The following describes the terms on which iREx Corp. offers you access to our services:
Welcome to iREx Corp. 's Agent User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at iREx Corp. and our general principles of operation. If you have any questions that our Agent User Agreement Frequently Asked Questions or our Agent User Agreement Revision Frequently Asked Questions cannot answer, please contact sales@irex.ca.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and iREx Corp. This agreement was last revised on June 1, 2001.
Membership Eligibility:
Our services are available only to real estate brokers and agents licensed as such, in good standing, by a province in Canada, other than the Province of Quebec.
Fees and Services:
Our Fees and Credits Policy is incorporated by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the order form or by e-mail to you. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the announcements board or by e-mail to you. When you register for membership you have an opportunity to review and accept the fees that you will be charged for the services you request. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
The iREx Site is only a Venue:
Our site acts as the venue for brokers and agents to list properties for sale and offer their services to consumers, and for consumers to access general real estate information and specific information about agents and properties available for purchase. We are not involved in any actual dealings between brokers/agents and buyers and sellers.
As a result, we have no control over the quality or legality of the services offered by brokers or agents, or the truth or accuracy of the listings, or any other representation made by brokers or agents.
We do not control the information provided by other users, whether brokers, agents or consumers, which is made available through our system. You may find another user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe dealing when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Fraud, Misleading Advertising, Illegal Contests, or Intellectual Property Infringement:
Without limiting any other remedies, we may suspend or terminate your membership if you are found (by conviction, settlement, insurance or regulatory investigation or otherwise) to have engaged in fraudulent activity, misleading advertising, illegal contests, or infringement of third party intellectual property rights in connection with our site.
Your Information:
"Your Information" is defined as any information you provide to us or other users (whether other members or consumers)using our system or conveyed to other users through other means after you have been introduced to each other by our system. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
With respect to Your Information:
1. Your Information (or any items listed therein):
shall not be false, inaccurate or misleading;
shall not be fraudulent or involve the sale of counterfeit or stolen property;
shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination, illegal contests, or false advertising);
shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; shall not be obscene or contain child pornography or, otherwise adult in nature or harmful to minors; shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
shall not link directly or indirectly to or include descriptions of goods, properties or services that:
are prohibited under this Agreement; or
you do not have a right to link to or include; or
would cause us to violate our Prohibited, Questionable and Infringing Items list, as published from time to time.
2. Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your Information in accordance with our Privacy Policy.
Access and Interference:
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of our site or any transaction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of us or the appropriate third party.
Breach:
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you:
if you breach this Agreement or the documents it incorporates by reference;
if we are unable to verify or authenticate any information you provide to us; or
if we believe that your actions may cause legal liability for you, our users or us.
Privacy:
We are [TRUSTe] and [BBBOnline] certified. These organizations are dedicated to building trust in the Internet by having member organizations such as ours disclose information practices. Our policy on privacy is held to high standards by these independent third party organizations. Our current Privacy Policy is available http://www.irex.ca/privacy.html.
No Warranty:
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF AVAILABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SPECIFICALLY REQUIRED BY LAW.
Liability Limit:
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND C$150.
Indemnity:
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance:
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your listing, solicitation of offers to purchase, and sale of properties.
No Agency:
You and iREx Corp. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Notices:
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
iREx Corp.
PO Box 315
Vineland Ontario
L0R 2C0
(in the case of iREx Corp.) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration:
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the Arbitration Act of Ontario. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in St. Catharines, Ontario, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or iREx Corp. may seek any interim or preliminary relief from a court of competent jurisdiction in St. Catharines, Ontario necessary to protect the rights or property of you or IREx Corp. pending the completion of arbitration.
Additional Terms:
The following documents are incorporated by reference:
Our Privacy Policy is available at http://www.irex.ca/privacy.html. We may change our Privacy Policy from time to time and our changes are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on the announcements board or sending e-mail to users who request such notification. Our Site Posting Policy and Refunds Policy is available at http://www.irex.ca/posting.html. We may change the Site Posting Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the announcements board or by e-mail to you. Our Fees and Credits Policy is available at http://www.irex.ca/moneris2.html. We may change the Fees and Credits Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the announcements board or by e-mail to you.
General:
This Agreement shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Contracts in English:
It is the express wish of the parties that this document and any related documents be drawn up and executed in English. Les parties aux présentes ont expressément demandé que ce document et tous les documents s'y rattachant soient rédigés et signés en anglais.
Disclosures:
The services hereunder are offered by iREx Corp. Fees for our services are described on the order form.
Execution:
This Agreement is executed electronically, and your use of iREx services shall be deemed to be acceptance of the terms and conditions hereof as of the date of first use.
If you can't find an answer to your question here, e-mail us at sales(at)irex.ca.