Terms of use

Advisory: The purpose of the Website is to help users sell their properties (the «Properties») without going through a third party and without paying any commission. It is up to the seller and purchaser to complete any eventual transaction, with the understanding the DuProprio will not be part of the transaction. In the interests of transparency for the potential buyers who browse the Website, the telephone number posted on the listed Property must be the owner's. In the event that you entrust the sale of your Property to a real estate agent, the telephone number must still be yours and cannot be changed to that of the real estate agent, otherwise your advertisement will be removed from the Website and there will be no refund.

Although DuProprio strives to use its best efforts to keep the Website secure and maintain its integrity, DUPROPRIO MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE PROPERTIES, THE VALIDITY OR ACCURACY OF THEIR DESCRIPTIONS, OR THE CAPACITY OF THE SELLERS TO SELL THEIR PROPERTIES OR OF THE BUYERS TO PURCHASE THEM.

DUPROPRIO IS NOT A REAL ESTATE BROKER AND DOES NOT OFFER ANY REAL ESTATE BROKERAGE SERVICES.

Each listing consists of one (1) Property for sale without an intermediary. You are not to post more than one Property on the same listing on the Website or transfer a listing to another Property.

The Services are offered continuously from the activation of your listing until your subscription expires or your Property is sold. You can pause your listing for a period of up to three (3) months and reactivate it thereafter. If your listing is not reactivated after three (3) months, fees will apply to put your listing back online.

DuProprio reserves the right to remove a file from the Website if the Property is listed on mls.ca/sia.ca or listed for sale through a real estate broker.

DuProprio offers no refund for the Services rendered. For greater clarity, if your file is activated or if a DuProprio representative has already met with you to take photographs of your Property, the Services shall be deemed to have been rendered and payment must be made in full.

DuProprio authorizes only those of its clients who have active files on the Website to use DuProprio signs. Should you fail to observe this policy, DuProprio reserves the right to seize the signs in question. DuProprio disclaims any liability for loss or theft of signs. If you wish to replace a lost or stolen sign, you shall be responsible for the full costs.

No Advice: From time to time, the Website may provide information on the various aspects of selling a Property («Information»). Such Information is provided solely for educational purposes and shall in no event be construed as advice, an opinion, recommendation or action plan. The Website and its use are not intended as a substitute for and do not replace consultation with a qualified professional, where applicable.

Acceptance of Terms of Use Whenever you browse the Website or use any of the Services, you agree to be bound by the Terms of Use. IF YOU DO NOT WANT TO ACCEPT THE TERMS OF USE, YOU SHOULD NOT USE THE WEBSITE OR THE SERVICES. DuProprio may amend the Terms of Use at any time, at its complete discretion. Your use of the Website and/or the Services, after an amendment has been posted, shall be deemed to signify your acceptance of the revised Terms of Use. We ask that you review this page at regular intervals.

Cancellation DuProprio reserves the right to cancel the Terms of Use and/or your right to browse and use any or all of the Website or Services, at any time, arbitrarily and without notice, at its complete discretion.

Copyright All articles, text, illustrations, graphics, images, photographs, information, audio or video clips, software and codes available on the Website (the «Content»), including the manner in which the Content is presented, are protected by Canadian and foreign law, including copyright law, and belong to DuProprio, its affiliates, licensors and/or the party acknowledged as the Content supplier.

Without limiting the generality of the foregoing, photographs posted on the Website and/or taken by ComFree, its employees, representatives, mandataries, agents, and/or licensors, remain the intellectual property of ComFree and cannot be used on any other website, including any real estate marketing website.

All software integrated in or found on the Website, including, in particular, any type of machine code, including all of the files and/or images contained in or generated by such software, is protected by copyright and may be protected by other laws. All such software belongs to DuProprio, its affiliates or licensors.

You shall not: (i) use, copy, modify, adapt, translate, download or transmit all or any part of the software; (ii) sell, lease, license or assign the software or otherwise allow access thereto; (iii) modify, remove or cover any trade-mark or proprietary notice included in the software; or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Website and its components, including, in particular, the software, or help anyone do so.

Trade-marks DUPROPRIO and DUPROPRIO & DESIGN are DuProprio trade-marks or are used under licence. Other names, words, title, phrases, logos, drawings, graphics, icons and trade-marks posted on the Website may constitute trade-marks of DuProprio or of a third party. Nothing on the Website shall be construed as granting you any licence or right of use of any logo, drawing or trade-mark of DuProprio or a third party.

Submissions Via the Website, you can post and submit messages, data, text, photographs, images, videos and other material («Your Content») and interact with DuProprio, its employees, agents, mandataries and other users.

You are fully responsible for the quality of Your Content.

Whenever you post Your Content on the Website or submit Your Content to DuProprio, you grant DuProprio an unlimited, irrevocable, non-exclusive, perpetual and royalty-free worldwide licence to: (i) use, copy, store, adapt, translate, modify, create derivative works, transmit, distribute and publicly perform Your Content or make it publicly available for any purpose; and (ii) grant sublicences to third parties for unlimited rights to exercise any of the foregoing rights. Other than granting the aforementioned licence, you hereby (i) agree to waive all of the moral rights to Your Content in favour of DuProprio; (ii) consent to the appearance of your name, address and e-mail address for Your Content, if any, and to the disclosure and/or posting of such information; (iii) acknowledge and agree that DuProprio shall not be liable for any loss, damage to or corruption of Your Content; and (iv) acknowledge and agree that the presentations you upload for posting on the Website or that you submit to DuProprio shall not be deemed confidential.

Disclaimer of Liability THE WEBSITE, SERVICES AND CONTENT ARE PROVIDED «AS IS» AND «AS AVAILABLE». YOU BROWSE AND USE THE WEBSITE AND ITS FUNCTIONALITIES AT YOUR OWN RISK. DUPROPRIO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEBSITE, THE SERVICES OR THE CONTENT. DUPROPRIO ASSUMES NO RESPONSIBILITY FOR ANY MISLEADING CONTENT OR INCORRECTLY LISTED INFORMATION.

DUPROPRIO ASSUMES NO LIABILITY FOR THE FAILURE TO SELL OR COMPLETE THE SALE OF YOUR PROPERTY THROUGH THE WEBSITE.

DUPROPRIO, ITS AFFILIATES, THEIR DIRECTORS, EMPLOYEES, MANDATARIES, AGENTS, AND LICENSORS, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR DAMAGE OF ANY KIND, INCLUDING INDIRECT, SPECIAL OR FORTUITOUS DAMAGE, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OR PERFORMANCE OF THE WEBSITE, THE SERVICES OR THE CONTENT CONTAINED THEREON OR ON ANY OTHER SITE YOU MAY LINK TO THROUGH THE WEBSITE, EVEN IF THEY WERE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGE.

DUPROPRIO, ITS AFFILIATES, THEIR DIRECTORS, EMPLOYEES, MANDATARIES, AGENTS AND LICENSORS, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM ANY LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USING THE WEBSITE AND ITS FUNCTIONALITIES OR THAT OF ANY ADVERTISER OR SPONSOR ON THE WEBSITE («THIRD-PARTY USERS») AND SHALL IN NO EVENT BE LIABLE FOR ANY HARM, LOSS OR DAMAGES (INCLUDING SPECIAL, INDIRECT OR INCIDENTAL DAMAGES) OR COSTS ARISING IN ANY MANNER FROM (i) THE ACTS, OMISSIONS OR CONDUCT OF A THIRD-PARTY USER; OR (ii) THE USE OF OR INABILITY TO USE ANYTHING OR ANY SOFTWARE, CONTENT, GOODS OR SERVICES ON OR OFFERED THROUGH A SITE LINKED TO THE WEBSITE.

Links to Third-Party Sites The Website contains links to third-party sites (the «Third-Party Sites») which will direct you away from the Website. DuProprio provides these links for your convenience. The Third-Party Sites are not under DuProprio's control and the links shall not be construed as approval or an endorsement of their content by DuProprio. DuProprio shall not be liable for the content of Third-Party Websites, the links they contain or any changes or updates made to them, and DuProprio makes no warranty in that respect.

Links to Website DuProprio encourages links to the Website. However, it does not wish to be linked to any Third-Party Site which (i) contains content constituting or promoting conduct that would constitute a criminal offence, incur civil liability or otherwise violate any laws or regulations, whether local, state, provincial, national or international, which might harm or hinder the activities, credibility or integrity of DuProprio, or which contains, posts or transmits any material or information that transgresses the moral and/or legal standards of Canadian society; or (ii) contains, posts, or transmits any information, software or other material that violates or infringes the rights of others, including material that constitutes an infringement of privacy or the right of publicity, or which is protected by copyright, trade-mark or other proprietary right. DuProprio reserves the right to ban or refuse to accept a link to the Website at its complete discretion at any time. You agree to remove any link you may have to the Website at DuProprio's request.

Use of Bots You acknowledge that the use of bots, including «webbots», is prohibited for any purpose whatsoever in connection with the Website.

Monitoring You acknowledge that DuProprio has no obligation to monitor the Website or any of the content accessible via the Website. However, you acknowledge that DuProprio has the right to monitor the Website electronically, at its complete discretion, and to disclose any information necessary in order to comply with any law, regulation or government request, in the interest of operating the Website properly or protecting itself or its users pursuant to the «Privacy Policy».

Indemnification You agree to indemnify, hold harmless and defend DuProprio, its affiliates, their directors, employees, mandataries, agents, and licensors, including their respective successors and assigns, from and against all claims, demands, liability, costs or expenses of any nature, including legal fees and disbursements arising directly or indirectly from: (i) your violation of the Terms of Use; (ii) your browsing, use or inability to browse or use the Website and/or the Services or any site to which the Website is or may be linked from time to time; (iii) your use of publications, communications, distributions or downloads of any nature via the Website and/or the Services, or your reliance thereon; and/or (iv) your violation of the applicable legislation or regulations. You agree to cooperate with us in contesting any claims.

Governing Law Your use of the Website and Services and the Terms of Use shall be governed by the laws of the Province of Quebec and the laws of Canada, regardless of conflict of law principles. You hereby acknowledge that any litigation arising from or related to your use of the Website or Services or the Terms of Use shall be subject to the jurisdiction of the courts of the District of Montreal, Province of Quebec. You acknowledge that the United Nations Convention on Contracts for the International Sale of Goods does not apply.

Netiquette Rules The Website offers blogs and a forum and allows you, amongst other things, to comment on those blogs and take part in the forum. Your use of the blogs and forum shall be subject to the following netiquette rules, which shall form an integral part thereof:

• From time to time, the blogs and forum may take information on various aspects of the sale of residential properties available (the «Information»). Such Information is provided solely for educational purposes and shall in no event be construed as advice, an opinion, recommendation or action plan;
• DuProprio reserves the right, without any obligation, to monitor and moderate the comments published on the Website. Any statements that are not consistent with netiquette rules might be withheld or removed from the Website;
• Although DuProprio appreciates your contributions, it reserves the right not to publish them, at its complete discretion;
• DuProprio has no obligation to remove the statements you publish on our blogs or forum, even though you may request such removal. DuProprio reserves the right to archive such messages and they may therefore be indexed by Internet search engines;
• Statements harassing or promoting the harassment of another person, including, in particular, DuProprio's employees, mandataries and agents and other Website users, will not be tolerated;
• Statements that contravene any law, regulation or government order, that promote false, misleading, or illegal information or that promote unlawful conduct or incite to violence, and any defamatory, obscene, offensive, threatening, aggressive or abusive statements will not be tolerated;
• Statements that do not deal with the proposed topic and/or take the form of a dialogue or private discussion between two or more users who interact without considering the other users will not be tolerated;
• Although DuProprio allows you to post links to websites owned and/or controlled by third parties, links to websites that promote false, misleading or illegal information, promote unlawful conduct or contain defamatory, pornographic, obscene, offensive, threatening or abusive images, will not be tolerated; and
• Advertising, in any form whatsoever, will not be tolerated.

Miscellaneous These Terms of Use and the Policy on the Collection and Protection of Personal Information constitute the entire agreement between you and DuProprio and supersede any prior agreements between you and DuProprio.