Terms and Conditions
Table of Contents
Clientracker Website Terms and Conditions
By accessing or using Clientracker website operated at clientracker.com and such other locations or hyperlinks as made available from time to time (collectively, the "Website") and the services offered through the Website, you ("you" and, together with all persons accessing or using the Website, collectively, the "Users") signify that you have read, understand and agree to be bound by these Terms and Conditions (the "Terms and Conditions") with Sales Klok Inc. ("Clientracker", "us", "we" or "our"), in all respects with respect to the Website.
Important Notice
Your use of the Website is subject to these Terms and Conditions. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Website.
1 Privacy
You acknowledge that you have read the Privacy Policy located on the Website at clientracker.com, as it may be updated from time to time (the "Privacy Policy"), and hereby consent to the collection, use, disclosure and retention by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in the Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms and Conditions.
2 Amendments to these Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will ensure that the latest, fully amended version of these Terms and Conditions is published on the Website. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate the agreement between you and us regarding the use of the Website as set out in these Terms and Conditions. If you continue to use the Website after the effective date of each amendment, you will be conclusively deemed to have accepted such amended versions of these Terms and Conditions.
3 Legal Capacity
You represent and warrant that you possess the legal right, capacity and ability to agree to these Terms and Conditions and use the Website in accordance with them. We understand the importance of protecting children's privacy online. The Clientracker websites covered by these Terms and Conditions are not intentionally designed for or directed at children 14 years of age or younger. It is Clientracker's policy never to knowingly collect or maintain information about anyone under the age of 14. If you are using the Website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms and Conditions on behalf of such organization and all references to "you" throughout these Terms and Conditions will include such organization, jointly and severally with you personally.
4 License
We grant to you a non-exclusive, non-transferable, non-sublicensable, limited license only to use the Website, in accordance with the provisions set out in these Terms and Conditions. All rights not expressly granted to you in these Terms and Conditions are reserved by us and, if applicable, our licensors.
5 Your Account and Account Use
If your use of the Website requires an account identifying you as a user of the Website (an "Account"), then:
a. Responsibility
You are solely responsible for:
- your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and
- any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission
b. Notification
You agree to immediately notify us, to the extent that you are or become aware, of:
- any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or
- any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account
c. Accuracy
You agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
6 Website Limitations
The Website depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) any representation made by us regarding access performance, speeds, reliability, availability, use or consistency of the Website is on a "commercially reasonable efforts" basis, (ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
7 Acceptable Use and Prohibitions
a. Lawful Use
You will ensure that:
- you only use the Website for lawful purposes, and
- If at any time you become aware of any violation, by any person or entity, of any part of these Terms and Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
b. Prohibited Conduct
Without limiting the generality of any other restriction in these Terms and Conditions, you agree that you will not, in connection with the Website, directly or indirectly do or permit any of the following:
Post, upload, reproduce, distribute or otherwise transmit any Content that:
- a. is unauthorized or unsolicited commercial communications, junk or bulk communications or other "spam"
- b. contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component
- c. is defamatory, infringing, or unlawful
- d. is inappropriate, profane, obscene, indecent, or contains information without suitable access controls
- e. gives rise to civil liability, or otherwise violates rights including copyright infringement, invasion of privacy, trademark infringement or defamation
- f. constitutes a criminal offence, or otherwise engages in criminal activity
- g. engage in threats, harassment, intimidation, stalking or abuse
- h. scan or probe computer systems or engage in unauthorized network trespass
- i. forge headers or manipulate protocols to disguise data origin
- j. impersonate or falsely represent association with any person
- ii. disrupt or threaten the integrity, operation or security of any system
- iii. disable or circumvent access control procedures
- iv. sublicense, share, resell, or exploit for commercial purposes
- v. extract, gather, collect, or store personal information without consent
c. Our Remedies
Without limiting any of our rights, we may suspend, restrict or terminate your use of the Website without notice if, in our sole and absolute discretion, we determine or believe that you have violated any of the acceptable use rules set out above.
8 Proprietary Rights
This section covers content ownership, third-party content, our content, your content, licensing, advertising, public transmission, content deletion, disclosure to third parties, and compliance procedures.
9 Termination of Accounts
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including breach of these Terms and Conditions.
10 Disclaimers, Limits of Liability and Indemnities
Important Legal Notice
THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
We disclaim all warranties and limit our liability as permitted by law. Your use of the website is at your own risk.
General Terms
Enforceability
Your use of the Website and the content and features accessed through the Website constitute your electronic signature to the agreement set out in these Terms and Conditions and your consent to enter into agreements with us electronically. This Agreement will be deemed to satisfy any writing requirements of any applicable law, notwithstanding that the agreement set out in these Terms and Conditions is written and accepted electronically. All contracts between you and us completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.
Interpretation
In these Terms and Conditions, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms and Conditions, (ii) the word "including", the word "includes" and the phrase "such as", when following a general statement or term (whether or not non-limiting language such as "without limitation" or "but not limited to" or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word "or" between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to website addresses or URLs will also include any successor or replacement websites containing substantially similar information as the referenced website(s).
Waiver of Rights and Remedies
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of these Terms and Conditions. Our rights, powers and remedies in these Terms and Conditions, including without limitation the right to suspend, restrict or terminate any use of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
Severability
If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
Limitation Period
Any cause of action you may have with respect to these Terms and Conditions or the Website must be commenced within one year after the claim or cause of action arose, or it will be barred.
Notices
Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms and Conditions a. by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in your Account; b. by you to us will only be deemed to have been effectively and validly given if in writing and delivered or submitted to the _________________
Assignment and Inurement
We may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to you. You may not assign these Terms and Conditions without our prior, written consent. These Terms and Conditions will insure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
Relationship
You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms and Conditions or use of the Website.
Force Majeure
Neither party will be responsible for a failure to fulfil its obligations under these Terms and Conditions or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
Entire Agreement
These Terms and Conditions, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, including but not limited to the Privacy Policy, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and Conditions and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.
English Language
The parties have requested and agreed that these Terms and Conditions and all documents relating there to be drawn up in English.
For questions about these Terms and Conditions, please contact us through our website.
ClienTracker is a business platform designed for real estate professionals to manage clients, track deals, and automate follow-ups. It streamlines lead management, integrates with MLS, and provides insightful analytics. With ClienTracker agents can enhance productivity and close more deals efficiently.
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Winnipeg, MB, R3T 2h2