Terms of Use for rhinorealty.com:
Welcome to rhinorealty.com (the Site) and thank you for visiting. We would ask that you read these Terms of Use
(this Agreement) prior to using the Site. Please note that this Agreement also applies to any and all data and/or
services provided to you by either email or rhinorealty mobile applications. The Site is intended for, and to be used
for, personal use only. By using the Site or its mobile version and by subscribing to email services, you agree to be
bound by, and comply with this Agreement and confirm that you have a bona fide interest in buying and/or selling
residential real estate. If you do not agree to comply with this Agreement, you are prohibited from using or browsing
the Site and are required to leave the site without further use or browsing of the Site in any manner whatsoever.
The Site is owned and operated by 2156664 Alberta Ltd., trading as, and hereinafter referred to as rhinorealty.
Rhinorealty is a member of the Canadian Real Estate Association (CREA), the Alberta Real Estate Association (AREA) & the
Calgary Real Estate Board (CREB). Rhinorealty is licensed by the Real Estate Council of Alberta (RECA) to trade in real estate in and for
the Province of Alberta.
You agree to review this Agreement periodically for the most recent updates and your use of the Site shall be your consent
to the latest version of this Agreement.
Exclusion of Warranties:
Rhinorealty makes no representation or warranty regarding the functionality, the good working order of the functionalities of
the Site, or condition of the Site, its suitability for use, or that its use will be uninterrupted or error-free. ALL MATERIAL OR
INFORMATION ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND. RHINOREALTY, ITS AFFILIATES
AND RELATED COMPANIES DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Access and use of the Site is subject to the terms and conditions set forth herein and all applicable laws, statutes,
and/or regulations. These exclusions are in addition to any specific exclusion otherwise provided in these Terms of Use. To the
extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such exclusions which are
not permitted do not apply.
Limitation of Liability:
NEITHER RHINOREALTY NOR ITS AFFILIATES OR RELATED COMPANIES WILL BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF THE SITE OR INABILITY TO USE MATERIAL OR SERVICES OF
ANY KIND, DELAY OF OR PARTIAL DELIVERY, WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE
INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole, exclusive and maximum remedy is to
discontinue using and accessing the Site and a refund of any payments made by you. To the extent that the jurisdiction to
which you are subject does not allow any part of such limitation, such part does not apply.
The Purpose of the Site:
For consumers;
If you are not a client of rhinorealty, the sole purpose of this site is to provide information on the real estate services
(our Services) that are offered by rhinorealty and the property listings that rhinorealty may actively have for sale or has
sold. While it is our intention to provide the most accurate information as possible, much of the information on the Site is
provided by third parties and as such, we cannot be held responsible for the accuracy, or completeness, of the information
and you should not rely upon the information as being complete or accurate.
We make no representations, warranties or assurances as to the capacity or willingness of homeowners to sell their properties,
nor do we make any representations, warranties or assurances of the capacity or willingness of any home buyers to purchase
a property. You should use your own judgment and independently verify all real estate information prior to becoming party to
a real estate transaction.
For our For Sale By Owner (FSBO) customers and potential buyers of FSBO;
The purpose of the Site for our For Sale By Owner (FBSO) customers is to provide them with a means of attracting potential home
buyers without entering into an Agency relationship with rhinorealty. The Site allows our FSBO customers the ability to increase the
exposure of their property to the marketplace. This is provided through our Services, specifically through the Site listing and, if
applicable, an MLS
® Mere Posting listing as defined by CREA. Unless otherwise stated in the listing, a FSBO customer is not
represented by rhinorealty or one of our REALTORS
®. For an explanation of relationships between real estate brokerages and
home buyers and sellers, as determined by RECA, please visit their website and read their Consumer Relationships Guide, or call
them directly at 403-228-2954. Unless otherwise stated, all inquiries into FSBO listed properties on the Site should be directed to
the home owner.
As a FSBO customer, you are permitted to supply certain information regarding your listing directly via the Site. You are completely
responsible for the validity and accuracy of this information. You hereby agree that this information is not of a confidential nature
and you grant us permission to display the information within your listing and other marketing material. You acknowledge that
rhinorealty is responsible for all of the property information entered into the Site and the MLS
® System, and that if you supply
the Site with false and/or inaccurate information, rhinorealty may be subject to penalty and/or fines. You hereby agree to indemnify
us under such circumstances. You also acknowledge that potential buyers and/or their agents will rely upon the property information
you provide to the Site and if that information is false and/or inaccurate, the buyer and/or their agent may have a claim against
rhinorealty. You hereby agree to indemnify us under such circumstances.
As an a FSBO customer, it is entirely your own responsibility to complete the transaction
for your property directly with either the buyer, or the buyer’s representative.
As a potential home buyer of a FSBO customer, unless otherwise represented by a REALTOR
®, or lawyer, it is entirely your own responsibility
to transact directly with our FSBO customer. If you wish to be represented by a rhinorealty REALTOR
® when purchasing one of our FSBO customer’s
properties, please call us directly at 1-844-888-3434.
All FSBO customer listing terms on the Site, and any corresponding MLS
® Mere Posting listings, are for the duration of six (6) months and any time missed
due to a request to interrupt, suspend or withdraw the continuous display of these listings will be included in the listing term.
Once your FSBO listing is actively displayed on the Site and/or the MLS
® System, you are not entitled to a refund. In all cases, payment
must be received in full by rhinorealty prior to posting the listing on the Site, and if applicable, the MLS
® System. No amount of refund
will be issued if the Brokerage has posted the listing on the Site and/or the MLS
® System. A partial refund will be issued, equal to the
amount paid, less $500 (+GST), if the rhinorealty customer service personnel has attended your property for the in-home listing preparation
and you notify rhinorealty, via email, of your intention to cancel the listing prior to us posting the listing on the Site and/or the MLS
® System.
For Flat Fee Full Service clients and potential buyers of Flat Fee Full Service Properties;
For our Flat Fee Full Service (FFFS) clients, the Site adds to, and increases the visibility and exposure of their property over and above the
MLS
® System which is included with all FFFS listings.
All FFFS clients are contractually represented in an Agency relationship with rhinorealty as defined by RECA. All inquiries into these properties
should be directed to rhinorealty.
All FFFS listings on the Site will actively run for the same duration as the corresponding MLS
® listing for each property.
For our FFFS clients who chose to pay half on listing and half on closing, you are not entitled to a refund once your listing is posted on the
Site and/or the MLS
® System. If you have met with a rhinorealty REALTOR
® and have signed a contract, paid for our Services, or both, and
wish not to proceed with your listing prior to it being posted on the Site and/or the MLS
® System, then it is your sole responsibility to notify
rhinorealty of that request. If such a request is received before the rhinorealty customer service personnel has attended your property for the
in-home listing preparation, then a full refund will be provided. A partial refund will be issued, equal to the amount paid, less $300 (+GST), if the
rhinorealty customer service personnel has attended your property for the in-home listing preparation.
For all users;
The Site is intended to provide information about our Services and information about the properties for sale on the Site. In no way shall any
information provided on the Site for either buyers or sellers, be understood, or construed as providing legal advice regarding your involvement in
a real estate transaction. For legal advice, or a legal opinion on real estate matters, you are advised to consult with a real estate lawyer.
Disclaimer:
FOR SELLERS, "save", "savings" and "total savings" are terms used on the Site to reflect an estimate of savings by listing and selling your
home with rhinorealty. Examples are based on a commission rate of 7% on the first $100,000 plus 3% on the balance of sale price
(7%/$100k + 3%/BOSP) charged by a "Traditional Agent" compared to the commission charged by rhinorealty. The total 7%/$100k + 3%/BOSP
commission is an estimate for purposes of comparing traditional real estate agents to rhinorealty's services. Commissions may vary based on
individual brokerage practices, local custom and market conditions.
FOR BUYERS, "cashback" and "cashback reward" are terms used on the Site to reflect an estimate of the payment you will receive if you
purchase a home with rhinorealty. A cashback reward is only available to clients of rhinorealty who have legally closed on a home purchase.
Your entitlement, or the cashback reward amount, is set out on the “buyers” page of the Site and is dependent upon the value of the property
you are buying. In each case however, the cashback amount is limited to a maximum of 25% of the commission rhinorealty earns on your purchase.
Buyer’s agent commissions may vary based on individual brokerage practices, local custom and market conditions. In the event that rhinorealty
refers and registers you as a buyer with a builder/developer, the builder/developer will often pay rhinorealty a cooperating buyer broker commission
at close of purchase. The exact amount of compensation received by rhinorealty will vary based on the particular builder/developer. Be advised,
many builders/developers require that an agent must personally accompany a prospective buyer to the development on the buyer's first visit for
the agent to be entitled to receive any compensation. The cashback reward program is only available where permitted under provincial and federal
law. Cashback rewards are believed to be tax free in Canada to home buyers however rhinorealty does not guarantee them to be so. Individual home
buyers are advised to consult with the Canada Revenue Agency, as well as your Provincial tax authority and a qualified and licensed accountant in
your area. Offer subject to conditions, limitations, exclusions, modifications, and/or discontinuation without notice.
For referrals to other brokerages/agents rhinorealty does not guarantee or warrant the services provided. Each home buyer and home seller must
independently verify the quality and experience of each real estate brokerage/agent that they hire. The commissions paid are subject to the
agreement between the individual home buyer or home seller and the brokerage receiving the referral and may be negotiated between the parties.
A home buyer or home seller who is represented by, or referred to, another brokerage is not eligible for a cashback reward or reduced commission
from rhinorealty.
For referrals to other service providers rhinorealty does not guarantee or warrant the products or services of other product or service providers
that rhinorealty, its employees or agents refers to you, including, but not limited to, through the Site. Any referral to other product or service
providers is for informational purposes only. You are free to select any product service provider of your choosing. Product and service providers
may vary in cost, quality, experience, availability, responsiveness and other factors. You are advised to exercise care in the selection of a product
or service provider.
Proprietary Rights:
The Site, and all text, information, images, audio, video, software, codes and other material (the Content) posted on or through the
Site, are protected by copyright, trademark, and other intellectual property and proprietary rights laws. All Content posted on or through
the Site, remains the valuable intellectual property of rhinorealty, or its stated owner(s) or Content supplier, and is made available on or
through the Site 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 of the Content.
The graphic rhinoceros head within a circle, "rhinorealty", "stomping down fees", "it pays to be a rhino" and “NegotiAid” are and shall remain
the trademarks and trade names and exclusive property of 2156664 Alberta Ltd., and any unauthorized use of these marks is unlawful.
Other trademarks on this website are the property of their respective owners.
The Content on this website may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but
may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved
by us.
No Rights Granted:
Under no circumstances does your use of the Site in any manner imply or grant you a license, or the right to use, any of the Intellectual
Property (IP) contained within the Site. You do not acquire any ownership in the Content of the Site including any copyrighted material,
trademarks or any other IP used on or in connection with the Site.
Your rights with respect to the Content of the Site are limited to copying or downloading information for your personal use only regarding
our Services and/or the properties for sale. All commercial use of the Site and the Content is prohibited.
Legal Capacity:
By using the Site, you affirm that you have attained the age of majority within the jurisdiction in which you reside. Users not of age must have
parental or legal guardian consent prior to use. You must also have the legal capacity, and be competent to enter into this Agreement in order
to use the Site.
User Conduct & Obligations:
You agree to follow all applicable laws and regulations when using the Site. Furthermore, you agree that you shall not:
- upload, post or otherwise transmit through or to the Site any content that is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site, its computer systems, servers or networks;
- provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
- transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
- redistribute any of the Content, including Multiple Listing Service® (MLS®) reports, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, email, web newsgroups or forums, or any other electronic or paper-based service or method except as specifically permitted within the Site or in writing by us.
With respect to the Content that you upload, post, transmit, distribute or otherwise disseminate or make available on or through the Site, 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 Site.
You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss,
liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of the Site
or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you,
which shall not excuse your indemnity obligations.
Security:
You may be issued, or asked to create, a unique user name and password to access portions of the Site. 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 rhinorealty 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.
Legal Jurisdiction:
Any disputes arising hereunder shall be governed exclusively by the laws of the Province of Alberta and the laws of Canada applicable therein,
without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of
Alberta and/or the Federal Court of Canada in Alberta, or any other judicial district or jurisdiction as rhinorealty may determine in any and all
actions, disputes, or controversies relating hereto. The Terms of Use and any rules, policies or guidelines posted on the Site by rhinorealty
constitute the entire agreement between rhinorealty and you with respect to the subject matter hereof. No waiver by either rhinorealty or
you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions
contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination
shall not affect the remaining provisions contained herein. The parties have required that the Terms of Use and all documents relating to our
Services thereto be drawn up in English.