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Updated as of June 21, 2021
Thank you for visiting our www.assignaway.com You agree to the following Terms of Use ('Terms of Use'), which form a binding contract between you and us, when you: (a) access or use this website together with all of its services and tools (individually, the 'Website' and collectively the 'Websites'), (b) register as a user ('User') of the Website by submitting your information, which provides you with access to the Website’s services, the network of professionals, and various features, (c) access or use any software applications made available by us for use on or through computer and mobile devices (the 'App(s)'), and (d) access or use any other digital communications or content that we may publish, including advertisements that we may place on third party websites such as social media pages (collectively, the 'Services').
By using or accessing our Services in anyway, you agree and are subject to these terms.
1. Services. We provide Services that allow Users interested in purchasing assignments to gain access to information. To gain access to information about assignments and our network of professionals, you must submit certain personal information. This information will be used by us to assist you in the transaction process by communicating Listing Information to you and information about our network of professionals.
We emphasize that assignaway.com are not a party to any contract of sale that may arise between the buyer, seller, or any other third party concerning any of the properties contained in the Listing Information. Any agreement you enter into with any real estate professional, mortgage lender, service provider, or any other third party through the use of the Services will be strictly between you and such third party. You agree that you must evaluate and bear all risks associated with your dealings with any third party that is linked to, included in, or referred to by the Services. You agree and understand that your choice to deal with any member or affiliate of this site is done at your discretion and risk, and you will be solely responsible for such dealings.
2. Modification. To the extent permissible by applicable law, we may amend these Terms of Use from time to time in our sole discretion, without specific notice to you. The latest Terms of Use will be posted on the Website, and you should review these Terms of Use prior to using the Website, and/or Services. By your continued use of the Website, and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within these Terms of Use effective at that time. Therefore, you should regularly check these Terms of Use for updates and/or changes.
3. Responsibility for Content. The information contained on the Services, including the assignment Information and information concerning our network (the 'Content') is based in whole or in part on information that is provided by members of the website who are responsible for its accuracy..
Your access to all such information and Content is at your own risk. Neither we nor the website designers or service providers assume responsibility for any errors or omissions in the information or Content nor do we accept liability for any damage or loss that may arise from your use or access to it. You therefore agree to release the foregoing parties from any and all liability for you having accessed or not accessed Content through the Services.
The Website and Services may contain links or connections to third party websites and/or associated resources and services that are not owned or controlled by us. When you access third party websites or use third party services, you assume the full risk of doing so. You hereby acknowledge and agree that we are not responsible for the availability or contents of such third party websites and/or associated resources and services. Furthermore, we do not endorse, and are 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, resources or services, or for any damages and/or losses arising therefrom. By using the Services, you agree to release and hold us harmless for any and all liability arising from your use of any third party website or service.
In the event that you have a dispute with any other users or any third party in connection with the use of our Services, you hereby accept that we are under no obligation to become a party to the dispute and you release us, our directors, officers, employees, agents, and successors from all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
4. Registration. In order to obtain access to the Services and create your account ('Account'), you may be required to first submit certain information to us by our contact form. The registration data that you must supply may include, without limitation, some or all of the following: (a) your full name; (b) e-mail address; (c) telephone number; (d) username, (e) password, and (f) 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 are responsible for maintaining the confidentiality of your Account, username, password, and for restricting access to your computer and or devices, and you agree to accept responsibility for all activities that occur through use of your Account.
No user of this Website will ever be able to gain access to your personal information. We will only use your personal information and Registration Data for our communications with you. Your personal information and Registration Data may also be shared by us for auditing and/or legal purposes. Please refer to our Privacy Policy for further information.
You are not required to pay any fee for registration.
5. Our Communication with You. We may communicate with you to: (a) market Information to you, (b) connect you with real estate professionals, mortgage lenders, and other service providers, (c) notify you regarding your Account; (d) troubleshoot problems with your Account; (e) resolve a dispute; or (f) as otherwise necessary to service your Account or enforce these Terms of Use, applicable law, or any other agreement we may have with you.
BY SUBMITTING YOUR REGISTRATION DATA, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US at the email address and telephone numbers you entered into our contact form, or that you later provide us by amending your contact information on your Account’s 'subscriptions' page. These communications may include telemarketing messages, through the use of email, landline phone, cellular phone, and text messages. We may use an automatic telephone dialing system (or 'dialer'), which may employ an artificial or pre-recorded voice or 'robotexts'. In receiving these communications your carrier’s standard rates and charges may apply. The frequency of communications with you may vary as determined by the individual salesperson, realtor, or third party.
BY SUBMITTING YOUR REGISTRATION DATA YOU REPRESENT AND WARRANT THAT: (a) you are at least 18 years old, (b) you live in Canada, (c) you are not registered on Canada’s National Do Not Call List, (d) you are the account holder of the email address and phone numbers you provided in your Registration Data and you will inform us promptly if you release them to another individual, and (e) the email address and phone numbers that you provided are accurate and you will update them if necessary.
BY SUBMITTING YOUR REGISTRATION DATA YOU ACKNOWLEDGE AND AGREE to the following provisions related to compliance with Canada’s Anti-Spam Legislation ('CASL'), Canada’s Personal Information Protection and Electronic Documents Act ('PIPEDA') and provincial law including Alberta’ Personal Information Protection Act, British Columbia’s Personal Information Protection Act, and Quebec’s Act Respecting the Protect of Personal Information in the Private Sector:
(a) You agree to the provisions governing use and disclosure of personal information that are found in our Privacy Policy, and
(b) You agree that our communication with you will continue until you opt-out, which indicates you are no longer considering real estate opportunities.
YOU MAY REVOKE YOUR CONSENT TO RECEIVE COMMUNICATIONS AT ANY TIME by selecting 'unsubscribe' at the bottom of any one of our emails. We will make a commercially reasonable effort to comply with any communications from you opting out and we may take up to 30 days to stop communications with you. You consent to receive a final text message or email confirming your opt-out.
6. Acceptable Usage of Our Services. You may access and use our Services solely for viewing and posting assignment Information and communicating with real estate professionals, mortgage lenders, and other service providers for the purposes of your own personal, commercial and non-commercial interest in future assignment purchases.
You are solely responsible for all Registration Data that you contribute to the Services. You represent that all Registration Data submitted by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
If you share links to the Services, including the Assignmet Information and Content, you acknowledge that your posting of such content (including linking to our Services) is subject to all applicable international, federal, provincial, and local laws and regulations, as well as the terms and conditions of the website or platform to which you shared such content. You agree not to post, share or transmit any link to the Services in any way that violates such laws, regulations, terms and conditions.
7. Prohibited Uses of Our Services. As part of our Services, we may provide you with access to data, information, and content relating to the Assignment Information. You represent, warrant, and agree that you will not contribute any Registration Data or use the Services or Content in a manner that:
(a) violates any law or regulation;
(c) infringes or violates the intellectual property rights of anyone else, including us;
(d) infringes or violates the security of any computer network;
(e) threatens the security of any User’s account, including but not limited to any attempts to obtain the password or any other security information from any other User;
(f) is harmful, dangerous, deceptive, fraudulent, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(g) imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
(h) operates any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of them;
(i) probes, scans, or tests for vulnerabilities of our Services or any other websites or networks connected to them;
(j) modifies, adapts, or reverse engineers any aspect of our Services, including without limitation, all Content;
(k) removes any indications of ownership from any Content which came from our Services, or claim it as your own or as that of any other entity or individual;
(l) willfully corrupts any Content available through our Services;
(m) knowingly or recklessly transmits or distributes a virus into our network and computer systems; or
(n) assists, encourages, or permits any other person to do any of the acts described above.
Any violation of the forgoing in this Section shall constitute sufficient grounds for terminating your right to use or access the Services.
8. Disclaimers. The Services and/or the Website contain comments, opinions, advice, statements, offers, products, services, requests, solicitations and other information that is provided by members of the website and/or other third parties, as applicable, and not by us. Such comments, opinions, advice, statements, offers, products, services, requests, solicitations and/or other information should not necessarily be relied upon. Those other third parties are solely responsible for the accuracy, completeness, appropriateness or usefulness of such materials. We do not represent or warrant that the content, feedback, comments, opinions, advice, statements, offers, products, services, requests, solicitations and/or other information made available by and through the Services and/or the Website is/are accurate, complete or appropriate. You may find certain information, products and/or services as posted by third parties to be offensive, harmful, inaccurate and/or deceptive.
Decisions about the acquisition or disposition of Assignments interests are major financial decisions which should be made only after careful review, deliberation and due diligence. The information contained on the Services is offered as information only and not as financial, accounting, legal or other professional advice. Users of the Services should contact their own professional advisors for such advice. Please use caution, common sense and safety when using the Services and/or the Website.
You understand and agree that we will not be responsible for, undertake no responsibility to monitor, or otherwise police, such comments, opinions, advice, statements, offers, products, services, requests, solicitations and/or other information. To the extent permissible by applicable law, you agree that we shall have no obligation and incur no liability to you in connection with any such comments, opinions, products, services, requests, solicitations and/or other information made available by and through the Services and/or the Website by third parties.
You are solely responsible for your interactions with real estate professionals, mortgage lenders, service providers, and other third parties. In the event that you have a dispute with one or more third parties, to the extent permissible by applicable law, you hereby release us including, but not limited to, our officers, directors, website designers, service providers (including assignaway.com.), shareholders, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. We reserve the right, but have no obligation, to monitor disputes between you and other parties.
To the extent permissible by applicable law, you further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
9. Cancellation of Account. You may cancel your Account at any time if you are not completely satisfied with the Services. You understand and agree that cancellation of your Account is your sole right and remedy with respect to any dispute with us. Upon any termination and/or cancellation of your Account, your license grant, as set forth in Section 10 shall immediately terminate.
10. License Grant. As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website, Services and all other material, products and/or services posted or made available by and through same (collectively, 'Website Material') in accordance with these Terms of Use. We may terminate this license at any time for any reason. Unless otherwise expressly authorized by us, you may only use the Website Material for your own personal, non- commercial use. No part of the Website Material 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 Website Material and/or any portion thereof. You may not create any 'derivative works' by altering any aspect of the Website Material. You may not use the Website Material in conjunction with any other third-party content. You may not exploit any aspect of the Website Material for any commercial purposes not expressly permitted by us (including the bundled sale of such Website Material). Systematic retrieval of Website Material by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is strictly prohibited. You further agree to indemnify and hold us harmless for your failure to comply with this Section 10. We reserve any rights not explicitly granted in these Terms of Use.
11. Proprietary Rights. All Website Material is owned by, or licensed to, us, and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in these Terms of Use, no part of the Website Material may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without our prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Website Material. The posting of information or material at the Website by us does not constitute a waiver of any right in or to such information and/or materials. We reserve all rights not expressly granted hereunder. All custom graphics, icons and service names are trademarks of their rightful owners. All other trademarks are the property of their respective owners. The use of any of our trademarks without our express written consent is strictly prohibited.
12. Indemnification. To the fullest extent permissible by applicable law, you agree to indemnify and hold us, our parents, subsidiaries, affiliates, service providers and website designers (including AgentLocator Inc.) and each of their respective officers, directors, shareholders, employees, agents, co-branders, content licensors, other partners and/or individuals engaged in the development, production or distribution of materials for the Website or engaged in the administration or execution of any Service (collectively, the 'Website Parties'), 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 Website and/or Services in any way, whatsoever; (b) your breach of these Terms of Use; (c) any dispute between you and any Users and/or other third parties; (d) any claim that the Website Parties owe any taxes in connection with your use of the Website, and/or Services; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this Section 12 are for the benefit of the Website Parties. To the fullest extent permissible by applicable law, each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
13. Disclaimer of Warranties. THE WEBSITE, SERVICES, CONTENT, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE FOREGOING, ARE PROVIDED TO YOU ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE WEBSITE PARTIES MAKE NO WARRANTY THAT THE WEBSITE, SERVICES, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE FOREGOING: (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 WEBSITE, SERVICES, ASSIGNMENT INFORMATION AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE FOREGOING MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE WEBSITE PARTIES WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE, AND/OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE PARTIES OR ANY THIRD PARTY FEATURED AS PART OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE WEBSITE PARTIES 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 IN ANY EVENT.
14. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE PARTIES 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 (EVEN IF ANY OF THE WEBSITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, SERVICES, LISTING INFORMATION AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE FOREGOING; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, SERVICES, LISTING INFORMATION AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE FOREGOING. 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 THE WEBSITE PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF THE WEBSITE PARTIES TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE THE WEBSITE PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 14. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, SERVICES, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE FOREGOING MAY BE BROUGHT BY YOU OR THE WEBSITE PARTIES MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND THE WEBSITE PARTIES. ACCESS TO THE WEBSITE, SERVICES, LISTING INFORMATION AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE FOREGOING WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
15. Legal Warning. If you bypass or disable any portion of the Services, Website or associated software including, without limitation, the operation of our systems, or you attempt to circumvent or tamper with our Services in any way, you are in violation of these Terms of Use and we may suspend or terminate your Account without notice. Termination of your Account will not excuse you from any criminal or other civil liabilities that may result from your actions. We do not warrant that a User’s activities or the use of the Website are lawful in any particular jurisdiction and we disclaim all such warranties, including any express or implied warranty.
16. Accessing the Website and Services. You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Website and Services and for ensuring that such equipment and services are compatible with our requirements.
17. User Information. Except where expressly provided otherwise by us in these Terms of Use, and subject to our Privacy Policy, all comments, information, Registration Data and/or materials that you submit through or in association with this Website shall be considered non-confidential. By submitting such comments, information, Registration Data or materials to us, you: (a) represent and warrant that our 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 we are 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 us all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all comments, information, Registration Data and/or materials, in whole or in part, or as a derivative work, without any duty by us to anyone whatsoever. We do not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works and/or materials.
18. Legal Disputes
A. Governing Law
These Terms of Use 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).
B. Arbitration Agreement.
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 pre-existing, present or future) arising out of or relating to: (a) these Terms of Use; or (b) the relationships which result from these Terms of Use (collectively, the 'Claim') will be referred to and determined by a sole arbitrator (to the exclusion of the courts).
If you are a new user of our Services, you can choose to reject this Arbitration Agreement and 'opt-out' of this section by mailing us a written 'Opt-out Notice'. The Opt-out Notice must be postmarked no later than 30 days after the date you accept these Terms of Use for the first time. You must Email the Opt-out Notice to the following: info@assignaway.com (i) your name and residence address, (ii) the email address and/or telephone number associated with your Account, and (iii) a clear statement that you want to opt out of the Terms of Use’s Arbitration Agreement.
19. Miscellaneous. Should any part of these Terms of Use 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. These Terms of Use is personal between you and us and it governs your use of the Services and Website. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Our failure to enforce any provision of these Terms of Use 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 these Terms of Use. We may assign our rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of our successors, assigns and licensees.
20. Notice. We may deliver notice to you under these Terms of Use by means of e-mail to the e-mail address on record in your Account, or a general notice on the Website.
21. Contact Us. If you have any questions about these Terms of Use or our practices, please feel free to contact us at info@assignaway.com