The Enginuity Group Corp. (HoodQ) Subscription Terms & Conditions
Last Modified: January 13, 2023
In consideration for permitting you access to our website and online service, you agree as follows:
These terms and conditions (the "Terms") govern your access to and use of The Enginuity Group Corp.'s , ("we", "us" or "our") HoodQ website ("Website") and online HoodQ service which includes the use of, among other things, Widgets, APIs, Reports as defined below (the "Service"). Please carefully read these Terms before using the Website and Service.
THERE ARE TERMS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU.
BY USING OUR WEBSITE AND SERVICE, YOU, THE USER (HEREIN "YOU" OR "YOUR"), REPRESENT AND WARRANT THAT (1) YOU ARE OF THE AGE OF MAJORITY; AND (2) YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.
IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT AGREE TO THESE TERMS PLEASE STOP USING THE WEBSITE AND SERVICE AND CONTACT US IMMEDIATELY.
IF YOU ARE USING THE WEBSITE AND SERVICE ON BEHALF OF, OR IN THE EMPLOY OF AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP, ETC.), YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN SUCH A CASE, "YOU" AND "YOUR" WILL ALSO REFER TO THAT ORGANIZATION AND YOURSELF INDIVIDUALLY.
For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an express agreement between you and The Enginuity Group Corp.
AS OUR WEBSITE AND SERVICE CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS BY UPDATING THIS PAGE. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR SERVICE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND SERVICE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU SHALL IMMEDIATELY STOP ACCESSING THE WEBSITE AND SERVICE.
About Our Website and Service
We own and operate the HoodQ.com and “Agents.HoodQ.com” Website and related Service. “Agents.HoodQ.com” is a platform created specifically for real estate professionals and real estate service providers. We have compiled and curated amenity data to help real estate professionals and homebuyers with their research needs, such as but not limited to, HoodQ Address Reports, HoodQ Widgets, HoodQ APIs. Please carefully read these Terms before using the Website and Service.
OUR SERVICE PERMITS YOU TO GENERATE WEB AND .PDF REPORTS WITH INFORMATION ON REAL PROPERTY ADDRESSES. YOU MAY CUSTOMIZE THE REPORTS WITH YOUR NAME, PHONE NUMBER, WEBSITE, ETC.
DISCLAIMERS ABOUT THE RISKS OF USING THE INFORMATION ON OUR WEBSITE AND SERVICE ARE POSTED ON THE WEBSITE AND IMPRINTED ON .PDF REPORTS CREATED FROM WITHIN YOUR ACCOUNT. YOU AGREE NOT TO REMOVE THE DISCLAIMERS.
YOU FURTHER AGREE TO EXPRESSLY INFORM ANY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO YOUR CLIENTS) OF THE DISCLAIMER AND THAT THEY ARE BOUND BY THESE TERMS IF THEY WISH TO RECEIVE THE INFORMATION. WHILE THE DISCLAIMER(S) ARE SUBJECT TO CHANGE, AT PRESENT, THEY READ:
DISCLAIMER: BY ACCESSING THIS INFORMATION YOU HAVE AGREED TO OUR TERMS OF SERVICE, WHICH ARE HEREBY INCORPORATED BY REFERENCE. THIS INFORMATION MAY CONTAIN ERRORS AND OMISSIONS. YOU ARE NOT PERMITTED TO RELY ON THE CONTENTS OF THIS INFORMATION AND MUST TAKE STEPS TO INDEPENDENTLY VERIFY ITS CONTENTS WITH THE APPROPRIATE AUTHORITIES (SCHOOL BOARDS, GOVERNMENTS, ETC.). AS A RECIPIENT OF THIS INFORMATION, YOU AGREE NOT TO HOLD US, OUR LICENSORS OR THE OWNERS OF THE INFORMATION LIABLE FOR ANY DAMAGES, HOWSOEVER CAUSED.
On a subscription fee basis (as specified on the Website and updated or amended from time-to-time), we grant you access to our Website and online Service. You agree to pay the fees associated with your account and we reserve the right to change our fees as the Website and Service evolve.
YOUR HOODQ ADDRESS REPORT SUBSCRIPTION IS FOR SINGLE AGENT USE ONLY. THE REPORTS CANNOT BE SOLD TO OTHER AGENTS OR ENTERPRISES. YOUR HOODQ ACCOUNT CANNOT BE SHARED WITH OTHER AGENTS OR USED TO GENERATE REPORTS FOR OTHER AGENTS.
YOU MAY NOT USE AS A USERNAME THE NAME OF ANOTHER PERSON OR ENTITY OR THAT IS NOT LAWFULLY AVAILABLE FOR USE, A NAME OR TRADEMARK THAT IS SUBJECT TO ANY RIGHTS OF ANOTHER PERSON OR ENTITY OTHER THAN YOU WITHOUT APPROPRIATE AUTHORIZATION, OR A NAME THAT IS OTHERWISE OFFENSIVE, VULGAR OR OBSCENE.
Upon payment of your fees, whether monthly or annually, we hereby grant you a worldwide, non-transferable, non-exclusive license to access the datasets on the Website and Service in accordance with these Terms, but reserve the right to revoke said license and your access to our Website and Service without cause or justification.
Additional terms, including but not limited to, subscription duration, price, account access and payment may be specified on the Website. Those terms, as amended from time to time, are hereby incorporated by reference and form part of this binding agreement.
Your Right to Post Content
(“Content”) refers to Content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that Content.
Our Website and Service may allow you to post Content. You are responsible for the Content that you post to the Website and Service, including its legality, reliability, and appropriateness.
By posting Content to the Website and Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website and Service. You retain any and all of your rights to any Content you submit, post or display on or through the Website and Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (You own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Website and Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We are not responsible for the Content of the Website and Service's users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity;
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
Spam, machine, or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
Containing or installing any viruses, worms, malware, trojan horses, or other content that is 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 a third person;
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;
Impersonating any person or entity including the user and its employees or representatives;
Violating the privacy of any third person;
False information and features.
We reserve the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. We further reserve the right to make formatting and edits and change the manner of any Content. We can also limit or revoke the use of the Website and Service if you post such objectionable Content. As we cannot control all content posted by users and/or third parties on the Website and Service, you agree to use the Website and Service at your own risk. You understand that by using the Website and Service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will we be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, we do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
We will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But you acknowledge that we have no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Third Party Service Providers and Affiliates
Our Website and Service may include partners and affiliates who are involved in the home buying process such as lenders and other companies providing products and/or services around the buying of a home (“Third Party Providers”). During the use of our Website and Service, you may enter into correspondence with, purchase products and/or services from, or participate in promotions and contests of Third Party Providers. Any such activity, and any terms, conditions or representations associated with such activity, is between you and the Third Party Providers. We shall have no liability, obligation or responsibility for any such purchase, transaction, service or promotion between you and any such Third Party Provider. We do not endorse any sites that are linked through our Website and Service, and in no event shall we be responsible for any content, products, products and/or services or other materials available from such sites or Third Party Providers. We provide the Website and Service to you pursuant to the Terms of this Agreement. You recognize, however, that certain Third Party Providers of products and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such products or services, and we disclaim any and all responsibility or liability arising from such agreements between you and the Third Party Providers. You access and enter those agreements at your own risk. Further, we strongly advise you to read the terms and conditions and privacy policies of any Third Party Provider websites that you visit.
You are responsible for safeguarding the password you use to access the Website and Service and you agree not to disclose your password to any third party. You are responsible for any activity on your account, whether or not you authorized that activity. You must immediately notify us of any unauthorized use of your account.
Proprietary Rights Notices
All contents of the Website and Service such as data, software, text, logos, buttons, images, and video are the property of The Enginuity Group Corp. and/or our independent providers of content ("ICPs") with all rights reserved and protected by Canadian, US, and International Law.
You agree not to copy, aggregate, database scrape or use in any fashion our copyrighted content and/or datasets without our express prior written approval.
You may only use our Website and Service for lawful purposes. You may not use our Website or Service:
In any way that breaches any applicable local, national or international law or regulation;
To modify, reverse engineer, decompile or disassemble the Website or Service or take any measures to damage or replicate them;
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
To transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (i.e. spam);
To knowingly transmit any data, send, submit or upload any material that contains false information, viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, malware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or cause damage to our Website, Service or our hardware, including our servers; or
For your own commercial purposes by sublicensing any rights granted by these Terms
Your Feedback to Us
You assign all rights, titles and interests in any feedback you provide us. If for any reason such assignment is ineffective, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.
Linked To Other Websites
Whether or not we are affiliated with sites that may be linked to our Website and Service, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We provide links and references to material and services on other websites not owned or operated by us. Links found on our Website and Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. You access those links and corresponding sites at your own risk. Further, we strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
ACCEPTANCE OF RISK
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, DATA OR GRAPHICS PUBLISHED ON OUR WEBSITE AND SERVICE AS UPDATED FROM TIME TO TIME. EVERYTHING ON OUR WEBSITE AND PROVIDED AS PART OF OUR SERVICE OFFERING IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE DATA DISPLAYED ON THE WEBSITE AND SERVICE IS DERIVED FROM A VARIETY OF SOURCES, HISTORIC AND CURRENT. YOU AGREE THAT, WHILE WE STRIVE TO BRING YOU ACCURATE INFORMATION, WE DO NOT GUARANTEE THE ACCURACY, CURRENCY OR COMPLETENESS OF THE DATASETS AND OTHER INFORMATION POSTED ON THE WEBSITE OR MADE AVAILABLE THROUGH OUR ONLINE SERVICE OR OTHERWISE. YOU ARE NOT PERMITTED TO RELY ON THE CONTENTS OF ANY INFORMATION ON OUR WEBSITE OR SERVICE AND MUST TAKE STEPS TO INDEPENDENTLY VERIFY ITS CONTENTS WITH THE APPROPRIATE AUTHORITIES (SCHOOL BOARDS, GOVERNMENTS, ETC.).
YOU AGREE THAT, WHILE WE STRIVE TO HAVE ERROR-FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.
LIMITATION ON LIABILITY
YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS), REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE AND SERVICE, DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND SERVICE.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF OUR WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU (IF ANY) TO US OVER THE PRECEDING TWO (2) MONTHS.
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PAYING USER, THE FEES PAID BY YOU, REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE OR SERVICE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
YOU AGREE TO INDEMNIFY US FOR ANY AND ALL CLAIMS BROUGHT AGAINST US BY YOUR CLIENTS OR THIRD PARTIES TO WHOM YOU OR A WEBSITE YOU CONTROL, SUPPLIES ANY INFORMATION, DATA, ETC. OBTAINED FROM OUR WEBSITE AND SERVICE. THIS INDEMNIFICATION INCLUDES THE COST OF DEFENDING ANY LEGAL PROCEEDINGS AND ANY DAMAGES PAYABLE WHETHER BY SETTLEMENT OR JUDGMENT.
WE SHALL HAVE SOLE CONTROL OF THE DEFENCE TO ANY LEGAL PROCEEDING COMMENCED UNDER THE ABOVE PROVISION. HOWEVER, YOU SHALL NOT BE OBLIGATED TO INDEMNIFY US UNDER ANY SETTLEMENT MADE WITHOUT YOUR CONSENT, UNLESS YOU HAVE FAILED TO PAY THE ONGOING EXPENSES ASSOCIATED WITH DEFENDING THE PROCEEDINGS ON A MONTHLY BASIS.
Law of the Contract, Jurisdiction and Interpretation
This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, as it is applied to agreements entered into and to be performed entirely within such province. Any action you or any third party brings to enforce this agreement or, in connection with any matters related to the Website or Service, shall be brought only in the courts of the Province of Ontario, and you expressly consent to the jurisdiction of said courts.
If any provision of these Terms shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Where a provision in these Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by a duly authorized representative of The Enginuity Group Corp.
You waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. You further waive any right to a trial by jury, should such a right exist in relation to any legal dispute connected to or in any way arising out of these Terms.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of the authorship of any of the provisions of these Terms.
You can stop using our Website and Service at any time. We reserve the right to suspend your account or access to our Website and Service at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others' use. Your suspension or termination of your access to our Website and Service shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, settling disputes (including the jurisdiction and choice of law) shall remain binding.
Changes to These Terms and Conditions
As our website and service continue to change, we may, at any time, revise these Terms by updating this page. The date of the last version of these Terms is posted above. As you are bound by these Terms each time you visit our website or use our service, you are responsible for periodically reviewing the amendments to these Terms and you are deemed to have accepted and agreed to such amendments by accessing and using the website and service after such amendments have been posted. if you do not agree with the amendments, you shall immediately stop accessing the website and service.
If you have any questions about these Terms and Conditions, you can contact us by email sent to firstname.lastname@example.org.