Weh-Hey! Independent feedback for Real Estate Agents
|
|
Terms of Use Last updated April 23, 2007 Weh-Hey! Advertising Inc. offers its services, including the use of this website, under the following terms. If you do not agree to be bound by the terms and conditions of this agreement, please do not use this website. 1. Browsing at fair usage levels is free for all adults. You agree that you will not take any action that imposes, or we deem to impose, a disproportionately large load on our infrastructure compared to the average user. You agree that you will not use any automated means to access this website for any purpose without our express written permission. You will not interfere or attempt to interfere with the proper working of this website or any activities conducted on it. Weh-Hey! Advertising Inc. (“Weh-Hey!”) expressly reserves the right, at its sole discretion, to electronically block access to its site by any specific user. 2. This website is copyright, Weh-Hey! Advertising Inc., all rights reserved. You acknowledge that this website, its design, text, graphics, the selection and arrangement thereof, any necessary software used in connection with this website and content of advertisers’ websites contain proprietary and confidential information that is protected by applicable intellectual property, copyright, trademarks, service marks, or other proprietary rights and laws. You agree not to reproduce, duplicate, copy, plagiarize, modify, rent, lease, loan, distribute or create derivative works, sell, resell or exploit for any commercial purposes, any portion of this website, except that permission is granted, to those users whose sole purpose for using it is to pursue their desire to purchase or sell real estate for themselves or for another, to make a single copy only of those portions of this website's advertisement content which is of assistance to them for that purpose. 3. We operate independently of all real estate agents, realty companies, real estate boards, real estate brokers, real estate associations, For Sale by Owner companies and Listing services. We are not involved in the actual transaction between buyers and sellers. Weh-Hey! is strictly an online advertising service that allows real estate owners and their agents to advertise their property, real estate buyers and their agents to place real estate wanted advertisements, and professionals such as real estate agents, lenders, lawyers and home inspectors to advertise their services which are related to real estate. The content of this website is not legal advice nor is it intended to be considered as legal advice nor any other financial, accounting, appraisal or other professional advice. You agree that any correspondence or dealings with advertisers found on or through Weh-Hey!, including payment and delivery of related goods or services or transfer of property, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. 4. To place an advertisement you must
be able to form legally binding contracts and if selling real estate, be legally
able to sell the real estate you advertise for sale on this website. Without
limiting the foregoing, children or persons under the age of majority may not
advertise. If you are advertising as a business entity, you warrant that you
have the authority to bind the entity to this agreement. Your advertisement for
real estate to buy or sell may only include relevant text descriptions and one
picture, and must be placed in the appropriate category, and will be placed on
this website for an advertising period starting from when it is launched on this
website. Business advertisers may advertise their name, a link to their website, and a telephone number. You agree that you are
not entitled to refunds whatsoever once you have made and completed a payment, 5. Fees are charged for advertising and are quoted in Canadian Dollars. We may change our fees from time to time and without notice. You have an opportunity to review and accept the fees before you are charged. We may waive our fees for promotional offers. You are responsible for paying all applicable taxes associated with using our service. 6. You are solely responsible for the content, including advertisement and feedback, that you provide to us and accept that regarding feedback we act strictly as a passive means for online publication of your content. Your content shall not be false, misleading, inaccurate, fraudulent, defamatory, libelous, threatening, harassing, obscene, pornographic, hateful, objectionable in any way; 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, but not limited to, those governing antidiscrimination or false advertising; shall not contain any computer programming routines that may 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 suppliers; and shall not cause us to violate any applicable law, statute, ordinance, regulation or contractual agreement. We are not obligated to proof read or correct mistakes you make in your advertisements. By submitting content to Weh-Hey! you grant, or warrant that the owner of such content has expressly granted, Weh-Hey! the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. 7. Refusal to publish or a discontinuation of publishing of any advertisement may be made in Weh-Hey!’s sole discretion. Any advertisement which is refused publication or cancelled by Weh-Hey! will be refunded pro-rata. Without limiting any other remedies, we may suspend or terminate your service if you are found in any way to have engaged in fraudulent activity in connection with the site, or if you breach this agreement, or if we believe that your actions may cause financial loss or legal liability for you, our users or us. 8. No solicitation whatsoever may be made by you to our advertisers, whether for commercial or other purposes, and whether or not you are another advertiser. If you wish to seek business you may advertise on this website on payment of the appropriate fee. Any user who solicits, unless expressly invited to do so, agrees that we may publish on this website the number of times, in our sole determination, that they have solicited, and that they may have their access terminated. Weh-Hey! reserves the right to employ such procedures as it deems necessary to detect any unauthorized solicitation of advertisers or information gathering, and all users consent to these procedures. 9. 10. Your identification, which you provide to us is true, accurate, current and complete information about yourself as requested by this website’s input form(s), and you shall not impersonate in this website any business or person, living or dead, whether famous or not. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your advertisement and refuse any and all current or future use of this website. Please remember that any information disclosed in your advertisement becomes public and you should therefore exercise caution when deciding to disclose such information. 11. You keep your password confidential, and are fully responsible for all activities that occur under your password. You agree to immediately notify Weh-Hey! of any unauthorized use of your password or any other breach of security. 12. No warranty is given to you by Weh-Hey! This website is provided on an “As Is” and “When Available” basis without any representation, warranty or condition, whether express, implied or statutory. All property information on this site has been supplied by the seller and/or property owner and Weh-Hey! does not assume any responsibility for errors and/or omissions in the advertisements. Weh-Hey! makes no warranty that any user using our services is guaranteed to save any specific amount of real estate agent commission, if any, because commission rates and savings depend on a number of factors which are beyond the control of Weh-Hey! We can not guarantee that the visitors to our website will view your advertisement. There is no warranty that the service will meet your requirements, be uninterrupted, secure or error free. Weh-Hey!, its directors, officers, employees and suppliers specifically disclaim any implied representation, warranties of title, non-infringement or suitability for purpose. Any information downloaded is done at your own risk and you are responsible for any damage to your computer system or loss of data and its consequences that result from the download of such information. No advice or information obtained by you from Weh-Hey! shall create any warranty whatsoever. Weh-Hey! does not endorse, nor make any representations or warranties about any website accessed through this site, nor is it responsible for the privacy practices or the content of such Web sites. Your use of our service is at your sole risk, you are aware that you may be contacting with underage persons or people acting under false pretence, and you are responsible for the decisions you make, including those made with any reliance on the accuracy, completeness, or usefulness of this service. Weh-Hey! expressly cautions all users to verify all information and all transaction details before proceeding with a transaction. 13. No liability for lost income, goodwill or profits or any incidental, consequential, indirect, replacement or special costs, intangible loss or punitive damages arising out of use or inability to use our website or any third party site advertised herein, unauthorised access to or corruption of your transmissions or data, third party statements or conduct regarding this site, theft, destruction or any other matter relating to this site, however arising, shall be accepted byWeh-Hey!, its directors, officers, employees and suppliers. Users and advertisers hereby release and discharge Weh-Hey! Advertising Inc. and its directors, officers, employees and suppliers for any and all claims pertaining to their use in any way of this site and any third party site provided with links herein, expressly including, without limitation, any claim of negligence against Weh-Hey! Advertising Service Inc. or any of its directors, officers, employees and suppliers The liability of Weh-Hey!, its directors, officers, employees and suppliers to you or any third parties is limited to the amount you have paid to us. If we introduce a mistake into your advertisement, we will extend the duration of the same advertisement with corrections to the initially agreed upon period. 14. You agree to indemnify and hold Weh-Hey! Advertising Inc. and its directors, officers, employees and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, including other users of this website, due to or arising out of content you submit, post to or transmit through this website, your use of the website, your connection to the website, your lack of protection of your password, your breach of this agreement, or your violation of any rights of another. 15. Content may be monitored, preserved or disclosed by Weh-Hey! it if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with law, enforce the terms of this agreement, or protect the rights, property, or personal safety of Weh-Hey!, its users and the public. 16. Modification of this website by Weh-Hey! may be made at any time without notice. You agree that Weh-Hey! shall not be liable to you or to any third party for any modification, suspension or discontinuation of this website. 17. You shall comply with all laws, statutes, ordinances and regulations which are applicable regarding your use of our service. 18. Disputes between you and Weh-Hey! regarding our services shall be reported directly to the other party in the first instance. If we cannot resolve the dispute between ourselves, we agree to resolve the dispute through binding arbitration in a timely fashion. Weh-Hey! does not participate in dispute resolution between users. 19. This agreement shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. If any provision of this agreement is held to be legally invalid or unenforceable, such provision shall not apply and the remaining provisions shall apply. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to other or similar breaches. This agreement represents the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2, 12, 13, 14, and 18 shall survive any termination or expiration of this agreement. 20. It is the express wish of the parties that this document be drawn up and executed in English. Les parties aux présentes ont expressément demandé que ce document soit rédigé et signé en anglais. © 2005-7 Patent Pending
|