Last updated: April 30, 2021
These Terms of Service (together with all other terms and conditions listed on the Site or otherwise incorporated by reference here, including but not limited to the Legal Notices, the Registration and Accounts Terms of Service, the Listing Terms of Service, and the User Ratings & Reviews Terms of Service; collectively, these “Terms”) are a legally binding contract between you, including through a bot or other automated means (“You,” “Your,” or “User”), and Zonda Home Canada Inc. dba “BuzzBuzzHome,” Metrostudy Inc. dba “Zonda Intelligence,” and their respective affiliates (collectively, “BuzzBuzzHome,” “We,” “Us,” or “Our”), that You are agreeing to by registering for an account or by accessing or using the BuzzBuzzHome.com or the Livable.com websites or any related mobile applications, as well as any publicly available versions appearing on third-party sites or offered through any distribution partner or other listing syndication (collectively, the “Site”), and/or any of Our online and/or mobile services or any part of them (collectively, the “Services”). By using the Site, You represent and warrant that You have reached the age of majority in Your jurisdiction of residence and that You can form a binding contract with BuzzBuzzHome. Your use of the Site and/or the Services is only permitted if in compliance with these Terms and all applicable local, state, provincial, national, and international laws, rules, and regulations. You further represent and warrant that You are not a competitor of BuzzBuzzHome. If You do not agree with these Terms, do not access the Site or register or use any of the Services.
You acknowledge and agree that these Terms are solely a contract between You and BuzzBuzzHome and expressly do not govern any sale, transaction, or other relationship between You and any other User, including without limitation with respect to any buyer or seller or any property sale contract in connection with any listing on the Services or with respect to any Third-Party Content or Third-Party Integration (defined below). BuzzBuzzHome shall have no liability for Your interactions with other Users or for any User’s action or inaction.
If You are accessing the Site or using the Services on behalf of an organization (for example, as an account administrator), You are agreeing to these Terms for that organization and are representing and warranting to Us that You have the authority to bind that organization to these Terms (in which event, “You” and “Your” will refer to that organization).
By accessing the Site or using any Service, You agree to, and acknowledge that Your access to the Site and use of any Service is subject to, the Legal Notices.
The Site and the Services are provided solely as an online search engine to present information to the public. BuzzBuzzHome does not provide any real estate, brokerage, appraisal, or any other related real estate or real property services, and does not hold itself out as being registered, licensed, or otherwise authorized to perform any such services. BuzzBuzzHome does not provide any advice regarding real property, real estate, real estate transactions, brokerages, appraisals, or any other real estate or real property matters. BuzzBuzzHome does not endorse, recommend, or approve of any real estate agent, broker, brokerage, or other service provider who offers services in connection with the information provided on or through the Site, including without limitation any advertisements provided thereon. BuzzBuzzHome does not (a) broker, sell, lease, or offer to broker, sell, or lease, or own any properties directly and is not a party to any transaction between developers, builders, or sellers (including, as applicable, agents or brokers of the foregoing) and buyers or their brokers or agents, (b) guarantee or ensure any property or any transaction between Users, (c) conduct background screening of any Users or facilitate the execution of any documentation on behalf of any User or collect payment on behalf of any User, or (d) act as an agent, broker, payment processor, money transmitter, payment manager, debt collector, or credit reporting agency, and does not guarantee any results from using the Services.
You should use Your own judgment regarding the merits of any individual, entity, or information that You find on or through the Site, and You are strongly encouraged to personally inspect any listing prior to signing any documentation, providing personal information, or wiring or otherwise sending money for any deposit, payment, or other fee. BuzzBuzzHome cannot and does not represent or warrant that any real estate agent, broker, brokerage, or other service provider who offers services in connection with the information provided on or through the Site is registered, licensed, qualified, or otherwise authorized or capable of performing any such service. BuzzBuzzHome does not make any representations, warranties, or assurances as to the timeliness, completeness, or accuracy of information provided by any real estate agent, broker, brokerage, appraiser, or other service provider on or through the Site, including without limitation any real property evaluation or other related services.
By using the Site, You acknowledge that published prices and availabilities are subject to change at the sole discretion of the property owner or listing agent at any time and without any prior notice. IF YOU RELY ON ANY SERVICE, INFORMATION, OR OTHER CONTENT AVAILABLE ON THE SITE OR THROUGH THE SERVICES, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR RELATING TO YOUR USE OF ANY SERVICE, INFORMATION, OR OTHER CONTENT AVAILABLE ON THE SITE OR THROUGH THE SERVICES.
All ads, photos, videos, messages, documents, descriptions, data, ratings, review, comments, or other information (“Content”) are protected by copyright and other intellectual property laws. The Content is owned by BuzzBuzzHome and/or its licensors and suppliers (collectively, “Licensors”). This includes all know-how, technology, and other intellectual property or proprietary information developed during the provision of the Services. The Content is intended solely for personal, noncommercial use. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, combine, create a derivative work from, repost, or otherwise use any Content or portion thereof in any other way or for any other purpose without the prior written consent of BuzzBuzzHome in each instance.
If You choose to provide input and suggestions regarding the Site or the Services (“Feedback”), then You hereby grant Us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Site or the Services or to create other products and services.
We reserve the right to modify these Terms at any time. We will post the most current version of these Terms on the Site. Any revisions to these Terms will be effective immediately upon posting by Us. For any material changes to these Terms, We will take reasonable steps to notify You of such changes, via a banner on the Site, email notification, another method, or combination of methods. In all cases, Your continued use of the Site or the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
We are constantly changing and improving the Services. We may deploy changes, updates, or enhancements to the Services at any time. We may also add or remove functionalities or features, or We may suspend or stop the Services altogether. Accordingly, either You or BuzzBuzzHome may terminate Your use of any Service for any reason at any time.
Through the Services, You will have the ability to access and/or use content provided by third parties and links to websites and services maintained by third parties (“Third-Party Content”). BuzzBuzzHome does not guarantee that such Third-Party Content, in the Services or elsewhere, will be free of errors or material You may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm Your computer, mobile device, or any files therein. BuzzBuzzHome makes no warranties of any kind and assumes no liability of any kind related to Your access or use of, or inability to access and use, any Third-Party Content.
PROVIDERS OF THIRD-PARTY CONTENT OR THIRD-PARTY INTEGRATIONS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THESE TERMS. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
We respect the intellectual property of others and will respond to notices of alleged copyright infringement that comply with the law (see “Copyright Infringement Notices” in Legal Notices, available at https://www.buzzbuzzhome.com/ca/about/legal-notices. We reserve the right to delete or disable Your Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account(s) of violators.
We reserve the right, but undertake no duty, in Our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content available on or through, or downloadable from, the Services, including without limitation any of Your Content. Any changes to the Services may not be consistent across all platforms or devices. If any changes require You to obtain a new, additional, or different device or other equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, You are solely responsible for any additional expense. Even after Your Content is removed from Your account/profile, Your messages, post(s), and/or threads, regardless of whether such removal or deletion is by You or by Us, copies of Your Content may be retained and/or remain viewable by Us, Our licensors, vendors, service providers, and/or other third parties, including other Users.
You acknowledge that the Content includes certain trademarks, service marks, and other indicia of source (together “Marks”) that are owned by or licensed to BuzzBuzzHome, Licensors, or others. You agree not to copy, use, infringe, or dilute any Mark. You further agree that You will not alter or remove any Mark, copyright notice, or other notice from the Content or any copy thereof. The “BuzzBuzzHome” name and logo are trademarks of BuzzBuzzHome. Other product and company names herein may be trademarks of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Us.
All software contained in this Site (“Software”), is owned by BuzzBuzzHome and/or Licensors and is protected by copyright and other intellectual property laws, as well as international treaty provisions, and may be subject to additional terms and conditions of use (see “Third-Party Content and Integrations” above). Any unauthorized access to, reproduction, redistribution, publication, display, or other use of the Software is expressly prohibited by law and may result in civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
Unless otherwise agreed in writing by Us, You may only provide a hypertext link to the Site on another website, provided that (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with any Mark, as determined by Us in Our sole and absolute discretion; (b) the appearance, position, and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Us, as determined by Us in Our sole and absolute discretion; (c) the link, when activated by a user, must display the Site full-screen and not within a "frame" on the linked website; and (d) We reserve the right to revoke Our consent to the link at any time in Our sole discretion.
Some actions You perform while using the Site will result in email messages from BuzzBuzzHome being sent to the email account associated with Your BuzzBuzzHome account. These email messages are meant to notify You of activity related to Your BuzzBuzzHome account. Email messages that may be sent to You may include, but are not limited to, new follower notifications, updates on listed developments You are following, correspondence with fellow BuzzBuzzHome Users through internal messaging or similar features, communication related to inquiries (RFIs) You have sent through the site to agents and developers, and communication related to Your activity on the BuzzBuzzHome Chat. Additionally, BuzzBuzzHome may email You news, messages, questions, and announcements that We feel may be of relevance to You. You may unsubscribe to these email messages at any time using the unsubscribe mechanism that appears on all email messages sent by BuzzBuzzHome. You may also unsubscribe to these email messages from within Your user settings or by contacting BuzzBuzzHome directly. If You unsubscribe to these email messages, You may continue to receive transactional or account-related communications from Us.
By submitting Content to the Site or through the Services (collectively, “Your Content”), You hereby grant to Us a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicenseable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit Your Content in any form, media, software, or technology of any kind now existing or developed in the future, including for the purpose of promoting and redistributing part or all of the Services (e.g., promotions on social media or through email marketing or other channels). This also includes the right to aggregate anonymous data from Your Content regarding use and functioning of the Services by You and other Users, and such aggregated data will be Our property. You further grant to Us a royalty-free right and license to use Your name, image, and likeness in connection with the reproduction or distribution of the Content. By submitting Your Content, including, but not limited to, through any contact form, You agree that BuzzBuzzHome, any seller, buyer, builder, developer, broker, or other agent or other similar individual or entity may contact You via email, text message, or phone in response to such submission at the phone number or email address provided by You.
You are solely responsible for Your Content. This includes making sure that You have all the rights You need to Your Content and that Your Content does not violate any law or these Terms or any other BuzzBuzzHome guidelines or policies.
You also grant each other User of the Services a worldwide, royalty-free license to access Your Content through the Services, and to use Your Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Services. For clarity, except as otherwise expressly provided in these Terms, this license does not grant any rights or permissions for a User to make use of Your Content independent of the Services.
If We reasonably believe that any of Your Content is in breach of these Terms or may cause harm to BuzzBuzzHome, other Users, or third parties, We may remove, delete, move, or edit all or any part of Your Content in Our discretion.
By using the Site, You expressly agree that BuzzBuzzHome (a) will not be liable for any claims, actions, or judgments arising out of or related to any Content and (b) may monitor, refuse to publish, remove, delete, move, or edit any Content without notice at any time for any reason, without liability and without providing a refund.
All Content must be in the then-current forms and meet the specifications required or enabled by the Site from time to time, which may be modified at any time in Our discretion and without prior notice.
By submitting any ratings, review, comments, or similar Content, You acknowledge and agree to the Ratings and Reviews Terms of Service, which are available at https://www.buzzbuzzhome.com/ca/about/ratings-and-reviews-terms-of-service.
You hereby represent, warrant, and agree that (a) You have all necessary authority, rights, and permissions to submit Your Content to the Site; (b) the Content does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent, or any other intellectual property or other right of any third party, including any rights of privacy or publicity; (c) Your Content, access to the Site, and use of the Services does not and will not cause injury to any person or violate any applicable federal, state, provincial, or local law or regulation including, but not limited to, any applicable real estate licensure or brokerage regulations, any applicable human rights codes, and any applicable laws, ordinances, codes regulations, orders, local laws, bylaws, statutes, regulations, guidelines or orders that facilitate access to housing; (d) Your Content is complete, truthful, accurate, and not misleading; (e) Your Content has not been submitted in order to mislead, deceive, or defraud or seek to mislead, deceive, or defraud any other User, and (f) You will not mislead, deceive, defraud, seek to mislead, deceive, or defraud, make any misrepresentations to, or seek to make misrepresentations to, any other User. You acknowledge that these representations concern facts that are material to BuzzBuzzHome. You agree to release, defend, indemnify, and hold BuzzBuzzHome, Licensors, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, or expenses, including legal fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing, or other use of Your Content, (ii) Your use of the Services or any reliance on the Content, (iii) Your breach of these Terms, or (iv) any actual, prospective, or terminated sale, lease, or other transaction between You and a third party.
You agree not to decompile, reverse engineer, or undertake any similar efforts with respect to the Site or the Services. You will not create any derivative works of the Site or the Services. You will not access or use the Site or the Services to develop Your own software or services, benchmark the Services, frame or mirror the Site or the Services, or copy or modify of any part of the Site or the Services.
Moreover, You agree that You will not, and that You will not encourage others or assist others to, harm the Services or use the Services to harm others. For example, You must not use the Services to harm, threaten, or harass another person, organization, or BuzzBuzzHome. You shall not: (a) damage, disable, overburden, or impair the Services (or any connected network); (b) resell or redistribute the Services; (c) use any unauthorized means to modify, reroute, or gain access to the Services or any part of the Services; (d) use any automated method to access or use the Services (except that operators of public search engines are granted revocable permission to use spiders to copy publicly available materials for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (e) copy, distribute, or disclose any part of the Services in any medium, including without limitation by any automated or nonautomated “scraping”; (f) use the Services to distribute unsolicited promotional or commercial content (including without limitation contests, sweepstakes, barter, advertising, and pyramid schemes) or other unwanted solicitations; (g) cause or encourage any inaccurate measurements of genuine user engagement with the Services; (h) misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; (i) sell, advertise, sponsor, or promote anything (including without limitation any activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam”) without BuzzBuzzHome’s prior written consent and a separate written agreement with BuzzBuzzHome with respect to such activities; (j) use the Services to violate any law or anyone’s rights or to distribute malware or malicious content; (k) use any language that is, or post, upload, transmit, send, or otherwise make available on or through the Services any content that is, or depicts anyone engaged in any act deemed by Us to be pornographic, obscene, sexually explicit, perverse, illicit, indecent, lewd, or lascivious; or (l) engage in personal or group attacks or use any language that is, or post, upload, transmit, send, or otherwise make available on or through the Services any content about an individual or a group that is deemed by Us to be abusive, intimidating, bullying, harassing, hateful, or violent or that We believe victimizes, degrades, defiles, or disparages any individual or group whether based race, gender, gender identity, religion, national origin, disability, sexual orientation, or age or otherwise.
You are solely responsible for compliance with applicable laws and regulations related to Your use of the Services.
You must comply with all applicable import and export control laws, rules, and regulations of the United States, Canada, and other countries, and You must not transfer, by electronic transmission or otherwise, any content or goods subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person, or entity, or for an end use, prohibited thereby. You will not post, upload, transmit, send, or otherwise make available any of Your Content on or through the Services that cannot be exported without prior government authorization or notification, including without limitation certain types of encryption software.
You agree, represent, warrant, covenant, and guarantee that (a) You are not located in a country that is subject to an applicable government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country; and (b) You are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
All Content is subject to federal, state, and provincial laws, ordinances, codes, regulations, orders, local laws, bylaws, statutes, regulations, guidelines, or orders that make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, and/or familial status. Your state or provincial jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria (together, applicable federal, state, and provincial laws, ordinances, codes, regulations, orders, local laws, bylaws, statutes, regulations, guidelines, or orders are referred to as “Applicable Fair Housing Laws”). If You have any question about fair housing laws and housing discrimination in general, please call Your local ministry or applicable governmental department. Your provision, receipt, and/or use of any Content offered or obtained through the Site shall be at all times in compliance with Applicable Fair Housing Laws.
By listing a property through the Site’s listing service (the “Listing Service”), You acknowledge and agree to the Listing Terms of Service, which are available a https://www.buzzbuzzhome.com/ca/about/listing-terms-of-service.
You acknowledge that any failure to comply with these Terms, including without limitation the restrictions on competitor access and the sections “Proprietary Nature of Site and Content,” “Your Representations and Indemnity,” and “Restrictions on Use,” or any unauthorized use of the Site or the Services, is a material breach of this agreement between You and BuzzBuzzHome and will cause irreparable harm and injury to BuzzBuzzHome, for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, You agree that in the event of such breach, BuzzBuzzHome shall be entitled to injunctive or other equitable relief, whether or not liquidated damages are available without the requirement of posting a bond.
Material breach of these Terms harms the integrity, functionality, and reputation of BuzzBuzzHome; detracts from other Users’ trust in and use of the Services; and damages the business of BuzzBuzzHome. Accordingly, You acknowledge and agree that BuzzBuzzHome incurs actual damages, which are extremely difficult or impossible to quantify, as a result of material breach of these Terms. For the avoidance of doubt, such damages would not constitute an adequate remedy at law or in any way affect Your agreement that BuzzBuzzHome would be entitled to injunctive or other equitable relief in the event of such breach.
Customer support is provided by phone, email, and chat functionality through the Services. Please see the contact or about us page for more details. You may use these support resources to ask questions and to report errors or problems with the Services.
These Terms apply to the maximum extent permitted by law. If any government authority holds that We cannot enforce a part of these Terms as written, You and We will replace such part with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire agreement between You and Us regarding its subject matter and supersedes any oral and written understandings, communications, or agreements regarding Your use of the Site and the Services or other matters described in these Terms.
The division of these Terms into sections and subsections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms.
We may assign or transfer Our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign these Terms or transfer any rights to use the Services unless We allow You to do so in writing.
The failure of BuzzBuzzHome to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right, or remedy in that or any other instance, all of which will remain in full force and effect.
You agree that these Terms, and Your relationship with BuzzBuzzHome will be governed by the laws of New York regardless of conflict-of-laws principles. However, some jurisdictions have laws that require agreements to be governed by the local laws of such jurisdiction for such Users. This paragraph does not override those laws. We both agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms. We both agree that the prevailing party in any action to enforce these Terms will be entitled to recover costs and expenses including, without limitation, reasonable legal fees and other legal costs. You hereby agree that any cause of action You may have with respect to the Site or any Service must be exclusively filed on an individual basis in the federal or state courts located in New York within one (1) year after the cause of action arises or else the cause is barred.
BuzzBuzzHome and You are not legal or joint venture partners or agents. We are independent contractors. These Terms are solely for Your and Our benefit. It is not for the benefit of any other person, except for permitted assignees and successors.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
If You, or any of Your users, is a U.S. government entity or if these Terms otherwise become subject to the Federal Acquisition Regulations (FAR), You acknowledge that elements of the Services constitute software and documentation and are provided as “Commercial Items” as defined at 48 C.F.R. 2.101, and are being licensed to U.S. government user as commercial computer software and commercial computer software documentation subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. government end users acquire such software and documentation with only those rights set forth herein.
We may suspend or terminate Your account for any violation of these Terms, for any activities prohibited by these Terms, for circumstances beyond Our control, or if required by law. If We do so, then Your access to and use of the Services will be suspended or terminated immediately.
We strive to maintain the Site and full functionality 24 hours per day. We shall not, however, be liable if the Site is unavailable for any reason for any period of time. Due to many variable factors, access to the Content, any Service, or the Site itself may be unavailable at any time without notice in the case of system failure or system compromise, periodic maintenance, repairs, or any reasons beyond our direct control.
These Terms have been drawn up in the English language at the express request of the parties. La présente convention a été rédigée en anglais à la demande expresse des parties.