TERMS OF USE & LEGAL DISCLAIMER
[INSERT BROKERAGE / AGENT LEGAL NAME]
Last Updated: [Insert Date]
1. Acceptance of Terms
This website and related services, including artificial intelligence tools, digital intake systems, MLS®/IDX listing displays, communication tools, portals, and related services (collectively, the “Services”), are operated by [Insert Brokerage / Agent Legal Name] (“we”, “us”, “our”).
By accessing or using the Services, you agree to be legally bound by these Terms of Use.
If you do not agree, do not use the Services.
2. Professional Identification & Regulatory Status
Legal Name: [Insert Brokerage / Agent Legal Name]
Trade Name (if applicable): [Insert Trade Name]
Province(s) of Registration: [Insert Province(s)]
Regulatory Authority: [Insert Regulator – e.g., RECO, BCFSA, OACIQ, etc.]
Brokerage Address: [Insert Address]
We are licensed to trade in real estate only in jurisdictions where properly registered.
Nothing on this website constitutes trading services in any jurisdiction where we are not authorized.
3. No Representation Relationship
Use of this website, including:
- Submitting contact forms
- Uploading documents
- Using AI chat or AI phone tools
- Requesting property information
- Scheduling showings
Does not create a buyer representation agreement or seller representation agreement.
A client relationship is formed only upon execution of a written representation agreement in accordance with applicable real estate legislation.
4. No Guarantee of Purchase, Sale, or Price
Nothing on this website constitutes:
- A guarantee of property availability
- A guarantee of purchase or sale
- A guarantee of listing price
- A guarantee of investment return
- A guarantee of closing
Real estate transactions are subject to:
- Negotiation
- Financing approval
- Inspection results
- Regulatory compliance
- Market conditions
Past sales results do not guarantee future outcomes.
5. MLS®, IDX & Listing Disclaimer
Property listings displayed may be sourced from MLS® or IDX systems.
MLS®/IDX data:
- Is deemed reliable but not guaranteed
- May not reflect real-time availability
- May contain inaccuracies or typographical errors
- Is provided for personal, non-commercial use only
We do not warrant the completeness, accuracy, or current status of listing information.
Users may not reproduce, redistribute, or use MLS® data for commercial purposes.
6. Artificial Intelligence & Automated Systems
We may use artificial intelligence systems, automated chat assistants, automated phone assistants, and related technologies (“AI Systems”) to assist with:
- Property inquiries
- General real estate information
- Appointment scheduling
- Administrative intake
- Document collection
Important Disclosure
AI Systems:
- Generate automated responses
- May contain inaccuracies or generalized information
- Do not replace licensed real estate advice
- Do not create representation agreements
- Do not bind the brokerage
Users acknowledge that:
- Automated responses should not be relied upon as professional advice.
- Final advice must be confirmed with a licensed representative.
- AI tools may be modified, interrupted, or discontinued without notice.
To the fullest extent permitted by law, we disclaim liability arising from reliance on automated outputs.
7. FINTRAC & Regulatory Compliance
We may collect and verify identification information in accordance with:
- Proceeds of Crime (Money Laundering) and Terrorist Financing Act
- FINTRAC obligations
- Provincial real estate legislation
Failure to provide required identification may prevent us from acting in a transaction.
8. User Responsibilities
You agree to:
- Provide truthful and accurate information
- Not submit fraudulent documentation
- Not misuse the website or AI tools
- Not interfere with system functionality
- Not use MLS® data for unauthorized purposes
Providing false information may constitute fraud and may be reported.
9. Electronic Communications & Document Transmission
By using the Services, you consent to electronic communications including:
- Portal communications
- SMS (where applicable)
- Electronic document exchange
Electronic transmission carries inherent risks.
We implement reasonable safeguards but cannot guarantee absolute security.
10. Third-Party Services
Our Services may involve third-party providers including:
- MLS® and IDX data providers
- Hosting providers
- Cloud storage providers
- Email systems
- AI systems
- Payment processors
We are not responsible for independent acts, decisions, or errors of third-party providers beyond our reasonable control.
11. Intellectual Property
All website content, branding, design elements, and software interfaces are owned by or licensed to [Insert Brokerage / Agent Legal Name].
MLS® data remains subject to applicable licensing rules.
Unauthorized reproduction is prohibited.
12. Limitation of Liability
To the fullest extent permitted by law:
We shall not be liable for:
- Indirect, incidental, special, or consequential damages
- Reliance on website information
- Reliance on AI-generated information
- MLS® data inaccuracies
- Market fluctuations
- Lost profits or investment losses
- Delays caused by third parties
Our total liability, if any, shall not exceed the amount paid to us directly in connection with the specific transaction giving rise to the claim.
Nothing limits statutory rights where prohibited by law.
13. Indemnification
You agree to indemnify and hold harmless [Insert Brokerage / Agent Legal Name], its brokers, salespersons, employees, and affiliates from claims arising from:
- Your misuse of the Services
- Your submission of inaccurate information
- Your violation of these Terms
- Unauthorized use of MLS® data
14. Force Majeure
We shall not be liable for failure or delay in performance due to events beyond our reasonable control, including but not limited to:
- System outages
- Regulatory changes
- Natural disasters
- Cyber incidents
- Third-party service interruptions
15. Governing Law
These Terms are governed by the laws of the Province of [Insert Province] and the laws of Canada applicable therein.
Disputes shall be resolved exclusively in the courts of that jurisdiction.
16. Optional Arbitration Clause
At our discretion, disputes arising from use of this website may be resolved through binding arbitration in accordance with the laws of the Province of [Insert Province].
Users waive participation in class proceedings to the extent permitted by law.