Terms of Service: Understanding Bob Odanovic’s Policies

Understand Bob Odanovic’s Terms of Service

This website is not intended to solicit consumers already under exclusive contract with other brokerages.

Terms of Use

Thank you for visiting, Odanovic.com, Brokerage website. Please read these Terms of Use (the Agreement) carefully before using the website. These Terms of Use also apply to data and services provided to you by email and via Odanovic.com, Brokerage mobile applications. By using the website and its mobile versions, and by subscribing to email services you agree to comply with the Agreement and confirm that you have a bona-fide interest in buying, selling, or leasing a residential property. If you do not agree to comply with the Agreement, you may not use the website or subscribe to email services from Odanovic.com, Brokerage, and you should leave the website immediately.

Odanovic.com, Brokerage, and its affiliates (collectively, we, us) reserve the right, at our sole discretion, to modify the Agreement at any time, and such modifications shall be effective immediately upon posting of the modified version on the website. You agree to review the Agreement periodically to be aware of such modifications, and your continued use of the website shall be deemed your conclusive acceptance of the modified Agreement.

About Odanovic.com, Brokerage Website

The website provides real estate related information to consumers and promotes and delivers services offered by Odanovic.com, Brokerage, and its affiliates.

The information provided on the website is from sources we consider reliable, but because third parties supply it, we cannot guarantee that it is accurate or complete and it should not be relied upon as such. All listing and other data is subject to changes without notices, and to errors and omissions. The data has not been and cannot be verified by us.

You should use your own judgment regarding the merits of any data, individual, or entity that you find on or through the website. In spite of its good faith effort, Odanovic.com, Brokerage does not represent or warrant that any individual or entity whose services are promoted or offered on or through the website is registered, licensed, qualified, or otherwise authorized or capable of performing any described services.

Odanovic.com, Brokerage, and its affiliates, do not make any representations, warranties, or assurances as to the timeliness, completeness or accuracy of the information provided by any real estate professional, real estate agent, broker, brokerage, affiliate, appraiser, or other real estate- or real-property-related service provider on or through the website, including without limitation any real property evaluation or other related services.

MLS ® and REALTOR ® Trademarks

REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to The Canadian Real Estate Association (CREA). These certification marks identify real estate professionals who are members of CREA and who must abide by CREA’s By-Laws, Rules, and the REALTOR® Code. The MLS® trademark and the MLS® logo are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. Used under license.

Liability and Warranty Disclaimer

The information contained on this website is based in whole or in part on information that is provided by members of The Canadian Real Estate Association, who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members and assumes no responsibility for its accuracy.

Website Ownership and Operation

The website is owned and operated by a Odanovic.com, Brokerage who is a member of The Canadian Real Estate Association and the Real Estate Council of Ontario (RECO) and is licensed to trade in real estate in the province of Ontario.

Copyright

The listing content on this website is protected by copyright and other laws, and is intended solely for the private, non-commercial use by individuals. Any other reproduction, distribution, or use of the content, in whole or in part, is specifically forbidden. The prohibited uses include commercial use, “screen scraping”, “database scraping”, and any other activity intended to collect, store, reorganize or manipulate data on the pages produced by or displayed on this website.

Proprietary Content

The website, and all content on the website, including, but not limited to text, information, images, illustrations, audio, video, visual user interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the website (the Content) posted on or through the website, are protected by copyright, trademark, and other intellectual property and proprietary rights laws of Canada and foreign countries.  All Content posted on or through this website, remains the valuable intellectual property of its owner(s), and is made available on or through the website solely for your own personal, non-commercial, lawful use. You agree to abide by all copyright notices, information and restrictions contained in or displayed herein and with any Content.

If you violate any part of these Terms, your permission to access the website automatically terminates and you must immediately destroy any copies you have made of the website.

Odanovic.com Trademarks

The trademarks, service marks, and logos of Odanovic.com, Brokerage used and displayed on the website and the Service are registered and unregistered trademarks or service marks of Odanovic.com, Brokerage, its affiliates, or its licensors. You acknowledge and agree that any and all trademarks, company names, trade names, logos, product names, services names, services marks, certification marks, or other indicia of source that are used by Odanovic.com, Brokerage, its affiliates or licensors on or in connection with the website and the Service, and all goodwill associated therewith (collectively, the “Odanovic.com, Brokerage Trademarks“) are and will remain the sole and exclusive property of Odanovic.com, Brokerage, its affiliates, its licensors, and their respective successors and assigns. All rights in and to the Odanovic.com, Brokerage Trademarks are expressly reserved by their owner(s). Nothing in these Terms gives you any right or license to use any Odanovic.com, Brokerage Trademark without the express written consent of its owner. Other company, product, and service names located on the website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Odanovic.com, Brokerage, the “Trademarks”).  The trademark Odanovic.com, Brokerage and the associated logos are owned by the Odanovic.com, Brokerage. 

Nothing on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website are prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Odanovic.com, Brokerage Trademarks inures to our benefit.

Elements of the website are protected by trademark, unfair competition, and other provincial and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

Data

You acknowledge and agree that any and all data, performance metrics, analytics, reports, know-how, or other information related to the functionality or performance of the website or the Service (collectively, “ Data“), regardless of how, when, or by whom they are created, are, will be, and will remain the sole and exclusive property of Odanovic.com, Brokerage, its affiliates, its licensors, and their respective successors and assigns. You further acknowledge and agree that the Data is an original compilation protected by copyright law, Odanovic.com, Brokerage has dedicated substantial resources to collect, manage and compile the Data, and the Data constitutes trade secrets of Odanovic.com, Brokerage. All rights in and to the Data, and the intellectual property in and related to the Data, are expressly reserved by their owner(s).

Adaptations

You acknowledge and agree that to the extent that you change, edit, adapt, update, modify, improve, create derivative works based on, combine, use, reproduce or otherwise exploit any Content, Odanovic.com, Brokerage Trademarks or Data, all works, materials, media and other results and proceeds authored, created, developed or otherwise produced as a result of or in connection with such activities (collectively, “Adaptations“) shall be the sole and exclusive property of Odanovic.com, Brokerage, its affiliates, its licensors, and their respective successors and assigns. To the extent that all right, title and interest in and to any Adaptations do not by operation of law vest in Odanovic.com, Brokerage, you hereby absolutely, irrevocably and unconditionally assign, transfer and convey, and agree to assign, transfer and convey your entire right, title and interest in and to the Adaptations to Odanovic.com, Brokerage or its respective designees, as we direct. You hereby waive absolutely, irrevocably, and unconditionally, in favour of Odanovic.com, Brokerage, its designees, affiliates and its respective licensees, any and all moral rights and other similar rights that you or your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the Adaptations, including any right to the integrity of the Adaptations, to be associated with it by name or pseudonym, and to control or restrain its use in association with any product, service, cause, or institution.

Legal

You affirm that you have attained the age of majority in the jurisdiction in which you are a resident, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

You may not use the website if you live in a jurisdiction where access to or use of the website or any part of it may be illegal. It is solely your responsibility to determine whether your use of the website is lawful, and you must comply with all applicable laws.

In cases where you have authorized a minor to use the website, you recognize that you are fully responsible for:

• the online conduct of such minor;
• controlling the minor’s access to and the use of the website; and
• the consequences of any misuse by the minor. You acknowledge that some of the areas of the website may contain material that is inappropriate for minors.

No Rights Granted in Intellectual Property or Content

Nothing contained on the website should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any copyrighted material, trade-marks, logos, or other names, or other intellectual property used on or in connection with the website, including, but not limited to, those identifying Odanovic.com, Brokerage and/or its affiliates, licensors and related companies, or their respective products and services displayed on the website, without the expressed written consent of the applicable rights holder. You do not acquire any ownership rights in any Content, nor are you granted any commercial, sale, resale, reproduction, licensing or sub-licensing, distribution, publishing, broadcast, transmission, performance, or promotional use rights with respect to the Content.

Your Limited Rights with Respect to Content

You may only copy and store Content on your own computer for your personal, non-commercial home use, and you may not copy, share, modify, translate, license or sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any Content to another recipient or otherwise use the Content for any other purpose. You are hereby advised that Odanovic.com, Brokerage and its affiliates and licensors will aggressively enforce their intellectual property rights to the fullest extent permitted by law.

Prohibited Use of the Website and Content

Your use of the website and the Content must comply with this Agreement, all applicable laws and all applicable Odanovic.com, Brokerage policies. Without limitation, you may not use the website to directly or indirectly:

• invade another person’s privacy or collect, disclose or store personal information about other persons (including telephone numbers, street addresses, email addresses, last names, etc.);
• “stalk” or otherwise harass another person;
• harm minors;
• unlawfully promote or incite hatred; or
• impersonate any person or entity, including, but not limited to a Odanovic.com, Brokerage and/or official, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Uploaded Content

Grant of Rights. With respect to Content that you upload, post, transmit, distribute or otherwise disseminate or make available on or through the website (your Contributions), you irrevocably grant us the world-wide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable right and license (without obligation) to use, distribute, reproduce, encode, modify, adapt, edit, display, exhibit, publish, translate, publicly perform, communicate, publicly display your Contributions, and to incorporate them into other works, in any format and through any media channel, whether now known or hereafter invented, including, without limitation, by way of the website. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Contributions.

Moral Rights Waiver. You irrevocably waive your moral rights with respect to your Contributions, in connection with our exploitation of the rights granted to us in this Agreement.

Prohibited Content. You will not upload, post, transmit, distribute, or otherwise disseminate or make available on or through the website any Content that:

1. is copyrighted, protected by trade secret or otherwise subject to third party proprietary or contractual rights, including privacy and personality/publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the Content and to grant us all of the rights granted herein;
2. is obscene, profane, defamatory, libelous, slanderous, fraudulent, deceptive, threatening, intimidating, pornographic, harassing, abusive, hateful, racially or ethnically offensive, encourages or assists conduct that would constitute a criminal offence, could result in civil liability, or is otherwise objectionable, offensive, inappropriate or unlawful;
3. implies or suggests an endorsement by us;
4. in the case of audio or video Content, is greater than ten (10) minutes in duration; or
5. contains advertising, a solicitation of funds, or a solicitation for goods or services unless written authorization is granted by us; or
6. otherwise violates this Agreement or any applicable municipal, provincial, federal, or international law, order, or regulation.

Third Party Clearances. You represent and warrant that you own or have secured all necessary licenses, rights, consents and permissions to use, and to authorize us to use, any trade-marks, copyrighted material or other intellectual property and/or proprietary material contained in your Contributions, and that you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your Contributions to use his/her name and/or likeness.

Removal of Content. Odanovic.com, Brokerage have no obligation to, and does not and cannot, monitor or review every item of Content that you and other users make available through the website, and Odanovic.com, Brokerage are not responsible for any of this Content. However, Odanovic.com, Brokerage obligation, reverses the right to investigate, monitor, delete and/or refuse to transmit, move, remove, edit, or refuse to post any material or information, in whole or in part, without notice to you, that we deem in our absolute discretion, unacceptable, undesirable or in violation of any law, regulation, contractual obligation or this Agreement.

Responsibility for Uploaded Content. You will be solely responsible for any Content that you make available through the website, and any liability resulting from its use as contemplated in this Agreement. You will also be liable for any costs, losses or damage resulting, directly or indirectly, from your making any Content available on or through the website.

Postings Non-Confidential. Any communications, comments, ideas, or concepts that you post to the website will be treated as non-confidential and non-proprietary and will not be protected under our privacy policy. You agree that Odanovic.com, Brokerage, and its affiliates are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Third Party Content

You acknowledge that, despite the prohibitions above, Content posted on the website by other end users, may contain inaccurate, inappropriate, offensive, or sexually explicit material, products or services and links to other websites. We do not have control over Content provided by third parties and assume no responsibility or liability for it. Content you access or transmit using the website is accessed and transmitted at your own risk.

Third Party Websites

Websites accessed via links or other means from the website have, unless otherwise indicated, been independently developed by third parties. The inclusion of any Content or links on the website should not be construed as an express nor an implied endorsement of any third-party products or services by us. We are not responsible for the Content or opinions expressed on any linked websites, and such websites are in no way investigated, monitored, or checked by us.

Linking and Framing

Unless otherwise agreed in writing by us, you may only provide a hypertext link to the website on another website, provided that (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks, as determined by us in our sole and absolute discretion; (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by us, as determined by us in our sole and absolute discretion; (c) the link, when activated by a user, must display the website full-screen and not within a “frame” on the linked web website; and (d) we reserve the right to revoke our consent to the link at any time in our sole discretion.

Security

You may be issued a unique username and password to access portions of the website. You are solely responsible for protecting your username and password. We are not liable for any claims, losses, actions, damages, suits, or proceedings relating to the sharing of your username and password with others. You agree to notify Odanovic.com, Brokerage immediately after you become aware of any unauthorized use of your username and password, and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.

Termination

This Agreement shall continue indefinitely until terminated by you or us pursuant to the provisions hereof or in accordance with applicable law. We may discontinue, or terminate your access to, the website or any portion of the website, at any time without notice to you. Our discontinuance of the website or any portion of the website may result in the removal or deletion of Content made available by you. You are responsible for maintaining any required back up copies of such Content. Odanovic.com, Brokerage will not be liable to you with respect to its deletion of any Content.

Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless Odanovic.com, Brokerage, their affiliates, licensors, and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of:

(a) your breach of any provision of this Agreement; or

(b) your use of the website, the Content, your contributions and the placement or transmission of any Content or any of your contributions on the website made by you or others using your username and password. Odanovic.com, Brokerage reserve the right, in their sole discretion and at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Odanovic.com, Brokerage or their affiliates, licensors or related companies. You will co-operate as fully as reasonably required in the defense of any claim.

Remedies & Recourse

If you are dissatisfied with the website or with this Agreement, your sole and exclusive remedy is to discontinue using the website.

Odanovic.com, Brokerage reserve the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular IP address to the website or any part thereof.

Contact

To contact Odanovic.com, Brokerage in connection with this Agreement or website, send an email to bob@odanovic.com.