1. Limitations of Liability

SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER ONTARIO LAW, IN NO EVENT SHALL REALTORS® ASSOCIATION OF HAMILTON-BURLINGTON (RAHB) OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR MEMBERS (A) WITH RESPECT TO USE OF THE SITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM RAHB), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECT, V, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RAHB’S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITE OR ANY OF THEIR FEATURES.  THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITE.

2. Pricing and Payment Terms (including shipping, returns, exchanges and cancellations)

The price of Realty Shoppe products for members of RAHB may be subject to change.

Prices exclude any delivery costs that may be applicable.  If available, it will be reflected on the check-out screen. Tax will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket.

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent to you a confirmation. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

Returns or exchanges will be given within 30 days of the purchase date provided the product is unused, in original packaging and with the receipt. Lockboxes will only be exchanged that are defective. Books, seasonal and clearances items are non-refundable.

3. Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including disputes, will be governed by the laws of Ontario with regard to its conflicts of law’s provisions.  You agree to the personal jurisdiction by and venue in the province of Ontario, and waive any objection to such jurisdiction or venue.  Any claim under these Terms of Use must be brought within thirty (30) days after the cause of action arises, or such claim or cause of action is barred.  Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation, no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.  In the event of any controversy of dispute between RAHB and the member out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation.  If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.