Terms Of Service

Use of Our Service

Nobul’s revolutionary platform introduces transparency, choice, accountability, and simplicity to enable consumers to choose the agent who presents the combination of services, pricing, reputation, and fit that is best-suited to them personally.

These are our Terms of Service. Please do not use our services if you are not in agreement with any of the Terms below. Using our services indicates that you agree with our Terms of Service and our Privacy Policy.

This agreement forms a legal and binding agreement between you and Nobul. Please read it carefully. It contains important information regarding your legal rights, remedies and obligations. These include various disclaimers, limitations and exclusions of Nobul’s liability to you, and indemnities that you give Nobul. You may not use the application or the services if you are under the age of majority in the jurisdiction in which you are resident (i.e., if you are a minor), or if you do not agree to be fully bound by these terms.

Terms for Buyers and Sellers and all non-real estate professionals (Consumers)

Important: You contract directly with the Real Estate Professionals for Professional Services. Nobul will not be a party to any agreements or contracts for Professional Services. We may assist in coordinating certain activities relating to the Professional Services but do not act as a prime contractor for the Professional Services and nothing in our provision of Services makes us responsible for the Professional Services. As part of using the Services or registering for a User Account, Real Estate Professionals may agree to pay certain fees to Nobul in connection with the Services. None of the services, or any processes or payments by real estate professional users, make Nobul responsible for the veracity or reliability of the users’ account information, content or any professional services.

Nobul is not intended to solicit parties under an exclusive contract with a brokerage.

All non-real estate professionals who use our site agree to the following terms. If you do not agree with any of these terms, please do not use our services or site.

We may connect you with one or more of our partners, including real estate professionals. When you submit information to Nobul you authorize us to use and provide this information to make an introduction. By providing this information to us, you consent to being contacted by us and by our partners via phone, email, mail or other reasonable means. We require your information to be accurate and complete, especially your contact information so that our partners can contact you quickly and efficiently. We reserve the right to suspend or terminate access to anyone who supplies information that is inaccurate or misleading.

You understand that for our services we may receive payment (a referral fee) that may be a percentage of the commission received by the professionals involved in the real estate transaction. There is no charge to you. Any payment is based on a separate agreement between us and the real estate professional involved. Your use of our services constitutes your acknowledgment of, and agreement to, this compensation arrangement.

You acknowledge that quotes submitted by Real Estate Professionals are expressions of interest only, and do not become binding unless and until you accept it and you execute either a Listing Agreement or a Buyer Representation Agreement (as applicable), at which point the parties are contractually bound to complete any obligations thereunder.

Your participation in our service is voluntary and can be terminated by either of us for any reason at any time. However, any referrals made prior to such termination are still bound by the agreement that we may have with a real estate professional.

You agree that we may modify the services provided or these terms of service at any time. We will notify you in advance of any significant changes of our services, and you agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent services shall be governed by the new terms.

You may initiate or receive a call from a Nobul representative or one of our agent partners via a tracked phone numbers and Nobul may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.

Terms of Service for Real Estate Professionals

Real estate professionals who are involved with and use our Web site must agree with the following terms:

When you register with Nobul you agree to pay a referral fee for each transaction (buyer or sale) made by any buyer/seller Nobul has referred to you. For a copy of the referral fee applicable in your area please contact [email protected] Referral fees are how we generate revenue and provide services to real estate professionals and members of the public.

You grant Nobul permission to display information we have obtained through other sources or you have supplied related to real estate transactions related to you.

You are responsible for keeping your real estate license in good standing and for adhering to all applicable real estate laws regarding disclosures, documentation and other brokerage responsibilities.

You are responsible for all real estate services you provide to your clients and agree to indemnify, defend and hold Nobul harmless from any claims, costs, and damages incurred by Nobul arising from claims by your clients regarding the real estate services you have provided.

Your registration with Nobul is voluntary and can be terminated by either of us for any reason at any time. Any referrals made prior to termination are still bound by this agreement, and Referral Fees will be due upon close of any transactions resulting from such referrals.

You acknowledge that referrals from Nobul are not transferable to any other party without Nobul’s express written consent.

The payment and remittance of taxes, if applicable, is your sole responsibility, and Nobul recommends that you take advice from your accounting, finance or tax professional. Nobul is not responsible for any taxes owed or any other income issues you come across as a result of using our Services.

A Nobul advisor may call you, or you may call Nobul, and Nobul may create a digital audio recording of the call. You acknowledge and agree that phone calls may be recorded for quality assurance purposes only.

With respect to providing quotes to buyers and sellers, you acknowledge and agree that (i) you are responsible for carefully reviewing the contents of a buyer or seller’s request prior to submitting a quote on such request, (ii) Nobul does not guarantee that any of your quotes will result in winning business, (iii) if you have a winning quote, you will contact the buyer or seller as quickly as possible after notification that your quote has become a winning quote, and (iv) if you have a winning quote, you will pay the defined service fee to Nobul upon completion of the Agreement of Purchase and Sale (“Firm Deal”).

Information that you provide to us must be accurate, complete and owned by you. You agree to promptly update any information that is or becomes inaccurate. You hereby grant us permission to e-mail or display your Profile (including your name, likeness, contact information and transaction details) and such other information as may be supplied by you on or from our Web site and such other partner and affiliate websites as we believe advisable for marketing purposes.

Nobul may modify the services provided, these terms of service or the price charged for our services at any time. We will notify you of any significant changes of our services, terms of service or prices by email. You agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent referrals or services shall be governed by the new terms.

Terms for All Users

We care about the privacy of our Users and take steps to protect it. You can read our privacy policy at https://www.nobul.com/legal/privacy-policy, which describes how we may use, access, preserve, store, transfer and disclose your Account Information. You further acknowledge that the Application uses (and, through it, the Services use) the Internet and other third-party networks, and that, accordingly, any information or communications may be processed or transmitted over various networks outside of our control and for which we do not have any responsibility

User Conduct (Things You Must Not Do). Any use of the Services, the Application or the Content other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited. Without restricting that or anything else in this Agreement, you agree not to directly or indirectly:

1. request, offer, negotiate, or complete any portion of Professional Services that (i) would violate, or lead to the violation of, any applicable local, provincial, territorial, national or international law or regulation,(ii) encourage or facilitate illegal activity, pornographic or obscene services including sexual and escort services, offers and solicitations of prostitution, brothels, or illegal grow operations, or (iii) you have no legal right to request or perform,

2. use the Services or the Application to request, make or accept an arrangement for Professional Services independent of the Services, in order to circumvent any service fees or for any other reason,

3. alter, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, the Application, Services, or Service Content except as strictly contemplated in connection with the Permitted Purpose,

4. except to the extent required to be permitted by the law of your jurisdiction (but in such case, only upon written notice to us), reverse engineer, decompile, or disassemble, translate or otherwise attempt to extract the source code from the Services, the Application, the Service Content, or any part thereof,

5. make the Application, Services or Service Content available to anyone, or permit anyone to access same, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy or otherwise commercially exploit the Services or Application in any way except in furtherance of your permitted use in accordance with this Agreement,

6. republish any Service Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, without our prior written permission or the permission of the particular Content owner, as the case may be,

7. use any data mining, robot or similar data gathering or extraction methods with respect to any Services, Application or Service Content,

8. register for more than one User Account, register for a User Account on behalf of an individual other than yourself, or register for a User Account on behalf of any group or non-individual entity (except if you are duly authorized to do so by such group or entity),

9. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, in your Account Information, User Account or otherwise, or use or attempt to use another User’s User Account or the Services without express authorization from us or the applicable User,

10. upload, post, transmit, share or otherwise make available on the Services any User Content that (i) consists of any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation not expressly related to Professional Services, (ii) contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Insurance Numbers, Social Security numbers, credit card numbers, financial information and other personally identifying or private information, unless that third party has consented to such use of its private information, (iii) is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, politically, or otherwise objectionable, including any activity that in our sole discretion is detrimental to protected grounds under applicable human rights legislation, (iv) contains software viruses, malware, phishing links, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, collect personal information or carry out computer frauds or impersonations, or (v) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law,

11. disable or circumvent any access control or related process or procedure established with respect to the Services or Application, or attempt to gain unauthorized access to the Services, Application or Service Content, or remove any copyright or other proprietary notices on or in the Service Content or any part thereof,

12. intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations thereto, or any court order or lawful order of any governmental authority,

13. access the Application, Services or any Service Content in order to (i) build a competitive product or service, or (ii) copy any features, functions or graphics of the Application, Services or Service Content,

14. utilize the Services in any way except as expressly permitted by this Agreement, including by developing or using any software tool or other application that interfaces with the Services or the Service Content except for standard web browsers through permitted access mechanisms on Nobul sites and the unmodified Application, or

15. interfere with or disrupt the Services or Service Content (including the servers, networks or technology connected to the Services).

Notwithstanding anything else in this Agreement, “Nobul”, the Nobul logo and design, and all other trade-marks, trade dress, graphics, logos, designs, page headers, button icons, scripts and service names used by Nobul on or in connection with the Services or Applications (collectively, the “ Marks ”) are registered trademarks, trademarks or trade dress of Nobul or its licensors and all right, title and interest in and to the Marks, whether registered or not, are and shall remain vested in us or in our licensors, as applicable. The Marks may not be used, including as part of trademarks, trade names, trade dress or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Reference on the Services or through the Application to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by, or any affiliation thereof with, Nobul.

Disclaimers

Although we provide this Agreement and other policies and rules for User conduct, we do not control and are not responsible for our Users’ actions and are not responsible for any Content you may encounter on the Services or through the Application. We are not responsible for the conduct, whether online or offline, of any User. Notwithstanding anything else in this Agreement, we have no responsibility to monitor any User Content or Third Party Content.

The Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. We are not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any site or application, or combination thereof.

You agree that any claim by you under this agreement against Nobul must be brought within one year of the act giving rise to the claim.

In no event will Nobul or its respective directors, partners, officers, employees, contractors or agents, be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, and whether direct or indirect, for any lost profits, lost business opportunities, lost data, the cost of procurement of substitute goods or services, any personal injury or property damage, of any nature whatsoever, arising from your use of the services, the service content or other materials on or accessed through the services (including all third party content and third party sites), even if Nobul is aware or have been advised of the possibility of such damages.

Neighbourhood data uses “Neighborhoods, US, 2017, Zillow, SEGS” by Zillow, licensed under CC BY 4.0

This section applies to Real Estate Professional Users. In no case will Nobul’s aggregate liability to you for any cause whatsoever, and regardless of the form of the action, exceed the amount paid, if any, by you to Nobul for the services during the year in which your such cause arose (for example, if you are a professional user, the amount of your service fees payable to Nobul).

This section applies to Consumer users. If you are a consumer, you acknowledge that the services are free, and thus a complete limit of liability is appropriate. As such, you acknowledge that, as no fees are paid by you to Nobul for the services, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Nobul, regardless of the cause of action. if for any reason Nobul is found liable due to any inapplicability of the foregoing, in no case will Nobul’s aggregate liability to you exceed the lesser of (i) 5% of total cost of the professional services rendered to you in a calendar year and (ii) $50. you agree that all liability in connection with professional services rests with the relevant professional users, and any information provided by Nobul is in no way an acceptance or admission of liability.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights but only to the extent of such exclusion by applicable law. Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited, but instead the intent is that these disclaimers, limitations and exclusions will apply to the fullest extent permitted by applicable law.

You hereby acknowledge and agree that no employment, joint venture, partnership, or agency relationship exists between you and Nobul as a result of this Agreement or your use of our Services. We are solely independent contractors.

If you believe that any Service Content infringes upon any copyright or other intellectual property right that you own or control, or if you otherwise object to any User Content that you find on the Services, you may send a written notification to our designated agent for copyright and other complaints: by e-mail to [email protected], or by regular mail to the Attention of Copyright, IP, and Content Complaints, at 130 King Street West
Suite 1800, Toronto, ON, M5X 1E3. The notification must contain the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) if the complaint is about copyright or other intellectual property rights, identification of the copyrighted work or other intellectual property right claimed to have been infringed, or, if multiple infringements are covered by a single notification, a representative list of such infringements; (c) if the complaint is about objectionable content, the reasons for the objection; (d) identification of the material that you are objecting to and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (e) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (f) a statement that the information in the notification is accurate; and (g) an attestation to the foregoing and that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized under this Agreement or applicable law. We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Users who are deemed to be repeat infringers of intellectual property or users or posters of objectionable content. We may also, at our sole discretion, limit access to the Services or terminate the User Account of any User who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement, or otherwise uses or posts objectionable Service Content.

We care about addressing your concerns in an informal and efficient manner. For any dispute you have with us regarding the Services or the Application, you may contact us and attempt in good faith to resolve the dispute informally by reporting the dispute to our customer service online at any time by emailing [email protected] . You agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the City of Toronto, Ontario, in the Province of Ontario with respect to any dispute hereunder.

To the extent permitted by applicable law, you and Nobul hereby agree and acknowledge that (a) we may only resolve disputes on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, purported class, consolidated, or representative action, and (b) to the extent permitted by applicable law, any dispute may not be combined or consolidated with a dispute involving any other person’s or entity’s product or claim. No amendment of this provision will affect Users who entered into the Agreement such amendment unless expressly acknowledged in writing by the relevant User.

You are fully responsible for your actions and interactions with other users. You agree to release, indemnify and hold Nobul and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal and accounting fees, arising out of or in connection with (a) its use of your User Content, (b) your use of the Services or the Application that violates this Agreement, any law, or any right of any third party, and (c) any interactions, disputes or controversies that arise between you and other Users.

Except for Real Estate Professionals, who may have specific agreements signed or authorized by Nobul, this Agreement constitutes the entire agreement between you and us regarding the use of the Services, superseding any prior agreements between you and us relating to your use of the Services, the Application and all other Service Content. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, unlawful, void or unenforceable for any reason, that provision shall be deemed severable and the remainder of this Agreement shall continue in full force and effect. This Agreement shall enure to the benefit of, and be binding upon, parties hereto and their respective heirs, executors, administrators, successors, and assigns.