1. User Registration and Account Security
To access the full MLS® listing data on this Site – which operates as a
Virtual Office Website (VOW) under the Real Estate Board rules – you must register for a personal user account. During registration, you agree to provide your real name and a valid email address, and any other information we may optionally request, to establish a lawful REALTOR®/consumer relationship. You will create a unique username and password for your exclusive use.
Do not share your password with anyone. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. We may periodically require you to reset or renew your password for security and compliance reasons (note: per Board rules, VOW passwords expire after 30 days and are not auto-renewed). We will confirm any new password via email, and you must acknowledge receipt as instructed to regain access. If you suspect any unauthorized use of your account, notify us immediately.
2. Acknowledgements and Consents
By registering and using this Site,
you expressly acknowledge and agree to the following (as required by the Real Estate Board Rules of Cooperation):
- Privacy Notice Received: You have received, read, and understood the British Columbia Real Estate Association (BCREA) “Privacy Notice and Terms of Use and Consent” form. (This important document explains how your personal information may be collected, used, and disclosed in the context of real estate services.)
- Agency Relationship: You acknowledge that you are entering into a lawful REALTOR®–client relationship with Sam Navidi (the “Member”). In other words, Sam Navidi will be acting as your real estate agent/representative in providing services to you through this Site and beyond. (Please note: This relationship does not by itself create a formal agency contract or buyer representation agreement – see Section 7 below on “No Financial or Agency Obligation.”)
- Personal Use Only: All MLS® data and listing information you obtain through this Site is intended for your personal, non-commercial use only. You agree not to use the property data for any commercial purpose or to make any business decisions for others based on this data.
- Bona Fide Interest: You certify that you have a genuine (“bona fide”) interest in purchasing, selling, or leasing real estate of the type offered through this Site. This means you are viewing the MLS® listings solely because you are sincerely considering a real estate transaction (now or in the near future) in the area/price range/type of properties shown, and not for any other purposes.
- Prohibited Uses of Data: You will NOT engage in any of the following activities, nor will you permit or assist others to do so:
- Copy, redistribute, or retransmit any MLS® VOW data or listing information from this Site to any outside party.
- Display, publish, post, or broadcast any MLS® listing data from the Site on any other websites, social media, or media channels, or transfer, sell, or sublicense such data to any third party. (In short, you must not make the MLS® data available to anyone else.)
- Scrape, mine, or harvest data: You will not perform “screen scraping,” “database scraping,” data mining, or use bots, crawlers, or other automated methods to collect, store, reorganize, or summarize any data from the Site. Any attempt to aggregate or manipulate the MLS® data apart from normal personal search and browsing is strictly forbidden.
- Data Ownership and Copyright: You acknowledge that the real estate listing data and information provided on this Site are proprietary to the Real Estate Board (e.g. the Real Estate Board of Greater Vancouver and/or other applicable boards). The Board owns the copyright and all proprietary rights in the MLS® data and listing information. Your use of the data does not transfer any ownership rights to you. All data is provided under license for your personal use as described, and it remains the intellectual property of the Board. You must respect any copyright notices displayed on the Site.
- Compliance Monitoring: You authorize the Real Estate Board (and its duly authorized representatives) to access this Site and access your registration information as needed to verify compliance with these Terms of Use and applicable laws and rules. The Board may monitor usage, audit our VOW systems, and/or take enforcement action if it suspects any violation of the VOW policies, these Terms, or any relevant rules, regulations, or laws. By using the Site, you consent to such monitoring and auditing.
By agreeing to these Terms of Use, you confirm all the above acknowledgments are true and that you will abide by these conditions. These acknowledgments are required conditions of accessing the MLS® data.
3. Permitted Use of the Site and MLS® Data
Subject to your compliance with these Terms, we grant you a
limited, revocable, non-transferable license to use this Site and the MLS® listing information for your
personal, non-commercial real estate research and inquiries. You may use the Site’s features (property search, filters, saving favorites, etc.) solely for the purpose of helping you make informed decisions about potential real estate transactions
for yourself (or your immediate family or household).
You agree to use the listing data in a manner consistent with
ordinary consumer viewing. You may, for example, save or print individual listing details for your personal reference, or share listing links directly with us (your REALTOR®) or your immediate family.
Any other reproduction or distribution of the data is prohibited. If you have friends or colleagues who want MLS® information, kindly refer them to the Site to register for their own access, rather than sharing data improperly.
Using the Site’s data for
any commercial endeavors (such as developing a separate real estate database, doing market research for a business, or generating marketing lists) is strictly not allowed. If we suspect that you are using the data in prohibited ways (see Section 2 above) or that your interest in the data is not genuine, we reserve the right to terminate or suspend your access (see Section 6).
4. Listing Information and Disclaimers
The property listings displayed on this Site are sourced from the Multiple Listing Service® (MLS®) data provided through the Real Estate Board’s VOW feed. While we strive to ensure the information is up-to-date and accurate,
all listing information is provided on an “as is” basis and
is not guaranteed to be accurate.
According to Board rules, the Site must inform you that
the listing information is deemed reliable but not guaranteed accurate by the Board.
We and our brokerage make no warranties or representations regarding the completeness, accuracy, or timeliness of the data.
Property availability and prices are subject to change without notice. You should not rely solely on the listing data for final decisions; always verify important details independently (for example, by requesting up-to-date property disclosures, strata documents, title searches, or professional inspections where applicable).
Other Disclaimers: To protect ourselves, our brokerage, and the Board from liability, please note additional disclaimers:
- No Advice Warranty: The information on this Site (including property descriptions, pricing, and provided market data) is for your informational use. While Sam Navidi may offer professional real estate advice to clients, any general information on the Site does not constitute personal financial or legal advice. You are encouraged to consult with appropriate professionals (e.g. lawyer, home inspector, mortgage advisor) for advice on real estate transactions.
- No MLS® Endorsement: The MLS® data is displayed under license. The Board and MLS® provider do not endorse any interpretations or analyses derived from the data by the Site or user.
- Limitation of Liability: Neither Sam Navidi, ReMax, nor the Real Estate Board will be liable for any direct or indirect damages arising from your use of or inability to use the Site or the MLS® data, including but not limited to errors or omissions in the content. (ReMax refers to the brokerage under which Sam Navidi is licensed; e.g., if Sam Navidi is licensed with XYZ Realty, XYZ Realty is included in this protection.)*
By using the Site, you accept that
you assume all responsibility and risk for your use of the listing information. We will not be liable for any losses or damages in connection with any real estate decisions you make based on data from this Site.
5. Privacy Policy and Use of Personal Information
Your privacy is important to us. Our full
Privacy Policy is provided as a separate document (and is prominently linked on the Site) – please review it carefully. In summary, by agreeing to these Terms of Use and using the Site, you also consent to our collection, use, and disclosure of your personal information as outlined in the Privacy Policy. Key points include:
- We collect personal information that you provide (such as your name, email, and any additional contact details) when you register and as you use the Site. We use this information to provide you with property listing services, to communicate with you about listings or real estate inquiries, and to fulfill our obligations as your REALTOR®.
- Usage Monitoring: We may track your searches or viewed listings on the Site to better understand your needs and preferences, and to offer suitable property suggestions. This usage data, if collected, will be used only internally to improve your experience or our services.
- No Unauthorized Sharing: We will not sell or share your personal information with third-party marketers. The only parties who may receive your information are those involved in providing real estate services to you (for example, our brokerage, or service providers assisting the website), and the Real Estate Board or regulatory authorities for compliance purposes.
- Board Audits: You specifically consent that we may disclose your registration and usage information to the Real Estate Board for auditing and/or legal compliance purposes. This is required to ensure the VOW rules are being followed by both you and us.
- We adhere to all applicable privacy laws, including British Columbia’s Personal Information Protection Act (PIPA), in handling your data. We take reasonable measures to safeguard your information.
- You have the right to withdraw consent or modify your communication preferences. For example, if you wish to unsubscribe from any optional updates or newsletters, you may do so at any time by contacting us (though note that certain transactional communications related to your account or a property inquiry may be necessary to service your requests).
For complete details, please read the Privacy Policy document. By accepting these Terms, you confirm that you also
agree to the Privacy Policy and consent to the uses of your information described therein.
(See the “Privacy Policy” section below for the full text.)
6. Termination of Access
Termination by User: You may discontinue use of the Site at any time. If you wish to terminate your account, please notify us, and we will deactivate your login.
Termination by Us: We reserve the right to suspend or terminate your access to the Site (including disabling your username and password) at our discretion for any violation of these Terms of Use or if we suspect any unauthorized or improper use of the MLS® data. If we terminate your access due to a breach of these Terms, we may do so without prior notice. In less severe cases, we might provide a warning or require you to reaffirm compliance before restoring access.
In the event of termination (by you or us), you will no longer be authorized to access the password-protected areas of the Site or the MLS® listing data. However, Sections 2, 4, 5, 7, and 8 of these Terms (and any other provisions which by their nature should survive) will remain in effect even after termination, governing any issues or liability that may arise from your prior use.
7. No Financial or Agency Obligations in Terms of Use
These Terms of Use
do not impose any financial obligations on you, nor do they create a formal agency contract beyond the basic REALTOR®/client relationship acknowledged in Section 2. There is
no cost to use the Site, and simply registering or agreeing to these Terms does
not mean you owe any commission or fees to us. Likewise, while we consider you a client for the purposes of providing real estate services and MLS® access,
these Terms alone do not establish an exclusive representation agreement.
- Separate Agreements Required: If at some point you choose to engage Sam Navidi as your agent for a real estate transaction (for example, to write an offer to purchase a property, or to list your property for sale), any agreement regarding financial obligations (commissions, service fees) or a formal agency representation contract will be presented to you separately from these Terms of Use. Such agreements will be clearly labelled (e.g., Buyer’s Agency Agreement or Listing Agreement) and will require your explicit consent and signature (not just a mouse-click) in accordance with real estate regulations. We will also provide confirmation of those terms for your records, and they will only take effect once you acknowledge acceptance through the appropriate method (e.g., signing or confirmed electronic acceptance).
- No Automatic Agency Contract: Your acceptance of these Terms and use of the Site does not mean you are exclusively bound to work with Sam Navidi as your REALTOR® for all transactions. You are free to choose your real estate representation. (However, please note that the detailed MLS® listing data on this Site is provided to you because you have a working relationship with Sam Navidi. If you already have an active agency contract with another REALTOR®, you should not register on this Site – or you must disclose that to us – to avoid conflicts. See below.)
- Duty to Disclose Other Representation: Before entering into any formal agency agreement with you, we are required to ask whether you are already a party to any other agency agreements with another real estate agent. By accepting these Terms, you affirm that either (a) you are not currently under any exclusive agreement with another REALTOR® or brokerage, or (b) if you are, you have disclosed this fact to us. If you are working with another agent under contract, we may need to obtain clearance or wait until that contract ends before establishing a new agency relationship with you.
In summary, these Terms of Use facilitate your access to MLS® data as a client of Sam Navidi,
without creating any binding financial commitments. Any decision to formalize the agency relationship or incur financial obligations will be made separately in writing, with your informed consent.
(Please see the separate “Agency Agreement” document for more details on how an agency relationship is handled.)
8. Changes to Terms of Use
We may update or modify these Terms of Use from time to time to reflect changes in regulations, our services, or for other reasons. If we make significant changes, we will notify registered users via email or via a notice on the Site. The “Effective Date” at the top will also be updated.
Continued use of the Site after any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must cease using the Site and may request account deletion.
It is your responsibility to review the Terms periodically for updates. We will always provide access to the latest Terms of Use via the Site (typically in the footer or during login).
9. Governing Law
These Terms of Use are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You agree that any legal action or proceeding related to this agreement or use of the Site will be brought in the courts of the Province of British Columbia. By using the Site, you consent to the jurisdiction of such courts.
We operate in compliance with the rules and bylaws of the Real Estate Board and under applicable laws including the
Real Estate Services Act and
Personal Information Protection Act (PIPA). These Terms of Use shall be interpreted in a manner consistent with those rules and laws. If any provision of these Terms is found to be unlawful or unenforceable, that provision will be deemed severable and will not affect the validity of the remaining provisions.
10. Contact Information
If you have any questions about these Terms of Use, the Privacy Policy, or your rights and obligations when using the Site, please
contact us.
By registering on the Site, you acknowledge that you have read and agree to all the terms and conditions above. Please print or save a copy of this agreement for your records. You can also request a copy from us at any time.