Important Notice — Please Read. These Terms limit ListingBlast’s total liability to you to a maximum of CAD $99 and require you to indemnify ListingBlast for claims arising from your campaigns. In particular, please read Section 8 (Your Warranties), Section 22 (Disclaimer of Warranties), Section 23 (Limitation of Liability), Section 24 (Indemnification), Section 25 (Time Limit for Claims) and Section 17 (Refunds). By checking the “I agree” box or using the Service, you confirm that you have read and accept these Terms.

1. About These Terms and Acceptance

1.1 These Terms of Service (the “Terms”) form a binding agreement between you (“you” or the “User”) and ListingBlast.ca (“ListingBlast”, “we”, “us” or “our”), which operates the website at listingblast.ca and the email campaign service offered through it (together, the “Service”).

1.2 You accept these Terms by checking the “I agree” box when purchasing credits or a subscription and again when approving a campaign, or by otherwise using the Service. If you do not agree, do not use the Service. We keep a record of the version of these Terms you accepted, the email address you used and the date.

1.3 If you accept these Terms on behalf of a brokerage, Personal Real Estate Corporation or other business, you confirm that you have authority to bind it, and “you” includes that business.

2. Changes to These Terms

2.1 We may update these Terms from time to time. We will post the updated Terms on the website with a new effective date and, for material changes, notify Users who hold unused credits or an active subscription by email at least fourteen (14) days before the changes take effect.

2.2 Changes apply from their effective date and do not apply to campaigns already paid for and scheduled before that date. If you continue to use the Service after the effective date, you accept the updated Terms. If you do not accept them, you must stop using the Service.

3. Eligibility

3.1 The Service is only for licensed real estate professionals, licensed business brokers and licensed builders or developers who are at least 18 years old and who use the Service in the course of their professional business.

3.2 You represent that you meet these requirements and that all information you give us about your identity, licence and brokerage is accurate and current. You will tell us promptly if your licence is suspended, cancelled or not renewed, or if you change brokerages.

3.3 We may ask for proof of licensing at any time and may decline or cancel your campaigns if you do not provide it.

4. No User Accounts; Your Contact Information

4.1 The Service does not use user accounts or passwords. Your purchases, credits and campaigns are associated with the email address and contact details you provide when you purchase and when you submit a campaign.

4.2 You are responsible for keeping that email address accurate and secure. Anyone who submits a campaign using your purchase details or email address is treated as acting for you, and we are not responsible for campaigns submitted by someone with access to them. Tell us promptly if you believe they have been misused.

4.3 Where a brokerage or developer purchases credits or a subscription for use by several licensees, the purchasing business is responsible for each licensee who submits campaigns under its purchase, and for their compliance with these Terms.

5. The Service

5.1 ListingBlast sends email campaigns promoting your listings to real estate professionals on a recipient list that ListingBlast compiles and maintains (the “ListingBlast List”).

5.2 You provide the listing details, photos and other materials for your campaign and your own professional contact details. You do not upload contact lists, and the Service does not send to contacts you provide.

5.3 The ListingBlast List remains the exclusive property of ListingBlast. We do not sell, rent or disclose the ListingBlast List or any recipient’s email address to Users, and you receive no right to the list or to any recipient data.

6. Permitted Campaigns

6.1 Each campaign may promote only one of the following: a property for sale, a business for sale, a price reduction, or an open house for a listing.

6.2 Each campaign may promote only one listing and must focus solely on that listing. Campaigns may not also advertise a service, product, referral offer, event or recruitment message.

6.3 We do not accept For Sale By Owner (FSBO), referral, general service or product, event or recruitment campaigns.

6.4 If you are unsure whether a campaign is permitted, contact us before paying for it.

7. Your Content and Licence to ListingBlast

7.1 “Your Content” means the listing details, descriptions, photos, floor plans, videos, links, logos, and the name and contact details you provide for a campaign.

7.2 You keep ownership of Your Content. ListingBlast does not claim ownership of it.

7.3 You grant ListingBlast a non-exclusive, royalty-free, worldwide licence to use, copy, store, host, format, resize, adapt and transmit Your Content as needed to prepare, review, send, display and support your campaigns, including hosting images on ListingBlast’s servers so they display in emails already sent. This licence lasts for as long as we retain Your Content under Section 18.

7.4 You authorize ListingBlast to display your name, brokerage and listing in the campaign and in any example of a sent campaign we keep for support and record-keeping. We will not use Your Content in our own marketing without your permission.

8. Your Warranties About Campaign Content

For every campaign you submit, you represent and warrant that:

  1. a) you hold the rights, licences and permissions needed for every photo, floor plan, video, description and other item in Your Content, including any required permission of the photographer and compliance with your real estate board’s rules on using MLS® photos and data;
  2. b) the seller, landlord or other owner has authorized the listing to be marketed, and your managing broker or brokerage has authorized the advertisement;
  3. c) the owner has consented to the use of the photos, and any occupant or tenant whose consent is needed for interior photos has given it;
  4. d) Your Content is accurate, current and not false or misleading, including price, measurements, features, strata or lease details, taxes and open house times;
  5. e) your campaign complies with all laws and rules that apply to you as a licensee, including the advertising requirements of the BC Financial Services Authority or your provincial regulator (such as displaying your licensed name and your brokerage name as required), your real estate board’s rules, and human rights legislation;
  6. f) Your Content does not infringe any person’s copyright, trademark, privacy or other rights, and is not defamatory; and
  7. g) the name and contact details you provide are your own, are accurate, and may be published in the campaign.

ListingBlast does not verify Your Content. You are solely responsible for it, including after it is sent.

9. Prohibited Content and Conduct

You must not use the Service to submit or send content that:

You must also not:

10. Sending in Your Name and ListingBlast Identification

10.1 You authorize ListingBlast to create an email address on the listingblast.ca domain in your name (for example, firstname.lastname@listingblast.ca) and to send your campaigns from that address, with your name as the “From” name, on your behalf. The address is owned and controlled by ListingBlast and is provided only for your campaigns.

10.2 Emails sent to that address, including replies to your campaigns, are automatically forwarded to the email address you provide. We do not read forwarded messages except where needed to operate the forwarding, investigate spam or abuse, or comply with law. ListingBlast is not responsible for messages that are filtered, misdirected, delayed or not delivered, and you should include your own direct contact details in every campaign.

10.3 You agree that every campaign will include, in a form ListingBlast decides: identification of ListingBlast as the sender acting on your behalf; your name, brokerage and contact details, including a mailing address; an unsubscribe mechanism; a statement of why the recipient is receiving the message; and ListingBlast’s own promotional text and logo. You may not remove or alter these elements.

10.4 We may filter spam and malicious messages sent to your listingblast.ca address. We may disable the address 6 months after your most recent campaign, or immediately if it is misused. You may not use the address for any purpose other than receiving replies to your campaigns.

11. Review, Modification and Refusal of Campaigns

11.1 ListingBlast may, at its sole discretion and without notice, decline, delay, edit for formatting, or cancel any campaign that we believe breaches these Terms, may expose ListingBlast or others to liability, or does not meet our content, style or quality standards.

11.2 Any review we carry out is for our own purposes only. Our review, or our sending of a campaign, is not approval of its content and does not shift responsibility for it to ListingBlast.

11.3 If we cancel a campaign before it is sent for a reason other than your breach of these Terms, we will restore the credit but will NOT refund the fee paid for that campaign.

12. Scheduling, Delivery and Results

12.1 Scheduling. We make reasonable efforts to send campaigns at the scheduled date and time but do not guarantee exact timing, which may be affected by technical issues, send volume or third-party providers.

12.2 Delivery. We do not guarantee that any campaign will be delivered to every recipient or reach the inbox. Delivery depends on factors outside our control, including recipients’ email providers, spam filtering and inbox settings. Some providers, such as Gmail, Outlook/Hotmail, Yahoo and AOL, apply aggressive filtering to bulk email.

12.3 Open rates and reporting. We do not guarantee any open rate, click rate, response or lead volume. Open and click figures, where provided, are estimates only. They are not available or accurate for all recipients, for example where a provider blocks tracking pixels or a recipient uses text-only email.

12.4 Results. We do not guarantee any enquiry, showing, offer, sale or other business outcome. Results depend on the property, price, market, timing and content of your campaign. Past results are not a guarantee of future results.

12.5 Targeting. You choose the areas your campaign targets. Recipients are selected using the information ListingBlast holds about where agents work, which may be incomplete or out of date. We do not guarantee the number of recipients in any area, or that every agent in an area will receive your campaign.

13. Anti-Spam Law and Recipient Opt-Outs

13.1 ListingBlast is responsible for compiling and maintaining the ListingBlast List and for operating the unsubscribe mechanism. Each recipient is on the list because their email address has been published in a way that we believe permits real estate business communications under Canada’s Anti-Spam Legislation (“CASL”).

13.2 Recipients may unsubscribe using the link in any campaign. Unsubscribe requests are processed within ten (10) business days, and usually much sooner. An unsubscribe removes the recipient from all campaigns sent through the Service, not only yours.

13.3 You are responsible for Your Content and for your own compliance with laws that apply to you, including CASL in respect of any communications you send outside the Service and any follow-up you make with recipients who reply to you.

13.4 You must not send commercial electronic messages outside the Service to any recipient on the basis that they received your campaign, unless you have your own lawful basis to do so.

13.5 ListingBlast does not represent or warrant that any campaign, or your use of the Service, complies with any law that applies to you.

14. Confidentiality of Your Information

14.1 We use Your Content, your contact and purchase details, messages forwarded to you under Section 10, and information about your campaigns (“Your Information”) only to provide, support, secure and improve the Service, to bill you, and to meet our legal obligations.

14.2 We will not use Your Information to compete with you, to solicit your clients or listings, or for any real estate business of our own, and we will not sell or share it with anyone for their real estate business.

14.3 Access to Your Information is limited to the people and service providers who need it to operate the Service, and they are required to keep it confidential.

14.4 This Section does not apply to Your Content once it has been sent in a campaign, or to information that is public, that you already published, or that we must disclose by law (Section 26).

15. Privacy

15.1 Our collection, use and disclosure of personal information is described in our Privacy Policy at listingblast.ca/privacy.php, which forms part of these Terms.

15.2 We comply with the privacy laws that apply to us, including the Personal Information Protection Act (British Columbia) and, where it applies, the Personal Information Protection and Electronic Documents Act (Canada).

15.3 We use third-party service providers, such as our payment processor and our email delivery and forwarding providers, who process information on our behalf under their own security and privacy obligations.

16. Pricing, Credits, Subscriptions and Payment

16.1 Fees. You agree to pay the fees shown at checkout for the campaigns, credit packs or subscriptions you purchase, plus applicable taxes. Prices may change, but a change will not affect a purchase already completed.

16.2 Credits. Each credit may be used for one campaign and is associated with the email address used for the purchase. A credit is used when you approve a campaign for sending. Credits do not expire, are non-transferable, have no cash value, and are not refundable.

16.3 Subscriptions. Brokerage and developer subscriptions renew automatically at the end of each billing period at the then-current rate unless cancelled before the renewal date. You may cancel at any time; cancellation takes effect at the end of the current billing period. We will give at least 30 days notice by email of any price increase to an active subscription.

16.4 Payment processing. Payments are processed by our third-party payment processor, currently Stripe. We do not store your full card details. Your use of the processor is subject to its own terms and privacy policy.

16.5 Chargebacks and non-payment. You agree not to dispute legitimate charges with your card issuer. If you initiate a chargeback or a payment is declined, we may cancel scheduled campaigns and suspend use of the credits from that purchase until the matter is resolved. You are responsible for reasonable collection costs and legal fees resulting from non-payment.

17. Refunds

17.1 All sales are final. Credits and subscriptions are non-refundable once purchased. Before any campaign is sent, you preview it and approve its content, design, subject line and target areas. Campaigns cannot be recalled once sent.

17.2 No refund or credit restoration will be issued once you have approved a campaign, including for dissatisfaction with delivery, open rates, response or results, which depend on the factors described in Section 12.

17.3 If you have a concern about a campaign, do not approve it. Contact us first; we are glad to help at that stage.

17.4 Refunds or credit restorations are provided only where required by law.

18. Retention of Campaign Content

18.1 We retain Your Content and campaign records for 6 months after your most recent campaign to support re-sends, reporting and support requests.

18.2 Images in sent campaigns are hosted on our servers so they display for recipients. We keep them hosted for 6 months after the campaign is sent, after which they may be deleted and will no longer display in that email.

18.3 On your written request, we will delete Your Content and your contact details within 30 days, except for records we must keep for legal, tax, accounting, anti-spam compliance or dispute-resolution purposes, and copies in routine backups, which are deleted on their normal cycle.

19. Intellectual Property and Use of the Site

19.1 Our property. The Service, the website, our templates, design, software, text, logos and the ListingBlast List are owned by ListingBlast or its licensors and protected by copyright, trademark and other laws. All rights not expressly granted to you are reserved.

19.2 Your licence. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own professional business.

19.3 Restrictions. You must not copy, sell, license, distribute, adapt or create derivative works from the Service, our templates or any part of the website, other than Your Content. You must not reverse engineer, decompile or attempt to derive source code from the Service, or copy its templates, features or functionality for use outside the Service.

19.4 Trademarks. Names and logos of ListingBlast and third parties shown on the website are the trademarks of their respective owners. REALTOR® and MLS® are trademarks controlled by The Canadian Real Estate Association.

19.5 Feedback. If you send us suggestions, feedback or testimonials, we may use them without restriction, compensation or confidentiality obligation. We will not publish a testimonial with your name without your permission.

19.6 Canada only. The Service is intended for use in Canada. If you access it from elsewhere, you do so on your own initiative and are responsible for complying with local law.

20. Third-Party Sites and Services

The Service may link to, or rely on, websites and services we do not control, including the links you place in your campaigns. We are not responsible for their content, availability, accuracy or practices.

21. Suspension and Termination

21.1 You may stop using the Service at any time. Unused credits remain subject to Sections 16.2 and 17.

21.2 We may suspend or end your use of the Service, refuse further purchases, cancel any scheduled campaign, or disable your listingblast.ca address, immediately and without notice, if we reasonably believe that you have breached these Terms, that your licence is no longer valid, or that your use exposes ListingBlast or others to legal risk, or where we receive a complaint or notice alleging that your campaign is unlawful or infringes another person’s rights.

21.3 We may stop offering the Service, or any part of it, on thirty (30) days’ notice. In that case we will refund unused credits and any prepaid subscription fees for the period after the Service ends.

21.4 If we end your use of the Service because you breached these Terms, your unused credits and prepaid fees are forfeited, and you remain liable for amounts owing.

21.5 Sections 7.3 (for campaigns already sent), 8, 13.3–13.5, 16.5, 17 and 19–30 survive termination.

22. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTINGBLAST DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT ANY CAMPAIGN WILL BE DELIVERED, OPENED OR PRODUCE RESULTS, OR THAT THE SERVICE OR ANY CAMPAIGN COMPLIES WITH LAWS THAT APPLY TO YOU.

23. Limitation of Liability

23.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTINGBLAST AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, COMMISSIONS, LISTINGS, SALES, CLIENTS, BUSINESS OPPORTUNITY, GOODWILL, REPUTATION OR DATA, HOWEVER CAUSED AND UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
23.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LISTINGBLAST AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID FOR THE CAMPAIGN GIVING RISE TO THE CLAIM, AND IN NO EVENT WILL IT EXCEED NINETY-NINE CANADIAN DOLLARS (CAD $99).

23.3 These limits apply even if a remedy fails of its essential purpose. They reflect the low price of the Service and are an essential basis of the bargain between you and ListingBlast.

24. Indemnification

24.1 You will defend, indemnify and hold harmless ListingBlast and its owners, directors, officers, employees, contractors and agents from and against all claims, demands, proceedings, regulatory investigations, losses, damages, fines, penalties, costs and expenses, including reasonable legal fees, arising out of or relating to:

  1. a) Your Content or any campaign sent on your behalf;
  2. b) any claim that Your Content infringes copyright, including the rights of a photographer, a real estate board or MLS® system, or any other person;
  3. c) any claim that Your Content is inaccurate, misleading or defamatory, including claims by buyers, sellers, tenants or other licensees;
  4. d) any breach of the advertising or conduct rules of the BC Financial Services Authority, your provincial regulator, your brokerage or your real estate board;
  5. e) any breach of privacy or human rights legislation relating to Your Content;
  6. f) your communications with recipients outside the Service;
  7. g) your breach of these Terms, including your warranties in Section 8; or
  8. h) your breach of any law.

24.2 ListingBlast may assume the exclusive defence and control of any matter subject to indemnification at its own expense, and you will cooperate with that defence. You will not settle any such matter without our written consent.

25. Time Limit for Claims

To the extent permitted by law, any claim you have against ListingBlast arising out of or relating to these Terms or the Service must be started within one (1) year after the date on which you first knew, or reasonably ought to have known, of the claim.

26. Legal Process and Disclosure

We may disclose your identity, contact details, Your Content and campaign records where required by law, court order, subpoena or other legal process, to a regulator acting within its authority, or where reasonably necessary to respond to a claim that a campaign is unlawful or infringes another person’s rights. We will not be liable to you for any such disclosure made in good faith.

27. Force Majeure

ListingBlast is not liable for any delay or failure to perform caused by events beyond its reasonable control, including outages or blocking by internet, hosting, email or payment providers, cyberattacks, power failures, labour disputes, government action, pandemics or natural disasters.

28. Governing Law and Forum

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in it. You and ListingBlast irrevocably submit to the exclusive jurisdiction of the courts of British Columbia sitting in Vancouver for any dispute arising out of or relating to these Terms or the Service.

29. General

29.1 Entire agreement. These Terms, the Privacy Policy and any terms shown at checkout form the entire agreement between you and ListingBlast about the Service and replace any prior agreement or understanding.

29.2 Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions remain in full force.

29.3 No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

29.4 Assignment. You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms, in whole or in part, including to an affiliate or to a purchaser of or successor to the Service, on notice to you.

29.5 Notices. We may give you notice by email to the address you provided with your purchase or campaign, or by posting on the website. You must give us notice by email to help@listingblast.ca.

29.6 Relationship. You and ListingBlast are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship, and ListingBlast is not your agent for any real estate purpose.

29.7 Interpretation. Headings are for convenience only. “Including” means “including without limitation”. If there is a conflict between these Terms and any other terms on the website, these Terms prevail.

30. Contact

Questions about these Terms: help@listingblast.ca

To unsubscribe from campaigns: use the unsubscribe link in any campaign email, or visit optout.listingblast.ca.