Read these terms and conditions (the “Terms”) carefully as they govern your access to and use of www.transitionsbb.ca, www.transitionsrealtyinc.ca, downsizingexperts.ca, and any other websites or web pages controlled by Transitions Realty Inc. (collectively, the “Site”) and any services and related information provided to you by Transitions Realty Inc. (“TRI”). and contain important information regarding your legal rights, remedies and obligations.
In the Terms, the terms “we”, “us”, or “our” refer to TRI and its directors, officers, employees, agents, successors and assigns. Any reference to “you” refers to persons who view or access the Site or otherwise use the Services (defined below). Any reference to “Affiliate” refers to any entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with TRI.
The Site is owned and operated by TRI. TRI is a real estate brokerage licensed in the province of Ontario, Canada offering real estate and related services.
These Terms contain the terms, covenants, restrictions and conditions upon which you may access and use:
(i) the Site;
(ii) any services and information provided to you by TRI, through the Site or through other means, including, but not limited to, course or program instruction (whether online or in-person, paid or unpaid) (the “Services”); and
(iii) all materials used in connection with the Services, including, but not limited to, course materials, publications, and software (the “Materials”).
By accessing, viewing, or using the Site, making a payment to TRI, beginning an online course or program, or otherwise accepting the Services, you acknowledge that you have read, understand and you agree to become legally bound by and subject to these Terms, the Privacy Policy, and all applicable laws. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Site, access the Materials, or accept the Services.
If you accept these Terms on behalf of an entity, including, without limitation, a corporation, partnership, organization, joint venture, or association, you represent and warrant that you are authorized to act on behalf of such entity and bind the entity to these Terms.
YOUR USE OF THE SITE, MATERIALS AND SERVICES
License
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download or stream Materials from our Site only for your personal, non-commercial use, unless you obtain TRI’s written permission to otherwise use the content.
You may not copy, modify, create derivatives of, distribute, transmit, reproduce, post, publish, license, transfer, sell, or otherwise use any of the Materials or information obtained from or through this Site or as part of the Services without our prior written consent. You may not post any of the Materials or other content or information from the Site or provided as part of the Services to forums, mailing lists, social media, electronic bulletin boards, websites, AI platforms, or other public channels without our prior written consent.
If you are allowed to create a user account, you also agree that you will create, access, and/or use only one user account, unless expressly permitted by TRI, and you will not share with any third-party access to or access information for your account. You acknowledge that you are solely responsible for all activities conducted under your account. If you or your account have been removed or banned by TRI, you shall not create a new account.
The content, layout, design, data and graphics on the Site and in any of the Materials are protected by Canadian and other international law, including, but not limited to, Canadian copyright, trade secret and trademark law. TRI is the owner or licensee of all intellectual property rights in and relating to the Site and the Material. If third party trademarks are displayed on the Site or the Materials, they are owned by their respective owners. All rights are reserved. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
Who May Use Our Services
When you create your TRI account, and subsequently when you use certain features such as our online courses, you must provide us with, and continue to update, your accurate and complete information, including, but not limited to, your full legal name, address, email address, and telephone number.
Prohibited Uses
You shall not use the Site, the Services or the Materials for any purpose that is unlawful or prohibited by the Terms, including, but not limited to, (i) disrupting, impairing or interfering with the Site, (ii) collecting information about other users of the Site or customers of TRI, or (iii) posting any advertisement or sending email to solicit business from customers of TRI or users of the Site.
You must not misuse the Site by introducing viruses, worms, trojans, or other materials that are malicious or harmful to the Site, and you shall not remove or destroy any copyright notices or other intellectual property markings contained on the Site or in the Materials.
Without limiting the generality of the foregoing, you shall not use, or attempt to use, any technique, software, tool, device, or process (including, without limitation, spiders, crawlers, robots, scrapers, avatars, intelligent agents, or data mining tools) to scrape data from the Site. The uploading, distribution, transmission, publication, or other conveyance of any content on this site, in whole or in part, to any neural network or any machine learning, artificial intelligence, expert, or language processing system, large language model (LLM), generative pre-trained transformer (GPT), platform, or program, or the like, is expressly prohibited at any time or in any way. For further clarification, uploading, distribution, transmission, publication, or other conveyance of any content on this site, in whole or in part, to any social media platform (including but not limited to Facebook, Instagram, Reddit, TikTok, X, LinkedIn, or any other program or platform) or to any learning model platform (including but not limited to Chat GPT, Grok, Gemini, Claude, DeepSeek, Qwen, Mistral, Llama, Nova, or any other program or platform) is expressly prohibited at any time or in any way.
Changes to Materials
TRI seeks to provide excellent Materials and Services, but from time to time, unexpected events do occur. TRI reserves the right to cancel, interrupt, reschedule, or modify any Materials or Services. Materials are subject to the Disclaimers and Limitation of Liability sections below.
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, TRI may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to internet access limitations and restrictions from governments. None of TRI, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “TRI Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.
ACCESS TO THE SITE
We do not guarantee that the Site or the Materials will be free from errors or omissions or will always be available or uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if the Site is unavailable for any reason any time or for any period. Furthermore, we have the right to deny or restrict access to the Site to any particular person for any reason. You must provide all necessary equipment and software to connect to the Site and the Materials. We make no representations or warranties regarding compatibility between our software and your devices and software.
User Content
The Site may enable you to share your content, such as photographs, written text, assignments, quizzes, projects, other discussions you submit, posts you make in the forums, questions you ask in a public forum, and the like (“User Content”), with TRI, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share. User Content does not include Materials, Services, course content or other matters made available on or placed on to the Site by or on behalf of TRI or its Affiliates.
How TRI and Others May Use User Content
To the extent that you provide User Content, you grant TRI and its Affiliates a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting TRI the right to authorize TRI and its Affiliates to use User Content for marketing purposes. Nothing in these Terms shall restrict other legal rights TRI may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
SECURITY
We care about the security of our users. While we work to protect the security of your account and related information, TRI cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing tech@transitionsbb.ca
Paid Services TRI
TRI offers paid Services for a fee. Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees charged by or for TRI and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. TRI reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.
REFUND POLICY
Services Delivered under Written Contract: Some programs, services, or engagements offered by TRI will be agreed to by way of a written contract signed by both a TRI representative and a representative of the person or company receiving the services or consuming the program. Any program, service, or engagement so contracted will contain its own refund policy, and that policy will supercede any policy herein.
Third-Party Educational or Training Programs: TRI may be engaged as a selling agent for certain Third Party Educational or Training programs. Any program, service, or engagement sold by TRI but created and owned by a third-party will contain its own refund policy, and that policy will supercede any policy herein.
TRI Educational or Training Programs: If you are not completely satisfied with your purchase of any educational or training program created and owned by TRI, you may receive a refund if your request is made within 30 days from the date of purchase. Please submit a refund request via email within 30 days of your date of purchase of the program to start the refund process. Refunds will be processed as soon as possible, but can take 5 to 10 business days to complete.
Subscription Plans: TRI does not offer refunds for payments made on a month-to-month subscription plan. Your subscription will continue on a month-to-month basis unless and until you cancel your subscription before your monthly renewal date to avoid the next billing. If you cancel your subscription, cancellation will be effective immediately, you will forfeit access to the site, and will not receive a refund.
Real Estate Services: TRI does not offer refunds for real estate commissions earned through providing real estate services for any transaction. All fees and commissions are non-refundable.
Please also note that we treat violations of our Terms of Use very seriously, and we have no obligation to offer refunds to users who violate these terms, even if their requests are made within the designated refund period.
DISCLAIMER
We make no guarantee that the Site will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by viruses or other malicious software resulting from your use of the Site or downloading of the Materials.
We do not guarantee that the Site or the Materials will be free from errors or omissions. While every reasonable effort is made by TRI to provide accurate information, no guarantee is given that information provided on the Site, in the Materials or otherwise provided as part of the Services is correct, complete, up-to-date or is applicable to a particular situation. Users are urged to check their correctness against primary materials or a second source. Using TRI course materials is not a substitute for your own research. TRI make no warranties as to the accuracy of the information contained on the website.
With respect to all information provided in the website or in the course material, TRI makes no warranties of any kind, express or implied (including warranties of fitness for a particular purpose) and shall not be liable for any loss arising out of use of this information, including without limitation any indirect or consequential damages. You assume all risk as to the quality, function, performance and accuracy of the Site, in the Materials or information provided as part of the Services. You are solely responsible for the retrieval and use of the Materials. You should apply your own judgment in making any use of any Materials or information provided as part of the Services, including, without limitation, the use of the Materials or Services as the basis for any conclusions. The Materials or information provided as part of the Services is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action.
The Site may contain hyperlinks to websites not maintained by and not affiliated with TRI. If you choose to visit any linked website, you agree that you do so at your own risk. Such non- TRI resources accessed through links provided on the TRI website were not created and are not maintained by TRI. As such, TRI shall not be responsible for the availability, accuracy, reliability or completeness of the content on such website or for the results obtained by using such content.
We will not be liable to you if the Site is unavailable for any reason any time or for any period. Furthermore, we have the right to deny or restrict access to the Site to any particular person for any reason.
TRI presents the information on this website as a convenience to our users. TRI offers the Services and Materials as an aid to developing your own business. While the information on this site is about legal, tax, and business issues, it does not constitute legal, tax, and business, or any type of professional advice and should not be construed as, or relied on, as legal advice. You must obtain professional or specialist advice before taking, or refraining from taking any action on the basis of information on the Site, in the Materials or otherwise provided as part of the Services. Law is constantly evolving and changes in practice and procedure occur frequently. You must exercise your professional judgment about the correctness or applicability of the material in the Services and Materials and refer to the relevant legislation, case law, administrative guidelines and other primary sources. Any precedents contained in the Services and Materials must be used only as an initial reference point, and are not to be relied upon to the exclusion of other resources or without carefully considering their applicability to the relevant matter. The views and conclusions of authors expressed in the Services and Materials are those of the authors and not necessarily those of TRI.
NO WARRANTY
To the extent permitted by law, we make no warranty or representation, express or implied, with respect to the Materials, which are provided “as is”, and the Site, which is provided “as is” and “as available”, and any information provided as part of the Services. All warranties are expressly excluded and disclaimed, including, without limitation, implied warranties of merchantability or fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing or use of trade.
You must provide all necessary equipment and software to connect to the Site and the Materials. We make no representations or warranties regarding compatibility between our software and your devices and software.
TRI disclaims and you waive all representations, warranties or conditions, express or implied or statutory, including the implied warranties or conditions of merchantability, merchantable quality, durability, title, non-infringement and fitness for a particular purpose.
TRI does not represent or warrant that access to the product will be uninterrupted or error-free. While TRI attempts to ensure that online access and use of the product is safe, TRI cannot and does not represent or warrant that its computer systems or its server(s) are free of viruses or other harmful components.
TRI does not represent or warrant that the information contained in the Services and Materials will meet your needs. TRI does not represent or warrant that the contents of the Services and Materials are identical to the original material from which the Services and Materials was derived. TRI makes no representations, warranties or conditions with respect to any data gathered or obtained by TRI from any source, or for present or future methodology used by TRI in producing or obtaining such data.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE TO ANY PERSON FOR ANY LOSS, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH: (i) USE OF, OR INABILITY TO USE THE SITE; OR (ii) USE OR RELIANCE UPON ANY CONTENT PROVIDED ON THE SITE, THE MATERIALS, OR ANY OTHER INFORMATION PROVIDED AS PART OF THE SERVICES. TRI SHALL NOT BE RESPONSIBLE FOR LOST PROFITS, SALES OR BUSINESS; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS;
LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE. IN ADDITION, TO THE EXTENT THAT A COURT OF COMPETENT JURISDICTION OR OTHER AUTHORITY DOES NOT RECOGNIZE OR ENFORCE THE FOREGOING WAIVER AND LIMITATION, YOUR DAMAGES – WHETHER DIRECT OR INDIRECT – SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO TRI FOR THE SERVICES TO WHICH ANY CLAIM OF LIABILITY RELATES
DURING THE PREVIOUS TWELVE (12) MONTHS.
INDEMNIFICATION
You agree to indemnify and hold harmless TRI and its Affiliates from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or
other costs or expenses of any kind or nature including, but not limited to, reasonable legal fees and expenses, brought by third parties as a result of (a) your breach of these Terms or our policies; (b) your use of the Site, the Materials or the Services; or (c) your violation of any law or the rights of a third party.
TERM AND TERMINATION
These Terms shall take effect upon your first access to the Site, the Materials and/or the Services. We may, in our discretion and without liability to you, with or without cause and with or without prior notice at any time, terminate your access to the Site, the Materials and/or the Services. In the event of such termination or cancellation, you will remain liable for all amounts due to TRI up to the effective date of termination, and you acknowledge and agree that the terms and conditions herein which by their nature survive termination, including, but not limited to, the provisions regarding the confidentiality of the Materials and information provided as part of the Services and our intellectual property rights.
DISPUTE RESOLUTION
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of Site, the Services and/or the Materials (collectively, “Disputes”) will be settled by binding arbitration in Toronto, Ontario pursuant to the Arbitration Act, 1991 (Ontario) by a single arbitrator mutually selected by the parties or otherwise appointed by a judge of the Ontario Superior court of Justice, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Each party shall bear its own costs of the arbitration, unless otherwise awarded by the arbitrator.
Any arbitration award shall be final and binding upon the parties and may be entered and enforced in any court of competent jurisdiction. All aspects of the arbitration shall be treated as confidential, shall not be disclosed to others, and shall not be offered or admissible in any other proceeding or legal action whatsoever.
You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and TRI otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section
will be deemed void.
NATURE OF RELATIONSHIP
No joint venture, partnership, employment, or agency relationship exists between you and TRI or its Affiliates as a result of these Terms or your use of the Site, the Materials, and/or the Services.
SEVERABILITY
Except as otherwise provided herein, if any provision of these Terms is held to be invalid or unenforceable for any reason whatsoever, that unenforceability or invalidity shall not affect the enforceability or validity of the remaining portions of these Terms and such unenforceable or invalid provision shall be severed from the remainder of these Terms.
NO WAIVER
No acceptance by TRI of any payment by you and no failure, refusal or neglect of us to exercise any right under these Terms or to insist upon your full compliance hereunder shall constitute a waiver of any provision of these Terms.
HEADINGS
Headings are for reference purposes only and do not limit the scope or extent of such section.
GOVERNING LAW
These Terms and the relationship between you and TRI shall be governed by and construed in accordance with the laws of the Province of Ontario and, where applicable,
the federal laws of Canada, without regard to conflicts of laws provisions. You hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of Site, the Materials or any information provided as part of the Services.
LANGUAGE
You and TRI agree that these Terms be drafted in the English language. Les parties ont exigé que le présent contrat soit rédigé en langue anglaise.
AMENDMENTS
We reserve the right at any time to change these Terms by amending this page, and your continued use of the Site and/or the Services after such change shall constitute acceptance of the updated terms and conditions. If you do not agree with any such changes, your only recourse is to stop accessing and using the Site and
the Services. We will post any revised version of these Terms on the Site and encourage you to refer back to it on a regular basis.
CONTACT US
If you have any questions about these Terms, please email at info@transitionsre.ca.