Terms of Service
Last Updated: January 2025
Please read these Terms of Service carefully before using our website and services.
These Terms of Service ("Terms") constitute a legally binding agreement between you and Sutton Real Estate ("Sutton," "we," "us," or "our") governing your access to and use of our website, services, and applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.
2. Use of Services
2.1 Eligibility
You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
2.2 Account Responsibilities
If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Notify us immediately of any unauthorized use of your account
- Be responsible for all activities conducted through your account
2.3 Prohibited Uses
You agree not to use our Services to:
- Violate any applicable laws, regulations, or third-party rights
- Transmit any harmful, threatening, abusive, or defamatory content
- Engage in fraudulent activities or misrepresent your identity or affiliation
- Interfere with or disrupt the Services or servers connected to the Services
- Attempt to gain unauthorized access to any portion of the Services
- Use automated systems to access the Services without our permission
- Collect or harvest information about other users without their consent
- Use the Services for any commercial purpose without our authorization
3. Real Estate Services
3.1 Nature of Service
Sutton Real Estate operates as a marketplace and connection platform for real estate services. We facilitate connections between property buyers, sellers, and licensed real estate agents. We do not directly provide real estate brokerage services.
3.2 Not a Licensed Agent
Sutton Real Estate is not a licensed real estate agent or broker. All real estate transactions are conducted by independent, licensed real estate professionals affiliated with our network. We do not provide advice regarding the purchase, sale, or rental of real property.
3.3 Agent Independence
Real estate agents featured on our platform are independent contractors and not employees of Sutton Real Estate. Each agent is responsible for their own actions, compliance with applicable laws and regulations, and the services they provide to clients. Sutton Real Estate is not liable for the acts or omissions of any agent.
4. User Content
4.1 Content Submission
Our Services may allow you to submit, upload, or post content, including but not limited to text, photographs, videos, and reviews ("User Content"). You retain ownership of your User Content, subject to the rights granted to us in these Terms.
4.2 License Grant
By submitting User Content to our Services, you grant Sutton Real Estate a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and promoting our Services.
4.3 Content Standards
You represent and warrant that your User Content:
- Does not infringe any intellectual property or other proprietary rights
- Does not violate any law or regulation
- Is not defamatory, obscene, or offensive
- Does not contain viruses or other harmful code
- Is accurate and not misleading
We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without prior notice.
5. Intellectual Property
5.1 Our Rights
All content on our Services, including but not limited to text, graphics, logos, images, software, and compilation, is the property of Sutton Real Estate or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes, subject to these Terms. This license does not include the right to:
- Modify, copy, or create derivative works based on the Services
- Distribute, transmit, or sell any part of the Services
- Reverse engineer or attempt to extract source code
- Remove or modify any proprietary notices
5.3 Trademarks
"Sutton Real Estate," the Sutton logo, and other marks are trademarks of Sutton Real Estate. You may not use these trademarks without our prior written permission.
6. Third-Party Links and Services
Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Sutton Real Estate. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Sutton Real Estate shall not be liable for any damage or loss caused by your use of any third-party content, goods, or services.
We encourage you to review the terms of service and privacy policies of any third-party websites or services that you visit.
7. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by applicable law, Sutton Real Estate disclaims all warranties, express or implied, including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties regarding the accuracy, reliability, or completeness of content or information
- Warranties that the Services will be uninterrupted, secure, or error-free
- Warranties regarding the results obtained from using the Services
We do not warrant that the Services will meet your requirements or that any defects will be corrected. We do not guarantee any specific results from your use of the Services, including but not limited to successful real estate transactions or connections with agents.
Any content or information obtained through the Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your property or loss of data that results from such access.
8. Limitation of Liability
8.1 Limited Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUTTON REAL ESTATE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM:
- Your access to or use of or inability to access or use the Services
- Any conduct or content of any third party on the Services
- Any content obtained from the Services
- Unauthorized access, use, or alteration of your transmissions or content
This limitation applies regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise.
8.2 Indemnification
You agree to indemnify, defend, and hold harmless Sutton Real Estate, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any rights of another party
- Your User Content
9. Termination
9.1 Right to Terminate
We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, including if we believe you have violated these Terms. We may also terminate inactive accounts.
9.2 Effect of Termination
Upon termination of your access to the Services:
- Your right to use the Services will immediately cease
- We may delete your account and all associated data
- You remain liable for all obligations incurred prior to termination
- Provisions of these Terms that by their nature should survive termination shall survive
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Canada and the province in which our principal office is located, without regard to conflict of law principles.
10.2 Dispute Resolution
Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the Canadian Arbitration Association, except where prohibited by law. The arbitration shall take place in the province where our principal office is located, and judgment on the award may be entered in any court having jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
10.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
11. Changes to These Terms
We reserve the right to modify or update these Terms at any time at our sole discretion. When we make material changes, we will:
- Post the updated Terms on our website
- Update the "Last Updated" date at the top of this page
- Notify you via email or through a notice on our Services (for material changes)
Your continued use of the Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.
We encourage you to review these Terms periodically to stay informed about our policies and practices.
12. General Provisions
12.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and Sutton Real Estate regarding your use of the Services.
12.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
12.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Sutton Real Estate.
12.4 Assignment
You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. We may assign or transfer these Terms without restriction.
13. Contact Information
If you have any questions, concerns, or requests regarding these Terms of Service, please contact our legal department:
Please allow up to 5 business days for a response to your inquiry.
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.