The Real Matters® Web Site (the "Site") is an online information service provided by Real Matters® Corporation ("Real Matters®"), subject to your compliance with the terms and conditions set forth below.

Please read the following information carefully before using this Site. By accessing or using this Site, you agree to be bound by these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this Site. Real Matters® reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and by continuing to use the Site after the posting of a modification, you accept the modification.

The terms and conditions herein apply to Real Matters® Corporation, its parent companies, subsidiaries, affiliates, and divisions, all of which are referred to herein as "Real Matters®". The terms and conditions herein are in addition to, and do not override, the specific terms and conditions that apply to the products or services offered by Real Matters®.

Nothing in this Site shall be construed as creating any warranty or other obligation on the part of Real Matters®. The terms and conditions applicable to any Real Matters® product or service are contained in the specific agreement(s) relating to such product or service.

Disclaimer of Warranties and Liability

Information offered on this Site is provided "as is" without any express or implied warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event will Real Matters® be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages for any use of this Site or any linked site including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, whether in an action based on contract, negligence or other tortuous action, even if Real Matters® is expressly advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you. In no event will Real Matters® warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information or any products or services featured on this Site.

Confidentiality

Comments, suggestions, ideas or materials (including without limitation original or creative materials) sent or transmitted to Real Matters® (collectively "Feedback") shall be deemed to be non-confidential and shall become the sole property of Real Matters®. Subject to the conditions described on the privacy page of this Site, Real Matters® shall have no obligation of any kind with respect to such Feedback and shall be free to use, copy, modify and/or distribute the Feedback to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Feedback.

Trademark Rights

Real Matters®, the Real Matters® Logo and the Real Matters® product and service names referenced in this Site ("Real Matters® Marks") are trademarks and service marks or registered trademarks and service marks of Real Matters®. Your use of the Real Matters® Marks is governed by the Real Matters® Third-Party Trademark and Logo Usage Requirements. Other products and company names mentioned on the Site may be the trademarks of their respective owners.

Copyright Information

Copyright Notice: © 2010 Real Matters® Corporation. All Rights Reserved. Please refer to the Real Matters® Copyright Usage Requirements for additional information concerning copyrights.

Linking Policy

You are granted a limited, non-exclusive right to create a hypertext link to this Site provided that such link (i) does not portray Real Matters® and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner; and (ii) does not imply any sponsorship, approval, endorsement or affiliation of your web site or products by Real Matters®. This limited linking right may be revoked at any time. You may not modify or alter the appearance or content of the home page or Site, or use framing techniques to enclose any Real Matters® trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without Real Matters®'s express written consent. To obtain consent, please email your request to inquiries@realmatters.com or send regular mail to Internet Manager; Real Matters®; 50 Minthorn Boulevard, Suite 301; Markham, ON L3T 7X8; CANADA. You are granted only a limited license and nothing herein shall grant to you any rights in or to (i) any Real Matters® Marks; (ii) the content of the Site; nor (iii) any other intellectual property or proprietary rights of Real Matters®.

Real Matters® makes no representations, warranties or endorsements with respect to any non-Real Matters® web site which may be accessed from this Site. When you access a non-Real Matters® web site, please understand that Real Matters® has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items.

Special Admonition for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Jurisdictional Issues

This Site is controlled and operated by Real Matters® through its corporate headquarters within the Province of Ontario and this Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, as it is applied to agreements entered into and to be performed entirely within such Province. You agree that any legal action or proceeding between Real Matters® and you for any purpose concerning this Site or the parties' obligations hereunder shall be brought exclusively in the Province of Ontario.

Indemnification

You agree to indemnify, defend and hold harmless Real Matters®, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.

Miscellaneous

This Site is for informational purposes only and is not intended to provide any financial, legal, or investment advice.

No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions hereof. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these Terms of Use to be invalid or unenforceable, such findings shall have no effect on any other part or provision of these Terms of Use.

Any action against Real Matters® must be brought within six (6) months after the cause of action arises. Real Matters® is not responsible for delay or failure to perform due to causes beyond its reasonable control.

Any rights not expressly granted herein are reserved.

Trademark Requirements

Real Matters® Third-Party Trademark and Logo Usage Requirements

These Trademark and Logo Usage Requirements ("Usage Requirements") set forth Real Matters® Corporation's rules for third parties using or referring to Real Matters®'s brand names, trademarks, service marks, product and service names, logos, and slogans (collectively referred to as "Real Matters® Marks"). They apply to all non-Real Matters® parties using or making reference to Real Matters® Marks unless a separate license agreement applies. Other requirements apply to Real Matters® licensees and are set forth in a specific license agreement.

General

Real Matters®'s Marks are Real Matters® intellectual property and are important and valuable assets of the company. Any use of Real Matters® Marks that is inconsistent with these Usage Requirements, or other unauthorized use of Real Matters® Marks or marks that are confusingly similar to Real Matters® Marks, may violate Real Matters®'s legal rights. Real Matters® appreciates your compliance with these Usage Requirements and will take steps to protect the Real Matters® Marks against improper use and infringement. Real Matters® reserves the right to object to any use of Real Matters® Marks (or anything confusingly similar to a Real Matters® Mark) that Real Matters® deems to be unlawful under the circumstances, even if that use is not expressly prohibited by these Usage Requirements.

Fair Use of Real Matters® Marks

You may refer to Real Matters® products and services by their appropriate Real Matters® Mark (other than logos and stylized marks), so long as such references (a) are truthful, fair, and not misleading, and (b) comply with these Usage Requirements.

Real Matters® Logos and Stylized Marks

You should never use Real Matters® logos or stylizations of Real Matters® Marks unless you have a license agreement or other explicit written permission from Real Matters® to do so.

Proper Use of Trademark Symbols

Always use the proper trademark symbol (TM, sm, or ®) immediately following at least the first reference to the trademark on any page.

The exception to the above rule is when the "Real Matters®" name is used as our company name, as opposed to an identifier of one of our products or services. In this case you should not use the ® symbol.

Note the correct spelling of "Real Matters®".

Examples of Correct Uses of Some Real Matters® Marks

The following examples illustrate the correct use of (TM), (sm), or ® and the use of the trademark as an adjective with the correct generic noun or phrase:

  • Real Matters® products and services

Check the list of Real Matters® trademarks below to verify how the Real Matters® Marks should appear.

Acknowledgment of Trademark Rights

Assuming your use of a Real Matters® trademark is permitted, you should always acknowledge that Real Matters® Corporation owns the trademark. If it is not clear from the context of the use of the Real Matters® Mark, you should include a separate acknowledgment. The acknowledgment should appear in legible type in any materials in which a Real Matters® Mark appears. The following language is acceptable:

"Real Matters® and [Insert Real Matters® Marks used] are trademarks and/or registered trademarks of Real Matters® Corporation."

Materials that mention Real Matters® only:

"Real Matters® is a registered trademark of Real Matters® Corporation."

Remember that the inclusion of a trademark symbol and acknowledgment does not turn an improper use of a Real Matters® Mark into a proper use or entitle you to use any Real Matters® Mark in a way prohibited by law or otherwise not allowed under these Usage Requirements.

Prohibitions

  • Do not use any Real Matters® Mark, and do not adopt a "look and feel" with respect to any publication or Web site, in a way that might cause confusion about the relationship between Real Matters® and any other party or any non-Real Matters® product or service (e.g., as to source, origin, sponsorship, or endorsement).
  • Do not incorporate any Real Matters® Mark into your own product names, service names, trademarks, logos, or company names, and do not adopt marks or logos that are confusingly similar to any Real Matters® Marks.
  • Do not use or reproduce any Real Matters® logos unless you have explicit written permission to do so.
  • Do not use any Real Matters® Marks as a meta tag for your web pages.
  • Do not use any Real Matters® Mark or any confusingly similar words as your domain names or as parts of your domain names.
  • Do not use any Real Matters® Mark or any confusingly similar words as the alphabetic equivalent of a phone number.
  • Do not use Real Matters® Marks as Internet search "keywords" or in any other way that is intended to or has the effect of directing traffic to a non-Real Matters® Web site.
  • Do not state or imply that you have or are claiming rights in any Real Matters® Mark. Do not use Real Matters® Marks in any improper way that would disparage Real Matters® Corporation, its subsidiaries, its products, or its services (i.e., unfair competition, false or misleading, etc.).

Questions

Any questions regarding these Usage Requirements should be directed to inquiries@realmatters.com.

Version and Right to Make Changes

These Trademark and Logo Usage Requirements were originally posted on July 28, 2010. Real Matters® reserves the right to change these Usage Requirements at any time by posting a revised version on this Web site.

Real Matters® Trademarks in the United States and/or Other Countries

Real Matters® (words and logo)

Make an incredibly smart decision® (tagline)

Questions about Real Matters® trademarks and their usage may be referred to inquiries@realmatters.com.

Copyright Requirements

Real Matters® Copyright Usage Requirements

The following requirements apply to all content contained on the Web site having the primary URL of www.REALMATTERS.com (referred to below as the "Real Matters® Site"):

Everything that appears on the Real Matters® Web Site, including articles, graphics, photographs, and other information, individually and as a collective whole (all of which is referred to as the "Content"), as well as the "look and feel" of the Real Matters® Web Site, is protected under the copyright laws of Canada and the United States and applicable international copyright laws and treaties. No display, copying, modification, publication, performance, reverse engineering, or redistribution of the Content by any method is permitted except as provided in these Usage Requirements.

The copyrights in the Content are owned by Real Matters® Corporation ("Real Matters®") or by third parties who have licensed their materials to Real Matters®. These third-party materials are also copyrighted, and no copying or redistribution is permitted without the express written permission of Real Matters® and the third party.

The following applies to all Real Matters® materials on the Real Matters® Web Site:

Limited License to Copyrighted Real Matters® Materials

Individual Use:

Except for Content identified as being licensed from a third party, you may download, store, print, and copy selected portions of the Content for your own personal, noncommercial use, provided that:

  • You do not modify or alter the Content in any way.
  • You do not delete or modify any copyright or trademark notices.
  • You do not publish or post any part of the Content on any other Internet site.
  • You do not display, publish, or broadcast any part of the Content in or on any other media.
  • You do not sell or charge others for the use of any materials you print or download.

Fair Use and Use for Educational Purposes:

Real Matters® does allow "fair use" of limited portions of the Real Matters® Content for quotations, references, research, etc., as allowed by applicable law.

Any use described in the foregoing paragraph must be complete, accurate, and not misleading, and must not delete or modify any copyright or trademark notices. Any publication or display of Content must clearly disclose that the Content is the copyrighted property of Real Matters® and that additional information can be found at www.Real Matters.com.

An example of an appropriate disclosure notice is:

"This information is provided by Real Matters® Corporation, and is used with permission. Copyright © Real Matters® Corporation. All rights reserved. Further use, reproduction, or distribution is governed by the Real Matters® Copyright Usage Requirements, which can be found at www.REALMATTERS.com."

Journalists

For more information on Real Matters®, including media contact information, please refer to the "News" section of www.REALMATTERS.com. Commercial Use:

In general, use of Content for commercial purposes is prohibited. For example, without Real Matters®'s express written permission, you may not:

Use any Content for commercial purposes to sell, market, or promote any product or service that competes, directly or indirectly, with any product or service offered by Real Matters® through the Real Matters® Web Site or otherwise;

Use or refer to any Content in any way that expresses or implies any sponsorship or endorsement by Real Matters® or is otherwise likely to mislead consumers into thinking that any third-party Web sites, materials, products, or services are provided, created, sponsored, or endorsed by or affiliated with Real Matters®.

Affiliates

Affiliate Partners of Real Matters® may obtain consent to use portions of our Content. Please see Reprint or Reuse Permission below for instructions.

Limitations and Termination

Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, create derivative works from, update, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from Real Matters®. Any rights not expressly granted herein are reserved. No license is granted to any HTML or other code incorporated into the Real Matters® Web Site.

Any license granted hereunder does not allow you to misstate or mischaracterize the Content or any position taken by Real Matters®, including reproducing portions of the Content out of context in a way that is likely to be misleading to any person.

Any license granted under these Usage Requirements will terminate automatically if you breach any of these Usage Requirements.

Reprint or Reuse Permission

If you would like to use materials published on the Real Matters® Web Site in ways not authorized by this limited license, you must first obtain written permission from Real Matters®. Contact us at inquiries@realmatters.com or write to us at:

Internet Manager
REALMATTERS.com
Real Matters®
50 Minthorn Boulevard, Suite 301
Markham, ON L3T 7X8

Please describe the specific content and your proposed use in reasonable detail.

Version and Right to Make Changes

These Copyright Usage Requirements were posted on July 28, 2010. Real Matters® reserves the right to change these Usage Requirements at any time by posting a revised version on the Real Matters® Web Site.

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