These Terms do not apply to your use of the websites of our independent TEAM RAMAN franchisees, brokerages, and independent real estate sales agents (collectively, the “TEAM RAMAN Parties“). You acknowledge and agree that the TEAM RAMAN Parties operate independently of TEAM RAMAN. Please see our Privacy Notice for further details regarding how we disclose your personal information to TEAM RAMAN Parties.
As a condition of your right to use our Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Services or accessing the content available on the Services under any applicable laws. If you are under the age of majority in your province of residence of either 18 or 19, depending on the province (a “minor“), you may use our Services only with parental supervision. If you, as a parent, allow a minor that you are responsible for to use the Services, you recognize that you are fully responsible for confirming assent to these Terms and our Privacy Notice, controlling the minor’s access to and use of the Services, and the online conduct of the minor.
Our Services allow you to save searches for real estate, save properties, sign up for alerts, access real estate resources, as well as perform other functions we may add from time to time.
You may choose to create an account on our Services, and in some cases, you may need to create an account to access certain resources you may wish to use. When you create an account, you will be asked to provide certain registration details or other information, as more particularly described in our Privacy Notice. It is a condition of your use of the Services that all of the information you provide on the Services is correct, current, and complete.
You acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your account, username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username 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 others cannot view or record your password or other personal information. For clarity, you are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.
If you create an account on our Services, you may be referred to one or more TEAM RAMAN Parties in your local area and/or your area(s) of interest. If you request to be contacted by a TEAM RAMAN Party (including an independent real estate sales agent or brokerage office) or otherwise request information or services that require the involvement of a TEAM RAMAN Party, we will disclose the personal information you provide to the appropriate TEAM RAMAN Party to satisfy your request. Our personal information disclosure practices are further described in our Privacy Notice.
You are solely responsible, at your own expense, for obtaining and maintaining all Internet access, computer hardware, and other equipment and services needed to access and use the Services. If you access the Services through a mobile device, you are solely responsible for all related costs and charges associated with such access.
We may revise, supplement or delete information, content, services, and resources contained on and available through the Services and reserve the right to make such changes without prior notification to you. We will not be liable if we choose to exercise these rights. You acknowledge and agree that we do not guarantee continuous, uninterrupted availability of the Services, secure access to our Services, or that operation of our Services will be uninterrupted or error-free.
Due to the inherent technical limitations of the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information, content, and other materials contained on the Services. Due to the ability of third parties to share certain information, content, and materials, computer viruses or other destructive programs may also be downloaded inadvertently from the Services or transmitted inadvertently through the Services. We recommend that you install appropriate anti-virus or other protective software. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. You acknowledge and agree that we are not responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise affect the use of your computer equipment or other property on account of your access to or use of the Services or your downloading or otherwise acquiring any content, data or information on or through the Services.
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and the features available on the Services in accordance with these Terms. We may revoke the license granted to you at any time, at our sole discretion.
You acknowledge and agree that the Services, including any and all intellectual property rights in or related to them, are, will be, and will remain the sole and exclusive property of TEAM RAMAN, our affiliates, our licensors, and their respective successors and assigns. Neither these Terms nor your use of the Services conveys or will convey to you any right, title, or interest in or in relation to the Services. All rights in and to the Services, and the intellectual property in and related to them, are expressly reserved by their owner(s), except for the limited license that is granted to you expressly in these Terms.
You acknowledge and agree that except for public domain material and your personal information, all content, software, code, works, information, documents, and materials on or that form part of the Services from time to time (the “Content“) are protected by copyright and other laws and are, will be, and will remain the sole and exclusive property of TEAM RAMAN, its affiliates, its licensors, and their respective successors and assigns. All rights in and to the Content are reserved by its owner(s). Other than to the extent expressly authorized in these Terms, you may not directly or indirectly host, store, use, run, reproduce, copy, distribute, display, present, publish, transmit, broadcast, communicate to the public by telecommunication, make available, sublicense, sell, reverse-engineer, decompile, disassemble, merge or combine with other data, works or materials, translate, modify, sell, resell, lend, loan, license, sublicense, transfer, commercialize or otherwise exploit the Content, in whole or in part, or authorize any third party to do so, without the express prior written consent of its owner(s).
You acknowledge and agree that any and all trademarks, company names, trade names, logos, product names, services names, services marks, certification marks, or other indicia of source that are used by TEAM RAMAN, its affiliates, or licensors on or in connection with the Services, and all goodwill associated therewith (collectively, the “Trademarks“) are and will remain the sole and exclusive property of TEAM RAMAN, its affiliates, its licensors, and their respective successors and assigns. All rights in and to the Trademarks are expressly reserved by their owner(s). Nothing in these Terms gives you any right or license to use any Trademark without the express written consent of its owner.
The trademarks MLS®, Multiple Listing Service®, and the associated logos are owned by The Canadian Real Estate Association (CREA) and identify the quality of services provided by real estate professionals who are members of CREA. The trademarks REALTOR®, REALTORS®, and the REALTOR® logo are controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. The listing content is owned and licensed by The Canadian Real Estate Association and its member Real Estate Boards and Associations.
You acknowledge and agree that any and all data, performance metrics, analytics, reports, know-how, or other information related to the functionality or performance of the Services (collectively, “Data“), regardless of how, when, or by whom they are created, are, will be, and will remain the sole and exclusive property of TEAM RAMAN, its affiliates, its licensors, and their respective successors and assigns. You further acknowledge and agree that the Data is an original compilation protected by copyright law, TEAM RAMAN has dedicated substantial resources to collect, manage and compile the Data, and the Data constitutes trade secrets of TEAM RAMAN. All rights in and to the Data, and the intellectual property in and related to the Data, are expressly reserved by their owner(s).
You acknowledge and agree that to the extent that you change, edit, adapt, update, modify, improve, create derivative works based on, combine, use, reproduce or otherwise exploit any Content, Trademarks, or Data, all works, materials, media and other results and proceeds authored, created, developed or otherwise production as a result of or in connection with such activities (collectively, “Adaptations“) shall be the sole and exclusive property of TEAM RAMAN, its affiliates, its licensors, and their respective successors and assigns. To the extent that all right, title and interest in and to any Adaptations do not by operation of law vest in TEAM RAMAN, you hereby absolutely, irrevocably and unconditionally assign, transfer and convey, and agree to assign, transfer and convey your entire right, title and interest in and to the Adaptations to TEAM RAMAN or its respective designees, as we direct. You hereby waive absolutely, irrevocably, and unconditionally, in favor of TEAM RAMAN, its designees, affiliates, and its respective licensees, any and all moral rights and other similar rights that you or your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the Adaptations, including any right to the integrity of the Adaptations, to be associated with it by name or pseudonym, and to control or restrain its use in association with any product, service, cause, or institution.
Any content, information, works, or materials uploaded, posted, submitted, or otherwise made available by third parties or users of the Services and which does not originate with the TEAM RAMAN or its service providers or licensors (“Third Party Content“) is the sole responsibility of the person who made such Third-Party Content available on or through the Services. Under no circumstances will TEAM RAMAN be liable in any way for any Third-Party Content made available through the Services by you or any third party or user of the Services.
By creating, submitting, uploading, publishing or otherwise making available any Third-Party Content on or through the Services, you, a user of the Services, hereby grant TEAM RAMAN and its affiliates a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub licensable right and license to host, store, use, run, reproduce, copy, distribute, display, present, publish, communicate to the public, communicate by telecommunication, publicly perform, transmit, broadcast, make available, and otherwise exploit in any way the Third-Party Content and Derivatives (as defined below), including all copyrights and other intellectual property rights therein and thereto, in whole or in part, in any format or media now known or later devised, for or in connection with the Services, and the business, commercial, and promotional purposes of TEAM RAMAN, its affiliates and its users, including providing the Services to the users of the Services in accordance with these Terms and authorizing the use of the Third-Party Content and Derivatives by those users in any way permitted by TEAM RAMAN and its affiliates from time to time (the “Third-Party Content License“). For clarity, and without limiting the foregoing, you agree that Third-Party Content License includes the rights to (a) modify, edit, and translate the Third-Party Content, combine and juxtapose the Third-Party Content with other content or materials, including the Third-Party Content in collective works, and create and exploit derivative works based on or including the Third-Party Content in whole or in part (collectively, “Derivatives“); and (b) use the Third-Party Content and Derivatives in association with any product, service, cause, or institution.
You hereby waive absolutely, irrevocably, and unconditionally, in favor of TEAM RAMAN, its affiliates and their respective licensees, any and all moral rights and other similar rights that you or your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the Third Party Content, including any right to the integrity of the Third Party Content, to be associated with it by name or pseudonym, and to control or restrain its use in association with any product, service, cause, or institution.
We welcome any feedback, comments, and suggestions you may have to improve the Services (“Feedback“), either through the Services or by contacting us directly at teamraman.ca@gmail.com. You hereby grant TEAM RAMAN, its affiliates, and their designees a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to host, store, use, run, reproduce, copy, distribute, display, present, publish, transmit, broadcast, make available, and otherwise exploit any Feedback you submit, for any purpose, without further obligation to you. No Feedback will be subject to any obligations of confidentiality and TEAM RAMAN will not be liable for any future use or disclosure of such Feedback.
We do not guarantee the quality, accuracy, appropriateness, or fitness for any purpose of any Third-Party Content. You acknowledge that the Services act primarily as a conduit for facilitating user engagement with TEAM RAMAN Parties through the publication, dissemination, and making available of certain Third-Party Content and that all Third-Party Content posted on, transmitted through, or linked through the Services is the sole responsibility of the third party or user from whom the Third-Party Content originated. You therefore acknowledge and agree that:
We do not control and are not responsible for, Third-Party Content made available through the Services;
We do not endorse any Third-Party Content made available through the Services;
We reserve the right to review and delete any Third-Party Content at any time, in our sole discretion, for any reason, including that, in our sole judgment, such Third-Party Content violates these Terms;
We have no obligation to screen, preview, censor, or alter any Third-Party Content;
by using the Services, you may be exposed to Third-Party Content that is inaccurate, misleading, or offensive;
you must evaluate and make your judgment, and bear all risks associated with the use of the Services and Third-Party Content;
and under no circumstances will we be liable to you in any way for Third-Party Content that contains any errors, omissions, defamatory statements, or confidential or private information, for any loss or damage of any kind incurred as a result of the use of any Third-Party Content created, submitted, accessed, transmitted, or otherwise made available on, through or in association with the Services, or for the removal of any Third-Party Content from the Services for any reason.
You agree that any dealings with the Services, Content, Trademarks, Data, Adaptations, Third Party Content, and Derivatives in a manner inconsistent with or in derogation of TEAM RAMAN’s or its licensor’s ownership or proprietary rights therein, by you would cause TEAM RAMAN and/or its licensors’ irreparable harm for which monetary damages may not be a sufficient or appropriate remedy. You acknowledge and agree that in the event of a breach of these terms or conditions by you, TEAM RAMAN and its licensors shall be entitled to an injunction enjoining any further breach or threatened breach, in addition to any other relief to which TEAM RAMAN and/or its licensors may be entitled at law or in equity.
While using the Services you agree to comply with these Terms and all applicable laws, rules, and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Services and the content available on the Services. You agree not to use the Services or any content to:
violate or encourage the violation of any local, municipal, provincial, state, federal, or international law;
collect, use, disclose, store or otherwise process the personal information of other users of our Services;
send any message that is unlawful, libellous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by TEAM RAMAN in its sole discretion, or otherwise for marketing or commercial mass mailing purposes;
infringe any patent, trademark, trade secret, copyright, right of publicity, or other rights of any party;
disrupt or interfere with the security or use of the Services or any websites or other online platforms linked to it;
interfere with or damage the Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology, or disobey any requirements,
procedures, policies, or regulations of networks connected to the Services;
attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including TEAM RAMAN or any TEAM RAMAN Parties, or create or use a false identity;
attempt to obtain unauthorised access to the Services or content or portions thereof that are restricted from general access;
use any meta tags or any other “hidden text” utilising the Trademarks or any trademarks or names that are similar to the Trademarks;
attempt to reverse engineer or otherwise derive or obtain the code in any form for the Services or any software used in the Services, or otherwise access or use any of the Services or any content to create, operate or maintain any derivative products or competing services;
market, publish, disseminate, distribute, sell, license, sublicense, rent or provide access, in whole or in part, the Services or any content to any person, whether or not for a fee, whether in hard copy, on any digital communications network, including without limitation, the internet, or in any other format, or to otherwise use same in a service bureau or timeshare service;
engage in any activity that interferes with any third party’s ability to use or enjoy the Services; or assist any third party in engaging in any activity prohibited by these Terms.
Further, without our prior written consent, you may not:
reproduce, duplicate, copy, sell, resell, engage in data mining, or exploit for any commercial purpose any content available on or through the Services or any use of or access to the Services;
allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Services or monitor or copy our web pages or the content contained thereon;
remove any proprietary notices, labels, or other rights management information from the Services;
use any robot, spider, site search or retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine”, or otherwise reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent;
deep-link to the Services for any purpose;
ormirror or frame any part of the Services or any content available thereon, place pop-up windows over its pages, or otherwise affect the display of any pages of the Services.
Engaging in prohibited conduct constitutes a breach of these Terms and may subject you to civil liability or criminal prosecution under applicable laws. We reserve the right to investigate and/or terminate your account if you have violated these Terms, misused the Services, or any content they contain, or acted in a manner that we regard as inappropriate or unlawful.
You agree to indemnify and hold the TEAM RAMAN Parties (expressly including their licensors, their affiliates, and their respective officers, directors, agents, and servants) harmless from any claim, loss, obligation, demand, damage, cost, liability, or expense (including legal fees and disbursements) they may incur, directly or indirectly, due to or arising out of (i) your use or misuse of the Services or any content, including in any manner not permitted by these Terms, (ii) your violation of these Terms; (iii) your violation of any third party right, including any intellectual property, proprietary or privacy right; or (iv) any claim that your Third Party Content caused damage to any third party. This defense and indemnification obligation will survive the expiration or termination of these Terms.
If you believe that any Content on our Services violates these Terms, violates your intellectual property rights, or is otherwise inappropriate, please report the Content via our Contact Us web form or at the address listed in the ‘Contact Us section below, or send an email to teamraman.ca@gmail.com.
Please include the following information if you believe the content infringes your intellectual property rights:
contact information about the claimant, including name, mailing address, and other particulars required to communicate with the claimant;
a statement, made under penalty of perjury, that you are the owner of the copyright or other intellectual property, or are authorized to act on behalf of the owner;
a detailed description of the intellectual property that you claim has been infringed;
a description of the claimant’s interest or rights in or to the work or other subject matter. If the claim is based on a registered work, the registration number, and the date of issuance of the registration;
a description of the infringing material and the URL where the infringing material is located on the Services, or a description of where on our Services you found such infringing material;
your written statement that you believe, in good faith, that the use of the work on our Services has not been authorized by the true owner of the work, its agent, or as a matter of law;
the date and time of the commission of the claimed infringement;
and a statement that all of the information you have provided is true.
The notice may not contain any of the following:
an offer to settle the claimed infringement;
a request or demand, made in relation to the claimed infringement, for payment or personal information;
a request or demand, made in relation to the claimed infringement, for payment or personal information;
any reference, including by way of hyperlink, to such an offer, request, or demand;
or any other information that may be prescribed under applicable laws or regulations.
If the notice is not compliant with these requirements, we will have no legal or other obligation to take any action in relation to the claimed infringement.
If a proper bona fide infringement notice is received in accordance with these Terms, it is our policy to remove or disable access to the infringing material; notify the user that posted, submitted, or uploaded the subject content that we have removed or disabled access to the material; and where we deem appropriate, discipline repeat offenders, in accordance with applicable laws, by suspending or terminating the offender’s access to or use of the Services, in whole or in part.
The laws of the province of British Columbia and Canada govern these Terms and any claims arising out of or relating to the use of the Services, without giving effect to any choice of law rules, and (b) the federal and provincial courts located in Kelowna, British Columbia, Canada will have exclusive jurisdiction for any actions brought, or claims made, arising out of your use of our Services, and you hereby waive any jurisdictional or venue claims or defenses otherwise available.
You acknowledge and agree that we may make changes to these Terms from time to time, for any reason, at our sole and absolute discretion. The most recent version of these Terms will be posted on the Website. If the changes that we make include material changes that affect your rights and obligations, we will take reasonable steps to notify you of the changes in advance. Your continued use of the Services after we post and/or notify you of any changes to the Terms means that you accept and agree to be bound by the Terms as amended.
Assignment –
These Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms are not assignable or transferable by you without our prior written consent. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise.
These Terms (including all of the policies described in these Terms, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
Waiver –No failure or delay by a party in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
Severability –If any provision of these Terms is determined by a court of law to be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable.
Legal Fees –To the extent permitted under applicable law, the prevailing party in any proceeding arising from or related to this Agreement will be entitled to receive its costs, expert witness fees, and reasonable legal fees, including costs and fees on appeal.
Force Majeure –We will not be liable for any failure or deficiency in the performance or availability of the Services because of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider, fire, terrorism, natural disaster, local disease, epidemic or pandemic outbreak, acts or orders of any governmental agency or official, or war.
If you have any questions about these Terms, please feel free to contact us as follows:
For general questions or comments about TEAM RAMAN contact us at: teamraman.ca@gmail.com