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NSAR VOW terms of use · Schedule A · verbatim

TERMS OF USE — VIRTUAL OFFICE WEBSITE

READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. USING THE DATABASE MEANS THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

1. Agreement. The Nova Scotia Association of REALTORS® ("NSAR") has entered into an agreement with Lloyd Liu, Sutton Group Professional Realty (the "VOW" — Virtual Office Website). Under the terms of its agreement with NSAR, the VOW is permitted to make available to customers such as you access to certain information from NSAR's computerized database of real estate listings (the "Database") through a virtual office website. The Database forms part of a co-operative selling system (the "MLS® System") operated under the MLS® trade-mark, and constitutes a compilation of real estate listings within a specific geographic area, all rights in which are owned by NSAR. Each listing in the Database constitutes a compilation of text, photos, images and other geographic and property information (collectively, the "Content"). NSAR owns or licenses the Content and all software on which the Database operates (the "Software"), all of which is protected by American, Canadian and foreign intellectual property laws. As between the VOW and NSAR, NSAR retains full and complete title to the Content and the Software and all updates and subsequent copies regardless of the media or form in which the copies may exist.

2. Use of the Content and Related Matters. You: acknowledge that neither agreeing to be bound by the terms of this Agreement nor your use of the Database creates an agency relationship with the VOW; confirm that you have read the "Working with the Real Estate Industry" form; acknowledge you are a customer of the VOW; agree that you will use the Content only for your personal, non-commercial use; and confirm that you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered through the VOW.

3. Rights and Restrictions on Use. In consideration of your agreeing to be bound by the terms of this Agreement, the VOW grants you a non-exclusive, personal, non-assignable, non-transferrable, revocable license and right to use the Database for your own personal, non-commercial purposes (and not for the provision of service bureau or similar services to others). The Database and the Software include confidential information which you agree to keep strictly confidential. You will not: (a) use, copy, reproduce, redistribute, retransmit or transfer the Content other than as set out above, nor adapt, reverse engineer, decompile, disassemble, translate or modify the Database or the Software, nor create derivative works based on them; (b) remove or alter ownership, trade-mark or copyright notices embedded in or on the Content or the Software; (c) use, transfer, export or re-export the Content or the Software except as authorized and permitted by the laws and regulations of the jurisdiction in which you are using the Database, the United States and Canada; or (d) permit any third party to violate the terms and conditions of this Agreement. You acknowledge NSAR's ownership of, and the validity of the copyright in, the MLS® System.

4. Termination. This Agreement may be terminated by the VOW: (a) automatically, if you make an unauthorized transfer or unauthorized use of the Content, the Software or this Agreement; (b) if you fail to comply with any material provision of this Agreement and do not correct such failure within five (5) days after written notice is forwarded to you by email or ordinary mail; or (c) in the event of the liquidation or insolvency of, the appointment of a receiver or similar officer for, or the assignment for the benefit of creditors by either party, or the filing of a petition in bankruptcy by or against either party. Upon termination you will have no further right to use the Database, the Content or the Software.

5. Accuracy of Information. The Database relies on certain information supplied by third parties. NEITHER THE VOW NOR NSAR OFFERS ANY WARRANTY THAT THE INFORMATION IS ERROR FREE. YOU AGREE THAT NEITHER NSAR NOR THE VOW WILL BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM ANY ERRORS OR INACCURACIES IN THE DATABASE, THE CONTENT, THE SOFTWARE, OR INFORMATION SUPPLIED BY THIRD-PARTY SERVICE PROVIDERS. NSAR AND THE VOW SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY ACTIVITIES. YOU AGREE THAT NEITHER NSAR NOR THE VOW WILL BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE DATABASE.

6. Limited Warranty. NEITHER NSAR NOR THE VOW WARRANTS THAT YOUR USE OF THE DATABASE WILL BE ERROR FREE, VIRUS FREE OR SECURE. THE DATABASE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY ARISING FROM YOUR USE OF THE DATABASE, AND UNDERTAKE AND AGREE TO INDEMNIFY NSAR AND THE VOW FROM AND AGAINST ANY AND ALL CLAIMS MADE AGAINST EITHER OF THEM IN RELATION TO THE DATABASE AND ITS USE.

7. Limited Liability. NEITHER NSAR NOR THE VOW SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE DATABASE. The total liability of NSAR or the VOW shall not exceed the total amount paid by you, if any, under this Agreement.

8. Allocation of Risk. YOU AGREE THAT THE ABOVE WARRANTIES AND LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK AMONG THE PARTIES.

9. Indemnification. You hereby agree to indemnify, defend and hold harmless both NSAR and the VOW, their agents, servants and employees against any claim in excess of the limitations set forth in Section 7.

10. Common Intent. You specifically acknowledge and agree that the common intent of all parties and participants is to facilitate data access and exchange as set out herein, and that NSAR is providing all such information and data without any representations or warranties as to its accuracy.

11. Informed Consent. If you are not prepared to accept the risks described above, then you should not enter into this Agreement.

12. Privacy. Your name and email address are collected to register you as a user of this VOW, as the Association's rules require. We do not sell your information to anyone. The privacy commitments published on this site's About page apply to your registration.

13. General. This Agreement constitutes the entire agreement between you and the VOW with respect to the use of the Database. It is governed by the laws of the Province of Nova Scotia. Sections 1 through 11 survive the termination of this Agreement.

These Terms of Use impose no financial obligation on you, and create no representation agreement between you and the VOW.