Terms of UsePrivacy Policy

Terms of Use

Last Updated: November 16th, 2022

Thank you for using the LISTED software and services, which are provided through our website and mobile app (collectively, the “Service”).

The Service is owned and operated by Listed Technologies Inc. (“LISTED”, “we”, “us”, “our”), based in Toronto, Ontario, Canada

Please read these Terms of Use (the “Terms”) carefully. The Terms are a binding agreement between you and LISTED and apply to your use of our Service. By using our Service, you are agreeing to these Terms and are consenting to our treatment of your Personal Information and Technical Information as described in our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, please do not use our Service.

You affirm 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, abide by and comply with these Terms

We make no representation that the information contained in the Service or your access to the Service is appropriate for you. You are responsible for compliance with local laws that apply at your point of access.

We reserve the right to modify these Terms or any additional terms that apply to our Service to, for example, reflect changes to the law or changes to our Service. You should review these Terms regularly. We will post notices of material modifications to these Terms when they occur and will send you notice through the Service, via e-mail or by another appropriate means of electronic communication of any material change to the Terms, providing you with an opportunity to accept or reject the change. Material changes will become effective no sooner than thirty (30) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you should discontinue your use of the Service. Your continued use of our Service shall be deemed your conclusive acceptance of the modified Terms.

The LISTED Service

The LISTED Service allows you to simplify your real estate search by providing a fun, easy and useful real estate search tool. The Service allows you to perform personalized searches of real estate listings by participating brokers within your current or selected geographic location. The Service is available on a subscription basis for REALTORS® and free of charge to their clients. Consumers must have a relationship with a real estate broker in order to access the Service. The Service is not intended to solicit consumers already under exclusive contact with other brokerages. If you do not have a broker, a default system REALTOR® will be assigned to you, in order to provide you with access to the Service.

The information provided on the Service is from sources we consider reliable, but because it is supplied by third parties, we cannot guarantee that it is accurate or complete. All listing and other data is subject to changes without notices, and to errors and omissions. The data has not been, and cannot be verified by us.

You should use your own judgment regarding the merits of any data, individual, or entity that you find on or through the Service. In spite of our good faith efforts, we cannot and do not represent or warrant that any individual or entity whose services are promoted or offered on or through the Service is registered, licensed, qualified, or otherwise authorized or capable of performing any described services.

LISTED and its affiliates do not make any representations, warranties or assurances as to the timeliness, completeness or accuracy of the information provided by any real estate professional, real estate agent, broker, brokerage, affiliate, appraiser or other real estate- or real-property-related service provider on or through the Service.

Intellectual Property & Limited Licences

Limited Licence Granted to Users

The Service and all text, information, images, audio, video and other material (the “Content”) posted on or through the Service, are protected by copyright, trade-mark, and other intellectual property and proprietary rights laws. All Content posted on or through this Service, remains the intellectual property of its owner(s), and is made available on or through the Service solely for your own personal, non-commercial, lawful use.

Provided you adhere to these Terms (including, without limitation, the terms and conditions set out under the heading “Restrictions on Use of the Service” and “Uploaded Content”), LISTED grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service.

You may only copy and store Content on your own computer for your personal, non-commercial home use, and you may not copy, share, modify, translate, license or sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any Content to another recipient or otherwise use the Content for any other purpose.

We reserve all rights not expressly granted to you in these Terms. We may terminate this license at our sole discretion, at any time for any reason or no reason.

Your unauthorized use of the Service may violate applicable laws and we reserve all rights to pursue any remedy we may choose to the fullest extent permitted by law.

Limited Licence Granted to LISTED for Your Uploaded Content

With respect to Content that you upload, post, transmit, distribute or otherwise disseminate or make available on or through the Service (your “Uploaded Content”), you irrevocably grant LISTED a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable right and license (without obligation) to use, distribute, reproduce, encode, modify, adapt, edit, display, exhibit, publish, translate, publicly perform, communicate, publicly display your Uploaded Content, and to incorporate such Uploaded Content into other works, in any format and through any media platform, whether now known or hereafter invented, including, without limitation, by way of the Service. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Uploaded Content.

You irrevocably waive your moral rights in favour of LISTED with respect to your Uploaded Content, in connection with our exploitation of the rights granted to us in these Terms.

Restrictions on Use of the Service

We reserve the right to restrict access to certain areas of the Service at our own discretion. To use certain aspects of the Service, you must register for an account on the Service (your “Account”). You must provide accurate and complete information and keep your Account information updated. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You should never publish, distribute or post login information for your Account. All personal information provided in connection with your Account and your use of the Service is dealt with in accordance with our Privacy Policy.

As an essential condition of your use of our Service, in addition to the representations and warranties with respect to any content you add to the Service (as set out below under the heading “Uploaded Content”), you agree that you will not:

  • use the Service for any commercial means;
  • use any process or means, whether automated or manual, to capture data of any other user of the Service for any reason;
  • use the Service to engage in unauthorized commercial communications or to “spam” other users;
  • impersonate any person or entity, including, but not limited to a LISTED representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • copy, scrape, modify, or distribute all or part of the Service for any purpose;
  • access, tamper with, or use non-public areas of the Service, our systems, or the technical delivery systems of our service providers;
  • use any process or code to damage, disable, impair, or otherwise attack the Service or the networks connected to the Service;
  • decompile, reverse-engineer, disassemble, or create derivative works of the Service;
  • make the functionality of the Service available to multiple users through any means; or
  • use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

You agree to comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities with respect to the Service. You also agree to immediately notify us if you learn of a security breach or other illegal activity on the Service.

You acknowledge and agree that LISTED can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you, in order to prevent or remediate any violations and to enforce these Terms.

Uploaded Content

You are responsible for all your Uploaded Content added to the Service. You acknowledge, represent and warrant to LISTED that:

  • you have the full intellectual property rights and have obtained the full written consent of all owner(s), creator(s) and participant(s) in connection with your Uploaded Content and all underlying rights and permissions necessary to post or upload the Uploaded Content to the Service;
  • you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your Uploaded Content to use his/her name and/or likeness;
  • you will not upload or post any Uploaded Content that infringes upon any of the rights of any third party, including, without limitation, copyright, trademark and other intellectual property rights, rights of publicity or privacy, or otherwise violates these Terms or any law or regulation;
  • you will not add Uploaded Content that is sexually explicit, obscene, pornographic, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, or is otherwise objectionable, offensive, inappropriate or unlawful;
  • you will not add Uploaded Content that implies or suggests an endorsement by us;
  • all audio or video Uploaded Content will be limited in duration;
  • your Uploaded Content shall not contain advertising, a solicitation of funds, or a solicitation for goods or services unless written authorization is granted by us.

You will be solely responsible for any Uploaded Content that you make available through the Service, and any liability resulting from its use as contemplated in these Terms. You will also be liable for any costs, losses or damage resulting, directly or indirectly, from your making any Uploaded Content available on or through the Service.

You acknowledge that LISTED may or may not monitor or control all Content, including your Uploaded Content, added to the Service to ensure that these Terms are being adhered to. LISTED does not support or guarantee the accuracy of any Content on the Services. You understand that you may be exposed to Content posted by others that might be offensive, harmful, inaccurate or otherwise inappropriate.

If we become aware of any Uploaded Content you add to the Service that is in breach of the Terms, we can choose to remove such Uploaded Content and/or disable your Account and access to the Service, if we determine in our sole discretion that such action(s) is appropriate.

Links to Other Websites or Apps

Our Service may provide links or references to websites or apps operated by third parties. Those third party websites or apps are not governed by these Terms but by other policies that may differ from these Terms. In visiting any third party websites or apps, you do so at your own risk and you assume all responsibility in that regard. We make no representations or warranties regarding, and do not endorse, any third party website or app or any content in such website or app. We encourage you to review the terms of use of each website or app you visit before using them.

Non-Solicitation Policy

In your communications with us or postings on the Service, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”). We will be free to use or copy all or a portion of any Unsolicited Ideas and Materials you post on the Service or send to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.

Termination

These Terms shall continue indefinitely until terminated by you or us in accordance with these Terms or applicable law. We may discontinue all or any part of the Service at any time in our sole discretion. We may discontinue, or terminate your access to, the Service or any portion of the Service, at any time without notice to you. Our discontinuance of your access to the Service may result in the removal or deletion of your Uploaded Content. You are responsible for maintaining any required back-up copies of such Uploaded Content. LISTED will not be liable to you with respect to its deletion of any Uploaded Content.

Disclaimer of Warranties

The Service, including all Content, is provided on an “as is” basis. We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using it. Other than as expressly set out in these Terms or additional terms provided at the time you sign up for our Service, neither LISTED nor our shareholders, affiliates, related companies and each of their directors, officers, employees, consultants or agents make any specific promises about the Service. For example, we do not make any commitments about the accuracy, timeliness, reliability, truthfulness or completeness of the Service or the Content contained in or accessed through the Service; the specific function of the Service; or its reliability, availability, or ability to meet your needs.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

Liability for our Service

We do not represent that the Service or your access to and use of the Service will be uninterrupted, error free, or free from defects, viruses or other harmful components. Just like any other website or app you use, when you access our Service, you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You expressly agree that use of the Service is at your sole risk. You should take any necessary precautions before you access our Service in respect of any such potential risks.

To the greatest extent permitted by law, LISTED will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary, or punitive damages resulting from use of the Service.

Where permitted by law, the total liability of LISTED for any claim under these Terms, including for any implied warranties, is limited to the amount you have paid us to use the Service.

In all cases, LISTED will not be liable for any loss or damage that is not reasonably foreseeable.

If you are dissatisfied with the Service or do not agree with these Terms, your sole and exclusive remedy is to discontinue using the Service.

Indemnification

To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless LISTED, our affiliates, licensors, related companies and each of their directors, officers, employees, consultants or agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Service; your Uploaded Content and the placement or transmission of any Content or any of your Uploaded Content on the Service made by you or others using your user name and password; or your breach of the Terms. We will provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding. You shall not in any event settle any matter without the prior written consent of LISTED or our affiliates, licensors or related companies. You will co-operate as fully as reasonably required in the defense of any claim.

Internet Data Exchange and other Virtual Office Website Features

These terms apply to the Internet Data Exchange (“IDX”) and Virtual Office Website (“VOW”) features of the Service, which provide listing data from various real estate boards/associations and their members. You agree and acknowledge that:

  • you have received, read and understood the agency disclosure document provided to you by your real estate representative for your respective province, that you have had the opportunity to discuss such document with them, and you accept declare that the only relationship sought with LISTED is as a consumer, not a client;
  • these Terms do not create an agency relationship or representation agreement between you and LISTED;
  • these Terms do not impose any financial obligations on you for services;
  • all data obtained from the Service is intended only for your personal, non-commercial use;
  • you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered through the Service;
  • you will not use, copy, print, or save any of the data on the Service other than for conducting your due diligence for the prospective sale, purchase or lease of a real estate property, which is your only permitted use of the data on the Service;
  • you recognize the validity of, and will respect the ownership of, the proprietary rights and copyrights of the listing data provided by, and the MLS® System of, each respective real estate board/association;
  • you consent that some personal information (name, phone number, email address, and other) may be collected by the Service prior to you being granted access to certain information on the IDX or VOW features of the Service, in order to satisfy LISTED’s compliance with the rules, regulations, policies, and by-laws of the various boards/associations providing the listing data;
  • your personal information may be shared with the real estate boards/associations, or their authorized representatives, providing data to the Service for the purpose of auditing and monitoring LISTED’s compliance with each respective board’s/association’s rules, regulations, policies and by-laws, the security of the data and other legal purposes, related to the use of the boards’/associations’ data;
  • by accepting these Terms, you are NOT acquiring a right or licence to, and are prohibited from, either directly or indirectly, collecting, copying, displaying, posting, transferring, “scrapping”, “data mining”, saving, storing, selling, manipulating, disseminating, distributing/redistributing, retransmitting, reproducing, publishing, broadcasting, sharing, licensing or sublicensing any of the data on the Service or in emails from us to another individual, entity via any means or medium;
  • though all information presented on the Service is deemed to be from reliable sources, neither LISTED, nor the real estate boards and/ or associations providing listing data to LISTED, nor third party information providers, assume any responsibility for, and make no guarantee as to, the accuracy of the information provided on the Service. No information should be relied upon without being independently verified by you with the assistance of professionals as required;
  • some of the information contained on this Service is based in whole or in part on information that is provided by members of The Canadian Real Estate Association (“CREA”), who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members, such as LISTED and assumes no responsibility for its accuracy;
  • neither LISTED nor any board/associations shall 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 use or reliance on the listing information/data, any related data, and/or posted or hyperlinked comments or reviews.

Entire Agreement, Choice of Laws

The Terms, including the Privacy Policy and any rules, policies, guidelines or other agreements posted on the Service by LISTED, are the entire and exclusive agreement between LISTED and you regarding the Service. These Terms supersede and replace any prior agreements, whether oral or in writing, between LISTED and you regarding the Service.

No waiver by LISTED of any breach or default of these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained in these Terms shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions of these Terms.

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to rules relating to conflict of laws. Any action relating to the Terms must be brought in Toronto, Ontario, Canada and you irrevocably consent to the jurisdiction of such courts

The parties have agreed that this contract and all related documents be drafted in English. Les parties aux présentes ont demandé et convenu que le présent contrat et tout document y afférent soient rédigés en anglais.

Disclaimers

REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to The Canadian Real Estate Association (CREA). These certification marks identify real estate professionals who are members of CREA and who must abide by CREA’s By‐Laws, Rules, and the REALTOR® Code. The MLS® trademark, Multiple Listing Service® and the MLS® logo are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. Used under license. The Service is not intended to solicit consumers already under exclusive contact with other brokerages.

Contact Information

To contact LISTED in connection with these Terms or the Service, please email us at brea@listed.inc or call us at (416) 566-5606.

Updates

  • November 16th, 2022: Changed business name of Real Estate Dot Love Inc. to Listed Technologies Inc.