1. Introduction

Welcome! The following terms and conditions are the “Terms of Use” (or “Terms”) for your use of our website (www.vrlisting.com, www.vrlportal.com and www.listbuddy.ca (the “Site”)), which is made available to you by VR Listing Inc. (“Company”, “we”, “us” or “our”).

The purpose of the Site is to provide information, products, and services relating to Company's mission, approach and initiatives.

The contents of the Site include, without limitation, information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”). Unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Contents.

These Terms of Use constitute a legally binding agreement between you and Company regarding your use of and access to the Site.

These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with Company, unless otherwise agreed to in writing by Company. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Site.

2. Provision of the Site by Company

The form and nature of the Site may change from time to time without prior notice to you.

We may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to inform us when you stop using the Site or any of its features.

You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Site, your account details or any files or other content which is contained in your account.

3. Use of the Site by You

Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:

  • be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
  • affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
  • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
  • transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
  • modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
  • advocate or encourage any illegal activity;
  • infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of Company or any third party;
  • violate the privacy of any individual, including users of the Site; or
  • violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).

In order to access certain products and services, or as part of the account registration process, you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to us will always be accurate, correct and up to date.

Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not store, reproduce, duplicate, modify, copy, create derivative works of, transmit, display, sell, offer to sell, reverse engineer, trade or resell, or otherwise exploit any portion of the Contents or any Company products and services for any purpose. You agree not to use any data mining, robots or similar data gathering and extraction tools or processes. We do not grant any license or other authorization to any trademarks, service marks, copyrightable material, or other intellectual property, whether or not registered or identified as such. You may not remove or modify any copyright or proprietary notices. If you violate any of these Terms, your permission to use the Site automatically terminates.

You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which Company may suffer) of any such breach.

5. Click-Through Agreements

Before you use certain areas of the Site, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked “OK” or “I agree.” Any special terms and conditions to which you agree will supplement and amend these Terms of Use.

6. Links to Third-Party Sites; Third-Party Information

Use of certain links on the Site will direct you away from the Site to third-party websites. These third-party websites are not under the control of Company, and we are not responsible for the contents of any such website or any link contained in such website. The third-party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered thereon.

Any third-party content, data or publications made available through the Site are furnished by Company on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third-parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of Company. COMPANY DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

7. Privacy and Personal Information

By registering for this Site, you hereby give us permission to use your email address to verify your identity, protect against fraud, and contact you. In addition, we may use it to send you updates about your user account, new products and services, and Site updates. Your personal information will not be released to any third party. The list of Site members will not be bought, sold, loaned, re-appropriated, re-used, given or provided outside of Company for any reason. Any information you may receive from a third-party via the Site will be facilitated and sent through Company, not through the third-party.

Personal information submitted by users to the Site may be employed for the purposes of maintaining the integrity of the Site and its contents, contacting our users when necessary, and improving the quality of service provided by the Site. Our servers also collect information specific to how you use the Internet. Our servers collect information regarding details such as the server you are logged onto and your IP address. This information is obtained solely for the purpose of maintaining the Site's integrity and improving our service. We may ask you for more personal information from time to time in a survey format. This information is specifically used to ensure that the Site is up-to-date and relevant, and that the products and services provided to you in advertising format are relevant and of interest to you. Any information used as demographics will not reveal the source, and will be kept secure. Before we use your information for any other purpose, we will let you know and seek your consent. If we do not receive your consent, we will not use your information for that additional purpose. Any further information provided by you is on an optional basis.

Company may employ a data measurement service for tracking the performance of an ad on behalf of the advertiser. The information collected will be deidentified and not contain personal elements, and will only be shared with that particular advertiser. For more information on how we use your personal information see our Privacy Policy.

Company reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Site(s); or to protect our company and our Users. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.

Questions or requests with respect to your personal information may be sent via email to info@vrlisting.com .

8. Ownership of Intellectual Property Rights

The Site together with all trademarks and other intellectual property displayed, distributed, or otherwise made available via the Site, is the exclusive property of Company, and its successors, assigns, licensors, and/or suppliers and contributors. Unless you have agreed otherwise in writing with Company, nothing in these Terms of Use gives you a right to use any of the Contents, Company’s trademarks or other intellectual property of Company. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party.

You may use the Site and the Contents solely for the following purposes: (a) if a realty office, agent or brokerage (“Partner”), for your professional purposes as agreed with the Company; or (b) if an individual, for your non-commercial and limited personal use and for no other purposes.

No information or statement contained in these Terms of Use or the Site will be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of Company or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.

You may not allow any third-party (whether or not for your benefit) to access, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third-party (including, without limitation, on or via a third-party website), or otherwise use, any Contents without the express prior written consent of Company or its owner if Company is not the owner.

Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

You may not create a link to the Site without Company’s prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray Company or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.

The limited rights granted to you under these Terms of Use may be revoked by Company at any time for any reason whatsoever.

Links to third-party websites on the Site are provided solely as a convenience to you. If you use these links, you will be directed away from this Site. We do not control and are not responsible for any of those third-party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. We do not endorse or make any representations about those third-party websites or any information, software, products and services located there, or any results that may be obtained from using the software, products and services provided on or through those websites. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with your use of or reliance on any such third -websites.

9. Intellectual Property Infringement

We take our and others’ intellectual property rights very seriously.

If you are an owner of intellectual property (or the owner's authorized agent) and believe that any of the Contents or the Site infringes your intellectual property, please notify us using the following procedure:

Please send a written notice of suspected intellectual property infringement to: info@vrlisting.com .

In your written notice, please provide the following information:

  • Identification of the intellectual property claimed to have been infringed;
  • Identification of the Contents that you claim are infringing your intellectual property;
  • Information sufficient to permit us to contact you, such as a contact name, an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement of the basis on which you believe that use of the Contents in the manner complained of is not authorized by the owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and under penalty of perjury that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

10. We Do Not Provide Professional Advice

We Do Not Provide Professional Advice. We never give legal, financial, accounting, tax, investment, healthcare, real estate, or other professional services or advice. In some cases we or a Partner may make available prefilled forms or documents or other information as part of a product or service. These may include items such as legal form agreements or other documents, real estate information (such as pricing), and financial market information. You agree that these things are provided solely as a convenience and for informational purposes. Regardless of how these items are described at the time they are offered, you agree to seek the services of a competent professional when you need this type of help, and you will not rely on these items in any material transaction or decision.

11. No Warranty

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

IN PARTICULAR, WE AND OUR LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

  1. YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS;
  2. YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
  3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND
  4. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE AND WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR COMPUTER SYSTEM OR OTHER DEVICE OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH US FROM THE SITE WILL SERVE TO CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. THE WARRANTY PROVISION ABOVE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.

Province-Specific Terms. The following term applies only to consumers in Québec. In the event of a conflict between the terms of this Agreement and this Section, the terms of this Section shall apply:

Disclaimer of Warranties (Québec). The sole warranty applicable to this Agreement and the services is the mandatory legal warranty provided under the Civil Code of Québec and any warranty provided for under the Consumer Protection Act (Québec).

12. Limitation of Liability

SUBJECT TO SECTION 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, AND ITS LICENSORS ARE NOT AND WILL NOT BE, UNDER ANY CIRCUMSTANCES, LIABLE TO YOU FOR:

  1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND
  2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:
    1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMTION OR ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE;
    2. ANY CHANGES WHICH COMPANY MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE);
    3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
    4. FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, OR SPYWARE;
    5. YOUR FAILURE TO PROVIDE COMPANY WITH ACCURATE ACCOUNT INFORMATION;
    6. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

YOU AGREE THAT THE LIMITATIONS ON COMPANY’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED, OR OUGHT REASONABLY TO HAVE BEEN AWARE, OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU AGREE TO WAIVE, AND DO HEREBY WAIVE, ANY RIGHT OR CAUSE OF ACTION THAT YOU MAY HAVE OR MAY ACQUIRE AGAINST US AS A RESULT OF YOUR USE OF THIS SITE.

13. Termination; No Refund

Unless otherwise agreed between you and the Company in writing, we may terminate your use of the Site, and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

If you want to terminate your account with Company, you may do so by closing your account, where Company has made this option available to you.

Company may, at any time, terminate your use of the Site if:

  1. you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms of Use);
  2. Company is required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful);
  3. the Partner with whom Company offered the services to you has terminated its relationship with Company or ceased to offer the services to you;
  4. Company is transitioning to no longer providing the Site to users in the country in which you are resident or from which you use the Site; or
  5. the provision of the Site to you by Company is, in Company’s opinion, no longer commercially viable.

When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and Company had and have benefited from, have been subject to (or which have accrued over time while the Terms of Use have been in force), or which are expressed to continue indefinitely, shall be unaffected by such termination.

If you paid a fee to us to gain access to or use the Site, any termination of your use, whether by you or by us, will be without refund of any paid fees unless otherwise in writing between us and you. If you paid a fee to a Partner to gain access to the Site, we are not responsible for any fees paid by you to that Partner; it is your responsibility to consult with that Partner to determine what if any refund you may receive from the Partner on termination.

14. Indemnification

You agree to indemnify, defend, and hold harmless Company and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers, from and against any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Use, and (b) your use of the Site.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or negotiations, as we may request.

15. Payments

Any payments owing to us will be billed to you in Canadian dollars, and your account will be debited when you provide your payment information, unless stated otherwise at the time of purchase. You must pay via a method acceptable to us, which may include a valid credit or debit card, funds transferred via electronic debit from a checking or savings account, or another payment option offered at the time of purchase. If your payment or registration information is not accurate, current, and complete, we may suspend or terminate all licenses and refuse any further use of this Site. In cases where you authorize repeat billing, we may participate in programs supported by your card provider (such as updater services, recurring billing programs, etc.) to try to update your payment information, and you agree that we may continue billing your account with the updated information that we obtain.

For recurring memberships, upon the end of your membership term we may automatically renew your periodic subscription at the then-current rates, unless you or we terminate this Agreement.

16. General

These Terms of Use, together with any Additional Terms, constitute the entire agreement between you and Company relating to your use and our provision of the Site.

You agree that Company may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site.

You agree that if Company does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Company has the benefit of under any applicable law), this will not be, and will not be understood as, a formal waiver of Company’s rights and that those rights or remedies will still be available to Company.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use, and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You cannot assign or transfer this Agreement without our written approval, but we may assign or transfer it without your consent to: (a) an affiliate, (b) another company through a sale of assets or ownership shares, or (c) a successor by merger, acquisition, or divestiture.

The laws of the Province of Ontario and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles. To resolve any legal dispute arising from this Agreement, you and the Company agree to the exclusive jurisdiction of the Province of Ontario. We do not represent that the Site is appropriate or available for use in all countries. We prohibit accessing materials from countries or states where contents are illegal. You are using the Site on your own initiative and you are responsible for compliance with all applicable laws.

No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.

17. Obtaining Company's Consent

To request the consent of Company for any of the actions for which such consent is required under these Terms of Use, please send an e-mail to info@vrlisting.com . Company reserves the right to refuse any such requests in its sole discretion.

© 2019 VR Listing Inc. All rights reserved.