Last updated: March 1, 2010
GENERAL
Welcome to the Kurio website, located at http://kurio.mobi (the "Web Site"). The Web Site is operated by Most Home Real Estate Services Inc. (“Most Home”). The goals of the Web Site include providing consumers with access to ‘for sale’ residential and commercial real estate listings, and other real estate related information and services. They also include providing real estate professionals with certain MLS data and functionality intended for Agents only. Any person accessing or using the Web Site is referred to as “you”. By using the Web Site, and/or content and services available therein, you agree to be bound by the following terms of use ("Terms of Use").
PRIVACY
Most Home is committed to maintaining the privacy and security of any and all information that you provide to Most Home through the Web Site in accordance with its Privacy Policy. Please click here to review Most Home’s Privacy Policy.
APPLICABLE LAW
These Terms of Use are governed by the laws of the Province of British Columbia, Canada without regard to conflicts of laws principles. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction and venue of courts sitting in the Province of British Columbia in all disputes arising out of or relating to accessing or using of the Web Site. Access or use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
INTERPRETATION
If any part of these Terms of Use is determined to be invalid or unenforceable, then that part will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
USE OF THE WEB SITE
Unless specified otherwise, Most Home offers you access to the Web Site solely for your personal and non-commercial uses. You agree to only access or use the Web Site for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:
You agree that Most Home may in its sole discretion and at any time terminate your access to and use of the Web Site, with or without notice. You further agree that use of the Web Site and any of the services available therein shall be immediately terminated if you violate these Terms of Use. In addition, Most Home reserves the right, in its sole discretion, to modify or discontinue the Web Site or any portion thereof, with or without notice, and without liability to you.
LOCATION BASED SEARCHES
The Kurio Web Site is optimized for access by mobile devices. It contains certain real estate search functionality that when used, will engage the location based services available on your mobile device. Kurio does not track your location as you move from property to property. Your location is only identified when you request to see Nearby Homes for Sale and Nearby Open Houses.
AGENT ACCOUNTS
The Kurio Web Site provides certain Agent only functionality and data. To access such functionality and data, real estate professionals will need to create a Kurio Agent account. If at any time Most Home determines that you are no longer a member and/or subscriber in good standing with your MLS, your access to Web Site through your Agent account will be terminated immediately.
You may use Web Site to query and view MLS Data from the MLS to which you subscribe to. Your access to the MLS Data is subject at all times to the rules and regulations and operating policies of your MLS and all agreements between you and your MLS.
Your MLS may charge a fee to access and use the Agent only functionality and data available in the Web Site. If so, and if you choose to create a Kurio Agent account for yourself, you will be billed such fees by your MLS, Board, or Association as part of their regular billing schedule.
These Terms of Use and your rights under it will terminate immediately if: (i) you fail to pay the fee in accordance with the agreed payment terms; or (ii) you fail to comply with any of these Terms of Use; or (iii) if your MLS elects not to make or allow Web Site to be available within its geographic territory. All fees paid or payable are nonrefundable.
DISCLAIMER
THIS WEB SITE AND ALL PROPERTY AND REAL ESTATE RELATED INFORMATION, IMAGES, ARTWORK, TEXT, VIDEO, AUDIO, PICTURES, LINKS AND OTHER MATERIALS AND SERVICES CONTAINED ON THIS WEBSITE, AS WELL AS THE WEB SITE DESIGN, CONTENT AND ARRANGEMENT (collectively, the “Information”) IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON THE WEB SITE AND/OR CONTENT AND SERVICES AVAILABLE THEREIN IS AT YOUR SOLE RISK. MOST HOME MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE WEBSITE AND/OR CONTENT AND SERVICES AVAILABLE THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOST HOME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MOST HOME IS NOT RESPONSIBLE FOR UNAVAILABLE CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED TRANSMISSIONS, ONLINE FAILURES, MOBILE NETWORK FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES THAT MAY AFFECT YOUR ABILITY TO ACCESS AND USE THE WEB SITE.
EXCLUSION OF LIABILITY
MOST HOME WILL NOT BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THIS WEB SITE, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR MOST HOME IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE BASIS ON WHICH A CLAIM FOR DAMAGES IS MADE.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD MOST HOME, ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THE WEB SITE, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DEMANDS, PROCEEDINGS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, COURT COSTS OR ARBITRATION COSTS MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEB SITE AND/OR ANY OF THE CONTENT AND SERVICES CONTAINED THEREIN.
INFORMATION
While reasonable efforts have been made to ensure the Information is accurate and reliable, THE INFORMATION MAY NOT BE ACCURATE, COMPLETE OR CURRENT. You use the Information at your own risk and you should not rely on the Information in situations where that reliance might result in any loss or damage to persons or property.
COPYRIGHT
The Information is protected by copyright laws. All Information available on this Web Site is intended for private, non-commercial use by individuals. Any commercial use of the Information, in whole or in part, directly or indirectly, without the prior written consent of the owner(s) of the copyright, is specifically prohibited. The Information may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. Individual users may, subject to these terms and conditions, email, print or save individual pages for private, non-commercial use, however, an individual user may not otherwise copy, reproduce, republish, post, transmit, display, perform, distribute, modify or create derivative works from the Information without Most Home's prior written approval.
TRADEMARKS
Kurio, Most Home Real Estate Services, and all other trademarks and trade names of Most Home appearing on this Web Site are owned by Most Home and may not be used in connection with any product or service that is not Most Home's; in any manner that is likely to cause confusion; or in any manner that may disparage or discredit Most Home. Nothing contained on this Web Site gives any person the right or license to use any trademark displayed on this Site, without the expressed written permission of the trademark owner.
UPDATES
Most Home reserves the right to make changes to the Web Site and these Terms of Use. You should visit this page from time to time to review the then-current Terms of Use. If you use this Web Site following any such change, you agree to follow and be bound by the Terms of Use as changed. If any change is unacceptable to you, your only recourse is to stop using the Web Site.
Any rights not expressly granted herein are reserved by Most Home.