Terms of use

PLEASE SCROLL DOWN AND READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE.

Last updated: October 12, 2022

Welcome to Settlers Realty (the “Website”). Settlers Realty is an informational Website owned and operated by Settlers Realty Inc an Edmonton, AB, Canada (along with any parent, subsidiaries, or divisions, collectively "Settlers Realty, "us" or "we"). These Terms of Use (this "Agreement" or "Terms") are an agreement between you ("you") and Settlers Realty and set forth the legally binding terms of your use of this Website and other platforms and interactive properties, including but not limited to Websites and mobile applications (collective, the " Settlers Realty Websites"), and any information, content, materials and/or data provided or given access by Settlers Realty to you in either print or digital formats ("Content"), whether not log-in, registration and/or subscription fee is required to access the Settlers Realty Website or Content. By accessing or using the Website or using the Content, you signify your assent to these Terms. If you do not agree to these Terms, please do not access or use the Settlers Realty Website or Content.

Registration data and certain other demographic information about you are subject to Settlers Realty’s Privacy Policy. For more information, see Settlers Realty's Privacy Policy which is incorporated in full herein by reference.

Settlers Realty reserves the right to change, modify, add or remove portions of these Terms at anytime. Please check these terms and conditions periodically for changes. Your continued use of the Website following the posting of such changes to these terms will mean you accept those changes.

By accessing the Settlers Realty Website, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications in writing.

By using the Website you confirm that you have a personal bona fide interest in buying, selling, or leasing a residential property – the Website may not be used for any commercial purpose or any other non-personal purpose. If you do not agree to comply with the Agreement, you may not use the Website or subscribe to email services from Settlers Realty, and you should leave the Website immediately.

I. NATURE OF WEBSITE

The Website provides real estate-related information to consumers and promotes and delivers services offered by Settlers Realty. The information provided on the Website is from sources we consider reliable, but because it is sometimes supplied by third parties, we cannot guarantee that it is accurate or complete and it should not be relied upon as such.

You should use your own judgment regarding the merits of any data, individual, or entity that you find on or through the Website. Settlers Realty cannot and 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. Settlers Realty does 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.

Proprietary Nature of Website and Content

The Website, and all text, information, images, audio, video and other material (the Content) posted on or through the Website, are protected by copyright, trademark, and other intellectual property and proprietary rights laws. 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.

II. WEBSITE ACCESS AND CONTENT USE

Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner.

Except as expressly permitted in these Terms of Use, you may not:

1. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
2. Circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Website or Website Content;
3. Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website or Website Content for any purpose without the express written permission of Settlers Realty inc. Notwithstanding the foregoing, Settlers Realty inc. grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
4. Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
5. Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
6. Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
7. Use network-monitoring software to determine architecture of or extract usage data from the Website;
8. Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership without permission, etc.);
9. Violate US or Canada export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
10. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
11. Attempt to gain unauthorized access to any Settlers Realty Website Content, other accounts, computer systems or networks connected to any Settlers Realty server or to any of the Settlers Realty Applications, through hacking, cracking, distribution of counterfeit software, password mining or any other means.
12. You may not reverse engineer, decompile or disassemble any software accessed through Settlers Realty Applications, including any proprietary communications protocol;
13. In using this Website, you agree to cooperate fully with Settlers Realty Inc. to investigate any suspected or actual activity that is in breach of these Terms of Use.

III. COPYRIGHT AND TRADEMARK INFORMATION

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. Used under license.

The REALTOR^® Member of The Canadian Real Estate Association (CREA) and more.

CREA Terms of Use:

• 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.
• 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.
• The Settlers Realty Website is operated by a brokerage who is a member of The Canadian Real Estate Association.
• 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.

DISCLAIMER: INFORMATION HEREIN DEEMED RELIABLE BUT NOT GUARANTEED BY CREB®.

IV. COPYRIGHT

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 web Websites, and such web Websites are in no way investigated, monitored or checked by us.

We are under no obligation to, and do not, scan content used in connection with the Settlers Realty Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by Settlers Realty to infringe another party’s copyright to remain on the Settlers Realty Website. If you believe any materials on an Settlers Realty Website infringe a copyright, you should provide us with written notice that at a minimum contains:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Settlers Realty to locate the material;
• information reasonably sufficient to permit Settlers Realty to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to Settlers Realty‘s designated agent as follows:

It is Settlers Realty’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

V. LEGAL CAPACITY

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.

VI. NOT AN APPRAISAL

Settlers Realty does not provide any appraisal, no matter via our Website nor any other communication. The Settlers Realty Price is a starting point and does not factor in all facts that will influence the price a home will actually sell for.

VII. LINKING AND FRAMING

Unless otherwise agreed in writing by us, you may only provide a hypertext link to the Website on another site, 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 trade-marks, 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.

VIII. SECURITY

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

IX. 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. Settlers Realty will not be liable to you with respect to its deletion of any Content.

X. DISCLAIMER OF WARRANTIES

THE WEBSITE, AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE WEBSITE, ARE PROVIDED ON AN ”AS IS” BASIS. Settlers Realty, ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE WEBSITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE. NEITHER Settlers Realty NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE WEBSITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, OR POSTING FOUND ON THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR FINANCIAL INFORMATION), ANY SERVICES PROVIDED THROUGH THE WEBSITE, OR ANY LINKS TO OTHER WEBSITES MADE AVAILABLE ON THE WEBSITE OR THE CONTENT CONTAINED ON SUCH WEBSITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE WEBSITE. NEITHER Settlers Realty NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.

XI. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL Settlers Realty OR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THE WEBSITE, DIRECTLY OR INDIRECTLY. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER Settlers Realty NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.

XII. INDEMNIFICATION

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Settlers Realty, its 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 user name and password. Settlers Realty reserves the right, in its sole discretion and at its 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 Settlers Realty or its affiliates, licensors or related companies. You will co-operate as fully as reasonably required in the defense of any claim.

XIII. CHOICE OF LAW

These Terms of Use shall be construed in accordance with the laws of the Alberta, Canada without regard to its conflict of laws rules.

XIV. PRIVACY

Our collection, use and disclosure of personal information in connection with the Website are governed by our Privacy Policy.