Website Terms of Use

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Welcome to the www.fidati.ca/realestate/on website or the mobile application Exit Realty Matrix Brokerage Mobile (collectively the "Website"), which is operated by Exit Realty Matrix Brokerage ("ERM"), a brokerage who is a member of The Canadian Real Estate Association ("CREA"). Please Note: All cash back amounts shown on this website or mobile application are offered exclusively to Exit Realty Matrix Brokerage Brokerage - Buyers only. It is not our intention to solicit Buyers or Sellers currently under contract with other real estate brokerages. Exit Realty Matrix Brokerage BROKERAGE IS OFFERING THE CASH BACK AMOUNT SHOWN, NOT THE SELLER OF THE PROPERTY OR THE SELLERS LISTING AGENT. These website terms of use (the "Terms of Use") constitute a legal agreement between you and ERM concerning access to and use of the Website. PLEASE READ THE TERMS OF USE CAREFULLY before browsing the Website or using the services it describes (the "Services").

Whenever you browse the Website or use any of the Services, you agree to be bound by the Terms of Use. IF YOU DO NOT WANT TO ACCEPT THE TERMS OF USE, YOU SHOULD NOT USE THE WEBSITE OR THE SERVICES. ERM may amend the Terms of Use at any time, at its complete discretion. Your use of the Website and/or the Services, after an amendment has been posted, shall be deemed to signify your acceptance of the revised Terms of Use. We ask that you review this page regularly.

ERM reserves the right to cancel the Terms of Use and/or your right to browse and use any, or all of, the Website or Services, without notice, at its complete discretion.

Advisory: ERM is a brokerage that offers all the support you may want as an owner to successfully sell your home, including mere-posting services for an increased visibility.

Although ERM strives to use its best efforts to keep the Website secure and maintain its integrity, ERM MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE PROPERTIES APPEARING ON THE WEBSITE, THE VALIDITY OR ACCURACY OF THEIR DESCRIPTIONS, OR THE CAPACITY OF THE SELLERS TO SELL THEIR PROPERTIES OR OF THE BUYERS TO PURCHASE THEM. All information and data presented on or obtained from the Website should be independently verified by users.

From time to time, the Website may provide information on the various aspects of selling a property ("Information"). Such Information is provided solely for educational purposes and shall in no event be construed as legal advice, opinion, recommendation or action plan. The Website and its use are not intended as a substitute for and do not replace consultation with a qualified lawyer, where applicable.

ERM authorizes only those of its clients who have active files on the Website to use ERM signs. Should you fail to observe this policy, ERM reserves the right to seize the signs in question.

Copyright All material, articles, text, illustrations, graphics, images, photographs, information, audio or video clips, data, databases, maps, files, software and codes available on the Website (the "Content"), including the manner in which the Content is presented, are protected by Canadian and foreign law, including copyright law, and belong to ERM, its affiliates, licensors and/or the party acknowledged as the Content supplier.

You shall not: (i) copy, reproduce, modify, adapt, translate, download, distribute or transmit all or any part of the Content; (ii) perform "data scraping", "database scraping" or any other activity intended to collect, store, reorganize or manipulate data from the Website or any part of the Content in any form and by any means; (iii) sell, lease, license or otherwise use the Content for commercial, public or non-personal purposes; (iv) modify, remove or cover any trade-mark or proprietary notice included in the Content; (v) decompile, disassemble, decrypt, extract or reverse engineer the Website and its components, including, in particular, the Content, or help anyone do so; or (vi) use the Website in any way that could damage, impair, overburden, disable, or otherwise affect the Website or any services, accounts, servers, networks, resources, linked or accessible through the Website.

Trade-marks: Other names, words, title, phrases, logos, drawings, graphics, icons and trademarks posted on the Website may constitute trademarks of ERM or of a third party. Nothing on the Website shall be construed as granting you any licence or right of use of any logo, drawing or trademark of ERM or a third party.

REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to CREA. These certification marks identify real estate professionals who are members of CREA and who must abide by 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.

Submissions Via the Website, you can post and submit messages, data, text, photographs, images, videos and other material ("Your Content") and interact with ERM, its employees, agents, mandataries and other users.

You are fully responsible for the quality and accuracy of Your Content. You agree that Your Content must not violate or infringe upon the rights of others, including privacy, confidentiality, personally identifiable information and intellectual property rights, contravene any law, regulation or government order, infringe any applicable third party terms of use, including any terms of use related to the use of a mobile application or related to a service for which the terms of use are accessible on the Website, or constitute false, misleading, or otherwise illegal information. You agree not to use the Website to harass or abuse, send spam or any unwanted communications, including for commercial purposes, or send unlawful, libelous, obscene, offensive, threatening, aggressive, abusive, discriminatory or otherwise objectionable messages.

Whenever you post Your Content on the Website or submit Your Content to ERM, you grant ERM an unlimited, irrevocable, non-exclusive, perpetual and royalty-free worldwide licence to: (i) use, copy, store, adapt, translate, modify, create derivative works, transmit, distribute and publicly perform Your Content or make it publicly available for any purpose; and (ii) grant sub licences to third parties for unlimited rights to exercise any of the foregoing rights. Other than granting the aforementioned licence, you hereby (i) agree to waive all of the moral rights to Your Content in favour of ERM; (ii) consent to the appearance of your name, address and e-mail address for Your Content, if any, and to the disclosure and/or posting of such information, as well as any other personal or confidential information about you or a third party, which information may be found in Your Content; (iii) acknowledge and agree that ERM shall not be liable for any loss, damage to or corruption of Your Content; and (iv) acknowledge and agree that the presentations you upload for posting on the Website or that you submit to ERM shall not be deemed confidential.

ERM reserves the right, without any obligation, to monitor the Website, Your Content or any of the content accessible via the Website, in its sole discretion, and to disclose any information necessary in order to comply with any law, regulation or government request, in the interest of operating the Website properly or protecting itself or its users. ERM may remove Your Content and/or terminate, limit or suspend your access to the Website for any reason.

Links to Third-Party Sites The Website contains links to third-party sites (the "Third-Party Sites") which will direct you away from the Website. ERM provides these links for your convenience. The Third-Party Sites are not under ERM's control and the links shall not be construed as approval or an endorsement of their content by ERM. ERM shall not be liable for the content of Third-Party Sites, the links they contain, or any changes or updates made to them, and ERM makes no warranty in that respect.

Links to Website ERM encourages links to the Website. However, ERM reserves the right, in its sole discretion, to refuse a link at any time. You agree to remove any link you may have to the Website at ERM's request. The link must allow for a new full-screen browser window, only occupied by the Website's pages. It is strictly prohibited to frame or display the Content in any way that alters its appearance.

Privacy You acknowledge that your personal information may be used by the Website in accordance with the privacy policy available at: Privacy

Disclaimer of Liability

THE WEBSITE, SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". YOU BROWSE AND USE THE WEBSITE AND ITS FUNCTIONALITIES AT YOUR OWN RISK. ERM MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEBSITE, THE SERVICES OR THE CONTENT. ERM ASSUMES NO RESPONSIBILITY FOR ANY MISLEADING CONTENT OR INCORRECTLY LISTED INFORMATION.

THE INFORMATION CONTAINED ON THIS WEBSITE IS BASED IN PART ON INFORMATION THAT IS PROVIDED BY MEMBERS OF CREA, WHO ARE RESPONSIBLE FOR ITS ACCURACY. CREA REPRODUCES AND DISTRIBUTES THIS INFORMATION AS A SERVICE FOR ITS MEMBERS, AND ASSUMES NO RESPONSIBILITY FOR ITS COMPLETENESS OR ACCURACY.

ERM ASSUMES NO LIABILITY FOR THE FAILURE TO SELL OR COMPLETE THE SALE OF YOUR PROPERTY THROUGH THE WEBSITE.

ERM ASSUME NO LIABILITY IN CASE OF FORCE MAJEURE CAUSING THE PARTIAL OR COMPLETE INTERRUPTSION OF THE SERVICES, TEMPORARILY OR PERMANENTLY. FOR ILLUSTRATIVE PURPOSES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMFREE AND CCN ASSUME NO LIABILITY FOR THE INTERRUPTION OF THE SERVICES CAUSED BY A THIRD PARTY, INCLUDING THE TERMINATION OF ANY THIRD PARTY'S ACTIVITIES WHICH ARE ESSENTIAL TO PROVIDE THE SERVICES.

ERM, THEIR AFFILIATES, DIRECTORS, EMPLOYEES, MANDATARIES, AGENTS, AND LICENSORS, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR DAMAGE OF ANY KIND, INCLUDING INDIRECT, SPECIAL OR FORTUITOUS DAMAGE, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OR PERFORMANCE OF THE WEBSITE, THE SERVICES OR THE CONTENT CONTAINED THEREON OR ON ANY OTHER SITE YOU MAY LINK TO THROUGH THE WEBSITE, EVEN IF THEY WERE OR SHOULD HAVE BEEN AWARE

ERM, THEIR AFFILIATES, DIRECTORS, EMPLOYEES, MANDATARIES, AGENTS AND LICENSORS, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM ANY LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USING THE WEBSITE AND ITS FUNCTIONALITIES OR THAT OF ANY ADVERTISER OR SPONSOR ON THE WEBSITE ("THIRD-PARTY USERS") AND SHALL IN NO EVENT BE LIABLE FOR ANY HARM, LOSS OR DAMAGES (INCLUDING SPECIAL, INDIRECT OR INCIDENTAL DAMAGES) OR COSTS ARISING IN ANY MANNER FROM (1) THE ACTS, OMISSIONS OR CONDUCT OF A THIRD-PARTY USER; OR (2) THE USE OF OR INABILITY TO USE ANYTHING OR ANY SOFTWARE, CONTENT, GOODS OR SERVICES ON OR OFFERED THROUGH A SITE LINKED TO THE WEBSITE.

Indemnification: You agree to indemnify, hold harmless and defend ERM, their affiliates, their directors, employees, mandataries, agents, and licensors, including their respective successors and assigns, from and against all claims, demands, liability, costs or expenses of any nature, including legal fees and disbursements arising directly or indirectly from: (1) your violation of the Terms of Use; (2) your browsing, use or inability to browse or use the Website and/or the Services or any site to which the Website is or may be linked from time to time; (3) your use of publications, communications, distributions or downloads of any nature via the Website and/or the Services, or your reliance thereon; and/or (4) your violation of the applicable legislation or regulations. You agree to cooperate with us in contesting any claims.

Governing Law: These Terms of Use, as well as your use of the Website and Services, shall be governed by the laws of the Province of Ontario and the laws of Canada, regardless of conflict of law principles. You hereby acknowledge that any litigation arising from or related to your use of the Website or Services or these Terms of Use shall be subject to the jurisdiction of the courts in the Province of Ontario.

Mesage to seller

Exit Realty Matrix Brokerage Privacy Policy

Exit Realty Matrix Brokerage, Brokerage (ERM) has created this privacy policy in order to demonstrate our firm commitment to privacy. ERM takes the privacy and security of your personal information seriously. We will not rent, sell or share your information with a third party without your consent.

The following discloses the information gathering and dissemination practices for the ERM site.

By using the ERM site and accepting the User Agreement you also agree to this Privacy Policy. If you do not agree to this Privacy Policy, you must not use the ERM site.

1. What information do we collect?

i. ERM collects your information when you register on the ERM site and when you visit ERM pages.

ii. Personal Information: We may collect the following types of personal information in order to provide you with the use and access to the ERM site, services and tools, and for any additional purposes set out in this Privacy Policy:

♦ Name, and contact information, such as email address, phone number, mobile telephone number, physical address, and (depending on the service used) sometimes financial information, such as bank account numbers;

♦ transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account), billing and other information you provide to purchase an item;

♦ personal information you provide to us through correspondence, chats, dispute resolution, or shared by you from other social applications, services or websites;

♦ additional personal information we ask you to submit to authenticate yourself if we believe you are violating site policies (for example, we may ask you to send us an ID to answer additional questions online to help verify your identity);

♦ information from your interaction with our sites, services, content and advertising, including, but not limited to, device ID, device type, location, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information.

iii. Aggregate Information: ERM collects non-identifying, general, generic and aggregate information to better design our Web site and services.

iv. Non-Personal Information: ERM may collect non-personal information as you use ERM. When you use the site, ERM, third-party service providers (e.g. Google Analytics), and partners may receive and record non-personal information from cookies, server logs, and similar technology from your browser or mobile device, including your IP address.

v. We may combine some Non-Personal Information with the Personal Information we collect. Where we do so, we will treat the combined information as Personal Information if the resulting combination may be used to readily identify or locate you in the same manner as Personal Information alone.

2. How do we store your information?

We use hosting provider GoDaddy, therefore your information may be transferred to and stored on servers in various locations both in and outside of Canada. ERM maintains control of your information. We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access authorisation controls.

3. How do we use your Information?

i. When you use the ERM site, we may request certain information. ERM does not share any of your personally identifiable or transactional information with any person or entity, other than as set out in this policy. No other third party receives your personally identifiable information or other transactional data except for approximate location / geo-location information when you use the profile service and those with whom you have transactions and share that information. The information we collect is used to improve the content of our web site, used to notify consumers about updates to our web site and for communications, such as customer service.

ii. Email Communications: We may send you a welcome email to verify your account and other transactional emails for operational purposes, such as billing, account management, or system maintenance. You may only stop those emails by terminating your account. We may also send you promotions, product announcements, surveys, newsletters, developer updates, product evaluations, and event information or other marketing or commercial e-mails. You can opt out of receiving these email communications from ERM at any time by unsubscribing using the unsubscribe link within each email, updating your e-mail preferences on your ERM account or emailing us to have your contact information removed from our email list or registration database.

iii. SMS communications: We may send you SMS messages to your secure phone number for operational purposes, such as notifying you about the status of your project. You can opt out of receiving these SMS messages from ERM at any time by updating your notifications preferences on your ERM account or by replying 'STOP' to any message we send.

iv. Marketing: You agree that we may use your personal information to tell you about our services and tools, deliver targeted marketing and promotional offers based on your communication preferences, and customise measure and improve our advertising. You can unsubscribe from emails at any time by clicking the unsubscribe link contained in the email.

v. We do not rent, sell, or share Personal Information about you with other people or non- affiliated companies for marketing purposes (including direct marketing purposes) without your permission. We may use and share Non-Personal Information for our marketing purposes, including, without limitation, marketing on other websites. For example, we may use the information to control the number of times you have seen an ad, deliver ads tailored to your interests, and measure the effectiveness of ad campaigns. You can prevent us from tailoring our ads to you on other websites by deleting your cookies (see below).

4. Sharing your Information

i. We disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations. As stated above, we do not disclose your personal information to third parties for their marketing purposes without your explicit consent.

ii. We may disclose personal information to our related bodies corporate and third party suppliers and service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

iii. We may disclose your personal information upon a business transition; At the sale or transfer of ERM and/or all or part of its assets, your personal information may be among the items sold or transferred.

iv. We may share aggregate data with advertisers and other third parties. ERM uses industry-standard encryption technologies when transferring and receiving consumer and transaction data exchanged with our site.

5. Cookies

i. Cookies are pieces of data assigned by a web server that uniquely identify the browser on your PC. ERM uses cookies to enable the site to remember you on subsequent visits, speeding up or enhancing your experience of services or functions offered. Cookies also enable our systems to gather information about your navigational patterns through the site. You have the option to disable cookies at any time through your browsers. We may also store your website activity in cookies which may be used by third party vendors, including Google, to serve ads based on your behaviour on our website.

ii. The third party vendors (e.g. Google Analytics) may receive and record non-personal information from cookies, server logs, and similar technology from your browser or mobile device, including your IP address. You may opt out of Google's use of cookies by visiting the Google advertising opt-out page

iii. If you access our Services with your login credentials from a social networking site (e.g., Facebook or Twitter) or if you otherwise agree to associate your ERM account with a social networking account, we may receive personal information about you from such social networking site, in accordance with the terms of use and privacy policy of the social networking site. For example, Facebook may share with us your friend list, birthday, information about the interests of you or your friends or other personal information, in order to help us establish your account, tailor services to you and find other current or potential site users that you know. We may add this information to the information we have already collected from you via other aspects of the Site. You are also subject to the social networking site's terms of use and privacy policy. We use the OAuth (open authorisation) protocol to enable us to access this information without collecting your password when you agree allow another application to access your account information.

6. Accessing and updating your Information

You can update your information through your account profile settings. If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it.

Additionally, You may request access to any personal information we hold about you at any time by contacting us at don@hewie.com. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your personal information.

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

Changes to our privacy policy

We may change this privacy policy from time to time. Any updated versions of this privacy policy will be posted on our website. Please review it regularly.

This privacy policy was last updated on July 22, 2018.