Deluxe Realty Marketing

Terms and Conditions

Welcome to Deluxe Realty Marketing

These terms  and conditions (the “Terms”)outline the rules and regulations for the use of Deluxe Realty Marketing’s website, www.deluxerealtymarketing.com (the “Website”). This Website is a copyrighted work belonging to Deluxe Realty Marketing Corp. ( the “Company”, “Deluxe Realty” “Ourselves”, “We”, “Our” and “Us”).Deluxe Realty Marketing is located at 7068 Brittany CRT Niagara Falls ON Canada.  Through our Website and other means we offer various range of marketing services including but not limited to (1) online advertising services; (2) support training; and (3) online courses (the “Services”).

These Terms, together with our Privacy Policy and our Billing Policy, and if you are a subscriber of Deluxe Realty Marketing’s services, your Subscription Agreement, shall constitute the entire Agreement between Us and you with respect of our Services and your use of our Website and shall supersede all prior proposals, negotiations and communications, oral or written.

THESE TERMS SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEBSITE. BY ACCESSING, DOWNLOADING, OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEBSITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT CONTINUE THE USE OF OUR WEBSITE AND/OR ACCESS THE WEBSITE.

The following terminology applies to these Terms: “Client”, “You” and “Your” refers to you, the person accessing this Website and accepting the Company’s Terms. , “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All Terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s Services, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

  • Changes to the Terms and Condition

Occasionally we may make changes to the these Terms for valid reasons, such as improving the existing functions or features or adding new functions or features to the our Website, implementing advancements in science and technology, and reasonable technical adjustments to the Services, ensuring the operability or the security of the Services, and for legal or regulatory reasons. Deluxe Realty Marketing reserves the right to update the Terms any time. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our Website or by sending an email to any address you may have provided to Us. Payment: Please therefore make sure you read any such notice carefully.

“You understand that prior to Deluxe Realty Marketing providing the Services you shall be required to choose a subscription plan, sign a subscription agreement, and pay all fees listed in your subscription agreement (the “Subscription Agreement”). Unless otherwise stated, all Subscription Agreements require an advertising budget that you agree to pay the required amount (the “Ad Budget”)  as stated in your Subscription Agreement.

You agree to be charged by us as per your Subscription Agreement, and any other charges you may incur in connection with your use of the Services. Subscription plans that include, but are not limited to 3 month, 6 month, or 12 month terms are charged on your designated credit card/debit card automatically each month. In the case of prepaid/upfront payment subscription plans, you will be charged as per the specific terms of the plan. Failing to pay remaining service balances will result in a suspension of services and may be automatically turned over to a third-party collection service.

Please carefully review the Billing Policy for further clarification on payments and other related topics. 

2. HOW DELUXE REALTY WORKS

3. Cookies

We employ the use of cookies. By using Deluxe Realty Marketing’s website you consent to the use of cookies in accordance with Deluxe Realty Marketing’s privacy policy.
Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

4. License

Unless otherwise stated, Deluxe Realty Marketing and/or it’s licensors own the intellectual property rights for all material on Deluxe Realty Marketing. All intellectual property rights are reserved. You may view and/or print pages from deluxerealtymarketing.com for your own personal use subject to restrictions set in these terms of service.
You must not:

  • Republish material from deluxerealtymarketing.com
  • Sell, rent or sub-license material from deluxerealtymarketing.com
  • Reproduce, duplicate or copy material from deluxerealtymarketing.com
  • Redistribute content from Deluxe Realty Marketing (unless content is specifically made for redistribution).
    Hyperlinking to our Content
  • The following organizations may link to our Website without prior written approval:
  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
  • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
  • These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site. 
  • We may consider and approve in our sole discretion other link requests from the following types of organizations:
  • commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
  • associations or other groups representing charities, including charity giving sites,
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms whose primary clients are businesses; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Deluxe Realty Marketing; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]marketing.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator (Web address) being linked to; or
  • By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Deluxe Realty Marketing’s logo or other artwork will be allowed for linking absent a trademark license agreement.

5. INTELLECTUAL PROPERTY OWNERSHIP 

(a) Except for your content (herein referred to as “Content”), all text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, software and other works on the Website (the “Materials”) are owned by Deluxe Realty and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Deluxe Realty and you, all right, title and interest in and to the Materials will at all times remain with Deluxe Realty and/or its Owners. The word “Deluxe Realty,” the Deluxe Realty logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Deluxe Realty. All Content is the sole responsibility of the user who provided it and is stored upon Deluxe Realty servers and/or system solely at the direction of such user. Deluxe Realty reserves all other rights. Except as expressly provided herein, nothing on the website shall be construed as conferring any license under Deluxe Realty’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Deluxe Realty may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

(b) You retain ownership of your Content, and you hereby grant (1) Deluxe Realty and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) your Content, solely in connection with the Website (including without limitation for purposes of promoting the Website), and (2) users of the Website a limited, revocable, non-exclusive, royalty-free, fully paid-up right to reproduce, distribute and publicly display your Content, provided such users give attribution and use your Content solely for their personal, non-commercial purposes. For the avoidance of doubt, you agree that your sole compensation with regards to Deluxe Realty’s use of your Content, including for its own promotional purposes, is your use of the Website in accordance with these Terms, and that you shall not be entitled to any other form of compensation in relation thereto. You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (iii) you have the written consent, release, and permission of each and every identifiable person included in your Content to use the name or likeness of such persons and to authorize Deluxe Realty to store, copy, display or otherwise distribute such person(s) name and likeness in connection with the Website.


(c) By using the Website, you hereby grant Deluxe Realty and its designees a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual right and license to use your name, image, and likeness (your “ Image”), solely in connection with the Website (including without limitation for the purposes of promoting the Website), provided, however, Deluxe Realty shall not use your Image in any manner which implies (directly or indirectly) endorsement, sponsorship, approval or recommendation by you of the Website or Deluxe Realty.

 

6. LIMITED USE; RESTRICTIONS ON USE 

No other use of the Website or Materials is authorized. Framing of the Website or Materials or posting Materials on other web sites is strictly prohibited. The use or misuse of any Materials, except as provided in these Terms of the use of the Materials, is strictly prohibited. You shall not, without the Deluxe Realty’s express written consent: (a) distribute text or graphics to others, (b) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or re-use all or part of the Materials on this system or any other system, (c) use any tradename, trademark, or brand name of Deluxe Realty in metatags, keywords and/or hidden text, (d) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof, (e) create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way, and (f) use the Website, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Deluxe Realty, the Owner, or any third party referenced therein. You shall use the Materials, and/or any services and products on the Website or accessible via the Website for lawful purposes only. We reserve all other rights. You do not acquire ownership rights to any Materials viewed or accessed, and Deluxe Realty’s posting of the Materials on the Website does not constitute a waiver of any right in such Materials. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials.

 

7. ACCEPTABLE USE 

Your use of the Website is conditioned upon your compliance with the following rules (“Restrictions”):

You shall not: (i) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Website; (iii) “frame” or “mirror” any portion of the Website, or link to any Material other than via the homepage of the URL located at http:// www.deluxerealtymarketing.com or the URLs provided by us to you for such purposes, without our prior written authorization; (iv) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website; or (v) harvest or collect information about or from users of the Website without their express consent and, if such consent is provided, only pursuant to applicable law. Deluxe Realty does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and Deluxe Realty expressly disclaims any and all liability in connection with user Content.

8. Iframes

Without prior approval and express written permission, you may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our Website.

9. Content Liability

We shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against any and all claims arising out of or based upon your use of the Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

10. Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these Terms and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms of service.


Removal of links from our
Website

If you find any link on our Website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

11. Disclaimer


To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury resulting from negligence;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

DISCLAIMER OF OTHER WARRANTIES; NON-RELIANCE. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 11  NEITHER DELUXE REALTY  NOR ANY PERSON ON DELUXE REALTY’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED; AND  YOU ACKNOWLEDGE THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY DELUXE REALTY , OR ANY OTHER PERSON ON DELUXE REALTY’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION 11. 

12. LIMITATION OF LIABILITY

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER DELUXE REALTY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE WEBSITE OR THROUGH THE USE OF OUR SERVICES, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT AND CONTENT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF DELUXE REALTY OR YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE OR ITS TERMS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST DELUXE REALTY AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DELUXE REALTY AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

ASSUMPTION OF RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF THE SERVICES IN THE PRACTICE OF ANY PROCESS, WHETHER IN TERMS OF OPERATING COSTS, GENERAL EFFECTIVENESS, SUCCESS OR FAILURE RELATED TO THE USE OF SUCH SERVICES.

TERMINATION 

Deluxe Realty may cancel, suspend or block your use of the Website or Service without notice for any reason, at our sole discretion, including if there has been a violation of these Terms. Your right to use the Website will end once your Subscription Agreement is terminated. Deluxe Realty is not responsible or liable for any records or information that is made unavailable to you as a result of your termination of your Subscription Agreement. YOU AGREE THAT DELUXE REALTY WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE OR SERVICE. Any limitations on liability that favor Deluxe Realty will survive the expiration or termination of these Terms for any reason.

In addition, Deluxe Realty Marketing in its sole discretion may suspend or terminate your account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you.

ASSIGNMENT 

The Terms , and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Deluxe Realty without restriction.

 

NOTICE 

Your affirmative act of using the Website or registering for an account constitutes your electronic signature to these Terms and your consent to enter into agreements with Deluxe Realty electronically. You also agree that Deluxe Realty may send any notices, disclosures, reports, documents, communications or other records regarding the Website (collectively, “Notices”) in electronic form to: (1) the e-mail address that you provided during registration, or (2) by posting the Notice on the Website. The delivery of any Notice from is effective when sent by Deluxe Realty, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by termination of the Subscription Agreement. You must give notice to us in writing via email to [email protected] or as otherwise expressly provided.

MISCELLANEOUS 

Deluxe Realty’s failure to enforce any provision of the Terms  shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. A printed version of the Term and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.



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