THE ENTITY YOU REPRESENT, IF APPLICABLE; OR (D) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY LOCAL LAWS WHICH ARE APPLICABLE TO YOU, YOU MUST NOT ACCESS OR USE THE SERVICES.
Subject to these Terms, we grant you permission to access and use our Website strictly on a non-exclusive, non-transferable, non-sublicensable, revocable and limited basis for your own personal and non-commercial use only.
You shall not and shall not permit or assist any other person to, directly or indirectly: (i) download, reproduce, copy, compile for an internal database, distribute, transfer, sell, license, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, broadcast, or otherwise exploit any of the content, material or information on the Website in any form or medium whatsoever (except that your computer and browser may temporarily store or cache copies of materials and information being accessed and viewed); or (ii) attempt to decompile, disassemble or reverse engineer, or otherwise determine the source code, algorithms, methods or techniques embodied by, any software or database contained in or accessed through any Website.
You are not permitted to modify copies of any materials available on the Website, nor delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available on the Website. You must not access or use any part of our Website for any commercial purpose or for any purpose not expressly permitted by these Terms. You must not use the Website in any manner that could (i) disable, overburden, damage or impair the Website or any part thereof, (ii) inhibit, restrict or interfere with any other person’s use and enjoyment of the Website or any part thereof, or (iii) expose us or any other User to any harm or liability of any type.
In addition to the other prohibitions as set forth in these Terms, you are prohibited from accessing or using the Website: (i) if you are not fully able and legally competent to agree to these Terms; (ii) for any unlawful purpose or in violation of these Terms or any applicable laws and regulations; (iii) to solicit others to perform or participate in any unlawful acts; (iv) to infringe upon or violate, or promote the infringement or violation of, our intellectual property rights or the intellectual property or legal rights of others (including rights of publicity and privacy); (v) to violate the terms of use of any third-party website or service that is linked to the Website; (vi) to harass, abuse, threaten, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (vii) to submit false, inaccurate or misleading information, or impersonate any person, or falsely state or otherwise misrepresent you or your affiliation with any person; (viii) to upload or transmit any viruses or any other type of malicious code or technologically harmful material; (ix) to collect or track the personal information of others; (x) to transmit any unsolicited or unauthorized advertising, solicitations, junk mail or spam; (xi) to phish, pharm, pretext, spider, crawl or scrape for any purpose, including training or otherwise developing artificial intelligence systems, purchasing products or monitoring or copying any of the material or information on the Website; (xii) to interfere with or circumvent the security features of, or to attempt to gain unauthorized access to, the Website or any part thereof, or another User’s Account; (xiii) to build a competitive product or service, to copy any features, functions or graphics, or the design or layout of the Website, or to incorporate the Website or any part thereof into any other program or product; or (xiv) to access or use, or attempt to access or use, another User’s Account without express authorization from us or the applicable User.
You agree and understand that your continued use of our Website is at our sole and absolute discretion, and that you will not seek to hold us liable for any suspension, restriction or termination of your use of the Website or any Services.
We are not responsible if information made available on our Website is not accurate, complete or current. The material and information on our Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material or information on our Website is at your own risk.
All information available on our Website is as accurate as possible (errors and omissions excepted) and is subject to change at any time and from time to time without notice, in our sole and absolute discretion. You are responsible for carefully reading all information provided on our Website before accessing, purchasing or using any of our Services.
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to do so.
The information and material on the Website, and the Website itself, may be changed, withdrawn or terminated at any time, in our sole and absolute discretion and without advance notice to you. You agree that we will not be liable if, for any reason, all or any part of our Website or Services are changed, withdrawn, terminated, restricted to registered users, or unavailable at any time or for any period, or if such restriction or unavailability impacts the use, functionality or value of the Website or any Services, including, without limitation, any price changes. Any new features, material, information, content, products, services or tools which are added to the Services shall also be subject to these Terms.
Our Website and Services are intended only for users who meet the minimum age requirements in their jurisdiction,, and any registration, use or access to our Website or Services by anyone who does not meet these minimum age requirements is unauthorized, unlicensed and in violation of these Terms.
If you are at least 18 years old but under the legal age to enter into a contract in your jurisdiction, (a “ Minor ”) by accessing or using our Website or Services, you confirm and agree that: (a) you are using our Website or Services with the consent of you parent or legal guardian and have receive your parent’s or legal guardian’s permission to use our Website or Services; and (b) your parent or legal guardian has read and agreed to these Terms, and will supervise your use of our Website or Services. If you are a parent or legal guardian of a Minor, you hereby agree to bind your Minor to these Terms and to fully indemnify and hold harmless Rennie if your Minor breaches any of these Terms. If you are not at least 18 years old, or do not have consent or permission from your parent or legal guardian (if applicable), you must cease accessing or using our Website and Services. If we learn that someone under the relevant age is using our Website or Services, we will terminate access to our Website or Services for such person (including such person’s Account).
The Website may be used in different ways by different categories of users. Through your use of the Website, you will be categorized as one or more of the following:
“Registered User” – if you register for an Account on the Website in order to use its enhanced features and functionality, such as the “Virtual Office Website”;
“Client” – if you are a Registered User that is a client, or a prospective or potential client, of Rennie. If you create a Client Account, the provisions provided in Annex 1 apply to you;
“Advisor” – if you are a Registered User that is a Rennie advisor;
“Unregistered User” – if you do not register for an Account on the Website and simply access and browse public areas of the Website, without using any of its enhanced features or functionality,
(collectively, the “Users” and each, a “User” ).
You are not required to create a user account or provide any personal information in order to visit the Website, but in order to use certain features of our Website, you must register for a user account. In consideration of your use of our Websites and Services, you agree to: (a) provide us with true, accurate, current and complete information about yourself as may be requested by any registration forms on the Website (“ Registration Data ”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Upon providing Registration Data to us through the Website, you will be given access to a user account (your “ Account ”). You hereby agree to be fully responsible for: (i) all use of your Account; (ii) any action that takes place using your Account by any person or automated process; (iii) maintaining the confidentiality and security of your Account (including the username and password associated with your Account); and (iv) immediately notifying us upon any unauthorized use of your password or Account, or if you know of any other breach of security in relation to our Website or Services. You further agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account. We are not responsible, and will not be liable, for any loss or damage arising from any unauthorized use of your Account, with or without your knowledge. For greater clarity, Unregistered Users are not required to create an Account.
You must not: (A) register for more than one Account; (B) register for an Account on behalf of any individual other than yourself (except if you are the parent or legal guardian of such individual); or (C) register for an Account on behalf of any group or non-individual entity unless you are duly authorized to do so by such group or entity.
We reserve the right to correct or modify your Account, in our sole and absolute discretion, at any time to ensure compliance with these Terms.
We have provided ways for you to contact us about various issues on our Website at https://rennie.com/contact. You acknowledge and understand that these are the only authorized ways to contact us. Third parties may advertise or publish alternative ways to contact us or use other measures to pose as us. We cannot verify the authenticity of any such alternative contacts, advertisements, publications or other information, and they pose a risk of fraud and other malfeasance, so we strongly recommend a degree of caution when reviewing such advertisements, publications or other information, and that you do not attempt to contact us using these methods. You agree that we cannot be held liable for unauthorized access to your Account or other loss resulting from such fraud or other malfeasance by third parties.
You also acknowledge that you have read the terms of our Privacy Policy , and hereby consent to the collection, use and disclosure by us and our service providers of your personal information in accordance with the Privacy Policy which forms an integral part of these Terms.
In these Terms, “ Content ” means all materials, information and content, including designs, editorial, text, images, graphics, illustrations, photographs, pictures, audiovisual materials, multimedia elements, videos, audio, music, sound effects, sound recordings, reports, documents, software, formulae, patterns, data and any other works.
Our Content
Except where expressly stated otherwise, all rights, title and interest in and to our Website and all Content, source code, computer code, scripts, tools, patches, updates, processes, technologies, URLs, domain names, marks and logos forming any part of or made available through the Website, and the features, functionality, arrangement, presentation and “look and feel” of the Website, and all intellectual property rights related to the foregoing (collectively, “ Our Content ”), is fully vested in us and our licensors and are protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your access to or use of our Website or Services, or contained in these Terms, grants you any right, title or interest in or to Our Content, except the limited right to access and use our Websites as set out herein.
Trademarks
The names and logos of Rennie and all related names, logos, product and service names, designs, images, slogans and marks mentioned or which appear on the Website (collectively, “ Our Marks ”) are trademarks of Rennie or our licensors. You must not use Our Marks for any purpose without our prior written permission. Other names, logos, product and service names, designs, images, slogans and marks mentioned or which appear on the Website belong to their respective owners. Use of any such property, except as expressly authorized, shall constitute infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. Except as expressly indicated on our Website, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.
User Content
Our Website may contain interactive functionality, such as applications, features, promotion, chat functionality, e-mail, comments, reviews, profiles, forums, bulletin boards and other such functions, allowing Content you submit, post, publish, upload, display, transmit or otherwise share (collectively, “ submit ”) to or through our Website, to be viewed or used by us, our business partners or other Users or persons.
All Content that Users submit to or through our Website (collectively, “ User Content ”) remains fully vested in such User or their licensors. By using our Website or submitting User Content, you grant us a non-exclusive, perpetual, irrevocable, transferable, sublicensable (including through multiple tiers of sublicensing), royalty free, fully paid up and worldwide license to use, access, host, store, download, distribute, transmit, broadcast, reproduce, reformat, modify, adapt, delete, publish, translate, copy, edit, perform, display, publish, and create derivative works from, such User Content, including your trademarks, logos, slogans, designs, copy, text and graphics, for the purposes of operating, marketing, promoting and improving the Website and Services or any other Rennie products or services. By submitting any User Content, you also waive any moral rights or other rights of authorship you may have in or to such User Content in favour of Rennie.
Feedback
All right, title and interest in and to any comments, ideas, reviews, suggestions, impressions and other feedback regarding the Services or our other products and/or services that you submit to or through our Website or otherwise provide to us (collectively, “ Feedback ”) is and shall be deemed to be our property and, by submitting or providing Feedback to us, you assign all right, title and interest in and to such Feedback to us and waive any moral rights or other rights of authorship you may have in or to such Feedback in favour of Rennie.
You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, use or otherwise exploit, in any medium and for any purpose, commercial or otherwise, any Feedback that you submit or provide to us. We are and shall be under no obligation to: (a) maintain any Feedback in confidence; (b) pay compensation for any Feedback; (c) acknowledge the source of any Feedback; or (d) respond to any Feedback.
Responsibility for Content
You represent, warrant and covenant that you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any User Content, Feedback and any other content, information or material received, transmitted or sent by you using our Website. By submitting or providing User Content or Feedback, you further represent and warrant that: (a) you have or own all necessary legal rights to submit such User Content or Feedback (including all rights required to grant the foregoing license to us or to assign such Feedback to us) and that such User Content or Feedback does not and will not violate any law or rights of any third-party (including intellectual property, privacy, personality or other personal or proprietary rights); and (b) your User Content or Feedback does not and will not contain libelous, defamatory or otherwise unlawful, offensive, abusive, threatening, pornographic, obscene or objectionable material, or any computer virus or other malware that could in any way affect the operation of our Website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content or Feedback.
We are not responsible or legally liable to any third party for the content, accuracy, or infringing nature of any User Content or Feedback submitted or provided by you, and you agree to indemnify, defend and hold harmless Rennie against any claims, lawsuits, or disputes brought by third parties based on your User Content or Feedback.
Third Party Content
Content accessed or available through the Website or the Internet may be owned by parties other than you or us (collectively, “ Third Party Content ") and may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of our Website or Services, or these Terms, grants you any right, title or interest in or to this Third Party Content, except the limited right to use our Website as set out herein.
Compliance and Complaints
If you believe that any content on our Website infringes upon any copyright or other intellectual property right that you own or control, or if you otherwise object to any content that you find on our Website, you may send a written notification to us by email at privacy.officer@rennie.com. If we receive a notification of any alleged infringement or objectionable content, we will investigate such complaint and, if we determine that it is justified, we will remove or disable access to the allegedly infringing or objectionable content and may restrict, suspend or terminate access by infringers.
Our Website may contain links to third-party websites, applications or resources (“ Third-Party Services ”). These links are provided for your convenience and information only. Such links should not be interpreted as approval or endorsement by us of those Third-Party Services or the information you may obtain from them. We make no representations about any Third-Party Services that may be accessed from or through our Website, nor do we have any control over the contents of those Third- Party Services. If you choose to access any such Third-Party Services, you do so at your own risk. We are not liable or responsible for any consequences, losses, harm or damages that may arise from your access or use of any Third-Party Services, including, without limitation, your purchase or use of, or access to, goods, services, resources, content, or any other transactions made in connection with any Third-Party Services. We encourage you to review carefully the terms, policies and practices of such Third-Party Services and ensure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products, services, websites, applications or resources should be directed to the third-party provider, owner or operator thereof.
We have the right, without notice, to insert advertising data into our Website, so long as this does not involve our transmission of any of your personal information in contravention of the Privacy Policy. If you elect to have any business dealings with any party whose products or services may be advertised on our Website, you acknowledge and agree that such dealings are solely between you and such advertiser and we will not be a party to, or have any responsibility or liability related thereto. You acknowledge and agree that no such advertising may be construed as an endorsement by us of any such products or services so advertised.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BY ACCEPTING THESE TERMS YOU FREELY ACCEPT AND VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY, DEATH AND PROPERTY DAMAGE OR LOSS CONNECTED WITH YOUR USE OF OUR WEBSITE OR SERVICES, AND ANY CONTENT ON THE WEBSITE, HOWSOEVER ARISING, INCLUDING: (A) YOUR USE OF THE WEBSITE OR SERVICES; (B) THE ACTIONS, OMISSIONS OR NEGLIGENCE (INCLUDING FAILURE TO USE REASONABLY PRUDENT AND CAREFUL CARE, AND FAILURE TO PROTECT YOU FROM RISKS, DANGERS AND HAZARDS INHERENT IN THE USE OF THE WEBSITE OR SERVICES) OF THE RELEASED PARTIES (AS DEFINED BELOW); AND (C) ANY BREACH OF CONTRACT, BREACH OF STATUTORY DUTY OR OTHER BREACH OF DUTY OF CARE, INCLUDING ANY DUTY OF CARE IMPOSED BY LAW OR EQUITY ON THE PART OF ALL OR ANY OF THE RELEASED PARTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL MANNER OF LIABILITIES, CLAIMS, DEMANDS, SUITS, DAMAGES (INCLUDING DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES), LOSSES, INTEREST, COSTS, EXPENSES, DEBTS, ACTIONS AND CAUSES OF ACTION OF ANY KIND, CHARACTER OR NATURE, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, INCLUDING THOSE OF LOSS, DAMAGE, INJURY OR DEATH HOWSOEVER ARISING, INCLUDING AS DESCRIBED IN THE PARAGRAPH DIRECTLY ABOVE THAT YOU HAVE, MAY HAVE, OR HAVE EVER HAD RESULTING FROM OR CONNECTED IN ANY WAY WITH YOUR USE OF THE WEBSITE OR SERVICES OR ANY CONTENT ON THE WEBSITE, INCLUDING ANYTHING ARISING AFTER THE DATE OF YOUR AGREEMENT TO THESE TERMS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOUR ACCESS TO AND USE OF OUR WEBSITE AND SERVICES, INCLUDING ANY CONTENT YOU MAY ACCESS WHILE USING OUR WEBSITE, IS AT YOUR OWN RISK; (B) YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION OBTAINED THROUGH OUR WEBSITE BEFORE RELYING ON IT; (C) THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; AND (D) WE MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, USABILITY, QUALITY, CAPACITY, PERFORMANCE, ACCURACY, CURRENCY, AVAILABILITY, SAFETY, HEALTH RISK OR SPECIFIC RESULTS OF THE WEBSITE OR SERVICES OR ANY CONTENT ON THE WEBSITE. WE EXPRESSLY DISCLAIM AND EXCLUDE ALL REPRESENTATIONS, WARRANTIES , CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT.
Your use of our Website may depend on the public Internet, including networks, cabling, facilities and equipment that is not in our control. Accordingly: (i) we cannot guarantee any minimum level regarding the performance, speed, reliability, availability, use or consistency, or that the Website will be secure or free of bugs, viruses or other harmful or destructive code; and (ii) data, messages, information or materials sent over the Internet may not be completely private and your anonymity is not guaranteed. You are solely responsible for configuring your computer, device and information technology to access or use the Website, and the security thereof. You should use your own virus protection software.
Limitation of Liability
EXCEPT TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL RENNIE, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES OR SUCCESSORS (COLLECTIVELY, THE “ RELEASED PARTIES ”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR LOSS OF PROFITS, SAVINGS, REVENUES, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS, THE WEBSITE OR THE SERVICES, WHETHER BASED ON TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHER THEORY OF LIABILITY, (COLLECTIVELY, " EXCLUDED DAMAGES ") EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE REASONABLY FORESEEN ANY SUCH DAMAGES OR LOSSES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL EXCLUDED DAMAGES.
STRICTLY TO THE EXTENT THAT THE FOREGOING PARAGRAPH DOES NOT APPLY TO YOU, IN THE EVENT THAT FOR ANY REASON REQUIRED UNDER APPLICABLE LAW WE ARE LIABLE TO YOU IN ANY MANNER, IN NO EVENT SHALL THE RELEASED PARTIES’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, OR YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES, EXCEED THE LESSER OF (A) CAD $100.00, OR (B) THE AMOUNT ACTUALLY RECEIVED BY US FROM THE TRANSACTIONS INVOLVING THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM.
To the maximum extent permitted by applicable law, you agree, at your sole cost, to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, proceedings, causes of action, demands, debts, liabilities, damages, judgments, awards, losses, fines, penalties, charges, costs and expenses (including reasonable legal fees and expenses) of any kind and character whatsoever incurred by us, including any amount paid to settle any such action or to satisfy a judgment, arising out of or relating to: (a) access to or use of, or activities in connection with, our Website or Services (including your Account), whether by you or permitted by you; (b) your User Content or Feedback; or (c) any of your acts or omissions, including your breach or non-performance of these Terms or your illegal or otherwise wrongful conduct (including violation of any third party’s rights).
We reserve the right, in our sole and absolute discretion, to update, change or replace these Terms from time to time without notice to you, but we will use reasonable efforts to publish each update or change on our Website before it becomes effective. Where applicable law requires that notice of any such updates or changes be provided to you, such notice will be provided in accordance with the law.
All updates and changes are effective as of the last updated date indicated at the beginning of these Terms and apply to your continued access to and use of our Website and Services. We may post reminders and summary information about material changes to these Terms, including where there are substantial amendments that affect your rights and obligations, but you are responsible for regularly reviewing these Terms to obtain timely notice of such changes. We will ensure that the latest, fully-updated version of these Terms is published on the Website.
If any change to these Terms is unacceptable to you, you must: (a) discontinue your use of our Website and Services; and (b) if you have created an Account, delete your Account. Your continued access to or use of our Website or Services after the effective date of each update or change will constitute your acceptance of such updated version of these Terms, whether you are given notice of such updates or changes or not.
Subject to the Supplemental Jurisdiction-Specific Terms, these Terms will be governed by, and construed, interpreted and enforced in accordance with, the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of laws principles or rules. Any action or proceeding arising out of or relating to the Website or Services, or under these Terms, will be instituted in the courts of competent jurisdiction in the Province of British Columbia, and you hereby irrevocably consent to the exclusive jurisdiction of such courts in any such action or proceeding and waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Subject to the Supplemental Jurisdiction-Specific Terms, any action brought by you, including arbitration, will proceed solely on an individual basis without the right for any claim to be adjudicated on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of others.
Interpretation
In these Terms, (a) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms; (b) the words “including” and “includes”, the phrase “such as”, and similar words and phrases, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected; and (c) all references to the Website or Services will also include any successor or replacement applications, websites, content, products or services containing substantially similar information as the referenced Website or Services or any part thereof.
Entire Agreement
These Terms (including the Supplemental Jurisdiction-Specific Terms found below), as amended from time to time, any policies, rules, terms or documents referenced herein and any other agreements between you and us related to the provision of specific Services, constitute the entire agreement and understanding between you and us with respect to the matters referred to in these Terms and your access to and use of our Website and Services, and supersede and replace any prior or contemporaneous agreements, communications, understandings and proposals, whether oral, electronic or written, between you and us with respect to such matters (including any prior versions of the Terms). To the extent of any conflict between the provision of these Terms and any other agreement between you and us related to the provision of specific Services, the agreement related to the provision of specific Services prevail to the extent necessary to resolve such conflict.
Supplemental Terms of Specific Jurisdictions
If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also agree to the supplemental terms applicable to you in the applicable jurisdiction as outlined below. If there is a conflict between the provisions of the Supplemental Jurisdiction-Specific Terms that are applicable to you, and the rest of these Terms, the relevant jurisdictions’ Supplemental Jurisdiction-Specific Terms will supersede and control.
Assignment and Inurement
We may, at any time, assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms, or any of your rights or obligations hereunder, without our prior written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
No Waiver
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including the right to suspend, restrict or terminate your access to any portion of our Website or Services, are cumulative and in addition to and not in substitution of any right, power or remedy that may be available to us at law or in equity.
Severability
In the event that any provision of these Terms is determined to be invalid, illegal or unenforceable, in whole or in part, in any jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not invalidate or render unenforceable such provision or part thereof in any other jurisdiction or affect the validity or enforceability of any other provisions hereof, which will continue in full force and effect.
Survival
All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.
Notifications
Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy or through conspicuous posting of such notice on the Website, as we may determine in our sole discretion.
Relationship
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Website or Services.
Social Networks
If at any time our Website includes features that operate in conjunction with certain third party social networking websites that you visit (“ Social Network Features ”), your use of the Social Network Features is governed by these Terms, but your access and use of third party social networking websites and the services provided through these websites is governed by the terms and conditions and other agreements posted on these websites. You agree that you alone are responsible for your use of the Social Network Features and that we will not be liable to you or anyone else for your violation or breach of any terms and conditions or other agreement that may result from your use of the Social Network Features.
Force Majeure
We will not be liable for delays, failures in performance, or interruptions of our Website or Services that result directly or indirectly from any cause or condition beyond our reasonable control, including any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, state of emergency, pandemic, epidemic, outbreak of illness or disease, declaration of public health emergency, strike or other labor dispute, fire, earthquake, natural disaster, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, or other catastrophe.
Questions and Concerns
If you have any questions or concerns about these Terms, or if you become aware of misuse of our Website or Services, please contact us at privacy.officer@rennie.com.
The term “Virtual Office Website” (“ VOW ”) refers to a secure, password-protected internet website controlled and operated by us, through which we provide real estate services to consumers or consumer clients with whom we have established a lawful REALTOR®/consumer or REALTOR®/client relationship, and where the consumer has an opportunity to search for property data and information maintained in the Multiple Listing Service® system database which is made available by the Chilliwack & District Real Estate Board, Fraser Valley Real Estate Board or Real Estate Board of Greater Vancouver, as the context requires (the “ Board ”) to us from time to time.
By creating a Client Account and accessing our VOW, you hereby acknowledge and agree that:
you have received, and have read and understand, the documents published by the Real Estate Council of British Columbia and the British Columbia Real Estate Association entitled:
you are entering into a lawful REALTOR®/consumer or REALTOR®/client relationship with Rennie;
all data and information obtained from our VOW is intended for and may only be used for you personal, non-commercial use;
you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered through our VOW;
you will not and will not permit or assist any other person to, directly or indirectly:
copy, redistribute or retransmit any of the property data or information provided or displayed on our VOW;
display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense any of the property date or information provided or displayed on our VOW to another person;
engage in the use of a software program or other method to extract photographs and text from our VOW for use on another internet website (including “screen scraping” and “database scraping”), “data mining” or any other activity intended to collect, store, re-organize, summarize or manipulate any property data or information provided or displayed on our VOW or any related data;
the use of any software program or other method to extract photographs and text from our VOW for use on an internet website
all right, title and interest (including all intellectual property and proprietary rights) in and to the property data and information provided or displayed on our VOW is owned the Board; and
you expressly authorize the Board or their duly authorized representatives to access the VOW, your Account, and the information you provided to us for the purposes of verifying compliance with and pursuing enforcement of these Terms and all applicable rules, regulations, bylaws, policies and laws.
In the event there is a conflict between the provisions of this section and the main body of these Terms, if you are a Client residing in British Columbia, engaging with a REALTOR® in British Columbia or viewing a listing associated with a property located in British Columbia, then the provision of this section will take precedence.
If you are resident in the United States, these Terms will be governed by, and construed, interpreted and enforced in accordance with, the laws of the State of Washington, without giving effect to any choice or conflict of laws principles or rules.
This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, and you and Rennie each agree that this section is intended to satisfy the “writing” requirement of the Federal Arbitration Act.
THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A PRE-DISPUTE RESOLUTION PROCESS, BINDING ARBITRATION PROVISION, MASS ARBITRATION PROVISION, AND A CLASS-ACTION AND JURY TRIAL WAIVER.
To the fullest extent permitted by law, by using the Services, you and Rennie agree that if a dispute arises between you and Rennie relating in any way to the Services or your use thereof, including common law or statutory claims, the dispute will be resolved in accordance with the provisions set forth in this section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND RENNIE HAVE AGAINST EACH OTHER ARE RESOLVED. You and Rennie agree that any and all disputes or claims that have arisen or may arise between you and Rennie in connection with access to or use of the Website or the Services, including any products or services offered or sold on the Services and your use of the Services, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation, or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
Opt-out
You may elect to opt-out (exclude yourself) from the pre-arbitration dispute resolution, final, binding arbitration procedure, mass arbitration procedure, and waiver of class and representative proceedings specified in these Terms by sending a written letter to Rennie at 200 - 2825 Eastlake Avenue East, Seattle, WA 98102 (the “ Notice Address ”), within thirty (30) calendar days of your initial agreement to these Terms. The letter must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your email address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.
Pre-Arbitration Dispute Resolution
You and Rennie agree that whenever you or Rennie have a disagreement (“ Dispute ”) with the other arising out of, connected to, or in any way related to the Services that is subject to the arbitration provision herein, you and Rennie will first send a written notice to the other party (a “ Demand ”). You and Rennie agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the Notice Address. Rennie must send the Demand to you via certified mail to the most recent address Rennie has on file for you (or by email if Rennie only has an email address for you on file). A Demand (1) shall seek to resolve a Dispute only on an individual basis; (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for Rennie by its authorized representative (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and Rennie will personally attend (with counsel, if represented). You and Rennie agree that you and Rennie will not take any legal action, including filing a lawsuit or demanding arbitration until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve Disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.
Arbitration Procedure
If the Dispute stated in the Demand is not resolved to your or Rennie’s satisfaction within ten (10) business days after the conference described above (or within ten (10) business days after the time when such a conference may be requested if no conference has been requested), and you intend on taking legal action, you agree that you will file a demand for arbitration with JAMS. The arbitration will be conducted under JAMS’s Comprehensive Rules & Procedures, including the JAMS's Consumer Rules (as applicable), as modified by this Agreement to Arbitrate. The JAMS’s rules and a form for initiating arbitration proceedings are available on the JAMS’s website at: https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable, except that a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if the Pre-Arbitration Dispute Resolution requirements set forth above have not been met.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Rennie may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone and/or video conference, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Washington, including recognized principles of equity, and will honor all claims of privilege recognized by law.
The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’s rules.
Class Action Waiver
You and Rennie agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Rennie agree otherwise or the Mass Arbitration provisions set forth below are triggered, the arbitrator may not consolidate or join more than one person’s or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect any other person or party. You and Rennie further agree that in the event this arbitration agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between you and Rennie in any forum. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTIONS.
Mass Arbitration
If, at any time, 25 or more claimants (including you) submit Demands or seek to file demands for arbitration raising similar claims against Rennie, and such circumstances meet the definition and criteria of Mass Filings (“ Mass Filing ”) set forth in National Arbitration & Mediation’s (“ NAM ”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“ NAM’s Mass Filing Rules ”) available at https://www.namadr.com/resources/rules-fees-forms/ ), you and Rennie agree that JAMS shall not serve as arbitrator and that instead NAM shall administer any Mass Filing claims and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply as modified below. The parties agree to the appointment of a Procedural Arbitrator pursuant to NAM’s Mass Filing Rules, and additionally agree that the Procedural Arbitrator will have the authority to determine jurisdiction and arbitrability including, but not limited to, any issue regarding the validity, existence, formation or scope of the agreement under which Arbitration is being sought, and the proper parties to the Arbitration. You agree that throughout this process, the parties’ counsels shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that your election to participate in a Mass Filing may result in a delay in the adjudication of your dispute with Rennie. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth below.
Stage One: Counsel for the claimants and counsel for Rennie shall each select 15 claims per side (30 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Rennie will pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Rennie shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Rennie will pay the mediator’s fee.
If your claim is not resolved as part of the staged process identified above, either:
Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Terms. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage Two or the elective mediation associated with Stage Two. We may opt your claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsels for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor we elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 100, then 100 claims shall be randomly selected (or selected through a process agreed to by counsels for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 100, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 100 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsels for the parties are encouraged to meet and confer, participate in mediation, and engage with easch other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
You and Rennie agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and Rennie acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim will proceed before JAMS pursuant to the JAMS Mass Arbitration Procedures and Guidelines (available at https://www.jamsadr.com/mass-arbitration-procedures ). If a court of competent jurisdiction also determines that the JAMS Mass Arbitration Procedures and Guidelines are not enforceable as to your Claim, then the remaining Claims shall be subject to Option One or Option Two above as selected by you or us.