Terms of Use
  1. 1. Agreement Between You and homecontender.com.
  2. Thank you for using our services available at www.homecontender.com (the "Website"). The following terms and conditions (the "Terms of Use") apply to your use of the Website. By using the Website, you explicitly accept these Terms of Use. We strongly recommend that, as you read these Terms of Use, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you. Underlined words and phrases are links to these pages and websites. In some cases, we and a user may enter into a separate written agreement or contract providing other terms and conditions of our agreement and incorporating these Terms of Use by reference. The term "Agreement" shall mean the agreement formed between you and us pursuant to these Terms of Use, the Privacy Policy, any other terms and conditions posted on this Website, and any other written agreement between you and us, as the same may be modified from time to time.
  3. 2. Website Information and Remedies.
  4. homecontender.com is a technology platform owned and operated by Yellow Fox Studios Inc. The advertisements and related services posted on homecontender.com are procured and provided by Yellow Fox Studios Inc. and/or its subsidiaries and affiliates. In the case of any violation of our Agreement, Yellow Fox Studios Inc. and its subsidiaries (collectively, "homecontender.com" or "we," "our" or "us") reserve the right to seek all remedies available by law and in equity for such violations, including termination of your use of this Website.
  5. 3. Fees and Services.
  6. Prospective and actual real estate agents ("Agents") may search the Website for available homes ("Properties") at no charge. There is a charge to Agents to bid for Properties on the Website. Agents should review our Prices page on the Website to see when and under what conditions a charge is imposed. If you are a homeowner, by submitting your Property's information, you consent to the placement of information about the Property on the Website, subject to our Privacy Policy and our Agreement. homecontender.com reserves the right to reject, suspend, and/or terminate, any Property advertisement submitted by homeowner at any time and for any reason, including but not limited to, (a) a determination that the Property advertisement violates this Agreement or any of our policies.
  7. 4. Content Requirements.
  8. To assure the value of homecontender.com services, you agree that all of the information you have provided to homecontender.com, whether online or otherwise, is accurate and complete. Homeowners shall be responsible for preparing and submitting the Property advertisements, and shall be solely liable for assuring that such advertisements are accurate, and comply with all applicable laws. In addition, Homeowners shall not use objectionable, offensive or discriminatory language in their Property advertisements.
  9. 5. Your License to Us.
  10. When you give us or otherwise authorize us to use content, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity and database rights related to the content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.
  11. 6. Our License to You.
  12. homecontender.com hereby authorizes you to view, copy, download and print the information and data ("Materials") available on this Website, provided that: (1) if you are an Agent, the Materials are used solely for personal, noncommercial purposes and if you are a Homeowner, the Materials are used only for the purposes of using the services expressly offered by homecontender.com; (2) the Materials are not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of homecontender.com.
  13. 7. No Unauthorized Duplication.
  14. Except as otherwise stated herein, none of the content on the Website may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of homecontender.com.
  15. 8. Trademarks.
  16. The term "homecontender.com" and any other trademarks, trade names, logos and service marks, including homecontender.com (collectively, the "Marks") displayed on this Website are the property of homecontender.com or other third parties. You are not permitted to copy or otherwise use these Marks without the prior written consent of homecontender.com or such other owner.
  17. 9. Access and Interference.
  18. This Website may contain robot exclusion headers. Much of the information on the Website is proprietary or is licensed to homecontender.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Website without the prior expressed written permission of homecontender.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
  19. 10. Cookies.
  20. A "cookie" is a small piece of information sent by a Web server to store in a Web browser so that it can later be read back from that browser. We may use cookies to store some personal preferences for your future visits. Cookies allow us to recognize you more quickly; therefore, your time spent on our site can be more personalized and productive. You'll find that cookies are an industry standard and are used at most major Websites in much the same way we use them. homecontender.com or our service providers may place cookies or web beacons on your computer when you visit portions of our website. We may use permanent cookies to provide personalized features. We use session cookies, which are deleted when you log out of the Website or browse to a different website, to monitor and improve the functionality and usability of our website. You can block our cookies by changing the settings on your browser (contact your ISP for help), but doing so may prevent us from delivering certain services to you. We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and web beacons to measure advertising effectiveness.
  21. 11. No Unlawful or Prohibited Use.
  22. As a condition of your use of this Website, you will comply with all applicable laws, statutes, legislation and regulations regarding your use of our service and any related activities, including the real estate laws and regulations that are applicable in your province. In addition, you warrant that you will not use this Website in any way prohibited by these terms, conditions and notices. In addition, you will not:
    + use the Website if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Website;
    + use the Website to advertise the Property owned by another person unless you are the duly authorized property manager, representative, or agent of the Property owner, and can bind such Property owner, and your representation of such person complies with all applicable laws;
    + circumvent or manipulate our fee structure, the billing process, or fees owed to homecontender.com;
    + distribute or post spam, chain letters, or pyramid schemes;
    + distribute viruses or any other technologies that may harm homecontender.com or the interests or property of homecontender.com users;
    + copy, modify, republish or distribute content from the Website or homecontender.com's copyrights and trademarks;
    + impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
    + provide inaccurate contact information or other information relative to your move or property;
    + harvest or otherwise collect information about users, including email addresses, without their consent;
    + offer homecontender.com renters concessions less favorable than those offered to non-homecontender.com renters;
    + transmit to homecontender.com or any user any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive; or (iii) 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.
  23. 12. Reporting Intellectual Property Infringement.
  24. homecontender.com respects the intellectual property of others. If you believe that your rights have been infringed by content appearing on our Website, please notify us on the Contact Us page. We reserve the right to remove content or an entire property advertisement for any reason.
  25. 13. Links to Third-Party Websites.
  26. The Website may contain links to websites operated by parties other than homecontender.com. Such hyperlinks are provided for reference only. homecontender.com does not control such websites and is not responsible for their contents. homecontender.com's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to this website, you do so at your own risk.
  27. 14. General Disclaimer.
  28. Although homecontender.com has attempted to provide accurate information on the Website, homecontender.com assumes no responsibility for the accuracy of the information. homecontender.com makes no representations about the suitability of the data or graphics published on this site. The listing information is deemed reliable, but not guaranteed. Everything on this site is provided "as is" without warranty of any kind including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Neither homecontender.com nor any of its suppliers shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of this Website.
  29. 15. Limitation on Liability.
  30. Neither homecontender.com, its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Website or any homecontender.com advertisement, or damages from the use of or reliance on the information present on this Website, even if homecontender.com has been advised of the possibility of such damages.
  31. 16. Modification of the Website.
  32. homecontender.com (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website. homecontender.com may discontinue or revise any or all aspects of the Website in its sole discretion and without prior notice. Without limiting the foregoing, homecontender.com reserves the right to change the terms, conditions, and notices under which this Website is offered at any time. Unless otherwise provided in our agreement, all amended terms automatically take effect upon acceptance for new users, or 30 days after they are posted on the website for all other users. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
  33. 17. Privacy.
  34. We view the protection of users' privacy as a very important principle and will only use your information as described in the Privacy Policy. We do not sell your personal information to third parties for their marketing purposes without your explicit consent, and we use your information only as described in the Privacy Policy. We store and process your information on computers in Canada or any other country in which we or our affiliates, subsidiaries or agents maintain facilities, and by using our Website, you acknowledge and agree that you may be transferring your personal data outside of the country in which you have contributed it, and that you consent to any such transfer of information outside of your country. These countries may not have similar data protection laws to those that apply in your country. However, if we transfer your personal data outside of your country in this way, we will take steps to ensure that your privacy rights continue to be protected in compliance with applicable data protection law and this Privacy Policy. If you object to your information being transferred or used in this way, please do not use our services.
  35. 18. Release.
  36. Because homecontender.com is an advertising venue, in the event that you have a dispute with one or more users, you release homecontender.com, its parent and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
  37. 19. Nature of homecontender.com Services.
  38. homecontender.com operates a platform for Homeowners desiring to advertise residential properties, and the advertisements on the Website are based on information provided by the Homeowners. Accordingly, homecontender.com is not responsible in any way for the content in any such advertisements, nor is homecontender.com responsible for any actual contract transaction between a potential Homeowner and an Agent. Users should exercise good judgment in executing contract transactions so as to protect themselves against fraudulent activities. homecontender.com does not render legal, brokerage, or other professional advice to either its Agents or Homeowners.
  39. 20. Services Not Provided.
  40. Without limiting the generality of the foregoing, you acknowledge and agree as follows:
    + homecontender.com does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on homecontender.com an obligation to perform any services other than those expressly undertaken by homecontender.com;
    + homecontender.com does not render legal, brokerage, or other professional advice;
    + homecontender.com is not undertaking any, and has no, duties to either Renters or Lessors, including, without limitation, the obligation to inspect rental properties, to verify the authenticity of information contained in an advertisement, or to interview or otherwise screen Renters;
    + homecontender.com is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Website;
    + homecontender.com does not guarantee the accuracy of any information available on this Website, and is not responsible for any errors, omissions, or misrepresentations, whether made by Lessors, Renters or otherwise and all information obtained on this Website must be verified independently;
    + homecontender.com may make changes to its products and/or services and this Website at any time and without notifying you or receiving your consent; and
    + While homecontender.com complies with applicable provincial and federal laws, homecontender.com cannot guarantee that its users so comply. Accordingly, homecontender.com assumes no liability for Renters' and/or Lessors' failures to comply with such laws.
  41. 21. Indemnity.
  42. You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under this Agreement.
  43. 22. Default and Remedies.
  44. Without limiting any other provision in this Agreement, in the event you default under this Agreement, including without limitation, by failing to pay us the specified advertising fees when due (if you are a Lessor), we will have the right to exercise any or all of the following remedies: (1) we can suspend any or all of your advertisements from the homecontender.com Website; (2) we can terminate this Agreement; (3) we can ban your future use of the homecontender.com Website; (4) we can impose interest on your past due amounts equal to the lower of 1.5% per month or the highest rate permitted by law; (5) we can impose an administrative service fee equal to five percent (5%) of all amounts past due; (6) we can reserve the right to condition your continued use of the Website on requirements such as a fee increase, submission of a security deposit; and/or fee prepayment; and (7) we can exercise any and all rights and remedies available to us at law and in equity.
  45. 23. Resolution of Disputes.
  46. IIf a dispute arises between you and homecontender.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and homecontender.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") by way of a Dispute Resolution Service. Before resorting to this alternative, we strongly encourage you to first Contact Us directly to seek a resolution by contacting us. We will consider reasonable requests to resolve the dispute before proceeding with alternative dispute resolution procedures.
  47. 24. Notices.
  48. Except as explicitly stated otherwise, legal notices shall be served to homecontender.com's mailing address (refer to Contact Us page or to the email address you provide to homecontender.com during the registration process (in your case). Notice shall be deemed given 48 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, if you are a Lessor, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three business days after the date of mailing.
  49. 25. General.
  50. By using this Website and agreeing to the Terms of Use, you are also agreeing to abide by our Privacy Policy and all other agreements and policies posted on this Website. Yellow Fox Studios Inc.’s mailing address can be found on the Contact Us page. In our sole discretion, we may assign the Agreement. Headings are for reference purposes only and do not limit 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. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. homecontender.com may rely on your electronic signature to create a binding valid agreement. From time to time homecontender.com may send facsimiles or emails regarding its products and services, or shall call customers regarding homecontender.com's products and services, and you hereby expressly consent to receiving such emails, facsimiles and telephone calls. See Privacy Policy for more information. The following Sections and policies survive any termination of the Agreement: Fees and Services (with regard to any fees you owe us), Release, Content License, Limitation on Liability, Indemnity and Resolution of Disputes, Default and Remedies.