TERMS OF USE

Nationwide Realty Corporation (the “Company”) respects agency relationships. The Nationwide Realty Application (the “Company App”), social media (the “Nationwide Social Media”) and website (the “Nationwide Website”) are not intended to breach any agency relationship. If you are working with another agent, please do not download the Company App or engage with any of the Company’s agents through the Nationwide Website or Nationwide Social Media.

 https://www.bcfsa.ca/public-resources/real-estate/consumer-resources/consumer-guide-agency

https://www.bcfsa.ca/media/648/download

https://www.bcfsa.ca/media/714/download

https://www.bcfsa.ca/media/720/download

If above links does not work, please refer to BCFSA.ca for updated information.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE NATIONWIDE WEBSITE, NATIONWIDE SOCIAL MEDIA PLATFORM OR THE COMPANY APP. THESE TERMS WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOU MUST READ AND ACCEPT THE FOLLOWING TERMS BEFORE USING OUR PRODUCTS OR NATIONWIDE WEBSITE.

The following terms of service, together with any other documents, and/or additional terms and conditions listed on the Nationwide Website or otherwise incorporated by reference here, including but not limited to the legal notices, privacy policy and the listing terms of service (collectively, the "Terms of Use"), form a legal agreement between you, (“You,” “Your,” or “User”), the Company, any related mobile applications, our subsidiaries, and our respective affiliates (collectively, “Nationwide Realty Corp.,” “We,” “Us,” “Site,” “Website,” “App,” or “Our”).

The Company connects licensed real estate agents who are working as independent contractors with the Company (“Real Estate Agent(s)”) with people who are interested in real estate related business including buying, selling, leasing, or renting real estate properties (the “Services”). You do not have to be a buyer or seller to use the Services, you can also use the Services to access and view your property dashboard through our community content and listings and other data and information made available to users of the Services. If you are a licensed Real Estate Agent with another brokerage other than the Company, you must not use the Company App.

The term "you" or "User" refers to the buyers, sellers and any person, bot, or entity browsing, installing, downloading, accessing, or otherwise using the Company App and/or any of the Services. "Use" or "Using" in these Terms of Use will mean any of the foregoing.

BY USING THE COMPANY APP OR THE SERVICES IN ANY WAY OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO THE COMPANY IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT ACCESS OR USE THE COMPANY APP OR THE SERVICES. IF YOU ARE USING THE COMPANY APP OR THE SERVICES ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any offerings, products, services or otherwise. By accessing the Company App or the Services, you understand and agree that your personal information will be treated in accordance with the privacy policy found at https://nationwiderealty.ca/privacy.html.

TRADEMARKS

The trademarks MLS®, Multiple Listing Service® and the associated logos are owned by The Canadian Real Estate Association (CREA) and identify the quality of services provided by real estate professionals who are members of CREA. The trademarks REALTOR®, REALTORS® and the REALTOR® logo are controlled by CREA and identify real estate professionals who are members of CREA.

LISTINGS DISCALIMER

Properties may have been listed or sold by various agents of the Company. The Company App date and advertisements by any agent may not be representing the seller in that property. Pre sales are for informational purposes and not an offering for sale – a disclosure statement is required as per REDMA.

TERMS OF USE

Except where prohibited by applicable law, we reserve the right to change any element of these Terms of Use at any time. We may update this policy from time to time to reflect changes to our terms of use.  We will post any changes to the Nationwide Website and the Company App or via notification in app store or e-mail.  As a result, you should periodically review our policy for the latest information on our terms of use. We reserve the right to change the Company App, Nationwide Website and the Services terms of use at any time, without notice. We may, at our discretion, suspend your access to or use of the Company App, Nationwide Website, and any Nationwide Social Media platform or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; You may need to update third-party software from time to time in order to use the Company App or the Services.

RULES TO PARTICIPATTE

Users agree to the following rules to use the Company App or Nationwide Website or Nationwide Social Media platforms:

a)       do not upload to, distribute through or otherwise publish through the Company App, Nationwide Website or Nationwide Social Media any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law;

b)      do not use the Company App, Nationwide Website, or Nationwide Social Media platforms in any manner that could be offensive to other users, including but not limited to posting content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person;

c)       only use in a manner consistent with all laws and regulations and in accordance with these Terms of Use;

d)      do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity for any purpose;

e)       only submit content for which you have the copyright or other specific permission to distribute electronically;

f)       do not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights; and

g)      do not, without our express written approval, distribute or otherwise publish any content containing any solicitation of funds, advertising, or solicitation for the sale of goods or services, affiliate marketing offers, link referral codes, junk messages / chat / mail, "spam," chain letters or pyramid schemes.

AGE OF 13

The Company App, Nationwide Website and Nationwide Social Media are not intended for children under 13 years of age and we do not actively market the Services to individuals under the age of 13.  The Company does not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Company App or register for an account on the Company App, the Nationwide Website, or Nationwide Social Media forms. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.

User Login

To access certain features of the Company App, Nationwide Website, or Nationwide Social Media, you may be required to successfully sign up for a user account using the available interfaces of the Services, and establish login credentials (the "User ID"). If you establish a User ID, you will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person. You must provide us with true, accurate, current, and complete information for your User ID. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Company App, Nationwide Website or the Services.

We reserve the right to disable any User ID issued to you at any time at our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing the Company App, Nationwide Website, or the Services.

The Company is entitled to act on instructions received through your account. The Company is not responsible for any actions taken or transactions made to or from your account by any other party using your User ID. You are solely responsible for any and all use of your User ID and all actions and activities that occur under or in connection with the User ID. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Company and your account, including without limitation terminating your account or changing your password. You agree to be responsible for any act or omission of any users that access the Company App, Nationwide Website, or the Services under your User ID that, if undertaken by you, would be deemed a violation of these Terms of Use. If a username and password, or any other access credentials, are provided to you as the end user, it is your responsibility to keep such information confidential.

Accuracy

Any information relating to pre sales and pre-construction displayed on the Company App and Nationwide Website are only estimates and projections for informational purposes only.  No representation is being made that a performance record like the projected returns will or is likely to be achieved. These are not an offering for sale and a disclosure statement is required as per REDMA. All listing information posted on the Company App and Nationwide Website is from sources believed to be reliable, but should not be relied upon without independent verification. The Company claims no responsibility for its accuracy. All agents are independent contractors and the Company App, Nationwide Website and Nationwide Social Media is to facilitate users with our agents. 

Users hold harmless and indemnify the Company from all claims whatsoever. Users of the Company App and Nationwide Website can:

        i.            connect agent of the Company;

      ii.            search for properties; and

    iii.            analyze properties.

Real estate properties included in the listings are collectively referred to as "Homes," "Investments," or "Properties" or “Presales” or “Pre-constructions” or individually, a "Home," an "Investment" or a "Property", or a “Presale”, or a “Pre-construction” on the Nationwide Website and the Services and in these Terms of Use. Buyers can browse the listings and contact the Real Estate Agent via the Services if they are interested in buying a property included in a listing.

The Company is not responsible for any damage or harm resulting from your communication or interaction with Real Estate Agents, buyers or other third parties. We may, on a Real Estate Agent’s behalf, provide additional property information about a Real Estate Agent’s listing to buyers via the Services. The Company makes no representation that the additional property information provided is accurate or complete. With respect to a property which the buyer desires to purchase, the buyer represents that the buyer has reviewed and understands all information available on the Nationwide Website as to such property. Buyer also understands that any estimated financial information displayed on the Nationwide Website is based upon third party information which has been obtained by the Company and reasonable assumptions of the Company. Buyer further understands that any such financial information may not be accurate or complete and relies on such information at its own risk. Buyer understands and acknowledges:

        i.            that investing in real estate is risky and unpredictable;

      ii.            that the real estate industry has its ups and downs; and

    iii.            the property you purchase might not be able to be rented at amounts sufficient to cover your debt, expenses, and liabilities, and might not result in a positive cash flow.

Buyer further understands and acknowledges that the value of any property purchased may decline after you buy it and that future property values are unpredictable and may go down. Buyer also acknowledges and agrees that the Company is not an investment or tax advisor, and you must make your own investment and tax decisions either alone or with the assistance of professional investment and tax advisors.

You agree that any legal remedy or liability that you seek to obtain for actions or omissions of a Real Estate Agent or other third parties regarding listings or any purchase and sale agreement you enter into with a Real Estate Agent for purchase of a property, will be limited to a claim against the particular Real Estate Agent, seller or other third parties who directly caused you harm and you agree not to attempt to make a claim for damages or liability against the Company or an entity of the Company, or seek any legal remedy from the Company or an entity of the Company with respect to such actions or omissions. For additional terms regarding liability, please also refer to the paragraphs hereinbelow entitled "Indemnity" and "Limitation of Liability". We also encourage you to communicate directly with the Real Estate Agents regarding listings they have posted for their properties. You may also contact us and we will take any actions that we deem appropriate

The Company may from time to time recommend or feature certain third-party property managers, management companies, insurance brokers, mortgage brokers, real estate agents, or photographers and other service businesses (“Professionals”). You are free to use or engage such Professionals in your sole discretion and any decision to do so shall be at your own risk. The Company does not warrant or guarantee the performance or services provided by these Professionals and you shall look solely to the Professionals you have chosen to work with for recourse in the event of any failure to perform or damages caused by such Professionals.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, OR ANY CONTACT YOU HAVE WITH REAL ESTATE AGENTS IF YOU ARE A BUYER / SELLER, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU.

NEITHER THE COMPANY, ANY ENTITY OF THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, OR ARE HEREBY MODIFIED TO ADHERE TO THE LAW OF SUCH JURISDICTIONS.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

Class Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and the Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Dispute Resolution

Any dispute, controversy or claim arising out of or relating to this Terms of Use, or in respect of any legal relationship associated with or derived from this Terms of Use, including without limitation the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The number of arbitrators shall be one. The place of the arbitration shall be Vancouver, British Columbia, Canada. The language of the arbitration shall be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. These Terms of Use shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in that Province. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Either party may commence arbitration by providing to ICDR Canada and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”).

Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms of Use, the arbitrator will award to the prevailing party, if any, the costs, and legal fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.

The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an award or its enforcement, or unless otherwise required by applicable Laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by Law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.

Governing Law

The Nationwide Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing the Company App, the Nationwide Website or the Services, you agree that all matters relating to access to, or use of the Company App, the Nationwide Website, the Services, or any other hyperlinked website shall be governed by the laws of the Province of British Columbia and the federal laws of Canada as applicable and notwithstanding conflicts of law. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of British Columbia and acknowledge and do so voluntarily.