Valery Real Estate Inc.
Terms and Conditions

Last Updated: March 1st, 2024

These Terms and Conditions ("Terms") govern your access to the Valery Real Estate Inc. services ("Services"), including access to the website (the "Site") and any software available through the Site ("Platform"), and related services offered by Valery Real Estate Inc..

Throughout these Terms, we refer to users of the Services as "Users" (or "you", "your" and similar references). Users may request additional services by providing the information requested by Valery Real Estate Inc. and agreeing to the terms of a separate agreement either (a) online; or (b) by entering into a written agreement with Valery Real Estate Inc. or third-party real estate representatives.

In using this website or services offered by this website, you are entering into a lawful broker-consumer relationship with Valery Real Estate Inc.

Users represent and warrant that by accessing the Services they have a bona fide interest in the purchase, sale, or lease of real estate and may not use the Content (as defined hereunder) for any commercial purpose or any other purpose other than the permitted use under the license as described in these Terms. You may not access the Site or the Platform, or use the Services if you do not have a bona fide interest in the purchase, sale, or lease of real estate.

Please read through these Terms carefully before using the Services. By accessing, using or browsing the Site or Platform you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site or access the Platform.

If the individual accepting these Terms is accepting on behalf of a company or legal entity, such individual represents that they have the authority to bind such entity and its affiliates to these Terms, in which case the term "User" shall refer to such entity and its affiliates. If the individual accepting these Terms does not have such authority, or does not agree with these Terms, such individual must not accept these Terms and may not use the Services.

1. Valery Real Estate Inc. Services

Valery Real Estate Inc. offers the Site and Platform to assist Users in discovering pertinent information to real estate, including pricing and associated historical and other data, and related services. Users may further request to connect with real estate representatives for additional services relating to viewing, leasing, listing, or acquiring real estate. Any such services are offered by such real estate representatives and Valery Real Estate Inc. shall not be responsible for such services.

Valery Real Estate Inc. cannot and does not represent or warrant that any individual or entity acting as a real estate representative or connecting with the Users through the Site and/or Platform is registered, licensed, qualified, or otherwise authorized or capable of performing any described services. Valery Real Estate Inc. does not make any representations, warranties or assurances as to the timeliness, completeness or accuracy of the information provided by any real estate professional, or other real estate or real-property-related service provider on or through the Services.

2. Privacy Policy

Please refer to Valery Real Estate Inc.'s privacy policy by clicking here (the "Privacy Policy") for information on how Valery Real Estate Inc. collects, uses and discloses personally identifiable information from Users. By using the Services, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

3. Registration Data; Account Security

Users can browse the Site without registering for an account. However, in order to receive access to the Platform and Services, users must register for a user account ("User Account"). Upon the registration or use of a User Account, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site or Platform, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site or Platform. Valery Real Estate Inc. may ask you to renew your password periodically in order to maintain access to the Platform. You are responsible for all activity on your User Account, and agree not to grant access of your User Account with others or to allow parties that do not have the requisite licenses with Valery Real Estate Inc. to access the Products.

4. Fees, Charges, Taxes

Valery Real Estate Inc. does not charge for access to the Site or the Platform. However, the User may enter into a separate agreement with us or third-party real estate representatives for additional services at the fees agreed to in such separate agreements.

5. Legal Capacity

The Services are not designed to be used by children. You represent and warrant that you have attained the age of majority in the jurisdiction in which you are a resident, and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You may not use the Services if you live in a jurisdiction where access to or use of the Services or any part of it may be illegal. It is solely your responsibility to determine whether your use of the Services is lawful, and you must comply with all applicable laws.

6. License to Use the Site and License Restrictions

In these Terms the content on the Services, including all information, data, logos, marks, designs, graphics, documents, recordings, pictures, sound files, other files, and their selection and arrangement, is called "Content". The Content is owned by Valery Real Estate Inc. and/or its licensors.

Valery Real Estate Inc. grants to you a revocable, non-exclusive, non-sublicensable license to use the Site, Platform and the Services and to view the Content available to you through the Site ("License") subject to the License restrictions described herein. Valery Real Estate Inc., its affiliates and licensors will strictly enforce their intellectual property rights to the fullest extent permitted by law.

Other than as expressly permitted in these Terms, the License is subject to the following restrictions and account terms:

  • (a)The Content and Services we provide through the Site and Platform are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Services.
  • (b)You may not make or distribute copies of the Site, Platform, Services or Content or reproduce, distribute or display the Site, Platform, Services or any Content (except for page caching) except as expressly permitted in these Terms.
  • (c)You may not modify or create derivative works based on the Site, Platform, Services or Content.
  • (d)You may not use the Site, Platform, Services or Content for any application deployment or ultimate production purpose.
  • (e)You may not use the Site, Platform, Services or Content to develop any application, website or product having the same or similar primary function as the Site, Services or Content.
  • (f)You may not remove or modify any copyright, trademark or other proprietary notices that have been placed on the Site, Platform, Services and/or Content.
  • (g)You may not otherwise use the Site, Platform, Services or Content other than for its intended purpose.
  • (h)You may not use any data mining, robots or similar data gathering or extraction methods.
  • (i)Your use of the Site, Platform, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.
  • (j)Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
  • (k)You represent and warrant that you have reviewed, and agree to these Terms.
  • (l)All listing information obtained by you from the Site and Platform is intended only for your personal, non-commercial use.
  • (m)You shall not copy, redistribute, retransmit, or otherwise use any of the data or listing information provided, except in connection with your consideration of the purchase or sale of an individual property.
  • (n)You will not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense any listing information to another individual or entity. The prohibited uses expressly include "scraping" (including "screen scraping" and "database scraping"), "data mining" or any other activity intended to collect, store, re- organize, summarize or manipulate any listing information or any related data.
  • (o)You acknowledge that listing information is licensed to Valery Real Estate Inc. by the Toronto Regional Real Estate Board, which retains its proprietary rights and copyright in, the MLS® database, TRREB's MLS® System, listing information and any related information.
  • (p)TRREB, and other Members of TRREB or their duly authorized representatives

TRREB, and other Members of TRREB or their duly authorized representatives may access this website for the purposes of verifying compliance with MLS® Rules and Policies (including the VOW Rules) and monitoring the display of Members’ Listings by the VOW.

The licenses in this Section are revocable by Valery Real Estate Inc. at any time.

7. Ownership, Copyright and Trademarks

Content provided by Users on the Site or Platform or otherwise shared with Valery Real Estate Inc. is called "User Content". User Content is the property of its respective owners (e.g. the User that provided it). User Content on the Services may include a comment, review, information, data, images, videos, sounds and other data uploaded by a User to the Services. Your User Content is your responsibility. You are solely responsible for maintaining copies of and replacing any User Content you send to Valery Real Estate Inc. to share or store on the Services and/or that you, personally, share or store on the Services. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit, without notice, any User Content shared or stored on the Services, and we may do this at any time and for any reason. Valery Real Estate Inc.'s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 11 of these Terms.

Other than User Content, the Services, the Site, Platform, all Content and any other software used to create and operate the Site is the property of Valery Real Estate Inc. or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, Platform, Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Valery Real Estate Inc..

You may only use the Services for the purposes expressly permitted. In particular, you may not use the Services or your access to our technology or any of our intellectual property rights, whether for yourself or for any other person, to research, develop or create, or to facilitate any of the foregoing by itself or any other person, any service or technology or product that competes with the Services or any other service provided through our technology or the Services, or that is similar thereto.

8. Third Party Sites, Content, and Platform

The Services may contain links to third-party websites ("Third-Party Sites") and third-party content ("Third-Party Content"). You use links to Third-Party Sites and any Third-Party Content or service provided there at your own risk. Valery Real Estate Inc. does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Valery Real Estate Inc. provides access to such content only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Valery Real Estate Inc.'s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Valery Real Estate Inc. accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site. When you leave the Site, our terms and policies no longer govern.

The Services may also contain third party and/or open-source software, which may be subject to third party licenses and require notices and/or additional terms and conditions ("Third Party Licenses"). These Third-Party Licenses are made a part of and incorporated into these Terms. By accepting these Terms, Users are also accepting the Third-Party Licenses. Users who wish to view such Third-Party Licenses may request a copy by writing to info@valery.ca.

Valery Real Estate Inc. shall have no liability arising from your use of such third party or open-source software, Third Party Sites, Third Party Content, which are subject to Third Party Licenses.

9. Advertisements and Promotions

Valery Real Estate Inc. may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of advertisers other than Valery Real Estate Inc., and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. Valery Real Estate Inc. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

10. Your Limited License of Your User Content to Valery Real Estate Inc.

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. We require your license to display any such User Content on the Site, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.

Therefore, by posting or distributing User Content to Valery Real Estate Inc. and/or to or through the Services, you (a) grant Valery Real Estate Inc. and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Site and/or Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Site and/or Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Site and/or Services, as described in this Section.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Site and/or Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site and/or Services. Our rights to "modify, adapt, translate, and create derivative works from" are necessary because the normal operation of the Site, the Platform, and/or Services does this to your User Content when it processes it for use in the Site, the Platform, and/or Services.

11. Warranty Disclaimer

THE SITE, PLATFORM, CONTENT AND THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES FROM VALERY REAL ESTATE OF ANY KIND, EITHER EXPRESS OR IMPLIED. VALERY REAL ESTATE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE SITE, PLATFORM, SERVICES AND CONTENT ARE PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UP ON AS ACCURATE, COMPLETE, TIMELY OR FIT FOR ANY PARTICULAR PURPOSE, INCLUDING ANALYTICS, VISUALIZATION, AND PREDICTIONS. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE ON ANY INFORMATION PROVIDED TO YOU BY VALERY REAL ESTATE.

VALERY REAL ESTATE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, PLATFORM, THE SERVICES, THE CONTENT OR ANY PORTION THEREOF.

VALERY REAL ESTATE DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT(S) OR SERVICES, OR ANY PORTION THEREOF, PROMOTED OR SOLD ON OR THROUGH THE SITE OR THE SERVICES OFFERED BY THIRD-PARTY REAL ESTATE REPRESENTATIVES. VALERY REAL ESTATE MAY PROVIDE ADDITIONAL DISCLAIMERS IN ITS DESCRIPTION OF SERVICES ACCESSED THROUGH THE SITE, THE PLATFORM, OR THROUGH THE SERVICES, SENT BY EMAIL OR OTHER CORRESPONDENCE TO YOU.

12. Typographical Errors or Inaccuracies

The Site, Platform, and/or Services may contain typographical errors or inaccuracies and may not be complete or current. Valery Real Estate Inc. reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We apologize for any inconvenience.

13. Limitation of Liability; Indemnity

You waive and shall not assert any claims or allegations of any nature whatsoever against Valery Real Estate Inc., its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the "Released Parties") arising out of or in any way relating to your use of the Site, the Platform, the Services, and/or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site, the Platform, and/or Services. You use the Site, the Platform, and/or Services at your own risk.

Without limitation of the foregoing, neither Valery Real Estate Inc. nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to personal/bodily injury (including death) arising out of your use of the Services, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, the Platform, the Services or Content, including without limitation any damages caused by or resulting from your reliance on the Site, the Platform, the Services Content or other information obtained from Valery Real Estate Inc. or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Site or Platform, any User, or any other Released Party's records, programs or services.

Notwithstanding any of the foregoing, in no event shall the aggregate liability of Valery Real Estate Inc., whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, the Platform, or the Services exceed CA $100.

You shall defend, indemnify and hold harmless Valery Real Estate Inc. and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Platform, and Services and from the use of the Site and Services by any person to whom you give access to your account.

14. Communications

Notices that we give you may be provided in any of the following ways. First, we may e-mail you or send you a text message/SMS at the contact information you provide in your Registration Data. Second, we may post a notice to you in the account area of your User Account on the Site or the Platform. Third, we may post the notice elsewhere on the Site or the Platform. When we post notices on the Site or the Platform, we post them in the area of the Site or the Platform suitable to the notice. It is your responsibility to periodically review the Site or the Platform for notices.

15. Applicable Law and Venue

The Site is controlled by Valery Real Estate Inc. and operated by it from its offices in Ontario. You and Valery Real Estate Inc. both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Valery Real Estate Inc. explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site and Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Site, the Platform, the Services or Content; (c) oral or written statements relating to these Terms or to the Site, the Platform, the Services or Content; or (d) the relationships that result from these Terms or the Site, the Platform, the Services or Content (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Valery Real Estate Inc. related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Valery Real Estate Inc.. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one (1) arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Site and/or Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Valery Real Estate Inc. and the other Released Parties for your failure to comply with any such laws.

16. Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Terms, Valery Real Estate Inc. reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Site and/or the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Services or Content; (c) change, suspend or discontinue any aspect of the Site, Services or Content; and (d) impose limits on the Site, Services or Content. When your account is terminated, any User Content you have uploaded or have sent to Valery Real Estate Inc. to upload to the Site may remain on the Site.

If these Terms expire or terminate for any reason, Sections 6, 11, 12, 13, 14, 15, 16, 17 and 18, and any representation or warranty you make in these Terms, shall also survive indefinitely.

17. Modification of Terms

Valery Real Estate Inc. reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Site, the Platform, and/or Services, at any time and in its sole discretion. If we do so, we will post a notice on the Site or Platform visible to you the next time you access the Site. If you do not agree with the changes, your only remedy is to cease use of the Site, the Platform and Services and cancel your account with us without further obligation, if you have one. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site or the Platform, and your continued use of the Site, the Platform, and Services after such time will constitute your acceptance of such changes and/or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site, the Platform, and Services. The Terms will always show the "last updated" date at the top. If you do not agree to any amended Terms, you must stop using the Site, the Platform, and Services.

18. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Valery Real Estate Inc. may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Valery Real Estate Inc., and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Valery Real Estate Inc. regarding your use of the Site, the Platform, and Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Valery Real Estate Inc. regarding your use of the Site and Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to these Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

19. Questions and Comments

If you have any questions regarding these Terms or your use of the Site, the Platform, and/or Services, please contact us here:

Valery Real Estate Inc.
info@valery.ca

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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 trademarks MLS®, Multiple Listing Service® and the associated logos are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. Used under license.