Cribz Terms of Use

These Terms of Use were updated on May 1, 2023. By continuing to use the Services, you agree to be bound by these Terms and the terms of the applicable Services Addendum that governs the specific Services provided to you by Cribz under that Services Addendum. The Services are owned and operated by Cribz Inc., a technology-powered company headquartered at in Toronto, ON, Canada.

TERMS OF USE

These Terms are an integral part of the Agreement between you and the Cribz regarding the Services. They provide important information about your obligations when using the Services, accessing content through the Services, contributing content to the Services, and our limitations of liability. By accessing, downloading, or using any part of the Services, you signify your acceptance of these Terms.

The Services, whether in whole or in part, can be accessed through the Sites. Your use of and access to each Service is subject to these Terms and the terms of the applicable Services Addendum. Please review each applicable Services Addendum as your use of the corresponding Site and Service implies your agreement to its terms.

PLEASE NOTE: WHERE PERMITTED BY APPLICABLE LAW, WHEN YOU AGREE TO THIS AGREEMENT AND THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY CLAIM BETWEEN YOU AND Cribz THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE CAREFULLY REVIEW SECTION 2.13.9 BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). THIS AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER.

BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.

Definitions.

1.1. "AAA" refers to the American Arbitration Association.

1.2. "AAA Rules" refers to the Consumer Arbitration Rules of the AAA.

1.3. "Agreement" collectively refers to these Terms, the applicable Services Addendum, and all other relevant terms, conditions, and policies, including the Privacy Notice, made available to you in connection with your use of the Services.

1.4. "Claim" refers to any dispute, controversy, or claim arising between you and a Cribz Company.

1.5. "Class Action Waiver" has the meaning described in Section 2.13.9.2 of these Terms.

1.6. "Feedback" refers to feedback, comments, and suggestions for improvements in connection with the Sites and Services.

1.7. "Cribz " or "Cribz Companies" or "our" or "we" collectively refer to the specific entity, and/or the affiliates of such entity, providing the Services as identified in the applicable Services Addendum.

1.8. "Services Addendum" refers to any applicable addendum incorporated by reference into this Agreement that contains additional terms and provisions concerning the respective Services.

1.9. "Services" collectively refer to the Sites and services provided by the Cribz Companies pursuant to this Agreement and any applicable Services Addendum.

1.10. "Sites" refer to the websites and mobile applications maintained by or on behalf of the Cribz Companies through which the Cribz Companies may offer services.

1.11. "Terms" refer to these Terms of Use.

1.12. "Testing" has the meaning described in Section 2.13.6 of these Terms.

1.13. "Third Party Content" refers to Your Content and any data, content, information, or other materials provided by a third party, including, but not limited to, content and information provided by other users of the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by the Cribz Companies' Privacy Notice. It also includes content and information posted or provided by our service providers or any third-party multiple listing service, broker, or agent.

1.14. "Third Party Sites" refer to third-party websites.

1.15. "Your Content" refers to your Feedback and any data, content, information, ideas, comments, property information, listing information, photos, or other materials that you provide to us or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by the Cribz Companies' Privacy Notice.

All other capitalized terms will have the meanings as provided elsewhere in this Agreement.

GENERAL TERMS

2.1. Who Can Use the Services. To access and use the Services, you must either be of the age of majority in the state, province, or territory where you reside or be at least 18 years of age. If you are under the age of 13, you may not use the Services and you should not visit the Sites or use the Services. Additional user requirements, if any, can be found in the applicable Services Addendum.

2.2. Third Party Sites and Linked Materials. The Services may contain links to Third Party Sites. Before using any Third Party Site or sharing any information with it, please review the applicable terms or Privacy Notice, as you may be granting the third party permission to use your information in ways that we would not. Cribz does not endorse or assume responsibility for any features, content, advertising, products, or other materials on or available through Third Party Sites, even if originally accessed via a link on the Sites.

2.3. Intellectual Property Rights, License, and Ownership.

2.3.1. Cribz Intellectual Property. Except as otherwise specified in this Agreement, the Cribz Companies and their licensors own all rights, title, and interest in the Services and all materials and information (including source code, data, text, images, and other content) contained on or in the Services. You acknowledge that all such content is protected by copyright, trademark, and other laws of the United States and foreign countries.

2.3.2. License Granted to You. Each Cribz Company, as applicable, grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Services as long as your use complies with this Agreement, the applicable Services Addendum, and any other applicable policies. Unless explicitly granted permission, this Agreement does not provide you with any right or license to use any trademarks, service marks, graphics, or logos owned by any Cribz Company.

2.3.3. Restrictions. Except as permitted by the Services, you may not modify, decompile, disassemble, reverse-engineer, reproduce, redistribute, create derivative works based on, or attempt to commercially gain from your use or misuse of the Services or any of their components. You may not use any meta-tags or other hidden text using any Cribz Company name, trademark, service mark, graphic, or logo without the specific written permission of the respective Cribz Company. You may not remove, obscure, or modify any copyright or other intellectual property notices appearing on or in the Services. Your use of the Services must comply with all applicable laws or regulations, this Agreement, the Cribz Companies' policies, and any applicable third-party policies. You may not use the Services in a manner that harms the Cribz Companies, our service providers, our suppliers, other users of the Services, or any other person. We reserve the right to revoke your permission to access and use the Services, terminate your access to and use of the Services, and block or prevent your access to the Services if you violate these Terms or the Agreement. Your permission to access and use the Services is automatically revoked if you breach these Terms or the Agreement.

2.3.4. No Right to Reproduce. These Terms do not grant you a license to use, reproduce, distribute, display, or provide access to any portion of the Services on Third Party Sites or elsewhere.

2.3.5. No Scrubbing or Scraping. You may not automatically crawl or query the Services, including screen and database scraping, spiders, robots, crawlers, or any other automated means of obtaining information from the Services, unless you have received prior express written permission from the applicable Cribz Company.

2.3.6. Feedback. You may provide Feedback to an Cribz Company. By providing Feedback, you assign all rights, title, and interest in and to the Feedback to the applicable Cribz Company. To the extent permitted by applicable law, you grant the Cribz Companies a perpetual, irrevocable, worldwide, exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use the Feedback in any manner deemed fit by the Cribz Companies. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to your Feedback to the fullest extent permitted by applicable law.

2.3.7. Reservation of Rights. Except for the limited licenses granted in this Agreement, we reserve all rights, interests, and title in and to the Services.

2.4. Your Content. You grant the Cribz Companies a worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify (for formatting purposes only), distribute, and publicly perform and display Your Content (excluding Feedback) in connection with the provision of the Services to you or otherwise in connection with your permitted use of the Services. Additionally, we may share Your Content with our affiliates, service providers, and subcontractors to deliver, develop, or improve the Services. By providing Your Content, you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content to the fullest extent permitted by applicable law. Notwithstanding anything in the Agreement to the contrary, no Cribz Company has any obligation to store or display Your Content. The Cribz Companies may, at their sole discretion, monitor, modify, or remove Your Content at any time. You agree that the Cribz Companies may promote and market Your Content in connection with the Services.

2.5. Provision of Services and Communications with You. To access or use certain Services or features of the Services, you may need to register and create an account with the applicable Cribz Company. Please refer to the relevant Services Addendum for additional terms and conditions related to registration. By contacting you through the contact information associated with your account, we may communicate with you regarding your account, provide information and notices about the Services, and respond to your inquiries. We assume no liability for any loss or damage resulting from your failure to maintain accurate contact information or your failure to receive critical information about the Services. When you request information from us, you expressly invite us to contact you.

2.6. Forums. The Cribz Companies may provide forums where you can post observations and comments on designated topics or on public boards. Account holders may create forum topic threads for certain Services. The Cribz Companies, at their sole discretion, may close or transfer threads, modify or remove content posted on the forums. Please note that anything you share in a forum may be seen and used by other users of the relevant Services. The Cribz Companies are not responsible or liable for any content posted by non-Cribz Company individuals on the forums, nor do they assume responsibility for monitoring the content or activities associated with the forums.

2.7. Your Representations. By using the Services, you represent and warrant that: (i) you have the legal capacity to enter into this Agreement and grant the assignments, licenses, and permissions described herein; (ii) your use of the Services complies with all applicable laws, regulations, this Agreement, the Cribz Companies' policies, and third-party policies; (iii) Your Content and Feedback are original to you and do not infringe, misappropriate, or violate the rights (including intellectual property rights, rights of publicity, or privacy) of any person; (iv) Your Content and Feedback do not contain any obscene, libelous, defamatory, abusive, or inappropriate content; and (v) the Cribz Companies' use of Your Content and Feedback, as contemplated or permitted under this Agreement, will not infringe, misappropriate, or violate the rights (including intellectual property rights, rights of publicity, or privacy) of any person.

2.8. Termination. If you have created an account to access the Services, you may deactivate your account at any time by contacting the Customer Service of the relevant Cribz Company. You acknowledge and agree that we reserve the right to modify or discontinue the Services, in whole or in part, with or without notice, and we will not be liable to you or any other person or entity for any loss or damage incurred as a result of such modifications or discontinuance.

2.9. Indemnification. You agree to defend, indemnify, and hold each Cribz Company, and its agents, employees, directors, officers, and representatives harmless from and against all claims and expenses (including reasonable attorneys' fees and costs) arising out of: (a) your failure to comply with applicable laws, regulations, this Agreement, the Cribz Companies' policies, and third-party policies; (b) Your Content and Feedback; (c) the Cribz Companies' use of Your Content and Feedback as contemplated or permitted under this Agreement; or (d) any activity in which you engage on or through the Services.

2.10. Disclaimers. EACH Cribz COMPANY PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE Cribz COMPANIES DO NOT CONTROL OR VET THIRD-PARTY CONTENT FOR ACCURACY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Cribz COMPANIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS REGARDING THE SERVICES. EACH Cribz COMPANY, ALONG WITH ITS SERVICE PROVIDERS AND LICENSORS, DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS, AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT.

No Cribz Company is responsible for any errors in displayed information or delays in displaying information on the Sites, including Third Party Content. No Cribz Company assumes responsibility or liability for any Third Party Content. Any use or reliance on any Third Party Content or other information on the Services or obtained through the Services is at your own risk, including information provided by or for a Cribz Company. No Cribz Company is responsible for the acts or omissions of any third party, including, without limitation, a multiple listing service or an agent participating in the Cribz Partner Program.

No Cribz Company is responsible for, and makes no representations or warranties regarding, the delivery of any messages sent through the Services, such as posting answers or transmitting any content. No Cribz Company has an obligation to verify the identity of persons using its Services, nor does any Cribz Company have an obligation to monitor the use of its Services. Each Cribz Company disclaims all liability for identity theft or any other misuse of your identity or information by others.

No Cribz Company guarantees that the Services will function without interruption or errors, and each Cribz Company disclaims all liability for damages caused by any such interruptions or errors.

The information on the Services is not an offer or solicitation in any jurisdiction where such offer or solicitation is not legally permitted, or to any person to whom it is unlawful to make a solicitation.

The views expressed in Third Party Content, including posts in forums, do not necessarily represent or reflect the views of the Cribz Companies. No Cribz Company is responsible for, and disclaims all liability in relation to, Third Party Content.

2.11. Limitations of Liability. IN NO EVENT WILL ANY Cribz COMPANY OR ANY OF THEIR AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR BASED ON THESE TERMS, THE AGREEMENT, OR YOUR USE OF THE SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, UNLESS PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT OR HAVE ANY DISPUTE OR CLAIM AGAINST A Cribz COMPANY, ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, OR REPRESENTATIVES WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT FOR SUCH SERVICES, IF APPLICABLE, AND/OR DISCONTINUE USING THE SERVICES.

2.12. Copyright and Intellectual Property Policy. The Cribz Companies respect the intellectual property rights of others and expect our users to do the same. It is the policy of the Cribz Companies to terminate the accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your copyright or other intellectual property rights are being infringed, misappropriated, or otherwise violated by a user of the Services, or if you believe that a claim has been unfairly made against your account, please contact the Cribz Company.

2.13. General Terms.

2.13.1. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified to the maximum extent possible to make it enforceable and effective, in order to fulfill the intent of the provision.

2.13.2. Notices. You can contact the Cribz Companies by sending correspondence to that address or emailing legal@Cribz.tech.

2.13.3. Amendments to The Agreement. We reserve the right to update the Agreement, including these Terms, at any time, at our sole discretion. In the event of an update, we will notify you by posting the revised Agreement on the Sites or through other forms of communication. It is essential that you review the Agreement, including these Terms, whenever it is updated or when you use the Services. By continuing to use the Services after the updated Agreement is posted, you agree to be bound by the revised Agreement. If you do not agree to the updated Agreement, you may no longer use the Services. As our Services evolve, we may modify or discontinue any part or the entirety of the Services, at any time and without prior notice, at our discretion.

2.13.4. No Waiver. Our failure to take action in response to a breach of this Agreement or any term or condition herein by you or others does not waive our right to act in response to that breach or any subsequent similar or other breaches.

2.13.5. Assignment and Delegation. You are not permitted to assign or delegate any rights or obligations under this Agreement. Any purported assignment or delegation by you will be ineffective. We have the right to freely assign or delegate all rights and obligations under this Agreement, fully or partially, without notifying you. We may also substitute a Company with another party that assumes our rights and obligations under this Agreement through unilateral novation, effective upon notice to you.

2.13.6. Alpha and Beta Testing. The Services may include alpha or beta testing, as well as the evaluation or use of products and services, features, functionality, and all their components (whether in final or pre-release form), which we may conduct (referred to as "Testing"). Unless otherwise stated in another agreement between you and the relevant Cribz Company, your participation in any Testing and use of any data, content, information, or other materials in connection with such Testing will be subject to this Agreement.

2.13.7. International Matters. Unless specified otherwise in the applicable Services Addendum, each Cribz Company operates from offices in the Canada. We make no representation that the Services are suitable or available for use in any particular country or location. If you choose to access, view, or use the Services, you do so voluntarily and are responsible for complying with applicable local laws, if any. No Services, including software, may be downloaded, exported, or re-exported in violation of any applicable law, rule, regulation, or export or import control.

2.13.8. Governing Law. By agreeing to this Section 2.13.8, you submit to the personal jurisdiction of the relevant courts in Ontario Canada regarding any legal actions, suits, or proceedings and waive any jurisdictional or venue defenses available.

For Canadian Residents:

This Website contains Postal Code (official mark) Data copied under license from Canada Post Corporation. The data on this Website is sourced from the Canada Post Corporation file dated November 2018.

Ce Site contient des données reproduites avec l'autorisation de la Société canadienne des postes. Les données sur ce Site proviennent du fichier de la Société canadienne des postes daté de novembre 2018.

REALTOR®, REALTORS®, and the REALTOR® logo are certification marks owned by REALTOR® Canada Inc. and exclusively licensed to The Canadian Real Estate Association (CREA). These certification marks identify real estate professionals who are members of CREA and who must adhere to CREA's By-Laws, Rules, and the REALTOR® Code. The MLS® trademark and the MLS® logo are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA.

The information contained on this Website is based in whole or in part on information provided by members of The Canadian Real Estate Association, who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members and assumes no responsibility for its accuracy.

The Website is operated by a brokerage or salesperson who is a member of The Canadian Real Estate Association.

The listing content on this Website is protected by copyright and other laws and is intended solely for private, non-commercial use by individuals. Any other reproduction, distribution, or use of the content, in whole or in part, is strictly prohibited. Prohibited uses include commercial use, "screen scraping," "database scraping," and any other activity intended to collect, store, reorganize, or manipulate data on the pages produced by or displayed on this Website.