Please read these Terms and Use and click to provide your consent and acceptance at the bottom.
The Ontario Real Estate Association (“OREA”) welcomes you to the Ontario Realtor® Party web pages and software platform (collectively, the “ORP Platform”).
The ORP Platform is a web-enabled political engagement service OREA offers to subscribing Members through OREA’s Ontario Realtor® Party website and OREA’s associated Grassroots Member Engagement software platform. The ORP Platform can be accessed on the internet through http://www.ontariorealtorparty.com/. The ORP Platform includes the aforementioned web site and platform, the code and tools that allows Authorized Users to send emails and SMS messages via the ORP Platform, the emails and SMS text messages and other content OREA provides Authorized Users in connection with the ORP Platform, and all other web pages, micro-sites, email and SMS text messages, content and material sent or provided by the ORP Platform including by Authorized Users.
THE ORP PLATFORM IS SOLELY DIRECTED TO INDIVIDUALS WHO ARE OF THE AGE OF MAJORITY IN ONTARIO, WHO RESIDE IN ONTARIO, AND WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. IF YOU USE THE ORP PLATFORM OUTSIDE OF ONTARIO IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHETHER YOUR USE OF THE ORP PLATFORM IS LAWFUL, AND YOU MUST COMPLY WITH ALL APPLICABLE LOCAL LAWS. In any event, aS A user of THE ORP Platform YOU agree to comply with all applicable laws and regulations relevant to use of our ORP Platform in the jurisdiction IN WHICH YOU ARE LOCATED.
- Personal Use
Our ORP Platform and all the materials on it is provided to Authorized Users solely on a non-exclusive, non-transferable basis for their own personal use and not for purposes of resale, distribution, public display or performance, or any other uses not expressly permitted hereunder.
- ORP Platform Modifications
You acknowledge and agree that OREA reserves the right at any time to modify or discontinue the whole, or any part of, the ORP Platform, without notice to you, and that OREA will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
- Disclaimer and Limitation of Liability
No content or materials on this ORP Platform is intended to provide specific professional or other advice. We do not guarantee the accuracy, reliability or completeness of any of the information contained on, downloaded, transmitted or accessed from this ORP Platform.YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF THE ORP PLATFORM OR OF ANY INFORMATION OR SERVICES AVAILABLE THEREON SHALL BE SOLELY AT YOUR OWN RISK.THE ORP PLATFORM AND ALL INFORMATION CONTAINED ON OR DOWNLOADED OR ACCESSED FROM IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR CONDITION REGARDING THE QUALITY, SUITABILITY, TRUTH, ACCURACY, MERCHANTABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON OR ACCESSIBLE THROUGH THE ORP PLATFORM. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OREA MAKES NO CONDITION, REPRESENTATION OR WARRANTY THAT: THE ORP PLATFORM WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; THE ORP PLATFORM WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; THE INFORMATION AVAILABLE ON OR THROUGH THE ORP PLATFORM WILL BE ACCURATE, COMPLETE, OR TIMELY; THE USE OF THE ORP PLATFORM WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; THE TRANSMISSION OF INFORMATION TO AND FROM THE ORP PLATFORM WILL BE SECURE; OR THE USE OF THE ORP PLATFORM WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.
FURTHER, AS A RESULT OF YOUR USE OF THE ORP PLATFORM, YOU MAY HAVE THE OPPORTUNITY TO COMMUNICATE WITH OTHER PERSONS. ALL SUCH COMMUNICATIONS ARE AT YOUR OWN RISK. OREA DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH COMMUNICATIONS.
- Limitation of LiabilityOREA WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY DAMAGES FOR LOSS OF USE, PRODUCTION, INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), SAVINGS OR GOODWILL, ECONOMIC LOSS, OR OTHER INTANGIBLE LOSS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE ORP PLATFORM (INCLUDING THE USE, INABILITY TO USE , OR PERFORMANCE OF THE ORP PLATFORM), AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY OREA, ITS EMPLOYEES OR REPRESENTATIVES, AND NOTWITHSTANDING THAT OREA MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES.YOU EXPRESSLY ACKNOWLEDGE THAT OREA HAS ENTERED INTO THIS AGREEMENT WITH YOU, AND MAKES THE ORP PLATFORM AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND OREA. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
- No Advice or SolicitationTHE ORP PLATFORM IS PROVIDED FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE ORP PLATFORM IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING ANY MATTERS ADDRESSED, AND SHOULD NOT BE USED OR CONSTRUED AS AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF, ANY PRODUCT, POLITICAL PARTY, POLITICIAN OR SERVICE. YOU SHOULD APPLY YOUR OWN JUDGMENT IN MAKING USE OF ANY SERVICES OR CONTENT DISCUSSED ON THE ORP PLATFORM, INCLUDING, WITHOUT LIMITATION, THE USE OF ANY INFORMATION CONTAINED THEREIN AS THE BASIS FOR ANY CONCLUSIONS. OREA DOES NOT PROVIDE OR GUARANTEE ANY ADVICE REGARDING THE SUITABILITY OR POTENTIAL VALUE OF ANY PARTICULAR PRODUCT, COMMUNICATION OR SERVICE THROUGH THE ORP PLATFORM.
ORP Platform requires registration in order to gain use or access. When registering with us, you agree to provide complete and accurate information about yourself and to update such information as it changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right to prevent you from using our ORP Platform.
- User Waivers and RepresentationsOur ORP Platform permits users of the ORP Platform to upload, post or otherwise transmit content. You acknowledge and agree that all content not provided by us, whether publicly or privately uploaded, posted or transmitted, is the sole responsibility of the person from whom such content originated. We do not control the content originating from Authorized Users of our ORP Platform. You acknowledge and agree that by using our ORP Platform you may be exposed to content that you may find offensive or objectionable for which we shall have no responsibility or liability. We do not generally screen or edit content originating from users of our ORP Platform, but reserve the right (though we have no duty) to monitor, block or remove, without notice, any content on the ORP Platform, in our sole and unfettered discretion.You agree, warrant and represent that you shall follow all applicable laws and regulations when using our ORP Platform; that you shall be responsible for all acts or transactions that occur under your User ID, including any content uploaded, posted or transmitted through such User ID; and that you have the right to upload, post or otherwise transmit any content originating from you or under your User ID.
- User ConductYour use of the ORP Platform shall be limited to matters pertaining to political issues in Ontario, you agree that you shall not (nor permit anyone else under your registration to) use ORP Platform to upload, post, communicate or otherwise transmit through, or to, our ORP Platform any content that:
- is unlawful, libellous, slanderous, discriminatory, hateful, rude, obnoxious, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
- infringes or might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; or
- contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
- you agree that you shall not (nor permit anyone under your registration to) use the ORP Platform to:
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our ORP Platform; its computer systems, servers or networks; or the passwords of other users;
- provide false information about yourself during the registration process (including without limitation your identity, your location, age, or professional affiliations), impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
- collect information about other users without their consent or otherwise systematically extract data or data fields, including without limitation email addresses;
- sell access to the use of our ORP Platform, including any content contained on, downloaded or accessed from our ORP Platform;
- use the ORP Platform for any illegal purpose, including but not limited to conspiring to violate laws;
- use the ORP Platform for recruitment or sales purposes;
- upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any advertising, promotional materials, resumés, recruitment materials, unsolicited or unauthorized “junk mail,” “spam,” or “chain letters,” “pyramid schemes,” or any other form of solicitation;
- stalk or harass anyone;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through ORP Platform; or
- send any commercial electronic messages.
- Third Party Web Sites, Content and Products and ServicesLinks or pointers to other web pages and references to products and services offered by third parties (for certainty, third parties include, but are not limited to, OREA members) are provided to you by us for convenience only and do not constitute an endorsement or approval by us of the operators of such web sites, the content on them, or of such third party products and services. As we have no control or responsibility over web pages or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
- Notice of Copyright InfringementOur policy is to comply with all intellectual property laws and to act expeditiously upon receiving any reasonable and complete notice of claimed infringement. If you believe that your work has been reproduced on our ORP Platform in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material on our ORP Platform that is claimed to be infringing or to be the subject of infringing activity;
- The address, telephone number or email address of the complaining party;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:
Alison Berne, General Counsel & Chief Privacy Officer
Email: [email protected]
- Intellectual Property
“OREA”, “OREA.com”, “ORP Platform”, the OREA logo and other identifying marks of OREA are and shall remain the trade-marks and trade names and exclusive property of OREA, and any use of such identifying marks without our prior written consent is strictly prohibited. Other trade-marks on our ORP Platform are the property of their respective owners.
- Linking and Framing
OREA permits other web pages to link to the sign-in page of the ORP Platform but the framing of the ORP Platform or any of its Content in any form and by any method is strictly prohibited. Further to and notwithstanding the foregoing, OREA reserves the right to cancel and revoke the permission to any party to link to the ORP Platform at any time, for any reason, without any notice, and without any liability to such party or any other person.
You hereby grant OREA a world-wide, perpetual, irrevocable, transferable, sub-licenseable, royalty-free, non-exclusive, and unrestricted license to use, copy, reproduce, adapt, transmit, publicly display and perform, distribute, translate and create compilations and derivative works from, any and all content (in any format or media) you post on, upload to or otherwise submit to or transmit through the ORP Platform (“Submission”), including any submissions you post on ORP Platform micro-sites and Action Centre. The aforesaid license includes the right to communicate your Submission to recipients we reasonably consider to be your intended recipients through the ORP Platform.
- Governing Law and Jurisdiction
With the exception of a breach by you of intellectual property rights, in the event of any dispute, the parties agree that the dispute shall be resolved by a single arbitrator pursuant to the Arbitrations Act (Ontario), with the arbitration to be held in the City of Toronto and the law applicable thereto shall be the law of the Province of Ontario. The arbitrator appointed pursuant to the Arbitrations Act (Ontario) shall be entitled to award costs of the hearing in addition to the resolution of the claim, and the decision of any such arbitrator shall be final and binding and not subject to appeal.
- Termination and Right to Take Action
OREA reserves the right to take any action with respect to the ORP Platform that it deems necessary or appropriate, at OREA’s sole discretion, if OREA believes Authorized Users’ use thereof or submitted information may create liability for OREA or any user of the ORP Platform, compromise or disrupt the ORP Platform, or cause OREA to to lose (in whole or in part) access to the ORP Platform or any other OREA asset.
- Privacy, Personal Information and Consent
Specifically with respect to the ORP Platform, OREA collects the following personal information about Authorized Users directly from them through www.ontariorealtorparty.com:
• Local board
• Residential or business address
• Phone number
• Any past political experience
• Willingness to participate in a list of political communications and related activities
OREA also collects the following publicly available information about Authorized Users from Elections Ontario’s web site on a regular basis:
• donor name
• political riding of residence or business
• MPP’s/candidates name, riding association name, and political party
• contribution amount to politicians
• contribution amount to political parties
• contribution amount to riding associations
• contribution amount to leadership contestants
OREA also collects the following personal information about Authorized Users through their use of the ORP Platform:
• calls made
• calls made by day
• calls successful
• letters Sent
• letters Open
• text messages open
• tweets and Facebook posts they make through the Offering
• posts they make to other external social media through the Offering
• other communications they send through the Offering
OREA uses this information solely for the purpose of administering and improving the ORP Platform in accordance with OREA’s mandate. More specifically, OREA uses this information:
• to contact Ontario Realtor® Party Members about political issues and initiatives related to OREA’s mandate;
• to facilitate the Authorized User’s participation in such initiatives, should he or she choose to participate in them; and
• to better understand the Authorized User’s engagement in issues related to OREA’s mandate so that OREA can better facilitate his or her use of the Ontario Realtor® Party Offering and to ensure it meets that Authorized Users’ needs.
Where an Authorized User chooses to use the ORP Platform to send a communication to a third party, that Authorized Users’ following personal information may be disclosed to the recipient as part of, or as ancillary information necessary to direct, the message: First Name, Last Name, Address, City, Province, Postal, Phone, Email Address, subject and body of the message.
OREA may use the Authorized User’s name and contact information to address and send electronic messages to him or her in connection with the ORP Platform. Before doing so, OREA will ensure the Authorized User has provided OREA any consent that may be required by law to permit the message, whether implied or explicit. To withdraw your consent to receive such electronic messages, visit:
Aristotle International, Inc. is located in the United States of America. As a result, the Personal Information of Ontario Realtor® Party Members may be handled, on OREA’s behalf, in the U.S.A.. While being handled outside of Canada in this fashion, this Personal Information may be subject to third party access pursuant to the laws and regulations of the U.S.A., its’ states and municipalities, which laws and regulations may differ from those that apply to OREA and Authorized Users in Canada.
For more information on OREA’s privacy practices you may contact our Chief Privacy Officer:
Alison Berne, Chief Privacy Officer
Ontario Real Estate Association
99 Duncan Mills Road, Don Mills, Ontario M3B 1Z2
Telephone (Assistant to the CPO): (416) 445-9910 x 208
Fax: (416) 445-2644
© Ontario Real Estate Association. All rights reserved.
I accept these terms
BY CLICKING IN THE BOX PROVIDED BELOW, YOU CONSENT TO OREA’S COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN CONNECTION WITH THE ORP PLATFORM AS SET OUT IN THIS SECTION 21.