TO: CHATHAM-KENT ASSOCIATION OF REALTORS®
AND TO: CORELOGIC (“CORELOGIC”)
For valuable consideration, the undersigned (hereinafter the “User”), being a member or affiliate of the Board, and wishing to obtain rights (“Data Access Rights”) to electronically access data and information (including in connection with real estate property listings in the Board’s district) (“Data”) contained in the database management system maintained for the Board by CORELOGIC (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 CORELOGIC. The contents of any data bases accessed by the User through the System are the property of the Board or any third party supplier.
2. The Board 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 shall not:
(a) permit any person, other than the User’s employees or agents, who are accessing the data bases on the User’s behalf, use of the User ID;
(b) use the User ID of any other User;
(c) attempt to access, modify, or reverse engineer the computer programs which are part of the System;
(d) attempt, examine, or challenge the security arrangements or reveal details of any security mechanism included in the hardware or the System; or
(e) take any action, which in the opinion of the Board 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 Board. 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:
(a) transfer, exchange, transmission, gifting, passing, releasing, publishing, sharing or sale of information products; Revised July 27, 2021 Chatham-Kent Association of REALTORS® 425 McNaughton Ave. W., Chatham, Ont. N7L 4K4 PH: 519-352-4351 Email: email@example.com
(b) marketing or reselling of the services acquired; and
(c) 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 BOARD AND CORELOGIC (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 Board relative to use of the System provision of remote electronic access to the Data.
7. The User shall pay to the Board all applicable fees and charges for use of the System.
8. The User will indemnify and save harmless the Board, CORELOGIC, 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:
(a) any default, act or omission of the User, or the User’s employees or agents relating to the provisions of this agreement;
(b) the use of the User ID provided to the User; and
(c) any alteration or destruction of Data or computer programs.
9. The Board will suspend the User’s access and may suspend the User’s membership in the Board at any time if the User does not comply with the provisions of this agreement or if the Board 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 Board 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 Board’s right to provide remote electronic access ceases or terminates.
11. Any manuals or documentation provided to the User for use of the System are the copyrighted materials of CORELOGIC and the User may not make duplicate copies. Any further copies may be purchased from the Board.
12. The User shall be required to furnish to the Board such reports as the Board may reasonably require from time to time in relation to the User’s activities in using the System.
13. CORELOGIC is a beneficiary of the Board, and the rights expressed in this agreement as being in favour of CORELOGIC are held by the Board in trust, and the undersigned acknowledges and agrees that CORELOGIC shall be entitled to enforce the provisions of this agreement stated to be in its favour.
14. CORELOGIC Interboard Access shall be granted to an individual User only and must be used in conjunction with accepted business practices of all participating boards. The grant of reciprocal data access means that boards could request that a User who is not using the system in a permitted manner would have this service turned off and would not have CORELOGIC Interboard Access to any other CORELOGIC board until conditions outlined by all parties are met. “CORELOGIC Interboard Access” means the system functionality which provides a permission based electronic connection between CORELOGIC boards which is for Users and the Board staff only to facilitate the sharing of information.
15. This Data Access Agreement is governed by the laws of the Province of Ontario. The User hereby submits to the exclusive jurisdiction of the courts of the Province of Ontario.