Dear Agent / Broker;

This Agreement (“Agreement”) outlines the terms governing your relationship with Senior Check Inc. (“SeniorCheck”). In this document, you, the member Agent/Broker, along with your affiliates, will be referred to as “you” or “AB,” while SeniorCheck will be referred to as “we,” “us,” or “SeniorCheck.” References to the SeniorCheck website, www.CanadianSeniors.com (the “Site”), encompass all current and future websites and mobile applications owned or operated by SeniorCheck. Your access to the Site, granted by SeniorCheck, is contingent upon your acceptance of these legally binding terms and conditions. It is essential that you thoroughly review the SeniorCheck Service Provider Terms of Use (the “Terms of Use” or “Terms”) before proceeding. By continuing to use the Site and/or any SeniorCheck services (the “Services”), you signify your acceptance of the Terms and your intention to be legally bound by them. If you do not agree to these Terms, you should refrain from using the Site. Should you find any future amendments to these Terms unacceptable, you are advised to discontinue your use of the Site.

 

DEFINITIONS.

"Claimed Agent / Broker " refers to an Agent or Broker who asserts ownership of an Agent or Broker Profile established on the SeniorCheck services and the website canadianseniors.com by a User or a third party.

An "Unclaimed Agent/ Broker " refers to an Agent or Broker who is neither participating nor authorized, and is not registered through an Agent or Broker Profile for utilization on the SeniorCheck services and the website canadianseniors.com.

The term "Agent or Broker Profile" refers to a collection of accounts, data files,collected promotions from users, question form reporting, promotional materials, inquiry forms, sold history, listings, configurations, images, audio-visual recordings, evaluations, and descriptions that encompass specific information about a relator, which is supplied to SeniorCheck by Service Professionals, Users, and/or third parties.

"Content" refers to any text, image, audio, video, or other data or information that you provide, upload, or transmit in relation to the Site. This includes, but is not limited to, promotions, comments, inquiries, responses, posts, and any profile information you choose to disclose publicly.

"Agent or Broker Registered" refers to the condition of possessing a registered profile that is fully paid and maintains good standing within the SeniorCheck paid services.

"User" or "Users" refers to an individual or distinct entity that engages with the SeniorCheck services and website by visiting, interacting, accessing, browsing, crawling, scraping, or utilizing the platform in any manner to gain advantages from real estate inquiries or to support an Agent or Broker in recognition of a positive experience (Promote Agent), regardless of whether they are a paying Member, Service Professional, or Claimer.

 

WE AGREE.

With Respect to SeniorCheckRegistered Agents/Brokers and Claimers.

1. SeniorCheck collects inquiries from its users regarding real estate information. In response, SeniorCheck may communicate with you regarding the user's specific service requests, referred to as a "Lead." Additionally, your contact details may be shared with the user. The information provided about you will be derived from your Agent/Broker Profile, which you can update periodically. Furthermore, inquiries may be directed to other Agent/Broker Profiles depending on the user's community and the nature of their request.

 

2. We do not impose restrictions on the number of community Agents or Brokers who may receive inquiries from Users through SeniorCheck services. There is no assurance that we will deliver a specific quantity of Leads, nor do we provide guarantees, representations, or warranties concerning a User's interest level, their willingness to enter into a Residential Service Agreement (RSA), their financial capability, the accuracy of the information they provide, or the likelihood of any User engaging your real estate services. Additionally, we cannot guarantee successful communication with each User. Users maintain their anonymity for specific reasons, including the nature of their inquiries. We are not involved in, nor do we bear any responsibility for, your agreements with Users, any payments made to you, or any disputes that may arise between you and them. SeniorCheck retains the right to engage with other Agents or Brokers, as this arrangement is non-exclusive.

 

3. We offer Users the opportunity to showcase the experiences they have had with their selected Agent or Broker through profile promotions. These promotions are determined by the quality of the Agents' or Brokers' responses to inquiries within the real estate community forum, as well as the positive feedback provided by Users. Additionally, Users can request and submit promotions for Agents or Brokers whose real estate services they found commendable. An Agent or Broker profile that receives three or more promotions from Users is recognized as a vetted Agent or Broker affiliated with SeniorCheck services.

WHAT YOU AGREE TO.

You agree to all the terms and conditions of this Agreement and represent, on behalf of you, your legal real estate business in Ontario  (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a Registered Agent / Broker or Claimer and thereafter, while this Agreement remains in effect, as follows:

1. You are a qualified and competent Agent/Broker providing real estate services, holding a valid Real Estate License in Ontario and registered with RECO. You have indicated your selection on the SeniorCheck Registration Form, along with any future modifications to your Agent Profile.
2. You are, and will always remain, fully licensed and insured in accordance with the relevant real estate standards applicable in Ontario, Canada. This compliance is in line with all pertinent laws and regulations governing real estate practices, and you will provide documentation to verify this upon request. Additionally, you confirm that you have not been denied membership or approval by any of the following three organizations: the Real Estate Council of Ontario (RECO), the Ontario Real Estate Association (OREA), and the Canadian Real Estate Association (CREA).

3.    If you or your Agent / Broker are operating under a license with special restrictions, you agree and represent that you will at all times operate within the guidelines as specified by such restrictions;

4. You shall adhere to the Registration requirements outlined in these Terms, which may be updated periodically. In the event of significant amendments to these requirements, you will be notified and given a reasonable timeframe, as determined by SeniorCheck, to ensure compliance with the changes.
5. You acknowledge that SeniorCheck possesses the authority, though not the obligation, to oversee the content on the Site and to assess adherence to these Terms and any additional operational guidelines we may implement.
6. You affirm that you, along with any predecessor entities of your company, majority shareholders, partners, agents, and brokers, are not subject to any (i) bankruptcies or civil legal judgments in the past three years, and (ii) criminal convictions, unless you have provided SeniorCheck with a precise and truthful written account of any exceptions. Should you, any predecessor entities of your broker, or any majority shareholders, partners, or members file for bankruptcy, face civil legal judgments, or incur criminal convictions while you are a SeniorCheck Member or Claimer, you will immediately inform SeniorCheck. Additionally, you confirm that you have not faced sanctions or penalties from any governmental authorities related to your service provision to customers, nor have you been denied or had your membership revoked from any professional industry associations. You grant SeniorCheck the authority to verify the accuracy and truthfulness of all these representations throughout the duration of this Agreement.
7. You consent to our right to reveal any information we possess about you and your company that we deem necessary to comply with any applicable laws, regulations, or governmental inquiries concerning any work or services you have provided to Users.
8. You acknowledge that you are accountable for safeguarding the confidentiality of all passwords linked to your use of the Site and/or Membership. You bear full responsibility for any activities that occur as a result of using your password and those conducted through your Membership and account.
9. You grant us permission to utilize your name, company name, agent or broker name, real estate office name, and Realtor name as relevant, along with any associated trademarks, service marks, trade names, logos, and content, including photographs or audio-visual recordings, provided by you or uploaded to our Site. This material may be used and displayed on our Site and in marketing materials aimed at Users through online postings, emails, or other means to promote you or your services. You acknowledge that you will not receive any compensation related to our use of the aforementioned items.
10. You affirm that you possess all required rights to showcase any logos, service marks, trademarks, and other content uploaded to our Site. Furthermore, you assert that your upload of such content and its use by SeniorCheck, as outlined in this Agreement, will not infringe upon any third party's intellectual property rights. Should there be any limitations or restrictions regarding the use or display of these logos, trademarks, or service marks, it is your obligation to inform us in writing of any such restrictions or limitations.
11. Throughout the duration of this Agreement, you may be permitted to utilize specific marks of SeniorCheck to promote your business, contingent upon prior written authorization from us, which is granted at our sole discretion. You are explicitly forbidden from registering any trademarks or domain names that are associated with SeniorCheck.
12. SeniorCheck reserves the right, in its sole discretion, to review, reject and remove any Content that you upload to the Site or your Agent / BrokerProfile;
13. You affirm that you possess ownership or the requisite permissions to utilize and permit the use of your Content as outlined in this document. You acknowledge and accept that you bear responsibility for your Content, and once it is published, you must reach out to SeniorCheck directly for its removal. You accept any risks linked to your Content, including another User's dependence on its accuracy or reliability, as well as any information within your Content that could lead to your identification.
14. You recognize and accept that you may incur liability if your Content includes material that is false, deliberately misleading, or defamatory; infringes upon any third-party rights, such as copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary rights; contains illegal material, including hate speech or pornography; exploits or harms minors; or contravenes or promotes the violation of any laws or regulations. We retain the authority to remove, review, edit, or restore any Content at our discretion, without prior notification to you.
15. You retain ownership of your Content, while we maintain ownership of the SeniorCheck Content, which encompasses visual interfaces, graphics, interactive features, design elements, compilations, products, computer code, software, user ratings and reviews, and all other multimedia components of the Site, excluding your Content, User Content, and any Third Party Content displayed on the Site. We hold the copyrights, trademarks, trade names, service marks, and other intellectual and proprietary rights related to the SeniorCheck Content and the Site globally, protected under copyright, trade dress, patent, and trademark laws, as well as other applicable intellectual property rights. Consequently, you are prohibited from reproducing, modifying, creating derivative works, distributing, publicly displaying, or otherwise exploiting any part of the SeniorCheck Content unless explicitly authorized by us or our affiliates. Aside from the specific permissions outlined herein, we do not grant any express or implied rights, authorizations, or licenses, and all rights to the Site and SeniorCheck Content remain with us.
16. We may utilize your Content in various manners, including public display, reformatting, integration into advertisements, distribution, and permitting others to do the same on their own websites and media platforms. You irrevocably grant us royalty-free, perpetual, non-exclusive, worldwide rights and licenses to use your Content for any purpose. You also represent and warrant to SeniorCheck that you possess all necessary rights, licenses, and authorizations to grant this license, thereby allowing users of the Site and any third party accessing the Site to access your Content in relation to their use of the Site and its services. Furthermore, you irrevocably waive any claims and assertions of moral rights or attribution against SeniorCheck and its users concerning your Content. "Use" encompasses the actions of copying, publicly performing or displaying, distributing, modifying, translating, and creating derivative works of your Content.
17. You recognize and accept that all Content and information available on the Site, which encompasses Company Profiles, screening details, and User ratings and reviews for all SeniorCheck Service Professionals, Members, and Claimers—excluding any logos, trademarked materials, or other intellectual property belonging to Agents/Brokers provided by Service Professionals—constitutes the exclusive property of SeniorCheck. Furthermore, you acknowledge that you do not possess the right to reproduce, post, publish, display, or utilize any User ratings and reviews (including those pertaining to you and your business) or any other Content on the Site, except for Content that you have directly provided.
18. You represent and warrant that all of the information you provide to SeniorCheck, including any and all information you include on your Agent / Broker Profile, is true and accurate. You agree to maintain and update such information to keep it accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to SeniorCheck for any such damages, and will indemnify SeniorCheck in the event of any third party claims against SeniorCheck based on or arising from your violation of the foregoing. If you provide any information that is inaccurate, or SeniorCheck has reasonable grounds to believe is inaccurate, SeniorCheck may suspend or terminate your use of the Site and/or Membership and/or decline to permit your continued and/or future use of the Site and/or future Membership;
19. You understand and agree that the individual whose email address is associated with an account at the time of registration must have the authority to bind you to this Agreement;
20. SeniorCheck reserves the right to publicly display advertisements and additional information alongside or within your Content. You will not receive any compensation for these advertisements. The format, method, and scope of such advertising may change without prior notification. These advertisements may be customized based on the Content of the Site, and the nature and extent of our advertising practices are also subject to change without advance notice.
21. By becoming a SeniorCheck Agent/Broker, Claimer, or by utilizing the SeniorCheck Site or Services, as well as inquiring about SeniorCheck Registration or other products and services, you are requesting and consenting to be contacted by us and our agents through phone, email, mail, or other reasonable methods at any of your provided contact numbers or addresses. This applies even if you have previously opted out of receiving marketing emails from SeniorCheck, for the purpose of delivering the services outlined on our site, managing your account, addressing account-related matters, or for other business-related purposes. You agree to register for a minimum of two methods of Lead notification, such as SMS and email, and understand that failure to do so may result in SeniorCheck not being liable for any delays or undelivered Leads. Additionally, you may receive marketing emails, our e-newsletter, or communications from third parties associated with SeniorCheck, with the option to opt-out of non-essential communications at any time.

TIPS

You are prohibited from utilizing the Site to intimidate or harass SeniorCheck Users, Other Agents/Brokers, or Unclaimed Agents/Brokers, as well as from uploading illegal content, altering Site material, disseminating spam, or unlawfully accessing User information.

In connection with your use of the Site, you agree that you shall not:

1.    Any User of the Site shall not be subjected to bullying, intimidation, harassment, excessive pressure, or the initiation of legal threats or actions.

2.    Use the Site for any purpose that is unlawful or prohibited by the terms and conditions of this Agreement;

3.    Use the Site in any manner that could interfere with any other User's use and enjoyment of the Site; or

4.    Attempt to gain unauthorized access to any of the Site, services, accounts, computer systems or networks connected to SeniorCheck through hacking, password mining, or any other means.

 

5.    It is prohibited to engage in plagiarism or violate the intellectual property rights of others, which encompasses any breach of confidentiality, copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, personality rights, or any other intellectual property or proprietary rights.

6.    It is prohibited to upload, post, or distribute any content that: (i) infringes upon or violates the intellectual property rights of any third party, including trademarks, copyrights, trade secrets, moral rights, ancillary rights, or any related rights, or that leads to the breach of any relevant laws or regulations; (ii) exploits the Site in any manner not expressly permitted by us; (iii) incites behavior that could foster discrimination, racism, hatred, harm, or violence against any individual or group; (iv) poses threats to minors in any form; (v) advocates or promotes illegal, fraudulent, or inappropriate activities; and/or (vi) disseminates content that may be deemed obscene, pornographic, inappropriate, or otherwise objectionable.

7.    It is prohibited to utilize the Site for the purpose of transmitting any form of computer viruses, worms, defects, Trojan horses, or other harmful entities to other users.

8.    Any action that could potentially impose an unreasonable burden on SeniorCheck's technological infrastructure or create excessive traffic demands on the Site should be avoided.|

SeniorCheck retains the authority to determine which data, content, or information may be published on or removed from the Site if it is considered to breach any of the aforementioned restrictions.

 

INTELLECTUAL PROPERTY.

1. Trademarks – The trademarks, logos, and company names associated with SeniorCheck or its affiliates displayed on this Site are protected and may not be reproduced, imitated, or utilized, either wholly or partially, without obtaining prior written permission from SeniorCheck or its affiliates. Additionally, other products, services, logos, and company names referenced on this Site may belong to their respective trademark owners. Unless explicitly stated otherwise, SeniorCheck and its affiliates do not confer any express or implied rights or licenses.
2. Under the terms and conditions of this Agreement, you provide SeniorCheck with a non-exclusive, non-transferable, limited permission to access, utilize, and display this Site and its Content. You are allowed to view and download the Content solely for your personal and non-commercial purposes. This authorization does not constitute a transfer of ownership of the Content and remains subject to the limitations outlined in this Agreement.you under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information;
3. You are prohibited from posting or making available any material on the Site that is protected by copyright, trademark, or other proprietary rights without obtaining explicit permission from the rights holder. You acknowledge that you will bear full responsibility and agree to indemnify SeniorCheck for any damages arising from the infringement of third-party copyrights, trademarks, or other proprietary rights, as well as any other harm caused by your use of such infringing materials in a review or in relation to the Site.

FEES.

4. Term – You agree that the initial term of your SeniorCheckRegistration is effective for a minimum of twelve (12) consecutive months;
5. Membership Payment – Payment may be made either in-full-in-advance (for a term of twelve (12) months) or month-by-month via an approved payment method, as set out by SeniorCheck. Any payment made in-full-in-advance is wholly and completely non-refundable;
6. Refusal – You understand and agree that SeniorCheckreserves the right to cancel your SeniorCheckRegistration if it deems, in its sole and absolute discretion, to be inappropriate in any way;
7. Termination – You understand and agree that SeniorCheck, in its sole and absolute discretion, reserves the right to downgrade your Membership or terminate your Membership and account at any time without notice. You may terminate your Membership after the completion of the initial twelve (12) month term with sixty (60) days written notice. Any payment made in-full-in-advance is wholly and completely non-refundable;
8. You acknowledge and agree that it is your responsibility to ensure that the communication methods that you have selected in your SeniorCheck account, and all contact and billing information, are kept up-to-date and accurate. SeniorCheck is not responsible, or liable, for undelivered account and Member notifications. You agree to promptly notify SeniorCheck if your payment method is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer;
9. Any disputes about charges to your account must be submitted to SeniorCheck in writing within thirty (30) days of the date such charges are incurred. You agree to waive all disputes not made within the thirty (30) day period, and all such charges will be final and not subject to challenge;
10. Past due accounts may be sent to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for, any and all collection and related litigation fees;
11. You authorize SeniorCheckto charge you for any sales or similar taxes that may be imposed on your SeniorCheckRegistration payments, or any other fees charged by SeniorCheck

INDEMNIFICATION, LIMITATION OF LIABILITY, AND DISCLAIMER OF WARRANTIES.

1. You are required to fully protect, indemnify, and defend SeniorCheck along with its agents, officers, directors, shareholders, suppliers, partners, employees, and their respective successors and assigns (collectively referred to as "Indemnified Parties"). This obligation includes holding them harmless from any and all claims, demands, liens, damages, causes of action, and liabilities of any kind, which encompass but are not limited to personal injury, intellectual property violations, fraud, misleading advertising, breaches of any applicable state, provincial, or federal laws or regulations, property damage, as well as legal fees and court costs. Such liabilities may arise directly or indirectly from your work or interactions with customers, as well as from your services, representations, advertising, or obligations, including the duty to safeguard user personal information as stipulated in this Agreement.
2. In no event shall SeniorCheckor its affiliates, agents, licensors, suppliers or their respective directors, officers or employees be liable to you for any direct, indirect, incidental, special, punitive, and/or consequential damages whatsoever, whether based on warranty, contract, tort, or any other legal theory, and whether or not you are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. SeniorCheck’ maximum cumulative liability to you for any losses or damages arising out of, or in connection with, your access to the Site and any services therein shall be limited to the lesser of: (i) the amount paid, if any, by you to us in connection with the Site and any services therein during the twelve (12) months prior to the action giving rise to such liability (if any)
3. The use of this Site is at your own risk and SeniorCheck assumes no liability or responsibility pertaining to the Content, your use of the Site, or the receipt, storage, transmission, or other use of your personal information;
4. The Content and information accessible through this Site may contain inaccuracies and typographical errors. SeniorCheck and its affiliates make no representations or warranties in respect of the accuracy or completeness of the Content or information accessible on or through this Site, or the reliability of any advice, opinion, statement, or other information displayed or distributed through this site. SeniorCheck assumes no responsibility for the accuracy and completeness of any review. You acknowledge and agree that any reliance on any of the foregoing shall be at your sole risk. SeniorCheck will not be responsible to you or any third party for any damages, expenditures, loss of profits, or prospective profits of any kind or nature sustained or arising out of, or alleged to have been sustained, or to have arisen out of your use of this Site;
5. Your use of our Site is at your own risk, and therefore you hereby acknowledge and agree that we supply our services “as is”, “with all faults”, and “as available”, including all Content, software, materials, services, functions, and/or information made available through the Site. SeniorCheckis not responsible for any Content or information that you may find undesirable or objectionable. SeniorCheckhereby disclaims any and all liability arising out of or related to any purported facts or information and description of any products displayed on our site, including all warranties of any kind, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. Neither SeniorCheck, nor its employees, affiliates, contractors and/or agents warrantee that the Site will be error-free, uninterrupted, secure, or produce particular results, that a quote is current, valid and/or un-expired, or that the information obtained therefrom will be reliable or accurate. No advice or information given by SeniorCheck or its employees, affiliates, contractors and/or agents shall create a guarantee;
6. If you are dissatisfied with the Site and the Content thereon, or the Terms of this Agreement, your sole and exclusive remedy is to discontinue use of the Site.

7.    X. ARBITRATION AND GOVERNING LAW.

8. Law and Forum for Legal Disputes – This Agreement shall be governed in all respects by the laws of the Province of Ontario, Canada as they apply to agreements entered into and to be performed entirely within Ontario between Ontario residents, without regard to conflict of law provisions. You understand and agree that any Claim or dispute you may have against SeniorCheck must be resolved exclusively by a Provincial or Federal court located in Toronto, Ontario, Canada, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. For the purpose of litigating all such Claims or disputes, you agree to submit to the personal jurisdiction of the courts located within Toronto, Ontario, Canada;
9. Arbitration Option – For any Claim (excluding Claims for injunctive or other equitable relief) totalling an amount of less than CDN $25,000.00 the party requesting relief will elect to resolve the dispute through binding non-appearance-based arbitration. Arbitration shall be initiated through an established alternative dispute resolution (ADR) provider which shall be mutually agreed upon by all parties. The following rules shall be complied with by the ADR provider and the parties: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions. The initiating party shall choose the specific manner by which the arbitration will be conducted; (b) the arbitration shall not involve any personal appearances by the parties or witnesses, unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

GENERAL.

1.    ENTIRE AGREEMENT – THESE TERMS AND CONDITIONS OF THE AGREEMENT CONSTITUTE THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND HOMESTARS AND GOVERNS YOUR USE OF THE SITE AND SERVICES PROVIDED THEREIN, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND HOMESTARS, WHETHER WRITTEN OR ORAL. THE SECTION AND PARAGRAPH HEADINGS IN THIS AGREEMENT ARE FOR CONVENIENCE ONLY AND WILL NOT AFFECT THEIR INTERPRETATION;

2.    Severability and Waiver – If any provision of this Agreement is held unenforceable by a court of competent jurisdiction, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement will remain in full force and effect. The failure of SeniorCheck to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. No waiver by SeniorCheck of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default;

3.    Assignment of Rights – SeniorCheck may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations under this Agreement without the prior written consent of SeniorCheck, and any such attempted assignment will be void and unenforceable.

4.    Relationship – You and SeniorCheck are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

5.    Cancellation – SeniorCheck may, at its sole discretion, cancel or suspend any of your privileges related to the use of the Site, in whole or in part, for any reason, including, without limitation, the non-compliance with the Terms of this Agreement.

Acceptance – By agreeing you confirm that you have read and understood these Terms and that you agree to be bound by these, and other Terms incorporated by reference above.

CONTACT US

If you have any questions regarding these Conditions of use, you can reach us at the following:

Senior Check Inc.
Tel: 647-553-4895
Email: info@canadianseniors.com
Post Mail:  3-1750 The Queensway suite 112 Etobicoke, Ontario M9C 5H5