1. Legally binding contract
OSE Real Estate Coaching Inc., and OSE Analyzer Inc., including subsidiaries and affiliates of both companies (“OSE” or “Company” or “we” or “us” or “our”) provides this website and its integrated software (jointly referred to as “website”) to users (cumulatively referred to as “users’ “you” or “your” hereinafter) subject to the terms and conditions set out in these website Terms and Conditions, Privacy Policy (and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website (hereinafter referred to collectively as the “General Conditions”). By using the website, the user accepts these Terms and Conditions as well as the General Conditions. Variations, alterations, and modifications in the following Terms & Conditions shall only be binding upon OSE if agreed to in writing by OSE.
2. Information on site
While every effort is made to update the information and maintain the software contained on this website (hereinafter the “Software”), neither OSE nor any third party or data or content provider make any representations or warranties, whether express, implied in law or otherwise, as to the sequence, accuracy, completeness or reliability of information, opinions, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. OSE reserves the right at any time to change or discontinue without notice, any aspect or feature which constitutes a part of the Software or of this website. No information, nor the result of any calculation made by using this website, shall be construed as advice and such information and results are offered for information purposes only. If you find an error or omission on this site, please let us know.
3. Specific users only
OSE’s products and services are offered exclusively to end-users who are licensed real estate professionals and not resellers of any kind. Any use of the website that is not for internal purposes by the end user, as well as any resale of the services offered by the website, is prohibited. The user is allowed to use the OSE website only for internal purposes. OSE reserves the right to exclude resellers and to close their user accounts at any time, without compensation. Should end-user lose his licensed real estate professional status, this shall not constitute a cause for termination nor for any reimbursement.
4. One Registration
Each person may register only once, and all persons must keep their user credentials safe and secure, and may not hand out their password to any third party. The corresponding user password is to be kept secret by the user and we accept no liability or responsibility for other parties knowing, coming to know, or seeking to discover any user’s password. Each user is responsible for the use of his account.
5. Registration process
During the registration process, a user name is provided by OSE. User accounts are nontransferable. Any abuse of the user account, be it to the detriment of third parties or to the detriment of OSE, shall inevitably result in the disqualification of the user and the report of a crime. The user shall be liable for all activities that are undertaken using the user account together with the associated password.
6 .Sanctions
Should user be in violation of the present Terms and Conditions, OSE is free at any time to temporarily or permanently disqualify the user, or disable his account at any time, (“use sanctions”) at its sole discretion. OSE may also use sanctions when in the reasonable opinion of OSE a user has violated statutory provisions, the rights of third parties, or the General Conditions. Sanctions can also occur if OSE has another justified interest in such for the protection of other users or, among other reasons, to prevent manipulation or fraudulent behaviour. Any abuse of the user account, be it to the detriment of third parties, of any one or more users, or of OSE, may also result in the disqualification of the user and the reporting of a crime. OSE reserves the right in its absolute discretion to not accept users or to disqualify users from using all OSE services and is not liable for lost value or trouble caused by its users breaking these terms & conditions.
By registering with OSE, the user warrants and understands that he will be added to the OSE email newsletter list, and that he may receive promotional emails from OSE. The user may unsubscribe from the newsletter at any time, by simply clicking on the unsubscribe link in the newsletter emails sent to the user, or logging in to the site and changing their newsletter settings. OSE will never sell, rent or give the users email out to any third party without the permission of the user, subject to the applicable sections of the Privacy Policy.
7. Software License
Subject to the terms and conditions expressed herein, for the duration of the user’s subscription to the website and its services, OSE hereby grants user a temporary, nonexclusive, non-transferable and non-assignable licence to use the Software, in machine readable form.
8. Software Ownership
User acknowledges that no right, title or interest, other than the right to use the Software in the manner described on the website, is transferred by the present Terms and Conditions. User agrees that OSE is and shall remain owner of all copyright, trade secret, patent, trademark and other proprietary rights in and to the Software. The technical procedures, processes, systems, methods of operation, and concepts which are embodied within the Software are trade secret information of OSE and/or its licensor(s).
9. Prohibitions
User shall not attempt to modify, dismantle, or decompile or allow anyone to modify, dismantle, or decompile the Software or any portion thereof in any possible way. User further agrees that it shall not use the Software to assist in the development or design of a computer program that is intended to provide substantially similar functionality as the Software. The Software shall not be used to develop, nor shall user market, any conversion utility or aid specific to the Software enabling or facilitating users to convert from the Software or a database created by using the software to an alternative software or alternative database not marketed by OSE.
10. Security
To the extent possible in his role as a user, user shall ensure the security of the Software, as to physical and electronic intrusions. In particular, in order to protect the trade secrets included in the Software, user shall protect the areas of the user premises and computing infrastructure where the Software is accessible, so as to prevent unauthorised persons from gaining access and restrict access to those persons having a need to access the Software. Among other measures, user shall protect his user name and password to prevent unauthorized access to the Software.
11. Modifications
User shall not modify or prepare derived works or adaptations from the Software or the website.
12. Limitations of Use
You agree that, in using the website, you shall not commit or participate in any of the following acts or actions, each of which is expressly prohibited under these Terms and Conditions: directly or indirectly, use or access, or encourage, solicit, permit, facilitate, aid, or assist, including, but not limited to, the selling, licensing, distribution or provision to any person of any means that permit, the use or access, or agree to provide the use or access, of the website through any manual process or any automatic, electronic or technical device, including but not limited to automated scripts, robots, crawls, screen scrapers, web “bots”, deep-links, indexes, spiders, click-spams, macro programs, or any other device, program, software, system, algorithm, methodology or technology, now known or hereinafter discovered, that performs the same or a similar function, in order to, without limitation: “data mine”; “screen scrape”; data process; access, extract, copy, distribute, aggregate or acquire information; generate impressions or clicks; input or store information; search or generate searches; or manipulate or monitor any portion or content of the website; cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else that minimizes, covers, or otherwise inhibits the full display of the website; use or access our website in such manner, or otherwise take any action, that taxes our infrastructure to an unreasonable and disproportionate extent, or reduces the speed of the website, that otherwise interferes with the normal functioning of the website or otherwise abuses or overuses the website; circumvent, or attempt to circumvent, any measures or precautions taken by OSE to prevent the use or access of the website, or any other action, in violation of these Terms and Conditions;
13. Disclaimer of Warranty / Limitation of Liability
USER EXPRESSLY AGREES THAT USE OF THE OSE WEBSITE IS AT USER’S SOLE RISK. NEITHER OSE, ITS OWNERS, AFFILIATES, RELATED PARTIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE OPERATION OF THE OSE WEBSITE AND ITS INTEGRATED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE OSE WEBSITE AND ITS INTEGRATED SOFTWARE, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH THE OSE WEBSITE AND ITS INTEGRATED SOFTWARE. FURTHERMORE, OSE SHALL NOT BE LIABLE FOR FAULTY OPERATION OF ANY COMPUTER NOR OF THE INTERNET DURING USE AND FOR INCORRECT OR OVERLY SLOW TRANSMISSION OF DATA BY ANY INTERNET PROVIDER. ALTHOUGH OSE ATTEMPTS TO MAINTAIN THE WEBSITE IN AN OPTIMAL CONDITION, THE OSE WEBSITE AND ITS INTEGRATED SOFTWARE IS PROVIDED ON AN “AS IS” BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, OSE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED OR LEGAL, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, OSE’S CONDUCT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT OSE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. IN NO EVENT WILL OSE, OR ANY PERSON OR ENTITY, OTHER THAN USER, INVOLVED IN USE OF THE OSE WEBSITE AND ITS INTEGRATED SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY DECISION TAKEN BASED ON THE USE OF THE WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON OSE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER OSE, NOR ITS OWNERS, RELATED PARTIES, EMPLOYEES, AGENTS, AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED IN OR ON THE WEBSITE OF THOURGH THE USE OF THE INTEGRATED SOFTWARE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. ADDITIONALLY, THERE ARE NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS OF ANY DECISION TAKEN BASED ON THE USE OF THE INFORMATION AVAILABLE THROUGH THE OSE WEBSITE AND ITS INTEGRATED SOFTWARE. IN ANY EVENT, OSE’S LIABILITY SHALL NOT EXCEED THE AMOUNT SPENT BY A USER, IN RELATION TO THE WEBSITE, IN THE SIX MONTHS PRECEDING ANY CLAIM.
14. Exemptions
OSE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR ANY RELATED SERVICES PERFORMED BY OSE OR ANY OF ITS AGENTS OR SUBCONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY EXPLICIT OR IMPLICIT OR LEGAL WARRANTIES, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL OSE BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, CIVIL LIABILITY OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF REPRESENTATION OR WARRANTY OR OTHERWISE.
15. Hold Harmless
User shall indemnify and forever save harmless OSE, its partners, affiliates and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities, (including legal fees) which may be incurred by reason of or in connection with user’s use of this website, from user’s breach of any term of these Terms and Conditions, the General Conditions, or from any such acts arising through user’s use of any information provided through this website or the provision of any communications or other materials by user to the website.
16. Temporarily Halted Use
A system outage has occurred if the site or the software cannot be used due to an unforeseeable disruption in the system. With the currently available technology, it is not possible to develop and operate computer programs and data processing systems completely without errors, or to rule out any unpredictable events in connection with the internet. OSE, therefore, provides no guarantee for the constant and uninterrupted availability of its website, its integrated software and/or technical systems.
17. Force majeure
OSE shall not be liable for any loss, detention, default, damage, or delay in fulfilling the obligations under these Terms & Conditions or the General Conditions if such is caused by force majeure or resulting from conditions or causes beyond its reasonable control including, but not limited to, shortage of water, power, facilities, materials, and supplies, breakdowns in or the loss of production, acts of God, war, mobilization, strikes, lockouts, labour controversies, riots, fire, flood, explosion, governmental controls or regulations, embargoes, wrecks or delays in transportation, labour disputes, civil insurrection, civil or military authority, inability to obtain necessary labour, materials, or manufacturing facilities due to such causes or delays of subcontractors or suppliers in furnishing materials or supplies due to one or more of the foregoing causes.
18. Intellectual Property
The OSE trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of OSE. All other trademarks appearing on the website are the property of their respective owners and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the owner of the trademark. OSE is the owner or licensee of all intellectual property rights on the OSE website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved.
19. Applicable Law
These Terms & Conditions and your use of the website shall be governed by the laws applicable in the province of Quebec, without regard to their conflicts of laws principles, and the laws of Canada applicable therein. The parties hereto unconditionally attorn to the jurisdiction of the courts of the district of Montreal, Quebec, Canada, and all courts competent to hear appeals there from. The UN Convention on the International Sale of Goods shall not apply.
20. Protection of Data
The protection of your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy, which is hereby incorporated by reference into these Terms & Conditions.
21. External Links
Any links to third party websites on the OSE website are provided solely as a convenience to users. If users use these links, they will leave the OSE website. OSE has not reviewed all of these third party websites and does not control and is not responsible for any of these websites or their content. Therefore, OSE does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If users decide to access any of the third party websites linked to the OSE website, they do this entirely at their own risk. OSE cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.
22. Respect of Laws
The user agrees to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this website. The user may only participate in and on the website if it is legal for him/her to do so according to the laws that apply in the jurisdiction from which he/she is connecting. In addition, while using the OSE website, users shall comply with generally accepted Internet standards and shall refrain from any abusive use of the Internet in accordance with these Terms and Conditions or the General Conditions as modified from time to time. The user understands and accepts that OSE is unable to provide him with any legal advice or assurances on this point and that it is the user’s sole responsibility to ensure that at all times he complies with the laws that govern him and that he has a complete legal right to use the website.
23. General
These Terms & Conditions are binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these Terms & Conditions or any of their rights or obligations without OSE’s prior written consent.
OSE may revise these Terms and Conditions or any part of the General Conditions at any time by updating their posting. You should visit the various pages of the General Conditions from time to time to review the then-current Terms because they are binding on you and your continued use of the Website signifies your acceptance of these revised Terms. All users will be subject to all legal conditions (Terms and Conditions, General Conditions, Privacy Policy etc.) in force at the time that they use the OSE website, unless any change to such conditions is required to be made by law or governmental authority or OSE notifies its users of the changes to such conditions (in which case OSE has the right to assume that all users have accepted the changes to the conditions unless notified to the contrary with 7 working days by the user).
User is encouraged to print one copy of these Terms & Conditions as well as of the General Conditions. User may also download extracts of pages of this website for personal reference only. Users may not modify any paper or digital copies of any materials printed or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics on or from OSE separately from any accompanying text, and must credit OSE for the material used.
These Terms & Conditions and the General Conditions and any operating rules established by OSE constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, a renounciation to invoke such default or breach at a later date.
The section headings used herein are for convenience only and shall not be given any legal import and shall not affect the construction or interpretation of these Terms & Conditions. Unless otherwise specified in these Terms & Conditions, words importing the singular include the plural and vice-versa, and words importing gender include all genders. If any provision of these Terms & Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability attaches only to such provision and everything else in these Terms & Conditions continues in full force and effect.
In case of discrepancy between the French and English versions of these Terms and Conditions, the Privacy Policy or any part of the General Conditions, the French or the English version shall prevail depending on the language of choice on record on the OSE database.
