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Terms of Use

Our company, Radar Hill Technology Inc., has created SideCar Advantage and this website, SideCarAdvantage.com, to make it easier for you to find your next home. Radar Hill has a legal contract with the Victoria Real Estate Board (VREB), which grants Radar Hill access to Victoria MLS® property listings information and other data. We operate within the terms of this contract, the major points of which are outlined below.

Here, in plain English, are the main points of our Terms of Use. Below that is the legal version, the fine print. Why do we have two versions? It is because of that judge who said "...a certain level of computer competence be attributed to those who choose to engage in e-commerce..." At Radar Hill we develop on-line tools for our clients that are intuitive and easy to use - just like SideCar Advantage. So why not write some Terms of Use that are easy to understand? So here we go...

Listing Information: The property listing information here at SideCarAdvantage.com is presented "as is", which means, basically, that mistakes can happen. We make every attempt to ensure that our handling of the property listing information is accurate and secure, but we make no warrantees or guarantees, and we are not responsible for errors in the property listing information. The person who originally types in the information, either the REALTOR®, or an assistant, or someone at the Victoria Real Estate Board, can type in the wrong thing, or spell something wrong, or switch numbers around, or measurements can be inaccurate, or photos switched, etc. Please keep in mind that we do not type in the listing information manually every day. If some information seems incorrect, it probably was typed in error. For example a 27,000 sq. ft. one-story house on a 5000 sq. ft. lot. Please don't phone us to complain. Please ask your REALTOR® to verify. If you are a REALTOR®, please don't phone us, contact the VREB. Our company merely presents the information as we have received it with no alterations. In fact, our access agreement specifies that we cannot legally alter a single word. Questions to the accuracy of the data should be directed at the listing REALTOR® or VREB.

Email: Email is not 100% reliable, nor is text messaging, so you may not receive all notifications. We are not responsible for the reliability of email, nor for the reliability of your Internet Provider (Shaw, Telus, etc), nor for your spam software, nor any settings on your computer or your computer network. However if there is a consistent problem with you receiving any emails or text messages through SideCar Advantage, we shall make every attempt to identify and solve the issue, and this will require your full co-operation.

Notes Section: Please be aware that the comments you add into the Notes section within your private webspace in SideCar Advantage are available to your REALTOR® to read. This is a great spot to write "Kitchen too small" for example.

Security and Passwords: You are responsible for the security of your passwords. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails sent to you are not filtered or stopped by spam filters or other types of email blocking software. You must notify your Realtor immediately of any unauthorized use of your account or any other breach of security.

Remember to close your browser when you have finished using SideCarAdvantage.com. This ensures that others cannot access your personal information if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe.

Our Commitment to You: We promise you that SideCarAdvantage.com and its services will be available at least 99.9% of the time, excluding those periods where we conduct regularly scheduled maintenance or where unforeseeable and unavoidable service outages occur due to Internet, router, or Internet Service Provider related downtime outside of our control. While we are not and cannot be responsible for your own connection to the Internet, or the functionality of your own private systems we guarantee that you will, except for those conditions mentioned above, be able to access SideCarAdvantage.com 99.9% of the time.

Note: Radar Hill may at any time revise these Terms of Use by updating this page. You are bound by these conditions and should periodically visit this page to review any changes.

Thanks for reading our 'plain English' terms and conditions. The same thing, and more, in legal language, is below...

Terms of Use Agreement

Radar Hill Technology Inc (hereby referred to as Radar Hill) has a legal contract with the Victoria Real Estate Board (hereby referred to as VREB), which grants Radar Hill access to Victoria MLS® property listings information and other data. By accessing this website for SideCar Advantage, called SideCarAdvantage.com, operated by Radar Hill you agree to be bound by all of the terms of use on this page, and agree these terms constitute a binding contract between you, the user and Radar Hill.

Some sections of these Terms of Use will be identified as specific to one of two types of users:
REALTOR®, which means a licensed member of the VREB, notwithstanding any definitions or clarifications from VREB or others.
Consumers, also referred to as clients or buyers, as one who has engaged the services of a REALTOR®, and who subscribes to the services offered through this website.

1. Copyright and Trademarks
The database structure and management, and all materials on this site are protected by copyright laws and are owned by Radar Hill. The property listings data is copyright VREB, who has supplied the data to Radar Hill.

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 The Canadian Real Estate Association (CREA). The REALTOR® trade marks are used to identify real estate services provided by brokers and salespersons who are members of CREA and who accept and respect a strict Code of Ethics, and are required to meet consistent professional standards of business practice which is the consumer's assurance of integrity.

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

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

2. Liability and Warranty Disclaimer
Radar Hill makes no representations about the suitability of the data or graphics published on this site. The listing information is deemed reliable, but not guaranteed. Everything on this site is provided "AS IS" and on an "AS AVAILABLE" basis. Radar Hill makes no representations or warranties, either expressed or implied, of any kind with respect to the site, its operation, contents or materials. Neither Radar Hill, nor the VREB, nor any REALTOR® shall be liable to you or any third party for any direct, incidental, consequential, indirect or punitive damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and on any theory of liability, arising out of or in connection with the use of this site or of any website referenced or linked to or from this site.

This site could include technical or other mistakes, inaccuracies or typographical errors. Radar Hill assumes no responsibility for errors or omissions in the listings which are displayed on this website. Radar Hill's agreement with VREB specifically forbids Radar Hill from making any changes, edits or corrections to the data obtained from VREB. Radar Hill may make changes to the layout and/or display of property listings at this site at any time without notice.

3. Domain Names
Radar Hill may, at its discretion, have other domain names pointing at SideCarAdvantage.com, or any of its particular web pages. All the Terms of Use as outlined above also apply to any domain names pointing at SideCarAdvantage.com

4. Security and Passwords
You are solely responsible for maintaining the secrecy of your usernames and passwords and any account information. Radar Hill encrypts passwords for security, and takes every precaution to keep your information private. We have strict security protocols in place to protect our customer database, and only allow access to it when absolutely necessary, such as under the terms of our agreement with the VREB, and then under strict guidelines as to what use may be made of such details.

It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.

You will not divulge, share or compromise the security of your username and password, nor will you use or attempt to use the usernames and passwords of any other SideCar Advantage user, of either REALTORS® or Consumers. You will not attempt to defeat or compromise the security related to SideCar Advantage, the SideCarAdvantage.com website, or any of its services. You will not take any action that might reasonably be construed as altering, destroying or rendering ineffective the security related to SideCar Advantage, the SideCarAdvantage.com website, or any of its services.

4a. Consumers: You agree to notify your Realtor immediately of any unauthorized use of your account or any other breach of security. You agree that neither Radar Hill, VREB, nor your REALTOR® will not be liable for any loss that you may incur as a result of someone else using your account access information, either with or without your knowledge. You further agree you could be held liable for losses incurred by Radar Hill or another party due to someone else using your account access information. For security purposes, you should keep account access information in a secure location and take precautions to prevent others from gaining access to your account access information.

4b. REALTORS®: You agree to notify Radar Hill immediately of any unauthorized use of your account or any other breach of security. You agree to notify Radar Hill immediately of any unauthorized use of any of your client's accounts or any other breach of security. You agree that neither Radar Hill nor VREB will be liable for any loss that you may incur as a result of someone else using your account access information, either with or without your knowledge. You further agree you could be held liable for losses incurred by Radar Hill or another party due to someone else using your account access information. For security purposes, you should keep account access information in a secure location and take precautions to prevent others from gaining access to your account access information. You agree that you will be responsible for all activity in your account, whether initiated by you, or by others on your behalf, or by any other means. Radar Hill specifically disclaims liability for any activity in your account, whether authorized by you or not.

5. Links
This website may contain links to other websites, and you should be aware that we are not responsible for the privacy practices, nor the content, on other websites. When you access these websites, you do so at your own risk and Radar Hill is not responsible for the accuracy or reliability of any information, data or statements made on these websites or for the quality of any services available on such websites.

6. Intended Use
Property listings and other data available on this site are intended for the private use by individuals. Users may, subject to these Terms of Use, print or otherwise save individual pages for private use. However, property listings and/or data 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 "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize or manipulate data from these pages.

You may not, without the express written permission of Radar Hill, 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. The link must result in a new, fully functional, full screen browser window occupied solely by the pages created by Radar Hill.

You will not attempt to decompile, disassemble, reverse engineer, or otherwise copy any source code associated with SideCar Advantage, the SideCarAdvantage.com website, or any of its services.

7. Billing and Termination
7a. REALTORS®: You will be billed for services you have selected to receive on a recurring basis until and unless the services we are providing are cancelled by you. By accepting any of our services, you agree to keep us updated as to your billing information. Our charges are not based upon actual usage or volume of usage of the SideCarAdvantage.com website and its services, but instead, are based upon a monthly service fee that entitles you as a REALTOR®, and your clients/potential buyers to use the services. You must specifically cancel your SideCar Advantage account if you no longer wish to use and pay for it. Accounts that have become delinquent (more than 10 days past due) are subject to deactivation without further notice being given to you.

Radar Hill, in compliance with its agreements with VREB, reserves the right to review your use of this website, and to cancel your access to this website at any time, without notice, for any reason as outlined in any agreements, decisions, rulings or correspondence that Radar Hill has with VREB.

At any time that you cease to be a member of the Victoria Real Estate Board in good standing, your REALTOR® access to SideCar Advantage shall cease, and your account access terminated, and the account access of your clients shall also be terminated.

You agree that you are solely liable for keeping your account in good standing, and your contact details up to date. Radar Hill shall not be held liable to you or any third party if it is unable to charge your credit card in order to keep your account in good standing.

Contact Radar Hill to terminate your SideCar Advantage account. Upon your termination, the accounts of your clients will automatically be terminated. If you wish to transfer your clients to another REALTOR®, contact us.

7b. Consumers: There is no charge for you to use SideCar Advantage. As a consumer looking for a new home, SideCar Advantage is free for you to use. However you do need to be working with a REALTOR®, and your REALTOR® must subscribe to SideCar Advantage.

You agree that you will be responsible for notifying your REALTOR® should you desire to terminate your use SideCar Advantage and its services. It is dependent on your REALTOR® to terminate your access. Radar Hill and VREB shall not be held liable for any failure or lack of communication between yourself and your REALTOR®.

8. Privacy
At Radar Hill we value you as a client and respect the security of your personal information. We do not sell or rent any email lists to third parties.

For each visitor to our websites, our web servers automatically recognize consumers' domain name and/or IP addresses. We collect the email addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, user-specific information on what pages consumers' access or visit. With respect to cookies: We use cookies to store visitors preferences, record session information, record user-specific information on what pages users access or visit, customize Web page content based on visitors' browser type or other information that the visitor sends.

Upon request we provide site visitors with access to all information that we maintain about them, transaction information that we maintain about them, communications that the consumer/visitor has directed to our site (e.g., emails, inquiries), contact information (e.g., name, address, phone number) that we maintain about them. Consumers can access this information by writing to us at the address on our contact page. Upon request we offer visitors the ability to have inaccuracies corrected in contact information. Consumers can have this information corrected by writing to us at the address on our contact page.

With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.

If you feel that this site is not following its stated information policy, you may contact Radar Hill at:
5th Floor - 3301 Douglas Street
Victoria, British Columbia
V8Z 3L2

Tel: (250) 477-6395

9. Waiver and Indemnity
You shall indemnify, defend and hold harmless Radar Hill, and VREB, and its officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees made by any third party arising from or in connection with your use of this website, including but not limited to any violation by you of the Terms of Use.

You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the agreement. The remaining terms of use of the agreement will remain in full force and effect.

The failure of Radar Hill or VREB to enforce any of the provisions within this agreement or its incorporated agreements and policies against you or others shall not be construed to be a waiver of the right of Radar Hill or VREB thereafter to enforce such provisions.

10. Force Majeure
Radar Hill will make every effort to keep this website and services operational. However, certain technical difficulties and other factors outside of our control may result in temporary service interruptions. You agree not to hold Radar Hill liable for any of the consequences of such interruptions.

11. Governing Law and Jurisdiction
This website is controlled by Radar Hill from its offices within the Province of British Columbia. By accessing this website, you and Radar Hill agree that all matters relating to your access to, or use of, this website shall be governed by the statutes and laws of the Province of British Columbia.

12. Revisions
Radar Hill may at any time revise these Terms of Use by updating this page. The VREB's data access agreement with Radar Hill may change, or the VREB may alter their rules for access to their MLS® data, and these Terms of Use may change. All users of this site are bound by these conditions and should therefore periodically visit this page to review any changes to these requirements. Your use of this website will be subject to the most current version of the Terms of Use posted on this website at the time of such use.