Terms of use

Advisory Commonsense Network is a brokerage that offers all the support you may want as an owner to successfully sell your home, including mere-posting services for an increased visibility.

The purpose of the Website is to help users sell their properties (the «Properties») without paying any commission. It is up to you and your buyer to complete any eventual transaction. In the interests of transparency for the potential buyers who browse the Website, you hereby give Commonsense Network the express permission to post your personal telephone number on the listed Property.

Although Commonsense Network strives to use its best efforts to keep the Website secure and maintain its integrity, COMMONSENSE NETWORK MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE PROPERTIES, THE VALIDITY OR ACCURACY OF THEIR DESCRIPTIONS, OR THE CAPACITY OF THE SELLERS TO SELL THEIR PROPERTIES OR OF THE BUYERS TO PURCHASE THEM. All information and data presented on or obtained from the Website should be independently verified by users.

Each listing consists of one (1) Property for sale. You are not to post more than one Property on the same listing on the Website.

The Services are offered continuously from the activation of your listing until your subscription expires or your Property is sold. You can pause your listing for a period of up to three (3) months and reactivate it thereafter. If your listing is not reactivated after three (3) months, fees will apply to put your listing back online.

Commonsense Network offers no refund for the Services rendered. For greater clarity, if your file is activated or if a Commonsense Network representative has already met with you to take photographs of your Property, the Services shall be deemed to have been rendered and payment must be made in full.

Commonsense Network authorizes only those of its clients who have active files on the Website to use Commonsense Network signs. Should you fail to observe this policy, Commonsense Network reserves the right to seize the signs in question. Commonsense Network disclaims any liability for loss or theft of signs. If you wish to replace a lost or stolen sign, you shall be responsible for the full costs.

No Legal Advice From time to time, the Website may provide information on the various aspects of selling a Property («Information»). Such Information is provided solely for educational purposes and shall in no event be construed as legal advice or opinion. The Website and its use are not intended as a substitute for and do not replace consultation with a qualified lawyer, where applicable.

Acceptance of Terms of Use Whenever you browse the Website or use any of the Services, you agree to be bound by the Terms of Use. IF YOU DO NOT WANT TO ACCEPT THE TERMS OF USE, YOU SHOULD NOT USE THE WEBSITE OR THE SERVICES. Commonsense Network may amend the Terms of Use at any time, at its complete discretion. Your use of the Website and/or the Services, after an amendment has been posted, shall be deemed to signify your acceptance of the revised Terms of Use. We ask that you review this page at regular intervals.

Cancellation Commonsense Network reserves the right to cancel the Terms of Use and/or your right to browse and use any or all of the Website or Services, at any time, arbitrarily and without notice, at its complete discretion.

Copyright All articles, text, illustrations, graphics, images, photographs, information, audio or video clips, software and codes available on the Website (the «Content»), including the manner in which the Content is presented, are protected by Canadian and foreign law, including copyright law, and belong to Commonsense Network, its affiliates, licensors and/or the party acknowledged as the Content supplier.

Without limiting the generality of the foregoing, photographs posted on the Website and/or taken by Commonsense Network, its employees, representatives, mandataries, agents, and/or licensors, remain the intellectual property of Commonsense Network and cannot be used on any other website, including any real estate marketing website.

All software integrated in or found on the Website, including, in particular, any type of machine code, including all of the files and/or images contained in or generated by such software, is protected by copyright and may be protected by other laws. All such software belongs to Commonsense Network, its affiliates or licensors.

You shall not: (i) use, copy, modify, adapt, translate, download or transmit all or any part of the software; (ii) sell, lease, license or assign the software or otherwise allow access thereto; (iii) modify, remove or cover any trade-mark or proprietary notice included in the software; or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Website and its components, including, in particular, the software, or help anyone do so.

Trade-marks COMFREE, COMFREE & DESIGN and COMMONSENSE NETWORK are trade-marks owned and controlled by ByTheOwner Inc., doing business under the name of ComFree («ComFree») and are used under licence. Other names, words, title, phrases, logos, drawings, graphics, icons and trade-marks posted on the Website may constitute trade-marks of ComFree, Commonsense Network or of a third party. Nothing on the Website shall be construed as granting you any licence or right of use of any logo, drawing or trade-mark of ComFree, Commonsense Network or a third party.

Submissions Via the Website, you can post and submit messages, data, text, photographs, images, videos and other material («Your Content») and interact with Commonsense Network, its employees, agents, mandataries and other users.

You are fully responsible for the quality of Your Content.

Whenever you post Your Content on the Website or submit Your Content to Commonsense Network, you grant Commonsense Network an unlimited, irrevocable, non-exclusive, perpetual and royalty-free worldwide licence to: (i) use, copy, store, adapt, translate, modify, create derivative works, transmit, distribute and publicly perform Your Content or make it publicly available for any purpose; and (ii) grant sublicences to third parties for unlimited rights to exercise any of the foregoing rights. Other than granting the aforementioned licence, you hereby (i) agree to waive all of the moral rights to Your Content in favour of Commonsense Network; (ii) consent to the appearance of your name, address and e-mail address for Your Content, if any, and to the disclosure and/or posting of such information; (iii) acknowledge and agree that Commonsense Network shall not be liable for any loss, damage to or corruption of Your Content; and (iv) acknowledge and agree that the presentations you upload for posting on the Website or that you submit to Commonsense Network shall not be deemed confidential.

Disclaimer of Liability THE WEBSITE, SERVICES AND CONTENT ARE PROVIDED «AS IS» AND «AS AVAILABLE». YOU BROWSE AND USE THE WEBSITE AND ITS FUNCTIONALITIES AT YOUR OWN RISK. COMFREE AND COMMONSENSE NETWORK MAKE NO REPRESENTATION OR WARRANTY REGARDING THE WEBSITE, THE SERVICES OR THE CONTENT. COMFREE AND COMMONSENSE NETWORK ASSUME NO RESPONSIBILITY FOR ANY MISLEADING CONTENT OR INCORRECTLY LISTED INFORMATION.

COMFREE AND COMMONSENSE NETWORK ASSUME NO LIABILITY FOR THE FAILURE TO SELL OR COMPLETE THE SALE OF YOUR PROPERTY THROUGH THE WEBSITE.

COMFREE, COMMONSENSE NETWORK, THEIR AFFILIATES, DIRECTORS, EMPLOYEES, MANDATARIES, AGENTS, AND LICENSORS, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR DAMAGE OF ANY KIND, INCLUDING INDIRECT, SPECIAL OR FORTUITOUS DAMAGE, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OR PERFORMANCE OF THE WEBSITE, THE SERVICES OR THE CONTENT CONTAINED THEREON OR ON ANY OTHER SITE YOU MAY LINK TO THROUGH THE WEBSITE, EVEN IF THEY WERE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGE.

COMFREE, COMMONSENSE NETWORK, THEIR AFFILIATES, DIRECTORS, EMPLOYEES, MANDATARIES, AGENTS AND LICENSORS, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM ANY LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USING THE WEBSITE AND ITS FUNCTIONALITIES OR THAT OF ANY ADVERTISER OR SPONSOR ON THE WEBSITE («THIRD-PARTY USERS») AND SHALL IN NO EVENT BE LIABLE FOR ANY HARM, LOSS OR DAMAGES (INCLUDING SPECIAL, INDIRECT OR INCIDENTAL DAMAGES) OR COSTS ARISING IN ANY MANNER FROM (i) THE ACTS, OMISSIONS OR CONDUCT OF A THIRD-PARTY USER; OR (ii) THE USE OF OR INABILITY TO USE ANYTHING OR ANY SOFTWARE, CONTENT, GOODS OR SERVICES ON OR OFFERED THROUGH A SITE LINKED TO THE WEBSITE.

Links to Third-Party Sites The Website contains links to third-party sites (the «Third-Party Sites») which will direct you away from the Website. ComFree and Commonsense Network provide these links for your convenience. The Third-Party Sites are not under ComFree or Commonsense Network's control and the links shall not be construed as approval or an endorsement of their content by ComFree or Commonsense Network. ComFree and Commonsense Network shall not be liable for the content of Third-Party Sites, the links they contain or any changes or updates made to them, and ComFree and Commonsense Network make no warranty in that respect.

Links to Website Commonsense Network encourages links to the Website. However, it does not wish to be linked to any Third-Party Site which (i) contains content constituting or promoting conduct that would constitute a criminal offence, incur civil liability or otherwise violate any laws or regulations, whether local, state, provincial, national or international, which might harm or hinder the activities, credibility or integrity of Commonsense Network, or which contains, posts or transmits any material or information that transgresses the moral and/or legal standards of Canadian society; or (ii) contains, posts, or transmits any information, software or other material that violates or infringes the rights of others, including material that constitutes an infringement of privacy or the right of publicity, or which is protected by copyright, trade-mark or other proprietary right. Commonsense Network reserves the right to ban or refuse to accept a link to the Website at its complete discretion at any time. You agree to remove any link you may have to the Website at Commonsense Network's request.

Use of Bots You acknowledge that the use of bots, including «webbots», is prohibited for any purpose whatsoever in connection with the Website.

Monitoring You acknowledge that Commonsense Network has no obligation to monitor the Website or any of the content accessible via the Website. However, you acknowledge that Commonsense Network has the right to monitor the Website electronically, at its complete discretion, and to disclose any information necessary in order to comply with any law, regulation or government request, in the interest of operating the Website properly or protecting itself or its users pursuant to the «Privacy Policy».

Indemnification You agree to indemnify, hold harmless and defend ComFree, Commonsense Network, their affiliates, their directors, employees, mandataries, agents, and licensors, including their respective successors and assigns, from and against all claims, demands, liability, costs or expenses of any nature, including legal fees and disbursements arising directly or indirectly from: (i) your violation of the Terms of Use; (ii) your browsing, use or inability to browse or use the Website and/or the Services or any site to which the Website is or may be linked from time to time; (iii) your use of publications, communications, distributions or downloads of any nature via the Website and/or the Services, or your reliance thereon; and/or (iv) your violation of the applicable legislation or regulations. You agree to cooperate with us in contesting any claims.

Governing Law Your use of the Website and Services and the Terms of Use shall be governed by the laws of the Province of Quebec and the laws of Canada, regardless of conflict of law principles. You hereby acknowledge that any litigation arising from or related to your use of the Website or Services or the Terms of Use shall be subject to the jurisdiction of the courts of the District of Montreal, Province of Quebec. You acknowledge that the United Nations Convention on Contracts for the International Sale of Goods does not apply.

Netiquette Rules The Website offers blogs and a forum and allows you, amongst other things, to comment on those blogs and take part in the forum. Your use of the blogs and forum shall be subject to the following netiquette rules, which shall form an integral part thereof:

• From time to time, the blogs and forum may take information on various aspects of the sale of residential properties available (the «Information»). Such Information is provided solely for educational purposes and shall in no event be construed as legal advice or opinion;
• Commonsense Network reserves the right, without any obligation, to monitor and moderate the comments published on the Website. Any statements that are not consistent with netiquette rules might be withheld or removed from the Website;
• Although Commonsense Network appreciates your contributions, it reserves the right not to publish them, at its complete discretion;
• Commonsense Network has no obligation to remove the statements you publish on our blogs or forum, even though you may request such removal. Commonsense Network reserves the right to archive such messages and they may therefore be indexed by Internet search engines;
• Statements harassing or promoting the harassment of another person, including, in particular, Commonsense Network's employees, mandataries and agents and other Website users, will not be tolerated;
• Statements that contravene any law, regulation or government order, that promote false, misleading, or illegal information or that promote unlawful conduct or incite to violence, and any defamatory, obscene, offensive, threatening, aggressive or abusive statements will not be tolerated;
• Statements that do not deal with the proposed topic and/or take the form of a dialogue or private discussion between two or more users who interact without considering the other users will not be tolerated;
• Although Commonsense Network allows you to post links to websites owned and/or controlled by third parties, links to websites that promote false, misleading or illegal information, promote unlawful conduct or contain defamatory, pornographic, obscene, offensive, threatening or abusive images, will not be tolerated; and
• Advertising, in any form whatsoever, will not be tolerated.