The following outlines the terms and conditions of the FIXE.IMMO platform.
RIVAL, via the Site, offers its own proprietary real-estate marketing and content distribution services, as well as third-party real-estate brokerage services (hereinafter collectively the "Services"). All third-party real-estate brokerage services are offered by member real-estate agencies and real-estate brokers (hereinafter together “Members”) licensed by the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ). In order to provide the Services, RIVAL offers its users, via the Site, access to a variety of resources, including file download and upload areas, communication tools, and information channels. As part of the normal operation of the Site, RIVAL and/or its Members may be required to collect certain personal information from the User on the Site, such as but not limited to: your name, mailing address, telephone number, email address, billing details and, various real-estate-related legal, regulatory and / or administrative documents (collectively your "Information"). The User agrees to use the Site only in connection with the various professional services offered on the Site. If any of the Services offered on the Site requires the User to open an account, the User must complete the registration process by providing RIVAL with up-to-date, complete and accurate Information as requested by the form. Failure to comply with this requirement may cause the Services to be rendered in a non-compliant or otherwise inadequate manner.
CODE OF CONDUCT
The User must use the Site and / or the Services only for lawful and legitimate purposes. The User must not display or transmit through the Site any material that violates or infringes in any way on the rights of others; which is illegal, threatening, abusive, defamatory, disrespectful of privacy, vulgar, obscene, blasphemous or otherwise objectionable; which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or which, without the express prior consent of its author, contains an advertisement or solicitation with respect to products or services of a third party. Any conduct by the User that, at RIVAL’s sole discretion of interpretation, limits or prevents another user or one of its Members from using the Site or its Services in good faith may result in loss of access to the Site and/or the Services, and/or civil or criminal liability. The User may not use the Site or its content for advertising or commercial solicitations, including, but not limited to, soliciting other users or Site Members to register for other services that compete with the Site or RIVAL. All content on the Site is the property of RIVAL or its respective author subject to applicable laws.
COPYRIGHT AND RIGHT TO PUBLISH
The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or exploit in any way the content of the Site, in whole or in part. No use of, copying, redistribution, retransmission, publication, whether personal or commercial, of the contents of the Site will be authorized without the written authorization of RIVAL and / or the copyright owner. The User acknowledges that they do not acquire any right of ownership by downloading material from the Site. The User shall not download, post or otherwise make available on the Site or elsewhere any material protected by copyright, trademark or any other proprietary right without the express permission of the copyright, trademark or any other property rights owner. The User is obligated to ensure that any item downloaded or uploaded through the Site is not protected by copyright. The User will be solely responsible for any damage resulting from copyright infringement, property rights or any other damage resulting from their conduct on the Site. The User grants RIVAL the right to modify, copy, publish and distribute any visual element intended for public display on the Site submitted by the User such as, but not limited to: descriptive texts, photos, and videos. The User automatically grants, and warrants that the author of said elements has expressly granted to RIVAL an unlimited, royalty-free, perpetual and irrevocable right of use to reproduce, modify, adapt, publish, translate and distribute said elements (in all or in part) throughout the world and / or incorporating them into other works in any form, media or technology known or subsequently developed.
USER ACCOUNT, SECURITY, AND PASSWORD
The User is responsible for any use of their user account (under any username or password) and to ensure that all users of their account comply fully with the provisions of the Terms. The User is responsible for protecting the confidentiality of their password. The User shall inform RIVAL without delay of any unauthorized use of their user account or any other security breach, real or suspected. RIVAL will not be liable for any loss that the User would suffer as a result of another person using their password or account, with or without the knowledge of the User. The User can not use the account of another user without the written authorization from said user.
LIMITATION OF LIABILTY
The User expressly acknowledges that navigation on the Site and the use of the Services is at the sole risk of the User. RIVAL offers no guarantee against interruptions of availability of the Site or the Services, and gives no guarantee as to the results that can be obtained by the use of the Site, or the Services. The User agrees to defend, indemnify and hold RIVAL, its directors, officers, employees and agents harmless against all claims and expenses, including legal fees, for direct, indirect, incidental, special, or consequential damages, whether consequential or punitive, whether for breach of contract, tortious behavior, negligence, or any other cause of action arising from (1) the use, navigation or unavailability, temporary or otherwise, of the Site or the Services, (2) circumstances beyond RIVAL’s control, including, but not limited to, acts of God, war, riot, embargos, interruptions of public services, acts of civil or military authorities, fires, floods, accidents, failure of equipment and / or software and / or telecommunications breakdowns, power outages, network failures, failures of third party suppliers of services (including internet and telecommunications service providers), (3) failure to perform, error, omission, interruption, deletion, failure or delay in operation or transmission, computer virus, communication failure, theft or destruction, or unauthorized access. The User expressly acknowledges that RIVAL is not responsible for the defamatory, offensive, illegal or otherwise non-compliant conduct of other users or its Members.
SPECIFIC NOTICE REGARDING SERVICES OF MEMBER REAL-ESTATE AGENCIES AND REAL-ESTATE BROKERS
RIVAL is not a real-estate agency. RIVAL is not a real-estate broker. RIVAL is a real-estate marketing services provider which owns and operates a proprietary real-estate marketing technology platform. In full compliance of applicable laws, RIVAL does not render any service and does not engage in any activity deemed to be an act of real-estate brokerage under the Quebec Real Estate Brokerage Act. In no event shall RIVAL, its directors, officers, employees, subcontractors or agents be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of any Members’ action or inaction under the Real Estate Brokerage Act of Quebec. Any real-estate brokerage act, as defined by the Real Estate Brokerage Act of Québec, undertaken by a Member in the exercise of their duties is governed by the OACIQ. Any and all complaints, disputes, or grievances, whether ethical, professional or otherwise, concerning the professional services, conduct or actions of any Members of the Site must be submitted by the User to the OACIQ, and not to RIVAL.
ACCURACY OF CONTENT
In accordance with the provisions of the OACIQ's advertising policy, RIVAL is obligated, as a third-party content dissemination service provider to Members, to ensure that the information displayed on the detailed property listing pages published on the Site is consistent with the official information submitted by Members to Centris. RIVAL’s duty to ensure the concordance of this information does not in any way guarantee its accuracy. RIVAL can not guarantee how current, accurate or complete such information may be. In accordance with the Québec Real Estate Brokerage Act, responsibility for the timeliness, accuracy and completeness of information relating to real-estate properties published on the Site and elsewhere is entirely the responsibility of the Members. RIVAL assumes no responsibility for decisions made by the User based on information provided by Members, by the User themselves, by other users, or by any third party.
Certain links on the Site allow the User to leave the Site. RIVAL cannot and will not be held responsible for the content of any linked site or any link contained in a linked site. The User acknowledges that these linked sites are not under the control of RIVAL. RIVAL assumes no responsibility for the content of any third-party site.
RIVAL reserves the right (1) to review the Information posted on the Site or uploaded by the User through the Site in its sole discretion, (2) to terminate the User's access to any or all part of the Site or Services at any time, without notice, if RIVAL considers that the Information transmitted by the User violates the Conditions and / or if RIVAL deems it necessary to do so to satisfy the requirements of any applicable law or regulation. RIVAL shall have the right, but not the obligation, to monitor the content displayed on the Site in order to determine compliance with the Terms, with the operational standards established by RIVAL, and to satisfy any other form of applicable legal or regulatory requirements. RIVAL will have the right, at its sole discretion, to modify, refuse to publish or delete any item submitted or posted on the Site. Without limiting the foregoing, RIVAL will have the right to remove any material that RIVAL, at its sole discretion, deems to be in violation of the Terms.
The logos of RIVAL and FIXE.IMMO are trademarks owned by RIVAL. All rights reserved. All other trademarks appearing on the Site are the property of their respective owners. All rights not expressly granted herein are reserved.
These Terms constitute the entire agreement between RIVAL and the User with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof. This Agreement shall be interpreted in accordance with the laws of the Province of Quebec, Canada. No waiver by any party of any breach or default under the Terms will be deemed to be a waiver of any prior or subsequent default breach. The titles of the sections used are for convenience only and should not be given any legal significance.