ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this site, ListingBlast.ca, reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. ListingBlast.ca reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email ListingBlast.ca with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, ListingBlast.ca hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of ListingBlast.ca and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in Canada and internationally. All rights not expressly granted herein are fully reserved by ListingBlast.ca, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from ListingBlast.ca is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Security
You agree that if you are issued a Username and Password by ListingBlast.ca, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying ListingBlast.ca immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that ListingBlast.ca shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
International Users
Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside Canada or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws.
USER’S LICENSE GRANT TO SITE
Except with regard to personal information, all information, which you post on this site or communicate to ListingBlast.ca through this site (collectively “Submissions”) shall forever be the property of ListingBlast.ca. You agree to the Site Submission Rules found here as part of this Agreement if provided on the site by ListingBlast.ca. ListingBlast.ca shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, ListingBlast.ca shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
TRADEMARKS
ListingBlast.ca’s, licensors’ or other third party materials, services or products referenced on this site are common law or registered trademarks or service marks of such parties.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of ListingBlast.ca, are not monitored or reviewed by ListingBlast.ca, and ListingBlast.ca is not aware of the contents of such sites. You acknowledge that ListingBlast.ca is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by ListingBlast.ca, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that ListingBlast.ca and its licensors have no liability whatsoever from such third party sites and your usage of them.
Types of email campaigns allowed – we do not allow spam
In order to use our service you need to be a licensed Realtor, Business Broker or Builder. We do not allow any For Sale By Owner email campaigns. By using our site and services you agree that all email campaigns you send out will be property for sale email campaigns. We do not allow referral email campaigns, service email campaigns, product email campaigns, special event email campaigns, recruitment email campaigns or any other email campaigns that do not advertise a property or business for sale. Accepted email campaigns are property for sale email campaigns, business for sale email campaigns, price reductions on property and open houses. All property email campaigns must also solely focus on the listing that is being sold and not advertise a service, product, referral, recruitment anywhere in the email campaigns. If you are unsure if your email campaigns will be accepted, you should first contact us before proceeding.
Site Submission Rules
By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content — including text, communications, video, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this site’s rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers;
- abuses any limits placed on the service by means of subterfuge including, but not limited to, use of multiple email addresses, multiple membership registrations, or any other means to gain access to the services over what is already provided.
You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, provincial, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.
This site reserves the right to revise these Site Submission Rules at its discretion, so check back from time to time to be sure you are complying with the current version.
We have the right to stop or remove ANY email campaign
If we feel an email campaign you create is not appropriate for the list(s) you choose, we have the right to delete it. If we feel the content, style or graphics within your email campaign is not appropriate, we have the right to delete it. We have the right to delete any email campaign from our system and from being emailed. We have the right to remove it without your permission and may do so without first contacting you. You must be a licensed Realtor, Business Broker or Builder to use our service. We do not allow recruitment email campaigns, service email campaigns or for sale by owner email campaigns. We also do not allow email campaigns that advertise or link to FSBO websites or services. You may only advertise ONE listing per email campaign.
Implied Member Consent
All members who subscribe to our system or purchase our email campaigns agree to receive e-mails from listingblast.ca and from other members purchasing our services. You may opt-out at anytime.
ListingBlast.ca, it’s owners, and it’s partner sites are not held liable
You shall hold us harmless from and against any and all demands, claims, liabilities, causes of action, losses, costs and expenses (including attorneys fees, experts fees and costs) suffered by ListingBlast.ca arising out of, related to or resulting from any services used on ListingBlast.ca or from any email campaigns sent or received on ListingBlast.ca.
Email Scheduling
We do our best to send all email campaigns on the date and time they are scheduled. We, however, cannot guarantee an email campaign will be sent on the exact date and time you schedule it. The timing will depend on 1.) Your own incoming e-mail service provider, 2.) Un-expected server or computer problems that we have no control over, 3.) How many other email campaigns are scheduled for the date/time that your email campaign is scheduled for.
Email Delivery
ListingBlast.ca does not guarantee successful e-mail delivery to all e-mails in our lists or to any additional e-mails you place in your lists. Successful e-mail delivery depends greatly on the receivers e-mail settings and the internet provider of the receivers e-mail account. If a receiver blocks HTML e-mails or e-mails that have photos or if an internet provider has limitations on how much bulk e-mail can be received, the receiver may not receive the e-mail. We also do not guarantee that our lists will contain every licensed Realtors email address. If the Realtors email address is not made publicly available to us then we will not have them in our lists. Once an email leaves our server we have no control over them. We have features in place that allow us to determine if, when and how many e-mails an email campaigns was sent to but we don’t have access to know everyone who received or opened the emails. We offer open tracking which records estimated count of opens but these tracking stats are only estimates. Open tracking is not guaranteed and not completely accurate because a lot of email providers and ISP’s do not allow open tracking. Open tracking will also not be recorded on people who have their emails set to only text.
We do not provide the actual contact information or email addresses of the contacts in our lists. We do not sell our actual list data. Your email campaigns are sent to our lists from our email servers.
We do not guarantee delivery to cox.net, hotmail, aol, yahoo or comcast e-mail accounts because these providers sometimes block e-mails due to bulk e-mail delivery and have their own filtering in place. These email providers choose which emails you receive based on their filters. Basically, they block email for you before you even have a chance to get it, which causes you to potentially loose legitimate emails.
Response and Email Campaign Success
We do not guarantee any type of response or successful leads on any e-mail campaigns that are sent through our system. The response you receive will depend greatly on the property or service you are offering and if it appeals to the receiver. The response success may vary greatly from one email campaign to another.
Ability to Opt Out from future e-mailings
You have the ability to unsubscribe at the bottom of the email you received. Alternatively, if you would like to be removed from all mailings, you may do so by filling out the following page: http://optout.listingblast.ca. All opt-outs will be processed within 48 hours of the opt-out request.
Email Campaign Information
We are not liable for any information members place on any email campaigns they send out. We do not verify accuracy of email campaign information. You are solely responsible to verify all information you receive from any and all email campaigns that come from or are created on our website.
Permission Practices For Uploaded Lists
When sending email campaigns from our system to your own lists, you agree to import or add only permission based lists. You hereby agree that you shall not use purchased lists, scraped lists or any other list that does not include your clients, co-workers or others that have agreed to receive email marketing material from you. If you use an opt in feature that allows a recipient to confirm (double opt-in) that you have permission to send emails to him or her, and such recipient does not respond or confirm, you agree that you shall not send emails to that recipient. You agree that you shall not send any commercial electronic mail message to any person who has opted out or requested to not receive email from you or another sender on whose behalf you may be acting. You cannot copy a ListingBlast.ca template or any other features or functionality from our services and use them for any purpose other than sending email messages from our system. It is your responsibility to ensure that your emails do not generate spam complaints.
Termination
We have the right to terminate your account at any time. We have the right to terminate any email campaigns at any time.
Refund Policy
Our system is an automated self-serve system that allows you to preview, approve and save your email campaign before you pay and schedule it. Once your email campaign is emailed out, clients understand that the service has been provided and there are no refunds. We urge all agents that have concerns regarding their email campaign to save their “work in progress” email campaign and contact us before paying and scheduling your email campaign.
Disclaimer Of Warranties
You agree to use the site and service at your own risk. The site and services are provided “As Is”. We do not guarantee that the site or services will be free of problems, errors or bugs. Any information or files you download from the site are downloaded at your own risk. We will not be responsible for any damage to your computer system or loss of data.
Canada’s Anti-Spam Legislation (CASL) Compliant
ListingBlast.ca and its partner sites are fully CASL compliant under Canadian existing laws.
You are required and solely responsible for abiding by your own Real Estate Associations rules, members board rules, fair housing act and any other Real Estate laws. You are also solely responsible for abiding by your province’s e-mail advertising policies and laws. We comply with the CASL laws and require you to do the same. Following are the procedures we have built into the email campaigns:
1. We place opt-out links at the top and bottom of each email campaign so recipients can opt-out at anytime. All opt-out requests are removed within 48 hours.
2. Your mailing address is located at the bottom of each email campaign, as well as a contact e-mail.
3. The subject lines of the e-mails are not misleading, non-deceptive, and clearly descriptive of the contents of the e-mail, which is relevant to the recipient’s business.
4. The “From” e-mail address comes from one of our email addresses such as “mail@listingblast.ca”
5. ListingBlast.ca or it’s partner sites do NOT sell or distribute any personal or business information of any customers who order services through us, or any recipients who have opted out.
6. All email campaigns that leave our server have it clearly stated at the bottom of the email campaign that the email is a business communication that is being received because the Real Estate Agent made their email address publicly available for the purpose of receiving communications regarding real estate business.
The above procedures help protect both us and our customers from breaking any spam laws.
DISCLAIMER OF WARRANTIES
LISTINGBLAST.CA, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LISTINGBLAST.CA, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LISTINGBLAST.CA, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LISTINGBLAST.CA, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LISTINGBLAST.CA, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LISTINGBLAST.CA, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless ListingBlast.ca, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. ListingBlast.ca reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with ListingBlast.ca in asserting any available defenses.
LEGAL COMPLIANCE
ListingBlast.ca may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, provincial, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, ListingBlast.ca may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and ListingBlast.ca shall not be liable for damages or results thereof and User agrees not to bring any action or claim against ListingBlast.ca for such disclosure.
CHOICE OF LAW AND FORUM
These Terms shall be governed by and defined following the laws of Canada. ListingBlast.ca and yourself irrevocably consent that the courts of British Columbia, Canada shall have exclusive jurisdiction to resolve any disputes which may arise in connection with these terms. ListingBlast.ca makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of ListingBlast.ca. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.
We reserve the right to add or modify these terms at any time.