By accessing any applications accessible through The Canadian Real Estate Association (CREA) National Authentication Facility (NAF), including but not limited to www.REALTORlink.ca, member.realtor.ca and WEBForms^® (each referred to herein as an Application and collectively, the Applications) the user agrees to be bound by these Terms of Use, and any Application-specific terms of use, and agrees that these terms constitute a binding contract between the user and CREA.

1. Copyright

NAF, the Applications and all content, data, graphics, information or forms (collectively, "Content") on or in the Applications are protected by copyright laws and are owned by CREA, the Board/Association, or other supplier who has supplied the Content. All Content available through the Applications is intended for the private, non-commercial use by individuals except as specified otherwise in each Application's terms of use. Any other commercial use of the Content in whole or in part, directly or indirectly, is specifically forbidden except with the prior written authority of the owner of the copyright.

2. Uploads

An Application may allow users to upload Content ("Uploaded Content") to the Application. The user grants to CREA a non-exclusive, worldwide, royalty-free license to use, modify, display and redistribute the Uploaded Content as necessary for the purposes of the Application.

The user warrants that they own the copyright to, or have the rights to license to CREA, any Uploaded Content to the Applications. The user further warrants that the Uploaded Content shall not:

• infringe, misappropriate or violate any intellectual property or other rights of any third-party;
• be defamatory, harmful to minors, obscene or child pornographic or otherwise offensive;
• contain any viruses or programming routines intended to damage the Applications or any software, hardware or other technology used to provide the Applications or surreptitiously intercept or expropriate any data or information in the Applications;
• Contain personal information of other individuals without their consent;
• be false, misleading or inaccurate;
• be objectionable for any other reason,

as determined by CREA in its sole discretion.

CREA is under no obligation to review the content of the Uploaded Content but may do so at any time in order to comply with any law, government request, or in the interest of operating the Applications. CREA may remove any Uploaded Content for any reason.

3. Accuracy

All of the Content on or in the Applications is provided for informational purposes only. Nothing contained on the Applications is intended to recommend any course of action. If specific advice is needed with regard to legal, financial or other matters, such advice should be sought from qualified professionals.

6. Passwords

The Applications are password protected. Only those persons who have been validly issued passwords through NAF or similar facilities provided by member real estate Board and Associations, are authorized to access the Applications. The user agrees to provide CREA or the appropriate member real estate Board/Association with accurate, complete, and updated registration information. Failure to do shall constitute a breach of these Terms of Use, which may result in immediate termination of the user's access to the Applications. Furthermore, the user warrants that he/she will not:

• Divulge, share or compromise his/her password, or use any other user's password.
• Enable or permit other persons to access the Applications.
• Make unauthorized copies of any information on the Applications.
• Take any action which might reasonably be construed as injurious or detrimental to the interests of any other users or to CREA.
• Permit unauthorized persons access to the Applications or any Content downloaded from the Applications.

7. Application-specific Terms

Ratings

You may add ratings to your REALTOR.ca profile page using a rating service that has been pre-approved by CREA. You warrant to CREA that you have all the necessary rights to add a rating to your REALTOR.ca profile page. You further warrant that CREA's publishing ratings on your REALTOR.ca profile page will not violate any agreement or policy that you are subject to. CREA reserves the right to remove ratings from your REALTOR.ca profile page if it determines, in its sole discretion, that publication of the ratings violates these Terms of Use. CREA is not responsible for publishing ratings on REALTOR.ca profile pages that do not comply with these Terms of Use. CREA is not liable for any damages that you may incur as a result of removing ratings from your profile page without your consent. You agree to indemnify and hold CREA harmless from any and all liability, damages or expenses, whatsoever due, arising from, directly or indirectly, any cause of action arising out of publication of ratings on your REALTOR.ca profile page.

The contents of this MMS membership directory may not be copied or reproduced, modified or altered in any respect, merged with other data, disseminated in any form, entered into a computer database, used as part of or in connection with a mailing, fax, or e-mail list, or otherwise utilized in any form or manner, in whole or in part. The prohibited uses include "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize or manipulate the information contained in this directory.

The MMS membership directory is available only to members of CREA, Board/Association staff, or to anyone who has been provided with a user name and password by CREA or a Board/Association for the purposes of accessing and searching the member management database.

The MMS membership directory and its contents constitute proprietary information of CREA. The information contained in this directory is intended for the private use by members, Board and Association staff or for anyone who has been provided with a user name and password by CREA or a Board/Association, and may be used only to contact or search for an individual listed in the member management database with regard to a specific file or issue. Any other use of the information is specifically forbidden.

CREA assumes no liability for any errors or for the misuse of MMS by any persons or entities.

Users may, subject to these Terms of Use, print or otherwise save individual pages in REALTOR Link^® for private use. However, no Content may be modified or altered in any respect, merged with other content or published in any form, in whole or in part. The prohibited uses include "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize, manipulate or publish Content on the pages produced by, or displayed on REALTOR Link^®. For certainty, users may not alter, make a derivative work or translation of, or remove the copyright statement from, any content, document or form downloaded from REALTOR Link^®.

The user acknowledges and agrees that all right, title and interest, including copyright, in any forms in WEBForms^® is held by the Board/Association or other supplier that has supplied the form to WEBForms^®

Users may, subject to these Terms of Use, print, save and use individual printable forms accessible via WEBForms^® in real estate property transactions in their jurisdiction. Users may not amend the forms, make derivative works from them or remove, alter or amend any copyright or proprietary statements, notices, language or trademarks included in or on such forms except with the permission of the relevant Board/Association or other party that has supplied the forms.

WEBForms^® may be used with third party products, if purchased by users, including but not limited to e-signature products and document management products. Users are subject to any third party product terms of use they purchase.

It is the responsibility of users to satisfy themselves that their use of third party product complies with provincial or territorial legislation, including but not limited to legislation related to e-signatures and document management.

Neither CREA nor any Board/Association or other party that has supplied a form for use in the WEBForms^® shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of a user's access to or use of the WEBForms^® Facility, any third party product, or any form.

CAUTION: CREA understands that users cannot use such e-signature products on agreements that create an interest in land in the Yukon or the Northwest Territories (including purchase and sale agreements, lease agreements, and lease renewals). CREA also understands that e- "stamp" e-signatures may not be used in Saskatchewan and that e-signatures may not be used on many real estate agreements in Manitoba. Users may wish to speak to their own legal counsel if they have questions regarding the use of e-signatures in their jurisdictions.

CAUTION: CREA understands that some provincial/territorial laws require transactional documents to be stored in their jurisdiction. The services offered by third parties may or may not comply with this restriction. Out of an abundance of caution, users may wish save a hard or electronic copy of such documents in their province/territory. Users may wish to speak to third parties directly to discuss what solution works best for them.

CAUTION: WEBForms^® is not a document management system. Users should be mindful of any document retention messages or notices posted within the facility or in any WEBForms^® guidance, however, CREA reserves the right to delete any completed forms or Uploaded Content at any time for any reason. Users who wish to retain copies of Uploaded Content and/or forms and kits they have completed are responsible for saving such content on their own computer systems or transferring it to a third party document management provider.

8. Messages

The Applications may allow users to send messages to other persons. The user agrees not to use the Applications to harass or abuse, send spam or other unwanted communications, or send unlawful, libelous, obscene, discriminatory or otherwise objectionable messages including messages that:

• infringe, misappropriate or violate any intellectual property or other rights of any third-party;
• are defamatory, harmful to minors, obscene or child pornographic;
• contain any viruses or programming routines intended to damage the services or any software, hardware or other technology used to provide the services or surreptitiously intercept or expropriate any data or information; or
• are false, misleading or inaccurate.

CREA is under no obligation to review the content of messages sent through the Applications but may do so at any time in order to comply with any law, government request, or in the interest of operating the Applications. CREA may remove or block any message for any reason.

9. Indemnification

The user agrees to indemnify and hold CREA harmless from any and all liability, damages or expenses, whatsoever due, arising from, directly or indirectly, any cause of action arising out of their use of the Applications, including from any information uploaded to CREA or messages sent through the Applications.

10. Disruption of Service

CREA may suspend, discontinue or change any aspect of NAF or the services or facilities provided on the Applications without notice or liability.

11. Termination of Access

CREA reserves the right, in its sole discretion, to terminate, limit or suspend any user's access to NAF or the Applications without notice or liability, for any reason whatsoever, including the user's breach of any of these Terms of Use, the Terms of Use of the Applications or any other CREA website including REALTOR.ca, or the termination of membership in CREA.

12. No Waiver

CREA's failure or delay to enforce any of the terms and conditions under these Terms of Use shall not operate as a waiver of any of CREA's rights or privileges under these Terms of Use.

13. Third Party Beneficiaries

To the extent that any covenant, obligation or agreement of user provided herein is reasonably considered to be provided for the benefit of any supplier of content or data to CREA, CREA shall hold the benefit thereof in trust for such supplier and user acknowledges and agrees that such supplier may enforce the benefit thereof directly against user.

14. Revisions

CREA may at any time revise these Terms of Use by updating this posting. All users of the Applications are bound by these conditions and should therefore periodically visit this page to review any changes to these requirements.

15. Language

If these Terms of Use are translated into a language other than English and there are conflicts between the translations, the English version shall prevail and control.

16. Governing Law

These Terms of Use shall be governed by the laws of Ontario, Canada. The courts in Ottawa, Ontario, will have exclusive jurisdiction to hear and decide any disputes relating to these Terms of Use.