This version has been in effect since December 1, 2023.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY PART OF THE SERVICES. THESE TERMS GOVERN YOUR USE OF THE SERVICES, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. PROPZAP IS ONLY WILLING TO MAKE THE SERVICES AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING ANY PART OF THE SERVICES, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS.

IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN PROPZAP IS UNWILLING TO MAKE THE SERVICES AVAILABLE TO YOU. YOU ARE RESPONSIBLE TO ENSURE THAT ANY MEMBERS THAT USE THE SERVICES ON YOUR BEHALF ARE AWARE OF AND COMPLY WITH THESE TERMS AND YOU WILL BE LIABLE FOR ANY ACTS, OMISSIONS, USE, MISUSE AND BREACHES BY YOUR MEMBERS.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES, OR ANY PART OF IT.

1. YOUR ACCEPTANCE OF THESE TERMS

Acceptance

This is an agreement between you and PropZap Inc. ("PropZap ") regarding your use of PropZap's Services, including all content, information, products, and services available through sign in at the website [https://www.propzap.com/] (collectively the "Services "). These Terms also benefit PropZap's affiliates, officers, agents, associates, service providers, suppliers, and other persons.

Age to Use Services

The Services are not directed to, or intended to be used by, minors. By using the Services, you represent and warrant that you and all persons you represent are 18 years of age or older.

2. OTHER PROPZAP AGREEMENTS

These Terms are in addition to and supplementary to any written agreements that you or any persons you represent have with PropZap (now or in the future) concerning dealings with PropZap, including the information and services provided by PropZap. In the event of any inconsistency or conflict between the provisions of these Terms and the provisions of any other agreement that you or any persons you represent have with PropZap, the provisions of these Terms shall expressly govern regarding your access to and use of the Services unless the other agreements expressly state that they take priority over these Terms.

3. PERMISSION TO USE THE WEBSITE

The Services may be accessed and used only by individuals who have accepted and agreed to these Terms and can form legally binding contracts under applicable law. PropZap may in its discretion refuse permission to access and use any or all of the Services. The Services may not be used by persons in jurisdictions where access to or use of the Services or any part of them may be illegal or prohibited, or if their permission to use the Services has been previously revoked or terminated by PropZap.

The Services are made available to you for your lawful personal use only. You may access and use the Services using commercially available, SSL-capable web browser software. You may use the Services only in the manner described expressly in these Terms and subject to all applicable laws. Using the Services for any other purpose or in any other manner is strictly prohibited.

PropZap aims to constantly innovate the Services to help provide the best possible experience. You acknowledge and agree that the form and nature of the Services, and any part of it, may change from time to time without prior notice to you, and that PropZap may add new features and change any part of the Services at any time without notice.

4. LAWFUL AND RESPONSIBLE USE

You must use the Services and PropZap's services lawfully, responsibly, and with respect for others. Without limiting the foregoing's generality, you will comply with the PropZap Website Acceptable Use Policy, which is part of these Terms and may be found by clicking here .

5. ACCOUNT LOGIN

Certain portions of the Services may be accessed and used only by persons who have signed up for a valid account with PropZap. You represent and warrant that by signing up for a PropZap account and using the PropZap Services, you are (1) not represented by a real estate agent, and (2) are not aware of any conflicts arising with any agent from your use of the Services.

All accounts remain the property of PropZap, and may be canceled or suspended at any time by PropZap in its discretion without any notice or liability to you or any other person. All accounts must be used in compliance with Propzap’s Acceptable Use Policy, and in accordance with applicable laws.

PropZap is not under any obligation to verify any person's actual identity or authority to access and use the Services. Notwithstanding, PropZap may, in its discretion, at any time require proof of the identity of any person seeking to access and use the Services and may deny access to and use of the Services or parts of them or refuse to accept or act upon any communication if PropZap is not satisfied with such proof.

If you are using a PropZap account: (a) you and all persons you represent are jointly and severally responsible and liable for the security of your account details and any and all use and misuse of your account details; (b) you will keep your account details secure and confidential at all times and not disclose your account details to any other person or permit any other person to use your account; (c) you will ensure that all uses of your account comply with these Terms; (d) once you have logged-on to the Services using your account details, you will not leave the computer terminal used to access the Services unless and until you have terminated the session and logged-off the Services; and (e) you will immediately notify PropZap by email or by telephone (1-877-355-6673) if you know or suspect that your account details have been lost or stolen or become known to or used by any other person. Until you give such notice to PropZap and PropZap actually receives and processes it, you and all persons you represent will continue to be jointly and severally responsible and liable for any and all authorized or unauthorized use of your account.

6. ONLINE TRANSACTIONS

Misprints and Errors

Although PropZap strives to provide reliable and current information on the Services, misprints, or other errors may occur. Accordingly, PropZap reserves the right to change the prices, fees, and charges regarding the products and services available through the Website at any time without any notice or liability to you or any other person. If you order a product or service for which the price was incorrectly displayed on the Website, PropZap will provide you with a reasonable opportunity to cancel your order. No refunds or returns are available on a product or service(s) that have been delivered.

The information contained on this site is based in whole or in part on information provided by members of The Canadian Real Estate Association (“CREA”), 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.

7. COMMUNICATIONS

All communications you submit through or to the Services, must be true, accurate, and complete. You authorize PropZap to accept communications it receives from you through the Services and respond to your communications through Internet communications, email, or other communications methods. Communications you send to PropZap by means of the Services are not delivered or effective unless and until the responsible PropZap representative processes them.

8. CONTENT AND COMPLAINTS

PropZap is not obliged to monitor or police the use of the Services or screen, police, edit or remove postings of materials to the Services. However, PropZap reserves the right to do so at its discretion and with no notice or liability to you or any other person.

PropZap reserves the right to refuse to post or remove any materials, in whole or in part, that PropZap in its sole discretion considers unacceptable, undesirable, or in breach of any legislation or violation of the PropZap Acceptable Use Policy.

PropZap will respond as it considers appropriate, in its discretion, to all notices and complaints regarding alleged violations of the PropZap Acceptable Use Policy or other alleged misconduct, including removing any and all offending submissions and postings from the Services without any notice or liability to you or any other person. PropZap is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands it may receive regarding any materials submitted or posted to the Services or otherwise used in connection with the Services before PropZap takes remedial action regarding the materials.

If you post or submit materials to the Services, you hereby grant to PropZap and all other Services users, permission to access, view, store, copy, reproduce, distribute, display, perform, and reproduce the materials (in whole or in part) in any of the ways facilitated or provided by the Services, and you represent and warrant to PropZap and all Services users that their use of the materials does not and will not violate or infringe the rights (including intellectual property, license(s), trademarks, copyright, privacy and personality rights) of any other person or any applicable laws.

Claims or concerns (including copyright or trademark infringement claims) regarding the Services or its content may be made by sending an email to PropZap.

9. OWNERSHIP OF WEBSITE

The Services (including all content and other information in text, graphical, video and audio forms, images, icons, software, codes, logos, designs, applications, data, metadata, and other elements available on or through the Services) is the property of PropZap and others, and are protected by Canadian and international copyright, trademark and other laws. Your use of the Services does not transfer to you any ownership or (except as expressly provided in these Terms) other rights in the Services or its content.

The Services and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, cataloged, mirrored, or distributed in any way, in whole or in part, without the express prior written consent of PropZap. You may not reproduce, copy, duplicate, sell, or resell any part of the Services. You may not use any of the software used in the operation or provision of the Services except while you are using the Services in accordance with these Terms.

The listing content on this Service is protected by copyright and other laws and is intended solely for individuals' private, non-commercial use. Any other reproduction, distribution, or use of the content is specifically forbidden in whole or in part. 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 Service.

10. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY DISCLAIMERS

PROPZAP DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE SERVICES (INCLUDING ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SERVICES). YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, MERCHANTABLE QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RESULTS, SECURITY, SERVICE, TIMELINESS, TITLE, UNINTERRUPTED SERVICE, VIRUSES OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY PROPZAP TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROPZAP MAKES NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT (A) THE SERVICES WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE SERVICES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE SERVICES WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION AVAILABLE THROUGH OR CONNECTED WITH THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SEQUENTIAL, ACCURATE, AUTHENTIC OR COMPLETE; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE ACCESS TO OR USE OF THE SERVICES; OR (F) THE ACCESS TO AND USE OF THE SERVICES WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS AND WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.

YOU ARE SOLELY RESPONSIBLE FOR: (A) OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO ACCESS AND USE THE SERVICES; (B) SCANNING FOR AND PREVENTING THE RECEIPT AND TRANSMISSION OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; AND (C) MAINTAINING A COMPLETE AND CURRENT BACKUP OF ALL THE DATA CONTAINED ON YOUR COMPUTER SYSTEM PRIOR TO ACCESSING OR USING THE SERVICES.

THE INTERNET IS NOT A SECURE MEDIUM, AND MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE SERVICES MAY BE AFFECTED BY MANY FACTORS BEYOND THE CONTROL OF PROPZAP, AND MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE, OR PRIVATE.

LIABILITY EXCLUSIONS/LIMITATIONS

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, UNDER NO CIRCUMSTANCES WILL:

(A) PROPZAP EVER BE LIABLE TO YOU OR ANY OTHER PERSON(S) FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS OPPORTUNITIES, LOSS OF CUSTOMERS, LOSS CORRUPTION OR LOSS OF USE OF SOFTWARE OR DATA, WASTED MANAGEMENT OR OTHER STAFF TIME, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE SERVICES (INCLUDING ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SERVICES) BY YOU OR ANY OTHER PERSON, AND INCLUDING DUE TO: (I) ANY DELAY OR FAILURE IN PERFORMANCE CAUSED BY CIRCUMSTANCES BEYOND PROPZAP'S REASONABLE CONTROL; (II) ANY LOST SHIPMENT, OR ANY DELAY IN THE DELIVERY OF ANY PRODUCTS OR SERVICES YOU ORDER THROUGH THE SERVICES; (III) ANY FAILURE OR DELAY BY PROPZAP IN RECEIVING, ACCESSING, ACCEPTING, PROCESSING OR ACTING ON ANY COMMUNICATION SENT TO PROPZAP BY MEANS OF THE SERVICES, EMAIL OR OTHERWISE; OR (IV) THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE SERVICES OR ANY PART OF THEM), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING NEGLIGENCE AND ANY BREACH) BY PROPZAP OR ANY PERSON FOR WHOM PROPZAP IS RESPONSIBLE, AND EVEN IF PROPZAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

(B) PROPZAP'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY OTHER PERSON UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING NEGLIGENCE AND BREACH) BY PROPZAP OR ANY PERSON FOR WHOM PROPZAP IS RESPONSIBLE, AND EVEN IF PROPZAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE BEING INCURRED, WILL NOT EXCEED $250 (CDN). YOU AND ALL PERSONS YOU REPRESENT HEREBY RELEASE, REMISE, AND FOREVER DISCHARGE PROPZAP FROM ANY AND ALL LIABILITY OVER AND ABOVE $250 (CDN).

YOU ACKNOWLEDGE AND AGREE THAT PROPZAP HAS MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. PROPZAP WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. INDEMNITY

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS PROPZAP FROM AND AGAINST ANY AND ALL CLAIMS AND PROCEEDINGS DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE SERVICES (INCLUDING DESIGNATED ARTICLES, INFORMATION YOU POST TO THE SERVICES, AND ALL OTHER CONTENT, INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SERVICES) OR YOUR NEGLIGENCE, MISCONDUCT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR BREACH OF THESE TERMS BY YOU OR ANY PERSON FOR WHOM YOU ARE RESPONSIBLE. PROPZAP RESERVES THE RIGHT TO ASSUME EXCLUSIVE DEFENSE, CONTROL, AND SETTLEMENT OF ANY MATTER FOR WHICH YOU ARE OBLIGED TO INDEMNIFY US UNDER THESE TERMS, AND, IN SUCH CASE, YOU AGREE TO COOPERATE WITH PROPZAP (AT YOUR OWN EXPENSE) IN THE DEFENSE AND/OR SETTLEMENT OF SUCH MATTER, AT PROPZAP’S REQUEST.

IN THIS SECTION 11 (A) "CLAIMS" MEANS THIRD-PARTY CLAIMS, COUNTERCLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, LIABILITIES, OBLIGATIONS, DAMAGES, LEGAL FEES, COSTS, EXPENSES, AND DISBURSEMENTS, INCLUDING REASONABLE ATTORNEY’S' FEES AND COURT COSTS, OF ANY NATURE OR KIND, WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHETHER IN LAW OR IN EQUITY OR PURSUANT TO CONTRACT OR STATUTE; (B) "PROCEEDINGS" MEANS THIRD PARTY ACTIONS, SUITS, PROCEEDINGS, AND HEARINGS OF ANY NATURE AND KIND IN ANY COURT OF LAW OR EQUITY OR BEFORE ANY ARBITRATOR OR OTHER BODY, BOARD OR TRIBUNAL; (C) "PROPZAP" INCLUDES PROPZAP AND ITS AFFILIATES AND SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE PAST, PRESENT AND FUTURE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, AND RELATED PERSONS; AND (D) "YOU" MEANS YOU AND ANY PERSONS YOU PURPORT TO REPRESENT.

12. NO ADVICE

The Services are not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any item, product, or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or through the Services. PropZap may endorse products or services provided by PropZap or its affiliates, subsidiaries, associates, and or agents, but it is your responsibility to seek independent advice at your own expense.

13. PERSONAL INFORMATION

PropZap collects, uses, and discloses your personal information within the Services, as set out in the PropZap Privacy Policy. The current version of PropZap’s Privacy Policy is available at www.propzap.com/privacypolicy.It may be changed from time to time by PropZap in its discretion without any notice or liability to you or any other person, by posting the amended Privacy Policy on the Website. By accepting these Terms, and continuing to use the Services, you consent to the collection, use, and disclosure of your personal information by PropZap in accordance with the Privacy Policy.

14. TRADEMARK INFORMATION

The PropZap logos are trademarks, service marks, or trade names owned or licensed by PropZap. Other product and company names and logos appearing on the Services may be registered or unregistered trademarks, service marks, trade names, and logos of their respective owners. Any use of the trademarks, service marks, trade names, or logos displayed on the Services (collectively "Marks "), except as expressly provided in these Terms, is strictly prohibited. Nothing appearing on the Services or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any license or right(s) to use any Marks. PropZap reserves the right to bring any action against You for the improper use and/or infringement of the Marks.

REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to CREA. These certification marks identify real estate professionals who are CREA members 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 CREA members.

PROPZAP®, PropZap®, and the PROPZAP® logo are certification marks that are owned by Rahim Damji Holdings Ltd. and licensed exclusively to PropZap Inc.

15. THIRD PARTY MATERIALS

The Services may provide links, integrations, add-ons or connections to other World Wide Web or accessible sites, applications or resources and third party products and services (“Third Party Materials”). Because PropZap has no control over such Third Party Materials, you acknowledge and agree that PropZap is not responsible for the availability of such Third Party Materials, and does not endorse and is not responsible or liable to you or to any third party for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PropZap will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance upon any such Third Party Materials.

16. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING

Links to the Services without the express written permission of PropZap are strictly prohibited. To request permission to link to the Services, please send an email to PropZap. PropZap may in its discretion cancel and revoke any permission it may give to link to the Services at any time and without any prior notice or liability to you or any other person.

The framing, mirroring, scraping, or data-mining of the Services or any of their content in any form and by any method is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Services or to post comments, communications, or any other data of any kind to or on the Services with the intention that other users of the Services may view such postings.

17. UNSOLICITED FEEDBACK

If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names, (collectively "Feedback ") to PropZap, you automatically grant (or warrant that the owner of the Submissions grants) to PropZap, its representatives and its successors and assigns a perpetual, royalty-free, fully paid, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Feedback for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to You or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of PropZap or its representatives, successors and assigns. You agree, represent, and warrant that all moral rights in the Submissions are waived in favor of PropZap and its successors, representatives, assignees, and licensees.

18. CHANGES TO THESE TERMS

PropZap may in its discretion change, supplement, or amend these Terms as it relates to future use of the Services, with no prior notice to You or any other person, by posting the revised Agreement on the Website. You may not change, supplement, or amend these Terms in any manner. When You use the Services, you should check the date of these Terms and review any revisions since the last version. You should also bookmark this page and periodically review these Terms to ensure that you are familiar with the most current version.

By using the Services after these Terms has been revised, you signify your acceptance and agreement, and the acceptance and agreement of all persons you purport to represent, without limitation or qualification, to be bound by the revised Agreement. You represent and warrant that you have the legal authority to agree to and accept the revised Agreement on behalf of yourself and all persons you purport to represent. If You do not agree with each provision of the revised Agreement, or you are not authorized to agree to and accept the revised Agreement, You may not continue to use the Services and must immediately exit.

You accept that this website is not operated by The Canadian Real Estate Association or PropZap Realty, but by Rahim Damji and Mehboob Damji. Who are licensed real estate professionals in the province of Alberta, licensed with PropZap Realty and members of the Canadian Real Estate Association.

19. TERMINATION

You may terminate these Terms at any time by canceling your account on the Services and discontinuing your access to and use of the Services. These Terms shall continue to apply until termination.

PropZap may immediately and without notice terminate these Terms and your access to the Services if you materially breach these Terms or if you become insolvent or file a petition (or a petition is filed against you) in bankruptcy.

PropZap will not be liable to you or to any third party for any such suspension or termination. If PropZap terminates these Terms or suspends or terminates your account(s) or access to or use of the Services due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity or otherwise for material breach, then termination of these Terms will be in addition to any other remedies PropZap may have at law or in equity.

Upon any termination or expiration of these Terms, whether by you or by PropZap: (i) your access and use of the Services will immediately cease and any rights and licenses granted to you under these Terms will terminate; and (ii) you may no longer have access to information that you had posted on the Services or that is related to your account(s), and you acknowledge that PropZap will have no obligation to maintain any such information in its databases or to forward any such information to you or to any third party. Sections 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 of these Terms will survive the termination or expiration of these Terms for any reason.

20. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and all related matters are governed solely by the laws of Alberta, Canada and applicable federal laws of Canada, excluding any rules of private international law or conflict of laws that would lead to applying any other laws. The United Nations Convention On Contracts For The International Sale Of Goods does not apply. Any dispute between you and PropZap or any other person arising from, connected with, or relating to the Services, these Terms, or any related matters ("Disputes ") must be resolved before the Courts of Alberta sitting in the City of Calgary, Alberta, Canada. You hereby irrevocably submit and attorn to those courts' original and exclusive jurisdiction in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Calgary, Alberta, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred.

21. OTHER MATTERS

If any provision of these Terms is found to be unlawful, void, or for any reason is unenforceable, that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms inure to the benefit of and is binding upon each of PropZap and its successors, agents and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons You represent and their respective heirs, executors, administrators, personal representatives, successors, assigns and related persons. You and the persons you represent may not assign these Terms or the rights and obligations under this Agreement without PropZap's prior written consent, which consent may be withheld at PropZap's discretion. PropZap may assign these Terms and its rights and obligations under this Agreement without your consent or the consent of any persons you represent

No consent or waiver by PropZap to or for any breach of these Terms will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default, or (b) effective unless in writing and signed by PropZap

Any and all rights not expressly granted by this agreement are reserved to PropZap.

This Agreement is subject to change by PropZap without notice.

In this Agreement: (a) headings are for reference only and do not define, limit or enlarge the scope or meaning of this Agreement or any of its provisions; (b) "persons" includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies, and all other legal entities; (c) words importing the singular number only include the plural and vice versa; (d) "including" and "includes" mean including or includes (as applicable) without limitation or restriction; (e) whenever the words "discretion", "option" or any variations thereof are used with respect to the person they mean that person's sole, absolute and unfettered discretion or option. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.

PropZap will not be liable for any failure or delayed performance of its obligations that result from any condition beyond its reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labor conditions, power failures, Internet disturbances, or acts or omissions of third parties.

You agree that PropZap may provide you with notices (including, without limitation those regarding changes to these Terms) by email, regular mail, or postings on the Services. By providing PropZap with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.

22. OUR COMPENSATION

I acknowledge and authorize propzap.com and its subsidiaries and affiliates to refer me to a suitable agent(s) in a home purchase, sale, and/or mortgage approval, which shall not be in conflict with any existing agent relationships that I have. In such a case, I also acknowledge and authorize that the referred agent(s) may pay a referral fee. (This does not constitute a formal buyer's brokerage agreement nor compel me to use the referred agent(s)). My information will not be disclosed to any party in any way not associated with the Privacy Policy.

23. SMS MESSAGING
By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from PropZap. This includes SMS messages for appointment scheduling, appointment reminders, post-visit instructions, lab notifications, and billing notifications. Message frequency varies. Message and data rates may apply. See privacy policy at https://propzap.com/privacy-policy. Message HELP for help. Reply STOP to any message to opt out.