Privacy and Personal Information
Modifications to the Agreement
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
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.
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 email@example.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.
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.
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.
You agree not to post, email, or otherwise make available Content:
- 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;
- 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;
- 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;
- v) that includes personal or identifying information about another person without that person's explicit consent;
- 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;
- 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.
- x) that includes links to commercial services or Websites;
- 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:
- 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;
- 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
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.
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 firstname.lastname@example.org or through the "Contact" section of our Website.
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.
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.
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.
Third-party rights in relation to our Website