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TERMS OF USE
 
All websites, mobile enabled websites, mobile applications, and domains operated under Realstar Corp. (the “Sites”) are the property of Realstar Corp. (“Realstar,” “we” or “us”), including www.realstar.ca. You agree to the following Realstar Terms of Use (“Terms of Use”), in their entirety, when you access or use our Sites, namely the Sites’ products, services and various interactive features including applications submitted in connection with leasing of rental properties (collectively, the “Services”).  The Sites are operated by Realstar for the benefit of all Realstar managed properties (the “Realstar Managed Properties”). 
 
1. Scope. These Terms of Use are inclusive of the Realstar Privacy Policy and any and all other applicable Realstar operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. The Agreement constitutes the entire and only agreement between you and Realstar with respect to your use of the Services and/or Sites and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, Sites, the content contained therein and/or the products, services and/or programs provided by or through same. By accessing the Sites, you understand and agree that you may be waiving rights with respect to claims that are at this time unknown.
 
2. Modification. To the extent permissible by applicable law, we may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Sites, and you should review the Agreement prior to using the Sites and/or Services. By your continued use of the Sites and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time. 
 
3.   Registration. In order to obtain access to the subscription-based Services, you must first submit the applicable registration data, which may include some or all of the following: (a) your full name; (b) e-mail address; (c) billing address; (d) daytime, evening and/or cellular telephone numbers; (e) date of birth; (f) screen name; (g) secret question and answer; (h) credit card information; and/or (j) any other information requested on the applicable form (collectively, “Registration Data”).   
 
You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. You can change the user name and/or password that you selected during registration at any time through your specific account (“Account”) settings. You are responsible for maintaining the confidentiality of your Account, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur through use of your Account.
 
4. Services. An Account will enable you to utilize the Sites’ many Services and other features including, but not limited to, the submission of applications for the lease of rental properties (the “Content”). To the extent permissible by applicable law, you understand and agree that Realstar and any owner of a Realstar Managed Property is not responsible or liable in any manner whatsoever for your inability to use the Services or any matter relating to the Content.
 
5. Disclaimers. The Services and/or the Sites may contain Content provided directly by other third parties, and not Realstar. Such Content and/or other information should not necessarily be relied upon.  Realstar and any owner of a Realstar Managed Property does not represent or warrant that the Content made available by and through the Services and/or the Sites is/are accurate, complete or appropriate. To the extent permissible by applicable law, you understand and agree that Realstar will not be responsible for, and Realstar undertakes no responsibility to monitor, or otherwise police, such Content. To the extent permissible by applicable law, you agree that Realstar and any owner of a Realstar Managed Property shall have no obligation and incur no liability to you in connection with any such Content made available by and through the Services and/or the Sites by third parties. 
 
6. Fees. Upon paying for any Services, or credit or debit card that you provided during registration or updated at a later date, or any other banking information which you provide online or via pre-authorized debit, as the case may be, you will be charged the applicable amount depending on our then-current fee structure. All fees are payable in Canadian currency. Subject to the conditions set forth herein, you agree to be bound by the billing provisions of Realstar and any owner of a Realstar Managed Property in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Realstar and any owner of a Realstar Managed Property,reserves the right to change its billing provisions whenever necessary, in its sole discretion. Continued use of the Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification. 
 
Authorization to provide and bill for the Services by Realstar or any owner of a Realstar Managed Property is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency.

*Dimensions for typical floor plans are approximate and not exact. Actual suite layout, size, finishes & specifications may vary from the example shown online. Prices, incentives and special offers are valid for new residents only. Pricing and availability are subject to change at any time. E. & O.E.

7. Cancellation of Account / Dormant Accounts. You may cancel your Account at any time if you are not completely satisfied, by using the cancellation methods provided on the Sites. You understand and agree that cancellation of your Account is your sole right and remedy with respect to any dispute with Realstar. Upon any termination and/or cancellation of your subscription, your license grant, as set forth in Section 8 below shall immediately terminate.  If you do not sign in or access your Account, or there is otherwise no activity involving your Account, within any consecutive 12-month period, we reserve the right to cancel your Account immediately upon providing written notice to you.
 
8. License Grant. As a User of the Sites, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Content in accordance with the Agreement. Realstar may terminate this license at any time for any reason. Unless otherwise expressly authorized by Realstar, you may only use the Content for your own personal, non-commercial use. No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Content and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Content. You may not use the Content in conjunction with any other third-party content. You may not exploit any aspect of the Content for any commercial purposes not expressly permitted by Realstar.     
 
9. Proprietary Rights. All Content is owned or licensed by or to Realstar, and is protected under applicable copyright, trade-mark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Content may be reproduced, retransmitted, sold, rented, distributed, published, uploaded, posted, publicly displayed, altered to make new works, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Realstar’s prior written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trade-marks with respect to any of the Content. The posting of information or material at the Sites by Realstar does not constitute a waiver of any right in or to such information and/or materials. Realstar reserves all rights not expressly granted hereunder. The “Realstar” name and logo are trade-marks of Realstar Holdings Partnership. All custom graphics, icons, copyright, trade-marks and trade names are the property of their respective owners. The use of any Realstar trade-mark without Realstar’s express written consent is strictly prohibited.
 
10. Indemnification. To the fullest extent permissible by applicable law, you agree to indemnify and hold Realstar, its partners and affiliates, and each of their respective officers, directors, employees, agents, co-branders, content licensors, other partners and/or individuals engaged in the development, production or distribution of materials for the Sites and any owner of a Realstar Managed Property, harmless from and against any and all claims, expenses (including reasonable legal fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Sites and/or Services in any way, whatsoever; (b) your breach of the Agreement; (c) any dispute between you and any content providers to the Sites (“Content Providers”) and/or other third parties; and/or (d) your violation of any rights of another individual and/or entity. 
 
11. Disclaimer of Warranties. REALSTAR AND ANY OWNER OF A REALSTAR MANAGED PROPERTY MAKES NO WARRANTY THAT THE SITES, SERVICES AND/OR CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITES, SERVICES AND/OR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. REALSTAR WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITES AND/OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REALSTAR OR CONTENT PROVIDERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. REALSTAR will not be liable for any injury or damage to a User’s or any other person’s computer related to or resulting from participating or downloading any material ON THE SITES.
 
12. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT REALSTAR AND ANY OWNER OF A REALSTAR MANAGED PROPERTY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITES, SERVICES AND/OR CONTENT; (B) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (C) ANY OTHER MATTER RELATING TO THE SITES, SERVICES AND/OR CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE REALSTAR AND ANY OWNER OF A REALSTAR MANAGED PROPERTY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITES, SERVICES AND/OR CONTENT MAY BE BROUGHT BY YOU OR REALSTAR MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. 
 
13. Legal Warning.  If you bypass or disable any portion of the Services, Sites or associated software including, without limitation, the operation of Realstar’s systems, or you attempt to circumvent or tamper with Realstar’s billing methods in any way, you are in violation of the Agreement and Realstar may suspend or terminate your Account without notice. Termination of your Account will not excuse you from any other liabilities that may result from your actions. 
 
14. Third-Party Websites.   The Sites and/or Services may provide links to other Internet websites and/or resources. Because Realstar has no control over such third party websites and/or resources, you hereby acknowledge and agree that Realstar is not responsible for the availability or contents of such third party websites and/or associated resources. Furthermore, Realstar does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from such third party websites or resources, or for any damages and/or losses arising therefrom.  
 
15. User Information. Except where expressly provided otherwise by us in the Agreement, and subject to the Realstar Privacy Policy, all Content, information, Registration Data and/or materials that you submit through or in association with this Sites shall be considered non-confidential. For a copy of the Realstar Privacy Policy, please Cliquer ici. By submitting such comments, Content, information, Registration Data or materials to us, you: (a) represent and warrant that Realstar’s use of your submission does not and will not breach any agreement, violate any law or infringe upon any third party’s rights; (b) agree that Realstar is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant Realstar all necessary rights, including a waiver of all copyright, trade-mark, privacy and moral rights, to use all Content, information, Registration Data and/or materials, in whole or in part, or as a derivative work, without any duty by Realstar to anyone whatsoever. 
 
16. Governing Law. The Agreement shall be treated as though it were executed and performed in Toronto, Ontario and shall be governed by and construed in accordance with the laws of the Province of Ontario (without regard to conflict of law principles).
 
17. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Realstar and it governs your use of the Services and Sites. To the extent that anything in or associated with the Sites and/or Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Realstar’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
 
18. Notice. Realstar may deliver notice to you under these Terms of Use by means of electronic mail, a general notice on the Sites or by written communication delivered by first class mail to your address on record in your Account.
 
19. Contact Us. If you have any questions about the Agreement or the practices of Realstar, please feel free to contact us at [email protected]