User Agreement

This User Agreement (the “Agreement”) governs the use of the DealTrack platform (“the Platform”) by all individuals and entities (“Users”), including but not limited to real-estate brokers, agents, buyers, sellers, lenders, lawyers, mortgage brokers, mortgage agents, administrators, independent contractors, advisors, insurance agents, inspectors, trades and other related service providers. By accessing or using the Platform, you agree to comply with the terms and conditions outlined in this Agreement. If you do not agree, you must immediately cease using the Platform.

1. Acceptance of the Agreement
1.1. Users must accept this Agreement during their first login to the Platform. Continued use of the Platform signifies ongoing acceptance of this Agreement and any future updates.
1.2. DealTrack reserves the right to modify this Agreement at any time. Users will be notified of significant changes via the Platform or email. Continued use of the Platform after such notification constitutes acceptance of the updated Agreement.

2. General Platform Rules and Guidelines
2.1. Users must use the Platform solely for legitimate purposes related to the real estate industry, including transaction management, communication, referrals, and other authorized activities.
2.2. Prohibited behaviors include but are not limited to:

  • Unauthorized data scraping, copying, or sharing of Platform content.
  • Misrepresentation of identity or affiliation.
  • Engaging in fraudulent, unethical, or discriminatory practices.
  • Violating applicable laws, regulations, or Platform policies, including those related to real estate transactions in Canada.

2.3. Misuse, Abuse, and Inappropriate Use:
Users agree to use the Platform solely for its intended purposes in compliance with this Agreement, applicable laws, and Platform policies. The following actions are strictly prohibited and constitute misuse or abuse of the Platform:

  • Attempting to access, tamper with, or use non-public areas of the Platform or its technical infrastructure.
  • Introducing malicious software, viruses, or other harmful technologies to the Platform.
  • Engaging in unauthorized data scraping, data mining, or automated processes to extract information from the Platform.
  • Using the Platform to engage in illegal, fraudulent, unethical, or discriminatory activities.
  • Sharing login credentials or allowing unauthorized parties to access the Platform.
  • Misusing referral features, including creating false records or misrepresenting referral opportunities.
  • Harassing, abusing, or threatening other users or staff associated with DealTrack.
  • Circumventing or attempting to bypass security measures or engaging in unauthorized solicitation of other users outside the Platform.

DealTrack reserves the right to investigate and take appropriate action, including account suspension, termination, or legal action, against Users found to be in violation of this clause.
2.4. DealTrack reserves the right to monitor user activity and enforce compliance by suspending or terminating access for violations of this Agreement.

3. Privacy and Data Protection
3.1. The Platform processes user data in accordance with the DealTrack Privacy Policy and complies with Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws. By using the Platform, you agree to the collection, use, and sharing of your data as described therein.
3.2. Users acknowledge and agree that anonymized and aggregated data may be shared with third parties, including for the purposes of referral evaluations, in compliance with all applicable privacy regulations.
3.3. The Client and its representatives are responsible for ensuring that the personal information they input or process on the Platform complies with all applicable Canadian privacy laws, including obtaining necessary consents from individuals whose data is provided.

4. Referral Program
4.1. The Platform facilitates a referral feature that allows redacted and anonymized records to be shared with authorized service providers, partners, or third parties to assess potential opportunities.
4.2. By using the Platform, Users agree to the following:

  • Records shared under the referral program will exclude personal identifiers and focus on transactional details necessary for the referral process.
  • The sharing of a record under this program is non-binding and subject to further steps, including explicit client consent, before any actionable referral.
  • Users acknowledge that separate agreements or consents may govern subsequent stages of the referral process.

4.3. DealTrack retains the right to manage, moderate, or discontinue any aspect of the referral program at its discretion.
4.4. The referral program operates in compliance with Canadian privacy laws and industry-specific regulations, ensuring that no sensitive personal information is disclosed without appropriate safeguards and consents.

5. Intellectual Property Rights and Restrictions
5.1. The Platform and all associated content, features, and technologies are the exclusive property of DealTrack and its licensors, protected by intellectual property laws. Users are granted a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purposes, subject to the following restrictions:

  • Users may not copy, reproduce, modify, distribute, or create derivative works from any part of the Platform without prior written consent from DealTrack.
  • Reverse engineering, decompiling, or attempting to extract the source code or underlying algorithms of the Platform is strictly prohibited.
  • Users may not use the Platform for competitive purposes, including creating or marketing a similar or derivative product.
  • All trademarks, service marks, logos, and branding associated with DealTrack remain the exclusive property of DealTrack. Unauthorized use of these marks is prohibited.
  • Content uploaded or shared by Users within the Platform (excluding proprietary DealTrack features) remains the property of the User. By submitting such content, Users grant DealTrack a non-exclusive, royalty-free license to use, display, and distribute the content solely for the purpose of operating and improving the Platform.

5.2. Users must ensure that any content or data they upload to the Platform does not infringe on third-party intellectual property rights. Any violation of this clause may result in suspension or termination of access to the Platform and/or legal action to enforce intellectual property rights.

6. User Responsibilities
6.1. Users are responsible for:

  • Maintaining the accuracy and completeness of their profile information.
  • Keeping login credentials secure and notifying DealTrack immediately of any unauthorized access.
  • Adhering to all rules and policies outlined in this Agreement and other applicable terms.

6.2. Users must respect the confidentiality and privacy of other Users, especially in the context of referrals and shared records. Users are strictly prohibited from using the Platform for unauthorized solicitation or sharing sensitive information that violates Canadian privacy laws.
6.3. Users must promptly report any suspicious, unauthorized, or non-compliant activity on the Platform to DealTrack.

7. Disclaimers and Limitation of Liability
7.1. The Platform is provided “as is” without warranties of any kind, either express or implied. DealTrack does not guarantee uninterrupted or error-free operation of the Platform.
7.2. DealTrack disclaims liability for any indirect, incidental, or consequential damages arising from the use of the Platform, including referral-related activities.
7.3. Users acknowledge that referrals are non-binding and that DealTrack is not liable for agreements or arrangements made between Users and third parties. All parties are expected to independently verify compliance with applicable real estate and privacy laws before engaging in transactions.

8. Termination and Suspension
8.1. DealTrack reserves the right to suspend or terminate User access to the Platform for violations of this Agreement or other policies.
8.2. Upon termination, Users must cease all use of the Platform, and DealTrack may delete user data in accordance with its Data Retention Policy.
8.3. Upon termination, Users may request a copy of their retained data in a portable format prior to its deletion, subject to compliance with privacy regulations.
8.4. DealTrack will retain data only for the duration permitted under Canadian privacy regulations and will ensure secure deletion of personal information upon expiration of the retention period or upon request.

9. Governing Law and Dispute Resolution
9.1. This Agreement shall be governed by and construed in accordance with the laws of Canada and the province in which the User operates, with a focus on compliance with Canadian real estate and privacy regulations.

10. Miscellaneous
10.1. Entire Agreement: This Agreement constitutes the entire agreement between the User and DealTrack concerning the use of the Platform.
10.2. Severability: If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.3. Contact: For questions or concerns about this Agreement, please contact DealTrack at support@dealtrack.com.

By clicking “I Agree” during your first login, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this User Agreement.