Terms of Use.

Acceptance of the Terms of Use

Welcome to the Jovi Realty Website (www.jovirealty.com). Please read the terms and conditions of use carefully before using this site. This site and its service are free for all our visitors. By using and accessing the Website, You agree to these Terms of Use without limitation or qualification. If You do not agree to be bound by these Terms of Use, please exit this Website from Your internet browser. If You continue to access or use the Website, all other modifications hereafter is accepted by You. If You do not agree to future revisions on this Website, please do not use this Website. 

Privacy and Personal Information

Personal data and other information about You are subject to our Privacy Policy. Your use of the Jovi Realty Website and/or its services signifies acknowledgment and agreement to our Privacy Policy. You further acknowledge and agree that Jovi Realty may, in its sole discretion, preserve or disclose Your information, such as email addresses, IP addresses, and other user information, for purposes identified either by Jovi Realty or its affiliates or if required to do so by law or in good faith believes that such preservation or disclosure is reasonably necessary. 

Please review our full Privacy Policy at our Privacy Policy page for more information on Jovi Realty's Privacy Policy.

Modifications to the Agreement

You should occasionally revisit this post to review any updates to the Terms of Use as Jovi Realty may, at any time, without announcement or obligation, revise these Terms of Use by updating this page. 

We reserve the right to edit or delete any documents, information, and all other Contents appearing on our Website. This also includes the Terms of Use. Such modifications shall become effective immediately upon the posting thereof. If You wish to continue, You agree to indemnify, defend and hold us, our officers, our shareholders, our partners, attorneys, and employees harmless from any and all liability, loss, damages, claim, and expense, including reasonable attorney's fees, related to Your violation of this Agreement or use of the Website.

Jovi Realty may, at any time without notice or liability, and for any reason whatsoever, change, suspend or terminate any aspect of the Website, including, without limitation, any of the Content. Jovi Realty reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice or liability. 

Usage Prohibitions, Restrictions, and Limits

You, as user, visitor, etc., may access and use the Website and the information, features, and services herein only in accordance with all applicable laws and regulations and with these Terms of Use.

The use of this Website for personal and non-commercial use is allowed subject to these Terms of Use. Content may only be printed, copied, or saved onto Your own computer for Your personal and non-commercial use. The user must not directly or indirectly print, copy, reproduce, save onto Your own computer, modify, translate, merge with other data, frame in another Website, post on another Website, or otherwise use the Contents of this Website for any public, commercial or non-personal reason. You must not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer or sell the Contents of this Website to another individual or juridical entity.

This Website and its Contents are made available to You for reference and information purposes only. They are not intended to be a substitute for professional advice, assessment, and evaluation. The Contents herein should not be relied upon as the sole basis for making real estate purchases or selling decisions.

We will not be liable to You for any incidental, special, or consequential damages of any kind that may arise from the use of or inability to use the site. All responsibility or liability for any damages caused by viruses contained within electronic files or documents is therefore disclaimed.

Proprietary Rights

Usage of any of the Contents without the prior written consent of Jovi Realty, or the applicable franchisee, broker, salesperson is strictly prohibited.

Contents on this Website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by Canadian and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Jovi Realty and its affiliates. Contents on this Website or any Website owned, operated, licensed, or controlled by Jovi Realty is solely for Your personal use and not for any commercial reasons or usage.

You agree that You will not modify, copy, distribute, transmit, display, perform, reproduce, publish license, transfer, download, post, create plagiaristic works from, frame in another web page, use on any other site, transfer or trade any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Website, including, but not limited to the text, graphics, logos, photos, and audio and visual records, without the written permission from Jovi Realty. You may request consent in writing by sending Your email to hello@jovirealty.com. Without the prior written consent of Jovi Realty, Your alteration of the Content, materials, use of the Content or materials on any other Website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of Jovi Realty and is prohibited. You may not use on Your Website any trademarks, service marks, or copyrighted materials that appear on this Website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another Website any of the Content or other materials on this Website without the prior written consent of Jovi Realty.

The service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website or the collective work, and/or copying or reproducing the Websites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Jovi Realty. You further agree not to reproduce, duplicate or copy Content from the service without the express written consent of Jovi Realty. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of this Website. 

Content Linked to Other Websites

By using our Website, You agree that You are solely responsible for taking all protective measures to guard against viruses and other similar harmful elements. You are also personally accountable to the Content accessible through the Links to social media accounts and similar sites outside our jurisdiction and bearing all risks associated with Your use of, and reliance on any such Content.

If You want to include a link of this Website on Your Website (Third Party Link), You must provide Jovi Realty with prior written notice describing the nature and features of Your Website and the proposed appearance and location of the Third Party Link; and obtain the prior written consent of Jovi Realty to establish the Third Party Link and abide by any terms and conditions required by Jovi Realty as part of its consent.

Jovi Realty may at any time, in its sole and absolute discretion, cancel its consent to establish a Third Party Link, with or without cause, upon sensible notice to You. Upon exercise of this right by Jovi Realty, You must immediately remove all of Your links to the Website and must cease all use of the Jovi Realty IP. If You refuse or neglect to remove all of Your links to the Website or to cease using the IP, You acknowledge that such refusal or neglect will result in immediate and irreparable damage to Jovi Realty and that we shall be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper.

Registration

Certain services/Content on the Website may involve Your registration or subscription. Should You choose to register or subscribe for any such Content, You agree to provide correct and current information about Yourself as required by the pertinent registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete.

You also agree to be responsible for maintaining the confidentiality of any passwords or other account identifiers which You choose or are assigned as a result of any registration or subscription process; and all activities that occur under Your account or password.

Jovi Realty shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, Your failure to comply with this section of these Terms of Use.

Links

This Website may contain links to other Websites such as social media sites, map tools, etc. Linked sites are provided for Your convenience and information only, and, as such, You access them at Your own risk. The Content of any Linked Sites is outside the control of Jovi Realty, and Jovi Realty does not endorse, such Content. 

Conduct

You agree not to post, email, or otherwise make available Content:

1. i) that is unlawful, threatening, harmful, abusive, harassing, defamatory, libelous, scandalous, inflammatory, invasive of another's privacy, or is harmful to minors in any way;
2. ii) that is pornographic, profane, lascivious, or obscene in nature;

iii) that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

1. iv) that imitates any person or entity, including, but not limited to, a Jovi Realty employee, or falsely states or otherwise misrepresents Your affiliation with a person or entity;
2. v) that includes personal or identifying information about another person without that person's explicit consent;
3. vi) that is false, deceptive, misleading, deceitful, or misinformative;

vii) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that You do not have a right to make available under any law or under contractual or fiduciary relationships;

viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

1. ix) that constitutes or contains any form of advertising or solicitation if: posted in areas of Jovi Realty's Website which is not designated for such purposes; or emailed to the service users who have not indicated in writing that it is acceptable to contact them about other services, products or commercial interests.
2. x) that includes links to commercial services or Websites;
3. xi) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Canadian law;

xii) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

xiii) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the service, or that otherwise negatively affects other users' ability to use the service; or

xiv) that employs misleading email addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the service.

In addition, You also agree not to:

1. xv) contact anyone who has asked not to be contacted;

xvi) "stalk" or otherwise harass anyone;

xvii) collect personal data about other users for commercial or unlawful purposes;

xviii) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the service - unless otherwise permitted by Jovi Realty;

xix) post-non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

1. xx) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;

xxi) attempt to gain unauthorized access to Jovi Realty's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the service or the Jovi Realty Website; or

xxii) use any form of automated device or computer program that enables the submission of postings on Jovi Realty's Website without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

No spam policy

You understand and agree that sending unsolicited email advertisements to Jovi Realty email addresses or through Jovi Realty computer systems, which is expressly prohibited by these Terms, will use servers located in Canada. Any unauthorized use of Jovi Realty computer systems is a violation of these Terms and certain federal and provincial laws.

Limitations of Service

You acknowledge that Jovi Realty may establish limits concerning use of the Website and its services, including the maximum number of days that Content will be retained on the Website, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored in our Website, and the frequency with which You may access the Website. You agree that Jovi Realty has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted through our Website. You acknowledge that Jovi Realty reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that Jovi Realty shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Website and its services.

Termination of Service

By using our Website, You agree that Jovi Realty, in its sole discretion, has the right to block Your email or IP address, or otherwise terminate Your access to or use of the Website and any part thereof, immediately and without notice, and remove and discard any Content within the Website, for any reason, including, without limitation, if Jovi Realty believes that You have acted inconsistently with the provisions of the Terms of Use. Further, You agree that Jovi Realty shall not be liable to You or any third-party for any termination of Your access to the Website. 

Disclaimer

You explicitly agree that the use of this Website is at Your sole risk. You (and not Jovi Realty) assume the entire cost of all necessary servicing, repair, or correction of Your system. You expressly agree that neither Jovi Realty, nor its affiliated or related entities (including its providers and its web hosting service providers, and their suppliers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production, distribution, hosting, and/or operation of this Website, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual or consequential), claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of this web site including, without limitation, use of or access to any related software or hardware.

By way of example, and without limiting the generality of the foregoing, Jovi Realty and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this Website. You explicitly acknowledge and agree that Jovi Realty is not liable or responsible for any defamatory, offensive, or illegal conduct of other users or third parties.

Links in the Website (such as but not limited to social media channels, streaming platforms, third-party providers, etc.) will let the user leave Jovi Realty's Website. The linked sites are not under the control or possession of Jovi Realty, its affiliates, employees, and agents. Jovi Realty shall not be liable or responsible for the Content available on any other internet site linked to the Website. Jovi Realty is providing these links to other internet sites as an act of service and convenience to You, and access to any other internet sites linked to the Website is at Your own risk. The inclusion of any link does not imply a recommendation or endorsement by Jovi Realty of the linked site. You may not establish a hyperlink to this website or provide any links that state or imply any sponsorship or endorsement of Your Website by Jovi Realty or its affiliates or providers unless Jovi Realty or its affiliates or providers have agreed and consented in writing.

Further, neither Jovi Realty, its affiliated or related entities, nor the providers, nor any person involved in the creation, production, and distribution of this Website warrant that the functions contained in this Website shall be free of any interruption, error, defect, that defects shall be corrected, or that the server that makes the Content available shall be free of viruses or other harmful components, whether known or unknown. the Content that You access on this Website is provided solely for Your convenience and information only. Jovi Realty does not warrant or make any representations regarding the results that may be obtained from the use of this Website or as to the reliability, accuracy, or currency of any information content and service acquired pursuant to Your use of this Website.

Limitations of Liability

Under no circumstances shall Jovi Realty be liable for direct, indirect, incidental, special, consequential, or exemplary damages (even if Jovi Realty has been advised of the possibility of such damages), resulting from any aspect of Your use of the Jovi Realty Website or the service, whether the damages arise from use or misuse of the Jovi Realty Website or its services, from inability to use the Jovi Realty Website or the service, or the interruption, suspension, modification, alteration, or termination of the Jovi Realty Website or its services. These limitations shall apply to the fullest extent permitted by law. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, You agree that Jovi Realty's liability is limited to the greatest extent permitted by law. Jovi Realty reserves all rights and applicable defenses permitted by law.

Jovi Realty specifically disclaims any liability, whether based in contract, tort, strict liability, or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, even if Jovi Realty or the Website has been advised of the possibility of such damages, including liability in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to the Website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to, the Website, software, or related information, records or programs. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, You agree that Jovi Realty's liability is limited to the greatest extent permitted by law. Jovi reserves all rights and applicable defenses permitted by law.

As a service to its members, Jovi Realty permits its members (real estate agents and brokers) to publish information regarding themselves and their services on the Website, but Jovi Realty is not responsible for the accuracy or reliability of any opinion, advice, or statement made by the real estate agents or otherwise through the Website. It is the responsibility of each user to evaluate the accuracy, completeness, or usefulness of any information or Content available on or through the Website. You are responsible for taking all precautions necessary to ensure that any content they may obtain from this Website, the web, or any other Website linked to the Website is free of all errors and/or misstatements. You are responsible for taking all precautions to ensure that any content they obtain from the Website is free of viruses or any other harmful programs.

Indemnity

You agree to indemnify and hold Jovi Realty, its owners, officers, employees, agents, subsidiaries, affiliates, successors, assigns, providers and suppliers, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Your use of this Website, Your use of our services, Your violation of the Terms of Use, Your breach of any of the representations and warranties herein, or Your violation of any rights of another.

Disputes

If a dispute should arise between You and Jovi Realty, we want to provide You with an efficient and cost-effective means of resolution by using our customer service team. Customer service disputes may be resolved to the customer's satisfaction by using our customer service, reachable by sending an email to hello@jovirealty.com or through the "Contact" section of our Website.

If Your dispute cannot be resolved using our customer service team, these Terms of Use describe how we shall proceed with the resolution of the dispute.

Arbitration

Please read this section carefully – it may significantly affect Your legal rights, including Your right to file a lawsuit in court and to have a jury hear Your claims. It contains procedures for mandatory binding arbitration and a class action waiver.

We both agree to arbitrate: You and Jovi Realty agree to resolve any claims relating to these Terms of Use through final and binding arbitration, except that, to the extent You have in any manner violated or threatened to violate Jovi Realty's intellectual property rights. Under such circumstances, Jovi Realty may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement without first engaging in arbitration or the informal dispute resolution process mentioned above.

Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration Agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

Authority of arbitrator: The arbitrator will decide the rights and liabilities, if any, of You and Jovi Realty, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and Jovi Realty.

No class actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

Waiver of jury trial: the parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. In the event any litigation should arise between You and Jovi Realty in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, You and Jovi Realty waive all rights to a jury trial, instead electing that the dispute is resolved by a judge. You acknowledge that You have been advised that You may consult with an attorney in deciding to accept this Agreement to arbitrate.

You can decline this Agreement to arbitrate by emailing Jovi Realty at hello@jovirealty.com and providing the requested information as follows: (1)Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and a clear statement that You wish to opt-out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date You first accept the Terms of Use by using the Website.

Forum Selection

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms of Use shall be governed by and construed in accordance with the laws of the province of British Columbia, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Vancouver, British Columbia.

Third-party rights in relation to our Website

These Terms of Use are for the benefit of Jovi Realty, its officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms of Use directly against You on its or their own behalf.

Entirety

The provisions and conditions of these Terms of Use, and each obligation referenced herein, represent the entire Agreement between Jovi Realty, its affiliated or related entities, and You, and supersede any prior Agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms of Use and any future published Terms of Use or understanding the last published Terms of Use shall prevail.