Terms And Conditions



(1) Introduction

Welcome to HomeGroove.

This website is provided solely for informational purposes by HomeGroove, and its use by you is conditional on your acceptance of the terms and conditions of use set forth below ("Terms and Conditions").

By accessing or using any part of HomeGroove's website including without limitation your accessing, using and/or downloading text, images, information, listings, messages, products, services or other content offered by or through these website (collectively the "Content"), or your sending messages, information, data, text, software or images, or other materials to HomeGroove's website ("Materials"), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by these Terms and Conditions. If you are dissatisfied with any portion of HomeGroove's website or with any of these terms of use, your sole remedy is to discontinue using HomeGroove's website.

These terms and conditions of use may be changed at any time by HomeGroove without notice. Your continued access and use of this website will mean that you agree to be bound by the most current version of the terms and conditions of use. Please check these terms and conditions periodically for any changes.

(2) Liability & Disclaimers

The information provided on HomeGroove's web site (the "Site") is provided on an "As Is" basis and for general informational purposes only.

HomeGroove makes no representation or warranty of any kind regarding any information, materials or other documents, which are on, or referenced by, or linked from, the HomeGroove web sites, including without limitation, any representation or warranty regarding the accuracy, reliability, currency, completeness, fitness for a particular purpose, or non-infringement of proprietary rights.

HomeGroove shall not be responsible or liable, directly or indirectly, for the accuracy, content, timeliness, completeness, legality, reliability, quality, suitability or decency of any information, advice, content, service, product or merchandise contained on the HomeGroove site or in sites linked to or from HomeGroove's web site.

Under no circumstances will HomeGroove or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensors, or any other party involved in creating, producing, or distributing HomeGroove's content be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to loss of profits, goodwill, use data or other intangible losses) that result or arise from (a) the use of and reliance on the HomeGroove website or the information thereon, (b) the inability to use any of the HomeGroove website, (c) mistakes, omissions, interruptions, suspension, termination, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance with respect to the HomeGroove website, including without limitation those that result from acts of god, communications failure, theft, destruction, or unauthorized access to HomeGroove's records, programs, or services, (d) merchandise, products, or services received through or advertised on HomeGroove's website and merchandise, products, or services received through or advertised on any links provided on HomeGroove's website, (e) information or advice received through or advertised on HomeGroove's website and information or advice received through or advertised on any links provided on HomeGroove's website and (f) any information, data, text, messages and other materials that you email, post, upload, reproduce, transmit or otherwise distribute using HomeGroove's website.

This Site acts as a venue, among other things, for agents to post their real estate listings.

HomeGroove does not screen or censor the listings offered. As a result, HomeGroove has no control over the quality, safety or legality of the properties or other posted listings, the truth or accuracy of the listings, and the ability of Agents to represent those listings. In addition, there may be risks, including but not limited to risk of physical harm of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through this Site.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any posting or other Materials placed by you, as applicable on the Site.

HomeGroove shall not be responsible for any contract decisions, for whatever reason made, by any entity engaging in a contract with a real estate agent as a result of this Site.

Because user authentication on the Internet is difficult, HomeGroove cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on these Sites, in the event that you have a dispute with one or more users, you release HomeGroove (and our agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

HomeGroove is under no legal obligation to, and generally does not, control the Materials provided by other users which is made available through these Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. HomeGroove does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content. The use of these Sites and the Content is at your own risk.

These Sites contain materials, data and information which is provided, posted or offered by third parties, including third party provided content, advertisements and user content. You agree that HomeGroove shall have no liability whatsoever for any such third party material, data or information.

Certain links on these Sites may take you to other web sites. HomeGroove provides these links only as a convenience. HomeGroove is not responsible for the content of any such linked pages. HomeGroove makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. If you use these sites, you will leave HomeGroove's Sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

HomeGroove may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of these Sites, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, these Sites; (ii) adding, removing or changing any fees or charges for use of these Sites or any features thereof; (iii) removing, adding, modifying or otherwise changing any Content on these Sites. HomeGroove reserves the right, in its sole discretion, to correct any errors or omissions in any portion of these Sites at any time without notice, but confirms that it has no duty to do so.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any posting or other Materials placed by you, as applicable on these Sites.

Because some jurisdictions do not allow the restriction, exclusion or limitation of liability for, in such jurisdictions liability is limited to the fullest extent permitted by law.

HomeGroove expressly disclaims all representations, warranties and conditions, including without limitation any implied warranties and conditions of merchantability, merchantable quality, non-infringement and fitness for a particular purpose and those arising by statute or otherwise in law or from a course of dealing or usage of trade. HomeGroove does not warrant that these sites will continue to operate, operate without interruptions or that it will be error-free.

(3) Agreement to Privacy and Data Protection Policy

You agree to abide by the HomeGroove Privacy and Data Protection Policy, a copy of which is accessible from the home page of the Site.

(4) Choice of Law

This Site is controlled, operated and administered by HomeGroove from its offices within Canada. HomeGroove makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Content accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Ottawa or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

(5) Arbitration

Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Ottawa, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.

Notwithstanding the foregoing, each party may pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

(6) General

(i) Except as expressly provided in additional terms of use for specific areas of the Sites, a particular legal notice, or an additional Agreement, these Terms and Conditions constitute the entire agreement between HomeGroove and you with respect to the subject matter hereof; (ii) Any cause of action you may have with respect to your use of these Sites or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises; (iii) If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect; (iv) The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party; (v) The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default; (vi) No changes to these Terms and Conditions shall be made except by a revised posting on this page.

(7) Additional Terms of Use

Certain areas of these Sites may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

(8) Refund and Cancellation Policy

HomeGroove stands behind our service with a %100 guarantee. Here are our policies:

a) A new client is entitled to a full refund within 30 days of signing up for a paid HomeGroove membership. The client need only demonstrate to HomeGroove that they obtained no new business as a result of our services.

b) A paying HomeGroove member may cancel their membership at the end of any monthly billing cycle. No reason need be given.

c) Every few months HomeGroove reserves the right to review and adjust our membership packages and pricing. At such time, paying members will be provided the option of switching or canceling their memberships without reason.

Please contact us should you have any further questions or concerns regarding this policy.