Terms of Use Agreement

This Website or mobile application (collectively, hereinafter “Website”) is owned and operated by Frank Versace.

By accessing this Website, the user agrees to be bound by all of the terms of use, without modification, and agrees that these terms constitute a binding contract between the user and Frank Versace. If you do not agree with these terms of use, do not use this Website.

These terms of use may be revised from time to time without notice. All users of this Website should therefore periodically visit this page to review any modifications. The user’s continued use of this Website following any changes constitutes acceptance by the user of such modifications.

Copyright

This Website, and all materials, content, and data available on this Website, is protected by copyright, and is owned by, or licensed to, Frank Versace, or otherwise provided by a third party.

Users may, subject to these terms of use, print or otherwise save individual pages for private use. However, the contents of this Website may not be modified or altered in any respect, merged with other data, or published in any form, in whole or in part. The prohibited uses include but are not limited to, "web scraping", "data scraping" and any other activity intended to collect, store, reorganize or manipulate data that appears on this Website.

Trademarks

Not all real estate agents are REALTORS®.

REALTOR®, REALTORS® and the REALTOR® logo are certification marks owned by REALTOR® Canada Inc., a corporation jointly owned by the National Association of REALTORS® and CREA. The REALTOR® trademarks are used to identify real estate professionals who are members of CREA.

MLS®, Multiple Listing Service®, and the associated logos are all registered certification marks owned by CREA and are used to identify the quality of services provided by real estate professionals who are members of CREA.

Other trademarks used on this Website may be owned by CREA, real estate boards and other third parties. Nothing contained on this Website gives any user the right or license to use any trademark displayed on this Website without the express permission of the owner.

Messages Sent via Website

This Website allows users to send messages to Frank Versace. These messaging features are intended for use by individuals who are potential buyer or sellers and who wish to contact Frank Versace about property listing information. Any other use of the information is specifically prohibited.

In addition, the user agrees not to use this Website to harass or abuse, send spam or other unwanted communications, or send unlawful, libelous, obscene, discriminatory, or otherwise objectionable messages including messages that:

(a) infringe, misappropriate or violate any intellectual property or other rights of any third-party;

(b) are defamatory, harmful to minors, obscene or child pornographic;

(c) contain any viruses or programming routines intended to damage the services or any software, hardware or other technology used to provide the services or surreptitiously intercept or expropriate any data or information;

(d) are false, misleading or inaccurate;

(e) contain Sensitive Data.

For the purposes of these terms of use, “Sensitive Data” includes but is not limited to: (i) a social insurance number, passport number, driver’s license number, or similar identifier (or any portion thereof); (ii) a credit or debit card number; (iii) employment, financial or health information; (iv) any person’s ethnic or religious affiliation, sexual orientation, or gender identity; (v) account passwords; (vi) any person’s date of birth; (vii) any person’s criminal history; or (viii) any other information that is considered sensitive under applicable privacy laws.

Frank Versace is under no obligation to review the content of messages sent through the Website but may do so at any time in order to comply with any law, government request, or in the interest of operating the Website.

SMS Text Messaging & Opt-Out

When you provide your phone number and your consent for us to contact you via SMS text message, you may receive SMS messages from us for any of the following scenarios:

To Provide and Improve Services: To deliver and enhance our services, including customer support and communication.

To Complete Transactions: To schedule and confirm appointments, provide communication regarding transactions, and manage your inquiries.

To Communicate with You: To send you updates, newsletters, promotional information, and property alerts, provided you have consented to receive such communications.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

SMS Message Opt-Out: You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to [email protected]

Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

Links to Website

Users may link to the Website. However, Frank Versace reserves the right to refuse any link at any time at Frank Versace's sole discretion. The user agrees to remove any link to the Website at Frank Versace's request.

Links to Third Party Sites

This Website may contain links to third party sites operated by parties other than Frank Versace. Such links are provided for the user’s reference only. Frank Versace does not endorse or control such third-party sites and is not responsible for their contents or the privacy or other practices of such third-party sites.

Frames

Users and third parties may not under any circumstance use technology to display the content of this Website in a frame or in any other manner that is different from how it would appear if a user typed the URL into the browser line.

Currency & Pricing

Prices displayed on this Website are in the currency of Canadian dollars are calculated using the exchange rates posted by the Bank of Canada. All prices should be independently verified.

Privacy

The user acknowledges that their personal information will be used by the Website in accordance with the Website privacy policy located at: https://frankversace.com/privacy-policy

Liability and Warranty Disclaimer

Frank Versace makes no representations about the suitability of any materials, content or data published on this Website. Listing information is deemed reliable, but not guaranteed. Everything on this Website is provided "As Is" without warranty of any kind including all implied warranties and conditions of merchantability, fitness for a particular purpose, accuracy, completeness, title, and non-infringement.

Neither Frank Versace nor any of their respective suppliers shall be liable for any claims, loss or damages arising out of the user’s access to or use of this Website, including but not limited to any special, incidental, direct, indirect, consequential, or punitive damages, regardless of whether Frank Versace had been advised of or could have foreseen the possibility of such claim, loss, or damage.

Indemnification

The user agrees to indemnify, defend, release, and hold Frank Versace and any of their respective partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers, advertisers, and affiliates harmless from any and all liability, claims, damages and expenses, including reasonable legal fees, resulting from or related to the user’s violation of these terms of use, or the user’s access to or use of the Website or its contents, including any messages sent through the Website.

No Waiver

Frank Versace's failure or delay to enforce any of the terms and conditions under these terms of use shall not operate as a waiver of any of Frank Versace’s rights or privileges under these terms of use.

Termination of Access

Frank Versace reserves the right, in its sole discretion, to terminate, limit or suspend any user’s access to this Website without notice or liability, for any reason whatsoever, including but not limited to the user’s breach of any of these terms of use.

Updates, Upgrades and Revisions

Frank Versace may make changes to the features, functionality, or content of this Website at any time.

By downloading and installing Frank Versace's mobile applications, the user agrees to receive future updates and upgrades to these applications. Users can opt out of automatic updates and upgrades by adjusting their settings, for example, within the operating system or app platform, where such options are available. It is the user's responsibility to ensure that their applications remain up to date to benefit from the latest features, security patches, and improvements.

Language

If these terms of use are translated into a language other than English and there are conflicts between the translations, the English version shall prevail and control.

No Assignment

The user is not permitted to assign or otherwise transfer partially or totally their rights and obligations under these terms of use.

Interpretation

These terms of use shall be interpreted without regard to which party drafted these terms of use.

Severability

If any of the provisions of these terms of use are held invalid or unenforceable, such a finding will not affect the validity of any other provisions of these terms of use, unless the invalidity or unenforceability would invalidate the remainder of these terms of use.

Entire Agreement

These terms of use contain and constitute the entire understanding and agreement between the user and Frank Versace and supersede all previous negotiations, agreements, commitments, and writings. The user acknowledges that they have not relied on or been induced to enter into these terms of use by a representation or warranty other than those expressly set out in these terms of use.

Governing Law

These terms of use shall be governed by the laws of Manitoba, Canada. The courts in Manitoba will have exclusive jurisdiction to hear and decide any disputes relating to these terms of use.

Contact Us

If you have any questions or concerns about these terms of use, please contact: [email protected]