Terms & conditions
Last Modified: May 2018
In consideration for permitting you access to our website and online service, you agree as follows:
These terms and conditions (the "Terms") govern your access to and use of The Enginuity Group Corp.'s, ("we", "us" or "our") website ("Website") and online HoodQ™ service which includes the use of, among other things, Widgets, as defined below (the "Service"). Please carefully read these Terms before using the Website and Service.
THERE ARE TERMS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU.
BY USING OUR WEBSITE AND SERVICE, YOU, THE USER (HEREIN "YOU" OR "YOUR"), REPRESENT AND WARRANT THAT (1) YOU ARE OF THE AGE OF MAJORITY; AND (2) YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.
IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT AGREE TO THESE TERMS PLEASE STOP USING THE WEBSITE AND SERVICE AND CONTACT US IMMEDIATELY.
IF YOU ARE USING THE WEBSITE AND SERVICE ON BEHALF OF, OR IN THE EMPLOY OF AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP, ETC.), YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN SUCH A CASE, "YOU" AND "YOUR" WILL ALSO REFER TO THAT ORGANIZATION AND YOURSELF INDIVIDUALLY.
For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an express agreement between you and The Enginuity Group Corp.
Terms Apply to API Client Providers and Users
In some cases, we permit the use of our Application Programming Interface ("API") to certain individuals and businesses ("API Provider"). If you are an API Provider, you hereby consent to our API Terms, which are incorporated by reference.
You further agree that these Terms shall be binding on you if you are an API Provider, or if you are accessing our Service, data or information from an API Client hosted on a separate web domain.
AS OUR WEBSITE AND SERVICES CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS BY UPDATING THIS PAGE. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR SERVICE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU SHALL IMMEDIATELY STOP ACCESSING THE WEBSITE AND SERVICE.
About Our Website and Service
We own and operate, in conjunction with our contractors, the HoodQ™ Website and related Service. HoodQ™ is a Software as a Service ("SAAS") platform created specifically for the real estate market. We have compiled and curated data supplied by governments and licensed from private parties to make the data more accessible and useful by connecting it to residential and commercial real estate addresses across Canada and the United States.
On a subscription fee basis (as specified on the Website and updated or amended from time-to-time), we grant you access to our Website and online Service. You agree to pay the fees associated with your account and we reserve the right to change our fees as the Website and Service evolve.
Upon payment of your fees, whether monthly, annually, or biennially, we hereby grant you a worldwide, non-transferable, non-exclusive license to access the datasets on the Website and Service in accordance with these Terms, but reserve the right to revoke said license and your access to our Website and Service without cause or justification.
Additional terms, including but not limited to, subscription duration, price, account access and payment may be specified on the Website. Those terms, as amended from time to time, are hereby incorporated by reference and form part of this binding agreement.
FOR REAL ESTATE PROFESSIONALS
OUR SERVICE PERMITS YOU TO GENERATE WEB AND .PDF REPORTS WITH INFORMATION ON REAL PROPERTY ADDRESSES. YOU MAY CUSTOMIZE THE REPORTS WITH YOUR NAME, PHONE NUMBER, WEBSITE, ETC.
DISCLAIMERS ABOUT THE RISKS OF USING THE INFORMATION ON OUR WEBSITE AND SERVICE ARE POSTED ON THE WEBSITE AND IMPRINTED ON .PDF REPORTS CREATED FROM WITHIN YOUR ACCOUNT. YOU AGREE NOT TO REMOVE THE DISCLAIMERS.
YOU FURTHER AGREE TO EXPRESSLY INFORM ANY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO YOUR CLIENTS) OF THE DISCLAIMER AND THAT THEY ARE BOUND BY THESE TERMS IF THEY WISH TO RECEIVE THE INFORMATION. WHILE THE DISCLAIMER(S) ARE SUBJECT TO CHANGE, AT PRESENT, THEY READ:
DISCLAIMER: BY ACCESSING THIS INFORMATION YOU HAVE AGREED TO OUR TERMS OF SERVICE, WHICH ARE HEREBY INCORPORATED BY REFERENCE. THIS INFORMATION MAY CONTAIN ERRORS AND OMISSIONS. YOU ARE NOT PERMITTED TO RELY ON THE CONTENTS OF THIS INFORMATION AND MUST TAKE STEPS TO INDEPENDENTLY VERIFY ITS CONTENTS WITH THE APPROPRIATE AUTHORITIES (SCHOOL BOARDS, GOVERNMENTS, ETC.). AS A RECIPIENT OF THIS INFORMATION, YOU AGREE NOT TO HOLD US, OUR LICENSORS OR THE OWNERS OF THE INFORMATION LIABLE FOR ANY DAMAGES, HOWSOEVER CAUSED.
HoodQ™ Widget (Embed Your Reports)
Our Service also permits you to generate computer code to install the HoodQ™ website widget (“Widget”) on your own website.
You agree to ensure that all visitors to your website which hosts the Widget agree to these Terms prior to using the Widget and that each user on your website expressly consents to and acknowledges the disclaimer written above.
In using the Widget, you agree you will not:
Interfere or attempt to interfere in any manner with the proper workings of a Widget, or take any action that adversely affects the functionality or performance of the Website or Service provided by us;
Sell, lease, lend, convey, redistribute, or sublicense to any third party all or any portion of a Widget, the Website, or the Results without our express written permission;
Compromise the integrity of any results made available through a Widget;
Cache, store, retain, or in any way compile any copies or portion of any results by any means;
Use a Widget to intentionally encourage or promote copyright infringement or the exploitation of copyright- infringing materials;
Decompile, disassemble, or reverse engineer a Widget;
Use any means to scrape or mine the data or other content associated with a Widget, Website or Service;
Attempt to use a robot or script to repeatedly access or interface with the Widget or the Service;
Infringe upon our or any third party's intellectual property or privacy rights;
Alter or block any component of a Widget, including but not limited to copyright notice, disclaimers, logos, digital watermarks, links, images etc.
You are responsible for safeguarding the password you use to access the Website and Service and you agree not to disclose your password to any third party. You are responsible for any activity on your account, whether or not you authorized that activity. You must immediately notify us of any unauthorized use of your account.
Proprietary Rights Notices
Our Website and Service contain datasets licensed from private parties and government sources. You must attribute the source of the data in accordance with the licenses.
All other contents of the Website, Widget and Service are Copyright © The Enginuity Group Corp. and/or our independent providers of content ("ICPs") with all rights reserved. To access the source of the open government data you are required to contact the respective municipal, provincial, state, federal or international government agency.
You may only use our Website and collect information on our Website for lawful purposes. You may not use our Website, Widget or Service:
In any way that breaches any applicable local, national or international law or regulation;
To modify, reverse engineer, decompile or disassemble the Website or Service or take any measures to damage or replicate them;
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
To transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (i.e. spam);
To knowingly transmit any data, send, submit or upload any material that contains false information, viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, malware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or cause damage to our Website, Service or our hardware, including our servers; or
For your own commercial purposes by sublicensing any rights granted by these Terms or, in any way, sharing the benefit of your account with others. That is, your account is non-transferrable and may only be used by you.
You further agree not to copy, aggregate, database scrape or use in any fashion our copyrighted content, images and marks without our express prior written approval. You also agree not to aggregate, database scrape or use in any fashion information or datasets provided to us under the above referenced licenses.
Whether or not affiliated with sites that may be linked to our site (or host our Widget), we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We provide links and references to material on other websites not owned or operated by us. Links found on our Website, Widget and online Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
ACCEPTANCE OF RISK
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, DATA OR GRAPHICS PUBLISHED ON OUR WEBSITE, WIDGET AND SERVICE AS UPDATED FROM TIME TO TIME. EVERYTHING ON OUR WEBSITE, WIDGET AND PROVIDED AS PART OF OUR SERVICE OFFERING IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE DATA DISPLAYED ON THE WEBSITE, WIDGET AND SERVICE IS DERIVED FROM A VARIETY OF SOURCES, HISTORIC AND CURRENT. YOU AGREE THAT, WHILE WE STRIVE TO BRING YOU ACCURATE INFORMATION, WE DO NOT GUARANTEE THE ACCURACY, CURRENCY OR COMPLETENESS OF THE DATASETS AND OTHER INFORMATION POSTED ON THE WEBSITE OR MADE AVAILABLE THROUGH OUR ONLINE SERVICE, WIDGET OR OTHERWISE. YOU ARE NOT PERMITTED TO RELY ON THE CONTENTS OF ANY INFORMATION ON OUR WEBSITE, WIDGET OR SERVICE AND MUST TAKE STEPS TO INDEPENDENTLY VERIFY ITS CONTENTS WITH THE APPROPRIATE AUTHORITIES (SCHOOL BOARDS, GOVERNMENTS, ETC.).
YOU AGREE THAT, WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.
LIMITATION ON LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS), REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, WIDGET AND SERVICE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, EMPLOYEES, AGENTS SUPPLIERS OR LICENSORS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND SERVICE.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF OUR WEBSITE, WIDGET OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU (IF ANY) TO US OVER THE PRECEEDING TWO (2) MONTHS.
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PAYING USER, THE FEES PAID BY YOU, REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE, WIDGET OR SERVICE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
YOU AGREE TO INDEMNIFY US FOR ANY AND ALL CLAIMS BROUGHT AGAINST US BY YOUR CLIENTS OR THIRD PARTIES TO WHOM YOU OR A WEBSITE YOU CONTROL, SUPPLIES ANY INFORMATION, DATA, ETC. OBTAINED FROM OUR WEBSITE, WIDGET, SERVICE OR AN API CLIENT. THIS INDEMNIFICATION INCLUDES THE COST OF DEFENDING ANY LEGAL PROCEEDINGS AND ANY DAMAGES PAYABLE WHETHER BY SETTLEMENT OR JUDGMENT.
WE SHALL HAVE SOLE CONTROL OF THE DEFENCE TO ANY LEGAL PROCEEDING COMMENCED UNDER THE ABOVE PROVISION. HOWEVER, YOU SHALL NOT BE OBLIGATED TO INDEMNIFY US UNDER ANY SETTLEMENT MADE WITHOUT YOUR CONSENT, UNLESS YOU HAVE FAILED TO PAY THE ONGOING EXPENSES ASSOCIATED WITH DEFENDING THE PROCEEDINGS ON A MONTHLY BASIS.
Law of the Contract, Jurisdiction and Interpretation
This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, as it is applied to agreements entered into and to be performed entirely within such province. Any action you or any third party brings to enforce this agreement or, in connection with any matters related to the Website, Widget or Service, shall be brought only in the courts of the Province of Ontario, and you expressly consent to the jurisdiction of said courts.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Where a provision in these terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by a duly authorized representative of The Enginuity Group Corp.
You waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. You further waive any right to a trial by jury, should such a right exist in relation to any legal dispute connected to or in any way arising out of these Terms.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.
Though we would much rather you stay, you can stop using our Service at any time. We reserve the right to suspend your account or access to our Website, Widget and Service at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others' use. Your suspension or termination of your access to our Website, Widget and Service shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, settling disputes (including the jurisdiction and choice of law) shall remain binding.
Collection of Personal Information
To establish an account with us, we collect your personal information including, but not limited to, your:
IP address and location data;
Website statistics and analytics data regarding your use of the site;
Other types of raw data relating to how you interact with the Site - including, for example, your browser information and session duration;
Profile photos (where you elect to upload them);
Banking and credit card information.
The Use of Your Personal Information
The collection of your personal information is used to:
Promote our website and service offerings to you;
Support and improve the Website and Service we offer;
Provide customer support;
Communicate with you about your account;
Bill and collect money owed to us;
Pursue available legal remedies to us;
Send informational and promotional materials from us, our partners or third parties to you;
Enhance our Service offerings to you and offer you related products and services, whether by advertisements or otherwise; and
Personalize the production of a user's saved real estate searches to be sent to a user's clients (for example, we may collect your personal information and branding materials, including logos and trademarks, to be inserted into reports for your clients).
The Disclosure of Your Personal Information and Access to It
We may share your personal information with our employees who need to use that information in connection with one or more of the purposes for which that personal information was collected.
We also operate the Websites and Service in conjunction with our independent contractors. Our independent contractors may have access to your personal information in providing you with access to the Website and Service and in the course of undertaking maintenance to the Website and Service. We may use a variety of service providers in locations both inside and outside of Canada, which may make your personal information the subject of foreign laws and foreign legal proceedings.
We may also access and/or disclose your personal information if required or permitted to do so by law (for example, in order to comply with a legal requirement including but not limited to one imposed by a warrant, subpoena, court order or like instrument served on us or in urgent circumstances to protect the life, health or security of any person).
We may also disclose your personal information to our successors (if our company or the Service is acquired by another legal entity), or any assignee of our assets relating to the Website and Service.
WHILE WE TAKE MEASURES TO PROTECT YOUR PERSONAL INFORMATION, YOU AGREE THAT WE, OUR SUCCESSOR, ASSIGNS, EMPLOYEES, OFFICERS, DIRECTORS AND INDEPENDENT CONTRACTORS SHALL NOT BE LIABLE FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF.
Retention of Your Personal Information
We keep your personal information only for as long as it is required in accordance with the purpose for which it was collected. Consequently, there is no single retention period applicable to all instances of personal information collected by us.
Our Website and Service may place a "cookie" in the browser files of your computer. The cookie itself does not contain any personally identifying information. However, the cookie may enable us to relate your use of our Website to information that you have specifically and knowingly provided. By changing the settings in your web browser you can prevent cookies from being used, but doing so may interrupt the proper use of the Website and Service.