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TO: PRINCE EDWARD ISLAND REAL ESTATE ASSOCIATION

For valuable consideration, the undersigned (hereinafter the “User”), being a member or affiliate of the Association, and wishing to obtain rights (“Data Access Rights”) to electronically access data and information (including in connection with real estate property listings in the Association’s district) (“Data”) contained in the database management system maintained for the Association by Paragon (hereinafter the "System"), for purposes of applying the User's professional, consulting, or technical expertise for the benefit of clients, does hereby irrevocably covenant, undertake, acknowledge, and agree as follows:

1. The System is the property of Paragon. The contents of any data bases accessed by the User through the System are the property of the Association or any third party supplier
2. The Association will assign to the User unique identification and login information (collectively, a “User ID”) for the purpose of enabling remote electronic access to the Data through the System.
3. The User is responsible for security of the User ID and the User shallnot:
   • permit any person use of the UserID;
   • use the User ID of any other User;
   • attempt to access, modify, or reverse engineer the computer programs which are part of the System;
   • attempt, examine, or challenge the security arrangements or reveal details of any security mechanism included in the hardware or the System; or
   • take any action, which in the opinion of the Association is detrimental to the System.
4. Use of information, products, and services acquired as well as any right or interest granted or obtained under this arrangement is personal as between the User and the Association. Subject to the intention expressed in this provision, any passing of information, products, or services to third parties constitutes a breach of this agreement. Without limiting the generality of the foregoing, the following dealings with information, products, and services are strictly prohibited:
   • transfer, exchange, transmission, gifting, passing, releasing, publishing, sharing or sale of information products;
   • marketing or reselling of the services acquired; and
   • acting as an agent for any other person for input or retrieval of information or services from the System
   This provision is not intended to prohibit the User from including information, products, and services acquired under the remote electronic access arrangements in any report, opinion, appraisal or other advice prepared by the User applying the User's professional, consulting, or technical expertise for the benefit of clients in the course of acting in the User's capacity as a real estate salesperson or agent.
5. THE ASSOCIATION AND PARAGON (AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, AGENTS AND CONTRACTORS) SHALL NOT BE LIABLE TO THE USER FOR ANY LOSSES, CLAIMS, DAMAGES, ACTIONS, CAUSES OF ACTION, COSTS, OR EXPENSES OF ANY KIND WHATSOEVER (WHETHER ECONOMIC OR COMMERCIAL IN NATURE AND WHETHER FORESEEABLE OR NOT, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, RELIANCE, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR REVENUE OR OTHER ECONOMIC LOSS, WHETHER UNDER CONTRACT, TORT OR OTHERWISE), THAT MAY RESULT FROM USE OF THE SYSTEM OR PROVISION OF REMOTE ELECTRONIC ACCESS TO THE DATA FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO BY REASON OF ERRORS OR OMISSIONS IN THE SYSTEM OR WITHIN THE ACCESSED DATA.
6. In addition to the compliance provisions contained within this agreement, the User will also comply with all policies, standards, or procedures as may be issued from time to time by the Association relative to use of the System provision of remote electronic access to the Data.
7. The User shall pay to the Association all applicable fees and charges for use of theSystem.
8. The User will indemnify and save harmless the Association, Paragon and their respective affiliates, directors, agents, contractors and employees from and against any and all losses, claims, damages, actions, causes of actions, costs, and expenses that may result from:
   • any default, act or omission of the User, or the User's employees or agents relating to the provisions of this agreement;
   • the use of the User ID provided to the User; and
   • any alteration or destruction of Data or computer programs.
9. The Association will suspend the User's access and may suspend the User's membership in the Association at any time if the User does not comply with the provisions of this agreement or if the Association is of the opinion that there is some valid reason for suspending access, which suspension may be issued without notice. Further, the discipline procedure set out in the bylaws of the Association may be applied against the User if the User fails to observe any provision of this Agreement.
10. This Agreement and the User’s right to access the System may be terminated in the event of default by the User, or in the event the Association’s right to provide remote electronic access ceases or terminates.

The undersigned applicant agrees to be bound by the Bylaw, CREA Code of Ethics and Standards of Business Practice, MLS® Rules and Regulations and policies of the Prince Edward Island Real Estate Association and the Canadian Real Estate Association in effect at the time of application, and as may be amended from time to time. The applicant understands and agrees that a breach of any of these may result in disciplinary action being taken by the Prince Edward Island Real Estate Association which could result in membership being terminated. Consent is hereby given to the Prince Edward Island Real Estate Association to conduct or cause subject to the policies as established by the Board of Directors and approved by the general membership, failure to pay dues and fees or other amounts owing to the Prince Edward Island Real Estate Association may result in action to terminate membership. I agree to be bound by the decision of the Board of Directors to my application for membership. * New Members must attend the first available scheduled New Member Orientation Session upon joining the Association. New Members must complete Online Paragon Academy training within 30 days of joining the Association.

General

The website, being www.peirea.com (the “Website”) is owned and operated by the Prince Edward Island Real Estate Association (“PEIREA”). The use of the Website is subject to the following terms and conditions of use (“Terms and Conditions”), as amended from time to time. The Terms and Conditions apply to all users of the website and by accessing, browsing and using this website you agree to be bound by and comply with the Terms and Conditions.

The PEIREA takes great care in the preparation and distribution of information to the public and PEIREA members (“you”). However, PEIREA cannot guarantee that the Website and any information on or made available directly or indirectly through this Website (“Information”) is accurate, complete, reliable, and up-to-date.

The Website and Information are provided "AS IS"; PEIREA and its employees, directors, agents and contractors make no, and disclaim all, representations, warranties, conditions, or covenants, express or implied, regarding the Website and Information.

Limitation of Liability

You agree to defend, indemnify and hold harmless PEIREA, its affiliates, representatives, officers, agents, contractors and employees against any losses, liabilities, claims, expenses (including attorney’s fees and court costs), demands, threats, actions or proceedings in any way arising from, related to or in connection with your use, inability to use, misuse or reliance upon the Website or Information regardless of the cause and whether arising in contract, tort, or otherwise.

The limitation set out herein shall apply even if PEIREA knew of or ought to have known of the possibility of such damages.

For Information Only

The Information on the Website is of a general nature, for informational purposes only, and is not to be relied upon or construed as real estate, legal, accounting or other professional advice or a substitute therefore. You should not use any Information contained on the Website as a substitute for consultation with legal or accounting professionals or other professional advisors.

You should not act or refrain from acting based upon Information obtained from the Website without first consulting appropriate professional advisors. Since all real estate transactions are unique, diligence and prudence on behalf of the parties are essential.

In the event of any discrepancy between the interpretations in this Website and the interpretation, directives, etc. of any government or regulatory bodies, the interpretation, directives, etc. of such bodies prevail.

Any content posted on the Website is subject to modification at any time without notice.

Personal Use Only

The Website and Information are owned by PEIREA, its licensors or the party accredited as the provider of specific Information, and are protected by copyright and other laws.

You are granted a personal, limited, non-transferable and non-exclusive license to access, view and use this Website and Information FOR YOUR PERSONAL USE ONLY and not for your re-use or distribution to any third party; you may have additional rights to use certain Information set out on the Website as indicated.

You are granted the right to download, store and/or print single copies of items comprising the Information for your personal use as set out above provided that you maintain all copyright and other notices contained in such Information. In particular and without limiting the generality of the foregoing, you are prohibited from providing any of the Information, in any form, by any method or in any medium, to clients, customers or any other members of the public.

Some sections of the website may be password protected. Only those persons who have been validly issued passwords by PEIREA are authorized to access the website. The user agrees to provide PEIREA with accurate, complete and updated registration information. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate termination of the user’s access to the website. Furthermore, the user warrants that he/she will not:

• Divulge, share or compromise his/her password, or use any other’s password.
• Enable or permit other persons to access the Website.
• Make unauthorized copies of any information on or displayed through the Website.
• Take any action which might reasonably be construed as injurious or detrimental to the interest of any other users of to PEIREA.
• Permit unauthorized persons access to the website.

Third Party Websites

The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by PEIREA of any thirdparty website or the content thereof.

PEIREA is not responsible for the content or any operational aspect of any thirdparty website, nor does it make any representation, warranty, condition, or covenant of any kind regarding any third-party website.

No Waiver

PEIREA’s failure or delay to enforce any of the terms or conditions under these Terms and Conditions shall not operate as a waiver of any of PEIREA’s rights of privileges under these Terms and Conditions.

Privacy Policy

The PEIREA is committed to protecting the privacy of all individuals, in particular that of its members - PEI's REALTORS® - and its students. As part of its compliance with the federal Personal Information Protection and Electronic Documents Act, PEIREA has adopted a privacy policy. This privacy policy describes PEIREA’s practices, procedures and policies concerning the collection, use and disclosure of personal information provided to it.

Governing Law

These Terms and Conditions and use of the Website shall be governed by the laws of Prince Edward Island, Canada. Any disputes, actions or proceedings relating to the Terms and Conditions, or your access to or use of the Website must be brought before the courts of the Province of Prince Edward Island and you irrevocably consent to the exclusive jurisdiction and venue of such courts.