Website Terms of Use

Last Modified: March 15, 2016

Acceptance of the Terms of Use

Welcome to klikit.ca (the “Website”). Through the Website, Klikit Homes Network Inc. (“Klikit,” also referred to herein as “we” or “us”) enables real estate sellers to connect with buyers, and renters to connect with property managers and landlords (the “Klikit Services”). The Website is the ultimate real estate platform built on a social media base.

The following terms and conditions (“Terms of Use”), together with our privacy policy, which you can find at http://www.klikit.ca/privacy-policy, (“Privacy Policy”) govern your access to and use of the Website, including any content, functionality and services offered on or through the Website, whether you are a guest or a registered user.

Please read the Terms of Use and the Privacy Policy carefully before you start to use the Website. By using the Website or any of the Klikit Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or use the Klikit Services.

Please note that these Terms of Use contain disclaimers and limitations on our liability to you.

Klikit Services

Real estate transactions, such as renting, buying or selling a home, comes with risk. Klikit does not guarantee results from any of the Klikit Services. You acknowledge that Klikit’s responsibility is limited to providing you with access to the Website, posting or reviewing real estate information, and allowing you to communicate with potential business contacts on the Website. You acknowledge that Klikit does not verify real estate or personal information posted to the Website and that Klikit shall not be liable for any breach of contract or misrepresentation by any person posting information on the Website or doing business or negotiating via the Website. Essentially, Klikit provides a substitute for newspaper advertising and telephone communication and is not responsible for content provided by any person, firm or corporation other than Klikit.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes will be effective immediately when we post them, and will apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so that you are aware of any changes, as they are binding on you.

Content and Intellectual Property Ownership

The information published on or through the Website may include data, text, software, scripts, images, graphics, photographs, pre-designed templates, video recordings, audio recordings, audiovisual combinations, and other interactive or similar materials (collectively, the “Content”), that has been provided by users such as yourself, Klikit or its third party licensors or suppliers (“Third Party Licensors”). The Content provided by Klikit or Third Party Licensors contains trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are held by Klikit or Third Party Licensors, as the case may be, and all such proprietary material is protected by law, including, without limitation, Canadian, U.S. and international trademark and copyright laws and international treaty provisions.

The “look and feel” of the Website and the Klikit Services (including colour combinations, text, images, the names and logos, button shapes, layout, design compilation and presentation of information and all other graphical elements, other than those owned or licensed by Third Party Licensors) are also Klikit’s trademarks and/or copyrights, as the case may be.

The Content on all pages of the Website is provided solely so that you can interact with third party buyers, sellers, renters, property managers and services providers and may not be used by you, or any other person or entity, or for any other purpose. You do not receive any copyright in or to the Content itself. Neither your use of the Content nor the creation of products or materials using such Content creates joint authorship, joint ownership or “works made for hire” (as defined in U.S. copyright law) in or regarding such Content.

You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any Content, except as expressly permitted under these Terms of Use, without the prior written consent of Klikit, the relevant Third Party Licensor or other legal owner of such Content.

Your unauthorized use of Content accessed through the Website may constitute trademark or copyright infringement, misappropriation, conversion, unfair competition, or other potential causes of action, which could subject you to substantial civil penalties, damages or other relief. The deletion or alteration of any copyright, trademark or other proprietary notices used or displayed through the Website is strictly forbidden. All rights not expressly granted to you under these Terms of Use are reserved.

Trademarks

Klikit, the term Klikit and the Klikit logo and all related names, logos, product and service names, designs and slogans are trademarks of Klikit (the “Klikit Marks”). You must not use the Klikit Marks without prior written permission from Klikit. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Restrictions on User Material; Indemnification

In using any of the Klikit Services, you agree not to order for print, upload, download, post, e-mail or otherwise transmit or communicate any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this Website or otherwise (“User Material”) that constitutes:

• an unlawful purpose or that is obscene, offensive, cruel, pornographic, sexually suggestive, deceptive, profane, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, patently offensive, defamatory, libelous, vulgar, violent, discriminatory (for example, based on race, colour, religion, gender, sexual orientation, age, national origin, ancestry, or physical/mental ability), negatively pertaining to any particular individual or otherwise objectionable, or that advocates any of the aforementioned impermissible messaging; further, you understand and agree that any material that we deem in our sole discretion to fall into any of the above descriptions will be removed without notice;
• any material that depicts celebrities or celebrity likenesses; local, regional, national or international public figures or newsworthy, notorious or infamous images and individuals;
• any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes or may infringe or misappropriates or may misappropriate any copyright, trademark, publicity, privacy, patent or other intellectual property right or any moral right of any person or entity;
• any material which is likely to cause harm to the Website, any system that runs or is connected to the Website or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Website or any system that runs or is connected to the Website or which may cause any defect, error, malfunction or corruption to the Service; or
• any material that does not contain any form of valid information about yourself or actual real estate in which you have an interest.

You agree that you are solely responsible for confirming that any User Material may be legally possessed and used in the jurisdiction where you reside and that any individuals whose images you have included in the User Material have given their permission for such use and that all such User Material meets all of the requirements set forth in this Agreement. Your selection using the Website of a Klikit Service shall constitute your representation and warranty to us that the User Material meets the above requirements. We shall have the right, but not the obligation, to review the User Material you submit to determine its suitability for any of the Klikit Services and compliance with these Terms of Use. If the User Material does not comply, then we have the right to remove it without notice to you.

In addition, in the event you violate these restrictions on User Material and you publicize such violation, you acknowledge that Klikit and its affiliates and Third Party Licensors will suffer substantial damage to their respective reputations and goodwill and that you will be liable for any resulting damage, including consequential and indirect damages and that Klikit shall be entitled to injunctive relief. You further agree to indemnify, defend and hold Klikit, and its affiliates and Third Party Licensors and their respective officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives harmless from and against any and all claims, damages, losses, costs and expenses (including legal fees on a substantial indemnity basis) that arise directly or indirectly from: (a) your breach of any provision of the Website terms of use; (b) any and all materials you provide constituting infringing materials; or (c) any of your activities conducted in connection with any of the Klikit Services and/or the Website.

Accessing the Website and Account Security

We reserve the right to withdraw or modify the Website and any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you and other users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to information provided through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. Klikit cannot be responsible for any use of the Website by a person purporting to be you. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Terms of Sale

Except as expressly provided otherwise, all transactions are final.

No refunds are available on orders for Klikit Services.

Klikit cannot take responsibility for typing, information accuracy, image quality, or design errors on the material you submit or upload to the Website and has no obligation to inform you if it notices any such errors.

All money received by Klikit will be deemed to have been earned by Klikit upon receipt.

Disclaimer Of Warranty

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE ARE AT YOUR SOLE RISK.

Klikit may provide through the Website links or references to Internet sites maintained by third parties. Klikit does not operate or control, and has no right or ability to modify or edit, in any respect any information, products or services provided on these third party sites. Klikit assumes no responsibility for, and provides no warranty whatsoever with respect to, the content, privacy policies or practices of such third party sites.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE, KLIKIT PROVIDES THE WEBSITE, AND ANY CONTENT PUBLISHED THEREIN, ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KLIKIT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS AND OTHER PARTNERS DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NON-INFRINGEMENT, ACCURACY OF DATA OR CONTENT, DATA OR CONTENT SECURITY, AND ADEQUACY FOR ANY PARTICULAR USE, FUNCTIONALITY OR PRODUCTIVENESS, REGARDING THE WEBSITE, ITS CONTENT, OR ANY THIRD PARTY WEB SITES (AND THEIR RESPECTIVE CONTENT) LINKED TO THE WEBSITE. NOTHING IN THESE TERMS OF USE WILL IMPLY THAT ANY COMMUNICATIONS PROVIDED TO OR THROUGH THE WEBSITE OR THIRD PARTY WEB SITES (THROUGH LINKS PROVIDED THROUGH THE WEBSITE OR OTHERWISE), WILL BE ACCURATE OR SECURE, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED AT A CERTAIN TIME OR AT ALL. YOU HEREBY ASSUME THE ENTIRE RISK ASSOCIATED WITH USE OF THE WEBSITE, RESULTS OBTAINED, AND PERFORMANCE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, AND SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS OF USE.

KLIKIT DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROMOTED THROUGH THE WEBSITE BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY THIRD PARTY LICENSORS OR REGISTERED AND NON-REGISTERED USERS OF THE WEBSITE.

Limitation Of Liability

IN NO EVENT SHALL KLIKIT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS HAVE ANY LIABILITY TO YOU UNDER THESE TERMS OF USE FROM THE USE (OR ATTEMPTED USE) OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KLIKIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION OR DATA, CORRUPTION AND THE LIKE), ERRORS, MISTAKES OR INACCURACIES IN ANY CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, UNAUTHORIZED ACCESS TO THE WEBSITE OR TO PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED ON OUR SERVERS, ANY INTERRUPTION OR TERMINATION OF THE WEBSITE OR YOUR ACCESS TO THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEB SITE LINKED THROUGH THE WEBSITE, ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF KLIKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE MAXIMUM LIABILITY OF KLIKIT TO YOU IS LIMITED TO THE AMOUNT YOU HAVE PAID KLIKIT FOR THE SPECIFIC SERVICES IN RESPECT OF WHICH YOU HAVE A CLAIM AGAINST KLIKIT.

YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR VISITING AND USE OF THIS WEBSITE AND YOU ACKNOWLEDGE THAT KLIKIT SHALL NOT BE LIABLE FOR ANY CONTENT ACCESSED OR AVAILABLE THROUGH THE WEBSITE, OR COMMUNICATIONS TRANSMITTED, DISTRIBUTED, POSTED, OR OTHERWISE MADE AVAILABLE TO OR THROUGH THE WEBSITE, FOR ANY REASON WHATSOEVER.

IF YOU ARE DISSATISFIED WITH THE WEBSITE AND/OR ANY CONTENT PROVIDED THROUGH THE WEBSITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE AND CONTENT.

Termination

These Terms of Use are effective until terminated by Klikit, which Klikit may do at any time without notice for any reason. In the event of termination, you are no longer authorized to access the Website or use the Website. The applicable restrictions imposed on you with respect to material downloaded from the Website, indemnification obligations, and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive such termination.

Governing Law and Venue

These Terms of Use shall be governed by and construed in accordance with the laws in force in the Province of Ontario, Canada, without giving effect to any principles or conflicts of law. Any claim, cause of action or proceeding arising from these Terms of Use or the conduct of the parties hereunder shall be commenced and maintained solely in the courts of the City of Toronto in the Province of Ontario and the applicable appellate courts. You and the Company irrevocably attorn to the jurisdiction of such courts.

Waiver of Jury Trial

You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms of Use, the Privacy Policy or the Website.

Contact Information

Should you have any questions concerning these Terms of Use, or the Privacy Policy, you may contact Klikit at info@Klikit.com.

Notification of Copyright Infringement

If you believe in good faith that your copyright protected work has been reproduced on our Website without authorization in a way that constitutes copyright infringement, you may notify us of claimed infringement at admin@Klikit.com. Any personal information you provide in your notice will be used only for purposes related to your notice.

Miscellaneous

These Terms of Use (together with the Privacy Policy) and any updates, modifications or amendments to these Terms of Use or the Privacy Policy, as well as any other legal notices provided or displayed through the Website, shall constitute the entire agreement between Klikit and you regarding your use of the Website.

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Any failure by Klikit to exercise or enforce any legal right or remedy set forth in these Terms of Use, or otherwise under applicable law, shall not be deemed a waiver of Klikit’s rights or remedies, which shall remain available to Klikit.

The rights granted to you under these Terms of Use may not be assigned to any third party without the prior written consent of Klikit, in its sole discretion. These Terms of Use shall be binding upon you, your successors and approved assignees.

KLIKIT™ is a trademark of Klikit.