Terms of use.
HOMEH Inc. · Last updated March 5, 2025
HOMEH Terms of Use
These Terms of Use were updated on March 5, 2025. Your continued use of the Services constitutes your acceptance of these Terms and the terms of the applicable Services Addendum governing the particular Services provided to you by a HOMEH Company pursuant to that Services Addendum. The Services are owned and operated by HOMEH Inc., Brokerage, a technology-powered real estate brokerage registered with the Real Estate Council of Ontario (RECO) and headquartered at 505 Highway 7 East, Units 308 & 309, Thornhill, ON L3T 7T1 ("HOMEH").
Terms of Use
Welcome! These Terms constitute part of the Agreement regarding the Services between you and the applicable HOMEH Company. These Terms provide important information to you, including information about your obligations when using the Services, about content you access through the Services, about content you contribute to the Services, and about the limits of our liability to you. By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement.
The Services are, in whole or in part, accessible through the Sites. Your use of and access to each Service is subject to these Terms and the terms of the applicable Services Addendum. Please review each applicable Services Addendum because your use of the corresponding Site and Service constitutes your agreement to the terms of the Services Addendum.
PLEASE NOTE: WHERE PERMITTED BY APPLICABLE LAW, WHEN YOU AGREE TO THIS AGREEMENT AND THESE TERMS YOU MAY AGREE TO RESOLVE CERTAIN DISPUTES BETWEEN YOU AND A HOMEH COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTION 2.13.9 BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). THIS AGREEMENT DOES NOT CONTAIN A Class Action Waiver (not enforceable where prohibited by applicable Ontario or Canadian law) AND DOES NOT PREVENT YOU FROM PARTICIPATING IN A CLASS PROCEEDING TO THE EXTENT PERMITTED BY APPLICABLE ONTARIO OR CANADIAN LAW.
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.
- Definitions.
1.1. "AA" means the Ontario’s Arbitration Act.
1.2. " AA Rules”, Ontario’s Arbitration Act Rules, 1991, S.O. 1991, c. 17"
1.3. "Agreement" means, collectively and as applicable to you, these Terms, the applicable Services Addendum, and all other applicable terms, conditions, and policies, including Privacy Notice (in compliance with PIPEDA and Ontario’s FIPPA, where applicable), that we make available to you in connection with your use of the Services.
1.4. "Claim" means any dispute, controversy or claim arising between you and a HOMEH Company.
1.5. "Class Action Waiver (no force where prohibited by applicable Ontario or Canadian law)" has no force to the extent prohibited by applicable Ontario or Canadian law; see Section 2.13.9 for the dispute resolution terms.
1.6. "Feedback" means feedback, comments, and suggestions for improvements in connection with the Sites and Services.
1.7. "HOMEH Company" or "HOMEH Companies" or "our" or "we" means, collectively or as applicable to you, the specific entity, and/or the affiliates of such entity, providing the Services as identified in the applicable Services Addendum.
1.8. "Services Addendum" means any applicable addendum incorporated by reference into this Agreement that contains additional terms and provisions concerning the respective Services.
1.9. "Services" means, collectively or as applicable to you, the Sites and services provided by the HOMEH Companies pursuant to this Agreement and any applicable Services Addendum.
1.10. "Sites" means the websites and mobile applications maintained by or on behalf of the HOMEH Companies through which the HOMEH Companies may offer services.
1.11. "Terms" means these Terms of Use.
1.12. "Testing" has the meaning set forth in Section 2.13.6 of these Terms
1.13. "Third Party Content" means Your Content and any data, content, information, or other materials provided by a third party, including, without limitation (i) such content and information other users of the Services provide to us or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by the HOMEH Companies' Privacy Notice (in compliance with PIPEDA and Ontario’s FIPPA, where applicable); and (ii) content and information posted or provided by our service providers, or any third party multiple listing service, broker, or agent.
1.14. "Third Party Sites" means third party websites.
1.15. "Your Content" means your Feedback and any data, content, information, ideas, comments, property information, listing information, photos, or other materials that you provide to us or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by the HOMEH Companies' Privacy Notice (in compliance with PIPEDA and Ontario’s FIPPA, where applicable).
All other capitalized terms will have the meaning as provided elsewhere in this Agreement.
- General Terms
2.1. Who May Use the Services. To access and use the Services, you must be at least the age of majority in the state, province, or territory where you live or at least 18 years of age. If you are under the age of 13, you may not use the Services and you should not be visiting the Sites or using the Services. For additional user requirements, if any, please see the applicable Services Addendum.
2.2. Third Party Sites and Linked Materials. The Services may include links to Third Party Sites. You should review any applicable terms or Privacy Notice (in compliance with PIPEDA and Ontario’s FIPPA, where applicable) of a Third Party Site before using it or sharing any information with it, because you may give the third party permission to use your information in ways we would not. The HOMEH Companies are not responsible for and do not endorse any features, content, advertising, products or other materials on or available through Third Party Sites, even if originally accessed via a link on the Sites.
2.3. Intellectual Property Rights, License and Ownership.
2.3.1. HOMEH Companies Intellectual Property. Except as otherwise provided in this Agreement, the HOMEH Companies and their licensors own all right, title, and interest in and to the Services and all materials and information (including source code, data, text, images, and other content) contained on or in the Services, and you acknowledge that all such content is protected by copyright, trademark, and other laws of the Canada and foreign countries.
2.3.2. License Granted to You. Each HOMEH Company, as applicable, grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Services so long as your use complies with this Agreement, the applicable Services Addendum and any other applicable policies. Unless you are otherwise explicitly granted permission, this Agreement does not grant you any right or license with respect to any trademarks, service marks, graphics, or logos.
2.3.3. Restrictions. You may not modify, decompile, dissemble, reverse-engineer, reproduce, redistribute, create derivative works based upon, or attempt to commercially gain from your use or misuse of the Services, or any of their components, except as permitted by the Services. You may not use any meta-tags or other hidden text using any HOMEH Company name, trademark, service mark, graphic or logo without the respective HOMEH Company's specific written permission. You may not remove, obscure, or modify any copyright or other intellectual property notices that appear on or in the Services. You may not use the Services in any way that violates any law or regulation, this Agreement, any of the HOMEH Companies' policies, or any third party policy, that applies to you. You may not use the Services in any manner that harms the HOMEH Companies, our service providers, our suppliers, other users of the Services, or any other person. We may revoke your permission to access and use the Services or terminate your access to and use of the Services, and we may block or prevent you from accessing the Services, in our discretion. If you violate these Terms or the Agreement, your permission to access and use the Services is automatically revoked.
2.3.4. No Right to Reproduce. These Terms do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on Third Party Sites or otherwise.
2.3.5. No Scrubbing or Scraping. You may not automatedly crawl or query the Services for any purpose or by any means (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) unless you have received prior express written permission from the applicable HOMEH Company.
2.3.6. Feedback. You may give a HOMEH Company Feedback. You hereby assign to the applicable HOMEH Company all of your right, title, and interest in and to the Feedback. To the extent applicable law does not permit assignment of the Feedback, you hereby grant the HOMEH Companies a perpetual, irrevocable, worldwide, exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use the Feedback in any manner in which the HOMEH Companies see fit. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to your Feedback.
2.3.7. Reservation of Rights. Except for the limited licenses granted in this Agreement, we reserve all of our rights, interests, and title in and to the Services.
2.4. Your Content. You grant to the HOMEH Companies a worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify (for formatting purposes only), distribute, and perform and display publicly Your Content (excluding Feedback) in connection with provision of the Services to you or otherwise in connection with your permitted use of the Services. In addition to any of Your Content that is made available through the Services, we may share Your Content with our affiliates, service providers and/or subcontractors in order to deliver, develop, or improve the Services. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to Your Content. Notwithstanding anything in the Agreement to the contrary, no HOMEH Company has any obligation to store or display Your Content. The HOMEH Companies may, but are not obligated to, monitor, modify, or remove Your Content at any time in their sole discretion. You agree that the HOMEH Companies may promote and market Your Content in connection with the Services.
2.5. Provision of Services and Communications with You. To access or use certain Services or features of the Services, you may need to register and create an account with the applicable HOMEH Company. See the applicable Services Addendum for additional terms and conditions in connection with any such registration. For purposes of responding to you and providing you with information and notices about your account or the Services, you agree that we may communicate with you through the contact information associated with your account. We have no liability rising from your failure to maintain accurate contact or other information, including, without limitation, your failure to receive critical information about the Services. When you request information from us, you are extending an express invitation for us to contact you. By creating an account or requesting our services, you further consent to HOMEH and its representatives contacting you about your account, saved searches, listings, and HOMEH's real estate services through any contact channel you provide — including email, telephone, text message (SMS), WhatsApp and similar messaging services, social media, and application push notifications — until you unsubscribe or withdraw your consent as described in our Privacy Policy.
2.6. Forums. The HOMEH Companies may offer forums where you can post your observations and comments on designated topics or on public boards. For certain Services, account holders can create forum topic threads. The HOMEH Companies, in their sole discretion, may close or transfer threads, or modify or remove content from them. Please note that everything you share in a forum may be seen and used by other users of the applicable Services. No HOMEH Company is responsible or liable for anything posted by non-HOMEH Company persons on the forums nor is any HOMEH Company responsible or liable for monitoring the content or activities associated with the forums.
2.7. Your Representations. You represent and warrant that (i) you have the ability to enter into this Agreement and grant all assignments, licenses, and permissions contemplated or contained herein; (ii) your use of the Services will be in compliance with all laws, regulations, this Agreement, any HOMEH Company's policies, and third party policies, if and as applicable to you; (iii) Your Content and any Feedback are original to you and do not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person; (iv) Your Content and any Feedback do not contain any obscene, libelous, defamatory, abusive, or inappropriate content; and (v) our use of Your Content and any Feedback you provide will not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person.
2.8. Termination. If you have created an account to access the Services, you may deactivate your account at any time by visiting your Account Settings or you may contact the applicable HOMEH Company's Customer Service. You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the Services, in whole or in part, with or without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
2.9. Indemnification. You agree to defend, indemnify, and hold each HOMEH Company, and its respective agents, employees, directors, officers and representatives harmless from and against all claims and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of (a) your failure to comply with applicable laws, regulations, this Agreement, any HOMEH Company's policies, and third party policies, if and as applicable to you; (b) Your Content and Feedback; (c) the HOMEH Companies' use of Your Content and Feedback as contemplated or permitted under this Agreement; or (d) any activity in which you engage on or in the Services.
2.10. Disclaimers. EACH HOMEH COMPANY PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE HOMEH COMPANIES DO NOT CONTROL OR VET THIRD-PARTY CONTENT FOR ACCURACY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE HOMEH COMPANIES DO NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS REGARDING THE SERVICES AND EACH HOMEH COMPANY AND ITS SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL IMPLIED WARRANTIES, CONDITIONS, AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT.
No HOMEH company is responsible for any errors in displayed information or delays in displaying information ON THE SITES, including without limitation any THIRD PARTY CONTENT. NO HOMEH COMPANY TAKES RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY THIRD PARTY CONTENT. ANY USE OR RELIANCE ON ANY THIRD PARTY CONTENT OR OTHER INFORMATION ON THE SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES IS AT YOUR OWN RISK, INCLUDING INFORMATION PROVIDED BY OR FOR A HOMEH COMPANY. NO HOMEH COMPANY IS RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR ANY CONTENT OR INFORMATION PROVIDED BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, A MULTIPLE LISTING SERVICE OR AN AGENT PARTICIPATING IN THE HOMEH PARTNER PROGRAM.
NO HOMEH COMPANY IS RESPONSIBLE FOR, AND NO HOMEH COMPANY MAKES ANY REPRESENTIONS OR WARRANTIES REGARDING, THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY CONTENT) SENT THROUGH THE SERVICES. NO HOMEH COMPANY HAS ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING ITS SERVICES, NOR DOES ANY HOMEH COMPANY HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES. EACH HOMEH COMPANY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.
NO HOMEH COMPANY MAKES ANY GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND EACH HOMEH COMPANY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS.
THE INFORMATION ON THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
THE VIEWS EXPRESSED ON THE SERVICES IN THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, POSTS TO FORUMS, DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF THE HOMEH COMPANIES. NO HOMEH COMPANY IS RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY IN RELATION TO THIRD PARTY CONTENT.
2.11. Limitations of Liability. IN NO EVENT WILL ANY HOMEH COMPANY OR ANY OF THEIR AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS, THE AGREEMENT, OR YOUR USE OF THE SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST A HOMEH COMPANY, ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT FOR SUCH SERVICES, IF APPLICABLE, AND/OR DISCONTINUE USING THE SERVICES.
2.12. Copyright and Intellectual Property Policy. The HOMEH Companies respect the intellectual property rights of others and expect our users to do the same. It is the HOMEH Companies' policy to terminate, in appropriate circumstances, account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe your copyright or other intellectual property right is being infringed, misappropriated, or otherwise violated by a user of the Services, or you believe such a claim has been unfairly made against your account, please see the HOMEH Companies' Copyright & Intellectual Property Policy[1].
2.13. General Terms.
2.13.1. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
2.13.2. Notices. HOMEH Inc., Brokerage is located at 505 Highway 7 East, Units 308 & 309, Thornhill, ON L3T 7T1. You may contact the HOMEH Companies by sending correspondence to that address or emailing [email protected].
2.13.3. Amendments to The Agreement. We may update the Agreement, including these Terms, at any time, in our sole discretion. If we do so, we will let you know either by posting the updated Agreement on the Sites or through other communications. It is important that you review the Agreement, including these Terms, whenever we update it or you use the Services. If you continue to use the Services after we have posted an updated Agreement, you are agreeing to be bound by the updated Agreement. If you do not agree to be bound by the updated Agreement, then, except as otherwise provided in Section 2.13.9, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
2.13.4. No Waiver. Our failure to act with respect to a breach of this Agreement or any term or condition herein by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
2.13.5. Assignment and Delegation. You may not assign or delegate any rights or obligations under this Agreement. Any purported assignment or delegation by you shall be ineffective. We may freely assign or delegate all rights and obligations under this Agreement, fully or partially, without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, a Company for any third party that assumes our rights and obligations under this Agreement.
2.13.6. Alpha and Beta Testing. The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or pre-release form) that we may conduct ("Testing"). Except to the extent otherwise provided in another agreement between you and the applicable HOMEH Company, your participation in any Testing and use of any data, content, information, or other materials in connection with such Testing shall be subject to this Agreement.
2.13.7. International Matters. Unless otherwise stated in the applicable Services Addendum, each HOMEH Company is controlled and operated from Canada offices. We make no representation that the Services are appropriate or available for use in any particular country or location. If you choose to access, view, or use the Services, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable. No Services, including software, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule, regulation, or export or import control.
2.13.8. Governing Law. Except as otherwise provided in Section 2.13.9, you hereby accept and submit to the personal jurisdiction of the applicable courts in accordance with this Section 2.13.8 with respect to any legal actions, suits or proceedings, and waive any jurisdictional or venue defenses otherwise available. The International Sales Conventions Act (Ontario), will not apply in any way to this Agreement or to the transactions contemplated by this Agreement.
2.13.8.1. For Users Who Are Residents of Canada. This Agreement, any related matters, and any Claims arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the Arbitration Act (Ontario), federal arbitration law, and the laws of the Province of Ontario, without reference to its conflicts of law principles. The exclusive jurisdiction for all Claims that you and the HOMEH Companies are not required to arbitrate will be the Ontario Superior Court of Justice.
2.13.8.2. For Users Who Are Residents of Canada. This Agreement, any related matters, and any Claims arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to its conflicts of law principles. The exclusive jurisdiction for all such Claims will be the courts of the City of Toronto in the Province of Ontario.
2.13.9. Dispute Resolution. THIS SECTION 2.13.9 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND IS VOID WHERE PROHIBITED BY LAW. This arbitration provision shall survive termination of the Agreement.
2.13.9.1. Informal Negotiations. To expedite resolution and reduce the cost of a Claim, you and the applicable HOMEH Company agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least sixty (60) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice.
You must provide written notice by sending a written description of your claim signed by you personally to the applicable HOMEH Company at this address by certified mail: 505 Highway 7 East, Units 308 & 309, Thornhill, ON L3T 7T1
The Notice of Dispute must contain enough information for us to identify all relationship(s) that you have with HOMEH and attempt to resolve your claim, including (a) your name; (b) the email address(es) that you use when communicating with or using the HOMEH services; (c) your mobile telephone number; (d) your state of residence; (e) a written description of the issues, and supporting information; and (f) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. You may be represented by an attorney or other person in that process.
Your address for such notices is your personal home address, if provided by you, with an email copy to the email address you may have provided to such HOMEH Company.
You and HOMEH each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time. If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or HOMEH may start an arbitration or Ontario Small Claims Court proceeding.
2.13.9.2. Binding Arbitration. Subject to Section 2.13.9.3, you and the HOMEH Companies agree that any Claim between you and any HOMEH Company or HOMEH Companies will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. This Section 2.13.9 is governed, in all respects, both procedurally and substantively, by the Canada Arbitration Act (Ontario). You and the applicable HOMEH Companies agree that this Agreement does not waive any rights to participate in class proceedings to the extent permitted by applicable law.
The parties agree to resolve claims on an individual basis where permitted; however, nothing herein limits rights to participate in class or representative proceedings where authorized by applicable Ontario or Canadian law. To the extent a court or regulator permits consolidation or representative proceedings, those rights are preserved under applicable law. If any portion of this Section is found to be unenforceable, the remainder shall remain in effect to the fullest extent permitted by law.
This Agreement does not affect rights afforded under applicable Ontario or Canadian law, including procedural protections.
If any other provision of this Section 2.13.9 requiring that Claims be brought only on an individual basis and not on a class, collective, or representative basis, is determined to be invalid or unenforceable with respect to any particular Claim, including any remedy or request for relief, then that particular Claim, remedy or request for relief shall not proceed in arbitration but rather will be resolved in a court of competent jurisdiction subject to Section 2.13.8. If that happens, however, the arbitration provisions in this Section 2.13.9 will still be fully enforceable as to all other Claims, which must be resolved in arbitration on an individual basis. Any arbitrable Claims will be resolved before non-arbitrable Claims, which the parties will jointly request to be stayed pending the conclusion of arbitration. In any subsequent litigation of non-arbitrable claims, the arbitrator’s factual findings will not be entitled to deference by the court.
2.13.9.3. Exceptions and Opt-Out. Nothing in this Section 2.13.9 precludes any party from filing or participating in administrative proceedings before state, provincial/territorial, or federal agencies to address alleged violations of law enforced by those agencies. Further, to the extent a party would have to file a timely administrative charge or complaint as a prerequisite to filing a Claim in court, the party must do the same before submitting a Claim to arbitration under this Agreement. Upon receipt of a right-to-sue letter or similar administrative determination, however, the Claim can only be resolved in individual arbitration pursuant to the terms of this Agreement.
This Section 2.13.9 also does not prevent any party from applying to a court of competent jurisdiction for any interim or provisional relief available under the law that is necessary to protect the rights of that party, pending the establishment of the arbitral tribunal. This Section 2.13.9 further does not prevent any party from filing any Claim that otherwise qualifies in Ontario Small Claims Court on an individual basis.
In addition, you have the right to opt out of arbitration entirely and litigate any Claim if you provide the HOMEH Company with whom you are entering into this Agreement with personally signed, written notice of your desire to do so by email at [email protected] or by a personally signed written notice sent by certified mail to HOMEH at 505 Highway 7 East, Units 308 & 309, Thornhill, ON L3T 7T1, within thirty (30) days following the date you first agree to this Agreement.
2.13.9.4. Equitable Remedies. Except for individual Claims brought in Ontario Small Claims Court, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or the HOMEH Companies, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. To the extent that you or the HOMEH Companies prevail on a Claim in arbitration and seek injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public, the entitlement and extent of such relief must be litigated in a civil court of competent jurisdiction, subject to Section 2.13.8 and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration.
2.13.9.5. Rules and Logistics Governing Arbitration. The arbitration will be conducted by the AA under its AA Rules then in effect, except as modified by these Terms. The AA Rules are available at https://www.ontario.ca/laws/statute/91a17. A party who wishes to start arbitration must submit a written Demand for Arbitration to AA and give notice to the other party as specified in the AA Rules. The AA provides a form Demand for Arbitration at https://www.ontario.ca/laws/statute/91a17.
If your claim is for CAD $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AA Rules. If your claim exceeds CAD $10,000, the right to a hearing will be determined by the AA Rules. Any arbitration hearings will take place in the municipality where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Any evidence introduced or produced in connection with the arbitral proceeding may only be used in that AA proceeding, and may not be disclosed or used for any other purpose, including any other arbitration of similar claims.
2.13.9.6. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AA Rules. If you initiate an arbitration, you are required to pay AA’s initial filing fee, but the applicable HOMEH Company will reimburse you for this filing fee at the conclusion of the arbitration if that filing exceeds the fee for filing a claim in a court of competent jurisdiction in your province of residence. If the arbitrator finds that your claim was brought for an improper purpose (as per Ontario Rules of Civil Procedure (R.R.O. 1990, Reg. 194) standards) or that your claim or the relief sought by it was frivolous, then will not reimburse your filing fee and we may seek an award of our legal fees or costs against you and/or your counsel. This Agreement authorizes the arbitrator to award fees or other sanctions against your counsel.
2.13.9.7. Delivery of Demand for Arbitration. A demand for arbitration must be in writing and delivered by hand or first-class mail to the other party within the applicable statute of limitations period. Any demand for arbitration shall be provided to the applicable HOMEH Company pursuant to Section 2.13.2. Any demand for arbitration made by a HOMEH Company shall be provided to the last address on file with the HOMEH Company. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
2.13.9.8. Effect of Changes on Arbitration. Notwithstanding Section 2.13.3 above, if we make any future changes to this Section 2.13.9 (other than a change to our contact information), you may reject any such change by sending an email at [email protected] or by a personally signed written notice sent by certified mail to HOMEH at 505 Highway 7 East, Units 308 & 309, Thornhill, ON L3T 7T1 within thirty (30) days of the change. This written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Claim between you and HOMEH in accordance with the latest in time version of Section 2.13.9 that you did not effectively reject.
2.13.10. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
2.13.11. Entire Agreement. You agree that this Agreement constitutes the entire, complete, and exclusive agreement between you and each Company regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or receive certain Services, which are reflected in the applicable Services Addendum or otherwise communicated to you by the applicable HOMEH Company. Without limiting the foregoing, if you enter into a HOMEH Agent Agreement, that HOMEH Agent Agreement may incorporate the terms of this Agreement by reference. To the extent the terms of a HOMEH Agent Agreement conflict with this Agreement, the terms of the HOMEH Agent Agreement shall control, with the exception of Section 2.13.9 of this Agreement, which shall control in all instances.
- Android and iOS Mobile App Open Source Licenses
3.1. HOMEH's Android app contains the following open source code:
Compose (https://github.com/androidx/androidx/tree/androidx-main/compose)
Copyright © 2011 The Android Open Source Project
License: Apache 2.0 (https://github.com/androidx/androidx/blob/androidx-main/LICENSE.txt)
Retrofit (https://github.com/square/retrofit)
Copyright 2013 Square, Inc.
License: Apache 2.0 (https://github.com/square/retrofit/blob/master/LICENSE.txt)
Hilt (https://github.com/google/dagger)
Copyright 2012 The Dagger Authors
License: Apache 2.0 (https://github.com/google/dagger/blob/master/LICENSE.txt)
Groupie (https://github.com/lisawray/groupie)
Copyright © 2016 Groupie
License: MIT (https://github.com/lisawray/groupie/blob/master/LICENSE.md)
Google Maps Android API Utility Library (https://github.com/googlemaps/android-maps-utils)
License: Apache 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
Facebook SDK for Android (https://github.com/facebook/facebook-android-sdk)
Copyright © 2014-present, Facebook, Inc. All rights reserved.
License:
You are hereby granted a non-exclusive, worldwide, royalty-free license to use, copy, modify, and distribute this software in source code or binary form for use in connection with the web services and APIs provided by Facebook.
As with any software that integrates with the Facebook platform, your use of this software is subject to the Facebook Developer Principles and Policies [http://developers.facebook.com/policy/]. This copyright notice shall be included in all copies or substantial portions of the software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Google Flexbox-Layout (https://github.com/google/flexbox-layout)
License: Apache 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
OkHttp (https://github.com/square/okhttp)
License: Apache 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
Stetho (https://github.com/facebook/stetho)
Copyright © 2015, Facebook, Inc. All rights reserved.
License:
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name Facebook nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Additional Grant of Patent Rights Version 2
"Software" means the Stetho software distributed by Facebook, Inc
Facebook, Inc. ("Facebook") hereby grants to each recipient of the Software ("you") a perpetual, worldwide, royalty-free, non-exclusive, irrevocable (subject to the termination provision below) license under any Necessary Claims, to make, have made, use, sell, offer to sell, import, and otherwise transfer the Software. For avoidance of doubt, no license is granted under Facebook’s rights in any patent claims that are infringed by (i) modifications to the Software made by you or any third party or (ii) the Software in combination with any software or other technology.
The license granted hereunder will terminate, automatically and without notice, if you (or any of your subsidiaries, corporate affiliates or agents) initiate directly or indirectly, or take a direct financial interest in, any Patent Assertion: (i) against Facebook or any of its subsidiaries or corporate affiliates, (ii) against any party if such Patent Assertion arises in whole or in part from any software, technology, product or service of Facebook or any of its subsidiaries or corporate affiliates, or (iii) against any party relating to the Software. Notwithstanding the foregoing, if Facebook or any of its subsidiaries or corporate affiliates files a lawsuit alleging patent infringement against you in the first instance, and you respond by filing a patent infringement counterclaim in that lawsuit against that party that is unrelated to the Software, the license granted hereunder will not terminate under section (i) of this paragraph due to such counterclaim.
A "Necessary Claim" is a claim of a patent owned by Facebook that is necessarily infringed by the Software standing alone.
A "Patent Assertion" is any lawsuit or other action alleging direct, indirect, or contributory infringement or inducement to infringe any patent, including a cross-claim or counterclaim.
Lottie for Android (https://github.com/airbnb/lottie-android)
License: Apache 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
AWS SDK for Android (https://github.com/aws/aws-sdk-android)
License: Apache 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
EventBus (https://github.com/greenrobot/EventBus)
Copyright © 2012-2016 Markus Junginger, greenrobot (http://greenrobot.org)
License: Apache 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
Java Topology Suite (https://github.com/locationtech/jts)
License:
Eclipse Distribution License - v 1.0
Copyright © 2007, Eclipse Foundation, Inc. and its licensors.
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the Eclipse Foundation, Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Iterable (https://github.com/Iterable/iterable-android-sdk)
Copyright © 2015 Iterable Inc.
License: MIT (https://github.com/Iterable/iterable-android-sdk/blob/master/LICENSE)
androidx (https://developer.android.com/jetpack/androidx)
License: Apache 2.0 (https://github.com/androidx/androidx/blob/androidx-main/LICENSE.txt)
Firebase (https://github.com/firebase/firebase-android-sdk/tree/main)
License: Apache 2.0 (https://github.com/firebase/firebase-android-sdk/blob/main/LICENSE)
sticky-headers-recycler-view (https://github.com/timehop/sticky-headers-recyclerview)
License: Apache 2.0 (https://github.com/timehop/sticky-headers-recyclerview/blob/master/LICENSE)
FragmentAnimations (https://github.com/kakajika/FragmentAnimations)
License: Apache 2.0 (https://github.com/kakajika/FragmentAnimations/blob/master/LICENSE)
Android Device Names (https://github.com/jaredrummler/AndroidDeviceNames)
License: Apache 2.0 (https://github.com/jaredrummler/AndroidDeviceNames/blob/master/LICENSE.txt)
Android Image Picker (https://github.com/esafirm/android-image-picker)
Copyright © 2021 Esa Firman
License: MIT (https://github.com/esafirm/android-image-picker/blob/main/LICENSE)
MPAndroidChart (https://github.com/PhilJay/MPAndroidChart)
Copyright © 2020 Philipp Jahoda
License: Apache 2.0 (https://github.com/PhilJay/MPAndroidChart/blob/master/LICENSE)
QualarooSDK for Android (https://github.com/qualaroo/android-sdk)
Copyright © 2018, Qualaroo, Inc. All rights reserved.
License: BSD 3-Clause "New" or "Revised" License (https://github.com/qualaroo/android-sdk/blob/dev/LICENSE.md)
Branch Android SDK (https://github.com/BranchMetrics/android-branch-deep-linking-attribution)
Copyright © 2015 Branch Metrics, Inc.
License: MIT License (https://github.com/BranchMetrics/android-branch-deep-linking-attribution/blob/master/License.txt)
RxJava (https://github.com/ReactiveX/RxJava)
License: Apache 2.0 (https://github.com/ReactiveX/RxJava/blob/3.x/LICENSE)
RxLifecycle (https://github.com/trello-archive/RxLifecycle)
License: Apache 2.0 (https://github.com/trello-archive/RxLifecycle/blob/master/LICENSE)
Arrow (https://github.com/arrow-kt/arrow)
Copyright © 2017 The Arrow Authors
License: Apache 2.0 (https://github.com/arrow-kt/arrow/blob/main/LICENSE)
Kotlin (https://kotlinlang.org/)
License: Apache 2.0 (https://github.com/JetBrains/kotlin/blob/master/license/LICENSE.txt)
Third-party code incorporated into the Kotlin compiler and/or the Kotlin IntelliJ IDEA plugin use these licenses: https://github.com/JetBrains/kotlin/blob/master/license/README.md
Gson (https://github.com/google/gson)
License: Apache 2.0 (https://github.com/google/gson/blob/main/LICENSE)
D8 Configuration to Desugar Desugar_jdk_libs (https://r8.googlesource.com/r8)
License: BSD-3-Clause (https://opensource.org/license/BSD-3-Clause)
Accompanist (https://github.com/google/accompanist)
License: Apache 2.0 (https://github.com/google/accompanist/blob/main/LICENSE)
Coil (https://github.com/coil-kt/coil)
License: Apache 2.0 (https://github.com/coil-kt/coil/blob/main/LICENSE.txt)
Google Maps Places SDK for Android
License: Google Maps Platform Terms of Service (https://cloud.google.com/maps-platform/terms)
Android Software Development Kit
License: Android Software Development Kit License Agreement (https://developer.android.com/studio/terms.html)
AppsFlyerAndroidSDK (https://github.com/AppsFlyerSDK/appsflyer-android-sdk)
License: AppsFlyer Terms of Use (https://github.com/AppsFlyerSDK/appsflyer-android-sdk/blob/master/LICENSE)
Protobuf (https://protobuf.dev/)
Copyright 2008 Google Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Code generated by the Protocol Buffer compiler is owned by the owner of the input file used when generating it. This code is not standalone and requires a support library to be linked with it. This support library is itself covered by the above license.
Bouncy Castle (https://www.bouncycastle.org/)
Copyright © 2000 - 2024 The Legion of the Bouncy Castle Inc. (https://www.bouncycastle.org)
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
comScore Analytics SDK for Android (https://www.comscore.com/)
Copyright © 2021 comScore, Inc. License: https://github.com/comScore/ComScore-Android/blob/master/LicenseAgreement.pdf
Glide (https://bumptech.github.io/glide/)
Copyright © 2014 Google, Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY GOOGLE, INC. "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL GOOGLE, INC. OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as representing official policies, either expressed or implied, of Google, Inc.
3.2. HOMEH's iOS app contains the following open source code:
Copyright (c) 2011 Błażej Biesiada, Future Simple Inc.
License:
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
SwiftyJSON (https://github.com/SwiftyJSON/SwiftyJSON)
Copyright (c) 2017 Ruoyu Fu License: MIT (https://github.com/SwiftyJSON/SwiftyJSON/blob/master/LICENSE)
Branch Metrics iOS SDK (https://github.com/BranchMetrics/ios-branch-deep-linking)
Copyright (c) 2015 Branch Metrics, Inc.
License: MIT (https://github.com/BranchMetrics/ios-branch-deep-linking/blob/master/LICENSE.txt)
Tweaks (https://github.com/facebook/Tweaks)
Copyright (c) 2014, Facebook, Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name Facebook nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Additional Grant of Patent Rights Version 2
"Software" means the Tweaks software distributed by Facebook, Inc.
Facebook, Inc. ("Facebook") hereby grants to each recipient of the Software ("you") a perpetual, worldwide, royalty-free, non-exclusive, irrevocable (subject to the termination provision below) license under any Necessary Claims, to make, have made, use, sell, offer to sell, import, and otherwise transfer the Software. For avoidance of doubt, no license is granted under Facebook’s rights in any patent claims that are infringed by (i) modifications to the Software made by you or any third party or (ii) the Software in combination with any software or other technology.
The license granted hereunder will terminate, automatically and without notice, if you (or any of your subsidiaries, corporate affiliates or agents) initiate directly or indirectly, or take a direct financial interest in, any Patent Assertion: (i) against Facebook or any of its subsidiaries or corporate affiliates, (ii) against any party if such Patent Assertion arises in whole or in part from any software, technology, product or service of Facebook or any of its subsidiaries or corporate affiliates, or (iii) against any party relating to the Software. Notwithstanding the foregoing, if Facebook or any of its subsidiaries or corporate affiliates files a lawsuit alleging patent infringement against you in the first instance, and you respond by filing a patent infringement counterclaim in that lawsuit against that party that is unrelated to the Software, the license granted hereunder will not terminate under section (i) of this paragraph due to such counterclaim. A "Necessary Claim" is a claim of a patent owned by Facebook that is necessarily infringed by the Software standing alone.
A "Patent Assertion" is any lawsuit or other action alleging direct, indirect, or contributory infringement or inducement to infringe any patent, including a cross-claim or counterclaim.
AWS Mobile SDK for iOS (https://github.com/aws/aws-sdk-ios)
Copyright 2016 Amazon.com, Inc. or its affiliates. All Rights Reserved.
License: Apache 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
SDWebImage (https://github.com/SDWebImage/SDWebImage)
Copyright (c) 2009-2017 Olivier Poitrey [email protected]
License: MIT (https://github.com/SDWebImage/SDWebImage/blob/master/LICENSE)
HPGrowingTextView (https://github.com/HansPinckaers/GrowingTextView)
Copyright (c) 2011 Hans Pinckaers
License: MIT (https://github.com/HansPinckaers/GrowingTextView/blob/master/LICENSE.txt)
Facebook SDK for iOS (https://github.com/facebook/facebook-ios-sdk)
Copyright (c) 2014-present, Facebook, Inc. All rights reserved.
License:
You are hereby granted a non-exclusive, worldwide, royalty-free license to use, copy, modify, and distribute this software in source code or binary form for use in connection with the web services and APIs provided by Facebook.
As with any software that integrates with the Facebook platform, your use of this software is subject to the Facebook Developer Principles and Policies [http://developers.facebook.com/policy/]. This copyright notice shall be included in all copies or substantial portions of the software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
AppsFlyerFramework (https://github.com/AppsFlyerSDK/AppsFlyerFramework)
Copyright 2018 AppsFlyer Ltd. All rights reserved.
License (https://github.com/AppsFlyerSDK/AppsFlyerFramework/blob/master/LICENSE)
lottie-ios (https://github.com/airbnb/lottie-ios)
Copyright 2018 Airbnb, Inc.
License: Apache License (https://github.com/airbnb/lottie-ios/blob/master/LICENSE)
Google APIs for Mobile (https://github.com/googlesamples/google-services)
Copyright 2019 Google, Inc.
License: Apache License 2.0 (https://github.com/googlesamples/google-services/blob/master/LICENSE)
comScore Analytics SDK for iOS & tvOS (https://github.com/comscore/ComScore-iOS-watchOS-tvOS)
Copyright 2019 comScore, Inc.
License: Darwin Libraries (https://github.com/comScore/ComScore-iOS-watchOS-tvOS/blob/master/LicenseAgreement.pdf)
Swift Protobuf (https://github.com/apple/swift-protobuf)
License: Apache License 2.0 (https://github.com/apple/swift-protobuf/blob/main/LICENSE.txt)
LifetimeTracker (https://github.com/krzysztofzablocki/LifetimeTracker)
Copyright (c) 2017 Krzysztof Zablocki
License: MIT (https://github.com/krzysztofzablocki/LifetimeTracker/blob/master/LICENSE)
DKImagePickerController (https://github.com/zhangao0086/DKImagePickerController)
Copyright (c) 2014 Bannings
License: MIT (https://github.com/zhangao0086/DKImagePickerController/blob/develop/LICENSE)
DKPhotoGallery (https://github.com/zhangao0086/DKImagePickerController)
Copyright (c) 2014 Bannings
License: MIT (https://github.com/zhangao0086/DKPhotoGallery/blob/develop/LICENSE)
SwiftyGif (https://github.com/kirualex/SwiftyGif)
Copyright (c) 2016 Alexis Creuzot
License: MIT (https://github.com/kirualex/SwiftyGif/blob/master/LICENSE)
Charts (https://github.com/danielgindi/Charts)
Copyright 2016-2019 Daniel Cohen Gindi & Philipp Jahoda
License: MIT (https://github.com/danielgindi/Charts/blob/master/LICENSE)
R.swift (https://github.com/mac-cain13/R.swift)
Copyright (c) 2014-2020 Mathijs Kadijk
License: MIT (https://github.com/mac-cain13/R.swift/blob/master/License)
INSPhotoGallery (https://github.com/m1entus/INSPhotoGallery)
Copyright 2016 Inspace Labs Sp z o. o. Spółka Komandytowa
License: Apache License 2.0 (https://github.com/m1entus/INSPhotoGallery/blob/master/LICENSE)
Swinject (https://github.com/Swinject/Swinject)
Copyright (c) 2015 Swinject Contributors
MIT License (https://github.com/Swinject/Swinject/blob/master/LICENSE)
QualarooSDK for iOS (https://github.com/qualaroo/ios-sdk)
Copyright (c) 2018, Qualaroo, Inc. All rights reserved.
BSD 3-Clause "New" or "Revised" License (https://github.com/qualaroo/ios-sdk/blob/master/LICENSE.md)
Tude (https://github.com/aditudeinc/cloud-ios-binaries.git)
Apache License (http://www.apache.org/licenses/LICENSE-2.0)
DataDog (https://github.com/Datadog/dd-sdk-ios.git)
Copyright 2019 Datadog, Inc.
Apache License (https://github.com/DataDog/dd-sdk-ios/blob/develop/LICENSE)
Firebase (https://github.com/firebase/firebase-ios-sdk)
Copyright 2019 Google LLC
License: Apache License 2.0 (https://github.com/firebase/firebase-ios-sdk?tab=Apache-2.0-1-ov-file#readme)
Fittedsheets (https://github.com/gordontucker/FittedSheets)
Copyright (c) 2018 Gordon Tucker
MIT License (https://github.com/gordontucker/FittedSheets?tab=MIT-1-ov-file#readme)
Flex (https://github.com/FLEXTool/FLEX)
Copyright (c) 2014-2016, Flipboard
Flex License (https://github.com/FLEXTool/FLEX?tab=License-1-ov-file#readme)
Hummingbird (https://github.com/hummingbird-project/hummingbird)
Copyright (c) 2020
Apache-2.0 license (https://github.com/hummingbird-project/hummingbird?tab=Apache-2.0-1-ov-file#readme)
iOSSnapshottestcase (https://github.com/uber/ios-snapshot-test-case)
Copyright (c) 2017-2018, Uber Technologies, Inc.
Copyright (c) 2013-2018, Facebook, Inc.
MIT License (https://github.com/uber/ios-snapshot-test-case?tab=MIT-1-ov-file#readme)
OCMock (https://github.com/erikdoe/ocmock)
Copyright (c) 2015
Apache-2.0 license (https://github.com/erikdoe/ocmock?tab=Apache-2.0-1-ov-file#readme)
SendbirdUIkit (https://github.com/sendbird/sendbird-uikit-ios-spm)
Copyright (c) 2022
Sendbird SDK LICENSE (https://github.com/sendbird/sendbird-uikit-ios-spm?tab=License-1-ov-file#readme)
Iterable (https://github.com/Iterable/iterable-swift-sdk)
Copyright (c) 2015 Iterable Inc.
MIT License (https://github.com/Iterable/iterable-swift-sdk?tab=MIT-1-ov-file#readme)
SwiftLintPlugins (https://github.com/SimplyDanny/SwiftLintPlugins)
Copyright (c) 2020 Realm Inc.
Copyright (c) 2024 Danny Mösch
MIT License (https://github.com/SimplyDanny/SwiftLintPlugins?tab=MIT-1-ov-file#readme)
UIView-Shimmer (https://github.com/omerfarukozturk/UIView-Shimmer) Copyright (c) 2021 Ömer Faruk Öztürk MIT License (https://github.com/omerfarukozturk/UIView-Shimmer?tab=MIT-1-ov-file#readme)
HOMEH Companies
Copyright Policy
Notification of Copyright Infringement:
The HOMEH Companies, as such term is defined in the Terms of Use, ("HOMEH") respects the intellectual property rights of others and expects its users to do the same.
It is HOMEH's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the "Notice and Notice" regime, which was implemented as part of the Copyright Modernization Act of 2015, the text of which may be found on the Canadian Intellectual Property Office (CIPO) website at https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en, HOMEH will respond expeditiously to claims of copyright infringement committed using the HOMEH Companies' websites and mobile applications (the "Sites") that are reported to HOMEH's Designated Copyright Agent, identified in the sample notice below.
Copyright Infringement Claims
In accordance with Canada's "Notice and Notice" regime, established by the Copyright Modernization Act, HOMEH will respond to valid claims of copyright infringement involving our websites and mobile applications (the "Sites"). The text of the legislation may be found on the Canadian Intellectual Property Office (CIPO) website.
As an Internet intermediary under Canadian law, HOMEH is required to forward a compliant Notice of Alleged Infringement from a copyright owner to the subscriber whose account was used for the alleged activity.
If you are a copyright owner, or are authorized to act on behalf of one, and wish to report an alleged copyright infringement, please provide a written Notice of Alleged Infringement that includes the following information:
- Your name and address.
- The title or description of the copyrighted material you claim has been infringed.
- Your interest or right with respect to the copyrighted material.
- The location data (e.g., URL or IP address) associated with the alleged infringement.
- A description of the alleged infringing activity.
- The date and time of the alleged infringement.
What the notice must not contain:
The Copyright Act was amended to prevent the use of notices for harassment or intimidation. For a notice to be valid, it must not contain any:
- Offer to settle the claim.
- Request or demand for payment or personal information.
- Reference (including a hyperlink) to such an offer or request.
HOMEH will not forward any notice that contains such prohibited content.
What happens after receiving a notice
Upon receipt of a valid notice, HOMEH will forward it to the subscriber associated with the alleged infringement. This process does not require HOMEH to remove the content.
Legal action for copyright infringement must be pursued directly through the Supreme court of Canada’s system. HOMEH will not provide a subscriber's personal information to a copyright owner without a valid court order.
Delivery of a Notice of Alleged Infringement
Please send your written Notice of Alleged Infringement to the following contact, designated for receiving these claims:
HOMEH Copyright Team:
505 Highway 7 East, Units 308 & 309, Thornhill, ON L3T 7T1
Email: [email protected]
1 (416) 301-9001
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to HOMEH's “Notice and Notice”:
Copyright Agent
HOMEH Legal Department
505 Highway 7 East, Units 308 & 309
Thornhill, ON L3T 7T1
Email: [email protected]
1 (416) 301-9001
Addendum: HOMEH Services
Welcome! This HOMEH Services Addendum ("HOMEH Services Addendum") is hereby incorporated into and is a part of the overall Agreement between you and the HOMEH Companies. The terms of this HOMEH Services Addendum supplement the terms of the Agreement with respect to the HOMEH Services (defined below) and in the event any term of this HOMEH Services Addendum directly conflicts with a term of the Agreement, the term contained in this HOMEH Services Addendum will control.
The HOMEH Services are offered by HOMEH and by accessing, downloading, or using any portion of the HOMEH Services, you signify that you accept the terms of this HOMEH Services Addendum as between you and HOMEH.
- Definitions
1.1. "Agent" means a licensed real estate agent in the jurisdiction in which the agent is performing services.
1.2. "MLS®" means multiple listing service.
1.3. "HOMEH" means HOMEH Inc., Brokerage, a real estate brokerage registered with the Real Estate Council of Ontario (RECO) in the Province of Ontario, Canada.
1.4. "HOMEH Agent" means an Agent employed or otherwise acting directly on behalf of HOMEH pursuant to a written agreement between HOMEH and the Agent. For clarification, HOMEH Agents do not include Agents participating in the HOMEH Partner Program.
1.5. "HOMEH Client" means a person who has entered into an agreement with a HOMEH Agent for the purpose of listing, selling, or buying a property in connection with the HOMEH Services.
1.6. "HOMEH Partner Program" means the partner program offered by HOMEH for Agents who are not HOMEH Agents.
1.7. "HOMEH Services" means the HOMEH Sites and the services provided by or for HOMEH through the HOMEH Sites that are not otherwise covered by the HOMEH Agent Agreements.
1.8. "HOMEH Sites" means HOMEH.com, HOMEH.ca, and other websites and mobile applications through which HOMEH may offer services.
All other capitalized terms will have the meaning as provided elsewhere in this HOMEH Services Addendum or in the Agreement.
- HOMEH Services Terms
2.1. You are required to enter into a separate listing or buyer agreement to become a HOMEH Client and list your home or buy a home using the services of a HOMEH Agent (the “HOMEH Agent Agreements”). The HOMEH Agent Agreements may incorporate the terms of this Agreement by reference.
2.2. Who May Use the HOMEH Services. To use the HOMEH Services, you must be a resident of the Canada or Canada.
2.3. Permissible Use of the HOMEH Services. Except as otherwise permitted under the HOMEH Partner Program, you acknowledge and agree that you are a homeowner or that you are an Agent acting directly on behalf of a homeowner. You agree to use the HOMEH Services only for residential real estate transactions and not for commercial real estate transactions of any kind. You agree that any listing information you post is about your or your client's home. You will not assert ownership rights of any kind in any listing information not provided by you.
2.4. Provision of Services. To access certain features and tools offered by HOMEH or its service providers in connection with the HOMEH Services, you may need to register with HOMEH or its service providers. You agree to provide accurate, true, current, and complete information to HOMEH. The personal information you provide in connection with the HOMEH Services will be protected as described in our Privacy Notice (in compliance with PIPEDA and Ontario’s FIPPA, where applicable). You are responsible for all activities related to the HOMEH Services that occur through your account and password. You agree to keep your password confidential, not use others' accounts, nor permit others to use your account. We reserve the right to terminate accounts in our sole discretion.
2.5. Submitting Content to HOMEH Services.
2.5.1. Permissible Submissions. You may submit Your Content (including those reviews described in Section 2.5.8 below) in accordance with this Agreement, including, without limitation, the Listing Submission Guidelines (see Section 2.5.3) and the Community Guidelines (see Section 2.5.4) in this HOMEH Services Addendum.
2.5.2. Representations. You represent and warrant that (i) Your Content is original to you and does not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person; (ii) Your Content does not contain any obscene, libelous, defamatory, abusive, or inappropriate content; and (iii) HOMEH's use of Your Content you provide will not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person. You are solely responsible for Your Content.
2.5.3. Listing Submission Guidelines.
2.5.3.1. Listings may only be posted to, or updated on, the HOMEH Services by the owner of the listed property (e.g., a For Sale by Owner listing) or by the contracted, exclusive listing Agent for such listing. HOMEH may require that you provide proof you are the owner of the subject property, or that you have an exclusive right to post or advertise the listing (e.g., by requiring a copy of the listing agreement). If HOMEH is unable to verify that you are the homeowner or are the contracted, exclusive listing Agent, HOMEH may remove the listing at any time in its sole discretion.
2.5.3.2. If you are an Agent providing a listing to or through the HOMEH Services, you hereby acknowledge and agree that:
(a) the owner of the home that is the subject of your listing has provided his/her consent and authorized you to post the listing to the HOMEH Services and doing so does not violate any term of your agreement with, or legal duties owed to, the owner of the home;
(b) your broker has authorized you to post the listing to the HOMEH Services and doing so does not violate any term of your agreement with, or legal duties owed to, your broker;
(c) you have complied with all relevant laws, regulations, and policies, including those overseen or enforced by the applicable real estate licensing regulatory authorities, the applicable MLS® and any applicable realtor's association, including as applicable the ASSOCIATION OF REALTORS©; and
(d) you are only submitting information that you know to be true and accurate, and you will update or remove your listing submitted to the HOMEH Services immediately if you become aware that information included therein is or becomes untrue or inaccurate.
2.5.4. Community Guidelines. All of Your Content, including listing submissions, must comply with this Agreement, including these Community Guidelines, all as may be interpreted by HOMEH in its sole discretion. You hereby acknowledge and agree to comply with the following Community Guidelines:
2.5.4.1. Be respectful. We welcome debate, but we will not tolerate personal attacks or defamatory statements about other users, clients, customers or agents. Please avoid controversial topics such as politics, race, religion, and sexuality.
2.5.4.2. Be honest. Only post information that you know is true and accurate. Similarly, do not misrepresent your identity or your affiliation with another person or entity. If you submit a review, your review must reflect your true and honest opinion of and experience with the provider, product, or service you review, and you must disclose any incentive you received for providing your review (e.g., if you received any discount for providing the review or you are connected (e.g., through employment or familial relationship) to the subject of the review).
2.5.4.3. Submit only what you have a right to submit. Do not submit or post any content that violates any applicable law or that infringes copyright or other intellectual property rights, including in the photos and written content that you submit. Do not submit information about real estate properties you do not own, unless you are authorized to do so as the contracted, exclusive listing Agent for that property.
2.5.4.4. Respect privacy and confidentiality. Do not publicly post the personal or private information of others or other peoples' contact information. This also includes communications from community administrators and moderators. In general, do not publicly disclose any confidential or sensitive information.
2.5.4.5. No solicitation. Real estate agents, brokers, salespersons, and other professionals are welcome on the HOMEH Sites, but not to promote their services. You can include information about your brokerage business in Your Content, but you cannot include your brokerage business's general contact information or website addresses. Do not embed any marketing information in listing photos or videos, including an agent's name, company or brokerage name, logo, phone number, or email address. (Where available, HOMEH will display the name, photo, license number, brokerage name, phone number, and/or email address of listing Agents who submit listings to the Services).
2.5.4.6. No spamming. Do not post advertising, junk mail, spam, scams, or chain letters.
2.5.4.7. No illegal or offensive posts. Do not submit or post anything that contains abusive, threatening, illegal, inflammatory, libelous, obscene, or pornographic content.
2.5.4.8. No discrimination. Do not post any content that expresses a discriminatory preference, even implicitly.
2.5.4.9. Individuals. Do not post any information that identifies any individual person whether such person is a property-owner or otherwise, or any information that could be used to identify any individual person, except for any Agent, salesperson, or broker associate with the applicable property.
2.5.5. MLS®s Not Responsible for Submissions. The MLS®s are not responsible or liable, directly or indirectly, in any way, for any loss or damage of any kind incurred as a result of, or in connection with, your or any other user's use of or reliance on any listing information, any related data, or posted or hyperlinked comments or reviews on the HOMEH Sites.
2.5.6. MLS®s Do Not Endorse Submissions. The MLS®s do not endorse any posted or hyperlinked comments or reviews on the HOMEH Sites.
2.5.7. HOMEH's License to Use Your Content. You hereby grant to HOMEH a license in Your Content pursuant to the Terms of Use of this Agreement.
2.5.8. Open Book. We may publish local reviews of real estate service providers by HOMEH Clients (title companies, trust companies, lenders, home inspectors, lawyers, and others) in our 'Open Book' section of the HOMEH Services or another portion of the HOMEH Services. We publish the reviews, even if they are not good. If we have an email address for the provider, we may, at our discretion, let them know that they have been reviewed and allow them to respond. Real estate service providers or HOMEH Clients who have questions can contact [email protected].
2.6. Partner Agent Program. HOMEH is not responsible for the work performed or the services provided by Agents in connection with the Partner Agent Program.
2.7. Equal Housing Opportunity. HOMEH is pledged to the letter and spirit of Canada and Canadian policy for the achievement of equal housing opportunity throughout the areas in which we offer HOMEH Services and to compliance with all applicable human rights legislation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, sexual orientation, gender identity or expression, handicap, familial status, national origin, or other legally protected group.
2.8. HOMEH Services Content.
2.8.1. Maps & Neighbourhood Location Outlines. Any Maps, neighborhood outlines that appear on the HOMEH Sites or HOMEH Services have been supplied by OpenStreetMap (OSM).
2.8.2. School Ratings and Reviews. Where available, Schools ratings are provided by TDSB & YRDSB.
2.9. MLS® Terms of Use. Before we can show you pictures and prices of sold homes, or show you comments on active listings from HOMEH Agents, our MLS data providers require you to acknowledge that you consider HOMEH to be your real estate agent, broker or salesperson. For purposes of clarification, talking to a HOMEH Agent generally about listings or home sales comps does not create an obligation to work with a HOMEH Agent to buy or sell a home. However, you are required to enter into a HOMEH Agent Agreement and become a HOMEH Client before you can list your home or buy a home using the services of a HOMEH Agent. Before proceeding to view the content made available through the HOMEH Services, you must acknowledge all of the following:
2.9.1. You are entering into a lawful consumer-broker, seller/buyer-brokerage, or similar relationship with HOMEH (as defined by applicable state or provincial/territorial law). You have no obligation to work with HOMEH and you can terminate your account with HOMEH at any time. Any information you obtain from the HOMEH website is intended for your personal, non-commercial use.
2.9.2. You have a bona fide interest in the purchase, sale, or lease of real estate on the HOMEH Sites.
2.9.3. You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.
2.9.4. You will not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell, or sublicense, any information provided through the Services to another individual or entity. This prohibition expressly includes "scraping" (including screen and database scraping), "data mining", or any other activity intended to collect, store, re-organize, summarize, or manipulate any information provided or any related data.
2.9.5. You acknowledge that the individual MLS® that supplies the listing data is the owner of such data and you acknowledge the validity of the MLS®'s system, and MLS®'s proprietary rights and copyright to such data and any related data.
2.9.6. HOMEH also explicitly authorizes MLS® employees, MLS® members, or their duly authorized representatives to access HOMEH's website for the purposes of verifying compliance with MLS® rules and monitoring the display of participants' listings on HOMEH's site.
2.9.7. HOMEH makes no guarantees as to the reliability, accuracy, or up to date nature of any information from MLS® sources.
2.9.8. Additional disclosures apply to residents of other provinces across Canada.
2.10. Location-Specific Agreements and Disclaimers for MLS®s and other Data Providers. HOMEH receives the home listing information from many listing sources. The following disclaimers apply to listings only from that particular data source. To the extent there are defined terms in the disclaimers below, such definitions shall only apply to the use of those terms in such particular disclaimer.
Canadian Real Estate Association
This REALTOR.ca listing content is owned and licensed by REALTOR® members of The Canadian Real Estate Association.
Last updated: Sep 09, 2025 10:46 AM
Toronto Regional Real Estate Board
Information is deemed reliable but is not guaranteed accurate by TRREB. The information provided herein must only be used by consumers that have a bona fine interest in the purchase, sale, or lease of real estate and may not be used for any commercial purpose or any other purpose.
Last updated: Sep 09, 2025 11:15 AM
2.10.142. For Residents of Canada:
This Site contains Postal Code (official mark) Data copied under license from Canada Post Corporation. The Canada Post Corporation file from which this data was copied is dated November 2018.
Ce Site contient des données qui ont été reproduites avec l'autorisation de la Société canadienne des postes. Le fichier de la Société canadienne des postes d'où proviennent ces données est daté du Novembre 2018.
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 Site 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 Site is operated by a brokerage or salesperson who is a member of The Canadian Real Estate Association.
The listing content on this Site 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 Site.
The Sites contain information adapted from Statistics Canada (2016 Census), and such information is reproduced and distributed on an "as is" basis with the permission of Statistics Canada. This does not constitute an endorsement by Statistics Canada of the Sites.
2.10.142.1. Real Estate Board of Greater Vancouver
This information is deemed reliable, but not guaranteed. You agree that you have received, read, and understood the brochure published by the British Columbia Real Estate Association entitled Privacy Notice (in compliance with PIPEDA, where applicable) and Consent.
Service Models and Promotional Terms
The following service models and promotional terms apply to eligible HOMEH transactions. These terms supersede any conflicting fee descriptions elsewhere in these Terms of Use.
Listing Fee Waiver (Sell & Buy): When you sell with HOMEH and also buy your next home with HOMEH within 365 days, the listing fee may be waived at HOMEH’s discretion. Otherwise, a 1% listing fee applies. HOMEH listings include full MLS® services with free photography, virtual staging, showings, signage, and marketing. The seller still pays the buyer brokerage’s commission, which is not included. Subject to change.
1% Listing Fee (Sell Only): Applies only when you sell with HOMEH. Includes full MLS® services with free photography, virtual staging, showings, signage, and marketing. Buyer’s agent commission is not included.
1.5% Cashback Rebate (Buy Only): The Cashback Rebate is a rebate of part of the commission HOMEH Inc., Brokerage earns on your purchase. Applies only when you buy with HOMEH. Receive 1.5% of the purchase price as a Cashback Rebate at closing. To qualify for the 1.5% Cashback Rebate, you must sign a representation agreement with a HOMEH agent before your second tour, purchase a home with HOMEH within 180 days, and not be working with another agent. If these conditions are not met, you’ll be eligible to receive a 1% Cashback Rebate on the purchase price when you buy with HOMEH. Offer valid for a limited time and subject to change.
Additional terms: Incentives are paid subject to lender and legal permissions at closing. Incentives are not available where prohibited by law or by a third party (e.g., lender). HOMEH may modify or discontinue promotions at any time at its sole discretion.
Ontario Governing Law and Dispute Resolution
These Terms of Use and any dispute or claim arising out of or relating to them are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or any related matters shall be referred to and finally resolved by binding arbitration administered by the Canadian Arbitration Association (AA) under its applicable rules. The seat/place of arbitration is Toronto, Ontario, and the language of the arbitration is English. Either party may seek provisional or injunctive relief in the courts of Ontario to protect its rights pending the outcome of arbitration. You and HOMEH agree to resolve disputes only on an individual basis; class, consolidated, or representative proceedings are not permitted.
Privacy
HOMEH handles personal information in accordance with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable Ontario privacy requirements. Please review HOMEH’s Privacy Policy for details on how information is collected, used, and disclosed.
Copyright Takedowns (Canada)
If you believe material on our Services infringes your copyright, please submit a notice under the Canadian Copyright Act to [email protected] with sufficient detail to identify the work and the allegedly infringing content. HOMEH may remove or disable access to content and, where appropriate, notify the user who posted it.
MLS® and Association Notices
MLS® is a registered trademark of the Canadian Real Estate Association (CREA) and is used to identify real estate services provided by brokerages who are members of CREA. Listing data is provided by participating boards and associations and may not be exact or current. Not intended to solicit buyers or sellers currently under contract with another brokerage.
Terms of Service Agreement
By using this web site, you are agreeing to comply and be bound by the following terms of service and use. Please review the following terms in their entirety and ensure their comprehension before using and viewing this web site.
Acknowledge and understand that the Terms of Use do not create an agency relationship and do not impose a financial obligation on the Registrant or create any representation agreement between the Registrant and the Participant.
That this “Terms of Use“ does not impose a financial obligation on you or create any representation agreement between you and HOMEH.
HOMEH is an Affiliated VOW Partner registered with Toronto Regional Real Estate Board. All MLS® Listing data is intended only for your personal, non-commercial use. Users must have a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through this VOW. All registrants agree that you will not copy, redistribute, retransmit, or otherwise use any of the data or Listing Information provided, except in connection with your consideration of the purchase, sale, or lease of an individual property.
If at any time, an agreement is entered between HOMEH Inc. and Consumer imposing a financial obligation on the Consumer or creating representation of the Consumer by HOMEH Inc., it must be established separately from the Terms of Use, must be prominently labeled as such, and may not be accepted solely by mouse click.
PropTx
Acknowledges PropTx’s ownership of, and the validity of PropTx’s proprietary rights and copyright in the MLS® database, MLS® data, PropTx’s MLS® System, and Listing Information.
You will not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense any Listing Information to another individual or entity. The prohibited uses expressly include “scraping“ (including “screen scraping“ and “database scraping“), “data mining“ or any other activity intended to collect, store, re-organize, summarize or manipulate any Listing Information or any related data.
The Terms of Use agreement also expressly authorizes PROPTX, and other PROPTX Members or their duly authorized representatives, to access the VOW for the purposes of verifying compliance with MLS® Rules and Policies (including the VOW Rules) and monitoring the display of Members’ Listings by the VOW
Consent to the fact that your Personal Information, including first and last name, email address, and phone number may be collected, used or disclosed. The personal information may be shared with PROPTX for auditing and/or legal purposes.
The information here is deemed reliable but not guaranteed by PROPTX.
Toronto Regional Real Estate Board’s Disclaimers
Acknowledges Toronto Regional Real Estate Board’s (“TRREB“) ownership of and the validity of TRREB’s proprietary rights and copyright in the MLS® database, MLS® data, TRREB’s MLS® System, and Listing Information
You will not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense any Listing Information to another individual or entity. The prohibited uses expressly include “scraping“ (including “screen scraping“ and “database scraping“), “data mining“ or any other activity intended to collect, store, re-organize, summarize or manipulate any Listing Information or any related data
The Terms of Use agreement also expressly authorizes TRREB, and other TRREB Members or their duly authorized representatives, to access the VOW for the purposes of verifying compliance with MLS® Rules and Policies (including the VOW Rules) and monitoring the display of Members’ Listings by the VOW
Consent to the fact that your Personal Information, including first and last name, email address, and phone number may be collected, used or disclosed. The personal information may be shared with TRREB for auditing and/or legal purposes.
The information here is deemed reliable but not guaranteed by TRREB
Information Technology Systems Ontario’s Disclaimers
Agree not copy, redistribute, or retransmit any of the VOW Content, except in connection with the VOW Customer’s consideration of the purchase or sale of an individual property.
Acknowledges the Association’s ownership of and the validity of the Association’s copyrights in the MLS® System data.
Despite the preceding provisions, the MLS®, Association and other Members and their duly authorized representatives may access the VOW for the purposes of verifying compliance with these Regional MLS® Rules and monitoring display of other Members’ listings by the VOW.
Information is deemed reliable but is not guaranteed accurate by Information Technology Systems Ontario.
The Canadian Real Estate Association’s Disclaimers
CREA is the owner of the REALTOR® and MLS® trademarks: “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 site 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.
This website is operated by a brokerage who is a member of The Canadian Real Estate Association.
The Ottawa Real Estate Board’s Disclaimers
The information provided herein shall only be used by consumers that have a bona fide interest in the purchase, sale, or lease of real estate and may not be used for any commercial purpose or any other purpose. The information is deemed reliable but is not guaranteed accurate by OREB.
REALTORS® Association of Hamilton-Burlington (RAHB) Disclaimers
The information provided herein shall only be used by consumers that have a bona fide interest in the purchase, sale, or lease of real estate and may not be used for any commercial purpose or any other purpose. The information is deemed reliable but is not guaranteed accurate by RAHB.
RAHB makes no representations about the suitability of the data or graphics published on this site. The listing information is deemed reliable, but not guaranteed.
Pillar 9™(Alberta One Realty Listing Services Inc.) Disclaimers
Agree not copy, redistribute, or retransmit any of the VOW Content, except in connection with the VOW Customer’s consideration of the purchase or sale of an individual property. Acknowledges the Association’s ownership of and the validity of the Association’s copyrights in the MLS® System data. Despite the preceding provisions, the MLS®, Association and other Members and their duly authorized representatives may access the VOW for the purposes of verifying compliance with these Regional MLS® Rules and monitoring display of other Members’ listings by the VOW. Information is deemed reliable but is not guaranteed accurate by Pillar 9™
Real Estate Board of Greater Vancouver (REBGV) Disclaimers
The Registrant has received, read and understood the brochure published by the British Columbia Real Estate Association entitled “Privacy Notice and Consent” ; the Registrant acknowledges entering into a lawful REALTOR®/ consumer or REALTOR®/client relationship with the Member; all data obtained from the MLS® VOW is intended for and may only be used for the Registrant’s personal, non-commercial use; the Registrant has a bona fide interest in the purchase, sale or lease of real estate of the type being offered through the MLS® VOW; the Registrant will not himself, and will not permit or assist others to, directly or indirectly: (i) copy, redistribute or retransmit any of the MLS® VOW Data or information provided; copy, redistribute or retransmit any of the MLS® VOW Data or information provided; display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense any of the MLS® VOW Data to another person.
engage in Scraping (including “screen scraping” and “database scraping”), “data mining” or any other activity intended to collect, store, re-organize, summarize or manipulate any MLS® VOW Data or any related data; the Registrant acknowledges the Board’s ownership of, and the validity of the Board’s proprietary rights and copyright in the MLS® VOW Data, and listing information; and the Registrant expressly authorizes the Board or their duly authorized representatives, to access the MLS® VOW and Registrant’s information provided to the MLS® VOW Participant, for the purposes of verifying compliance with and pursuing enforcement of the Terms of Use and all applicable rules, regulations, bylaws, policies, and laws.
Victoria Real Estate Board (VREB) Disclaimers
- That the registered user has received, read, and understands the brochure published by the Real Estate Council of BC (RECBC) entitled \”Disclosure of Representation in Trading Services\”;
ii. That all data obtained from the VOW is intended only for the registered user’s personal, non-commercial use;
iii. That the registered user has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the VOW;
iv. That the registered user will not copy, redistribute, or retransmit any of the Licensed Data or information provided; and
v. That the registered user acknowledges the Boards’ copyright in the Licensed Data.
vi. A Terms of Use (TOU) agreement may not impose a financial obligation on a client or create an agency agreement with a client.
Copyright
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.
The content in its entirety, including text content, graphics, layouts, and all source code, belong to the owners of the web site. This term is protected by intellectual property rights and copyright law. Copying, redistribution, use or publication either for free or for monetary gain is strictly prohibited. Some of the content on the site is the copyrighted and licensed work of third parties.
Trademarks
The trademarks REALTOR®, REALTORS®, and the REALTOR® logo are controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. The trademarks, Multiple Listing Service® and the associated logos are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. Used under license.
The MLS® trademark and the MLS® logo are owned by CREA and identify the professional real estate services provided by members of CREA.
Terms of Use
- The content of this web site in its entirety is subject to change without notice. Its purpose is for your general information only.
- No parties guarantee the accuracy, timeliness, performance, completeness, or suitability of the content and information found on this site. You acknowledge that errors or inaccuracies may exist, and that the owners of the site are in no way liable for any such errors.
- The owners of the site are not responsible and hold no liability for third-party content that may be posted on the site by end users, or for content that is linked to from this web site including other web sites.
- The use of and viewing of information on this site is at your own risk. Any consequences of use that may occur are not the liability of the web site owners.
- Unauthorized use of this web site or its contents may give rise to a claim for damages and/or be a criminal offense enforceable by local and international law.
- We reserve the right to restrict access to certain areas of the web site at our own discretion. If a username and password, or any other access credentials, are provided to you as the end user, it is your responsibility to keep such information confidential.
- The Registrant has received, read and understand the brochure published by the British Columbia Real Estate Association entitled “Working With a REALTOR®” (this document may be linked)
- All data obtained from the MLS® VOW is intended only for the Registrant’s personal, non-commercial use that the Registrant has a bona fide interest in the purchase, sale or lease of real estate of the type being offered through the MLS®VOW
- The Registrant will not copy, redistribute or retransmit any of the MLS® VOW Data or information provided
- The Registrant acknowledges the Board’s copyright in the MLS® VOW Data
General and Legal Notices. You may contact us here or via mail or courier to our current address at 505 Highway 7 East, Units 308 & 309, Thornhill, ON L3T 7T1.
RECO Registration #6000380
HOMEH is registered to trade in real estate in Ontario as HOMEH Inc., Brokerage under the Trust in Real Estate Services Act, 2002, and is regulated by the Real Estate Council of Ontario (RECO).
Broker of Record Licence #5034208
TRREB Membership #20004000
If you are using a screen reader, or having trouble reading this website, please call HOMEH Customer Support for help at 1-416-301-9001.
HOMEH is committed to and abides by the Ontario Human Rights Code. Equal Housing Opportunity.
About HOMEH and Contact Information
HOMEH Inc., Brokerage ("HOMEH") operates in Canada, with services focused on Ontario. Head Office: 505 Highway 7 East, Units 308 & 309, Thornhill, ON L3T 7T1, Canada.
Website: www.homeh.com | General inquiries & Legal: [email protected]
Copyright © 2026 HOMEH Inc., Brokerage | All rights reserved.
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