Terms and Conditions of Use

1. Acceptance and notice

By accessing, reading, downloading, sharing or otherwise using any content published by Jacob S. Kerzner (the “Author”) on LinkedIn or any linked newsletter, article, document, presentation or message (the “Content”), you agree to these Terms. If you do not agree, do not use the Content. These Terms are brought to your attention by a conspicuous disclaimer on the profile and on each post that links here, are available for review before you continue, and continued use constitutes acceptance.

These Terms apply in addition to, and not in place of, the LinkedIn User Agreement between you and LinkedIn. Nothing here purports to alter your rights against LinkedIn or any platform.

2. Who publishes the Content

The Author is registered with the Real Estate Council of Ontario (“RECO”) as a Salesperson employed by Right At Home Realty Inc., Brokerage (the “Brokerage”), registered under the Trust in Real Estate Services Act, 2002 (“TRESA”). All trading in real estate by the Author is conducted through and in the name of the Brokerage.

The Author is separately President of The Private Investors Group (1988749 Ontario Limited) (“PIG”). PIG is a private membership and networking organization. PIG is not registered as a real estate brokerage, a mortgage brokerage or administrator, a securities dealer, adviser or investment fund manager, and does not trade in real estate, arrange or administer mortgages, or advise on securities.

Statements in the Content are made by the Author in a personal capacity. They are not made on behalf of, and have not been reviewed, approved, adopted or endorsed by, the Brokerage, PIG, any real estate board or association, or any regulator.

3. Nature and purpose of the Content

The Content is opinion, general market commentary and educational information, prepared for a general professional audience. Without limiting section 4, the Content is not:

• real estate advice, an opinion of value, an appraisal, a comparative market analysis, or advice on price, offer strategy or terms;
• investment, securities, financing, mortgage, insurance, legal, tax, accounting or actuarial advice;
• a recommendation, endorsement, rating, due diligence report or suitability assessment for any person, portfolio or transaction;
• an offer, solicitation or invitation to buy, sell, lease, subscribe for or otherwise deal in any property, security, limited partnership or joint-venture interest, syndicated or other mortgage, note, or other investment, in any jurisdiction.

No securities are offered or distributed through the Content. Any offering of a security would be made only under separate written documentation, and only pursuant to a prospectus or an available prospectus exemption under applicable securities laws, following independent legal and tax advice and appropriate suitability and eligibility verification.

4. No relationship, no reliance, no duty of care

No relationship is created. Accessing, reading, following, connecting with, liking, commenting on, sharing or messaging the Author or the Content does not create a client, agency, representation, customer, advisory, fiduciary, partnership, joint-venture, employment or confidential relationship. Under TRESA, a client or representation relationship with the Brokerage arises only under a signed written representation agreement, and a customer relationship only under a written customer service agreement.

No reliance is invited. The Content is general, is not prepared with regard to the objectives, financial situation, tax position, jurisdiction or particular needs of any reader, and is not to be relied upon. The Author does not assume responsibility toward any reader, undertakes no duty of care in respect of any reader’s use of the Content, and accepts no responsibility for any decision made or not made in reliance on it. Obtain independent professional advice from an appropriately licensed lawyer, accountant, tax adviser, appraiser, mortgage professional or registered dealer or adviser before acting.

No warranty. The Content is provided “as is” and “as available”, without representation, warranty or condition of any kind, express, implied or statutory, including as to accuracy, completeness, currency, non-infringement, merchantability or fitness for a particular purpose.

No confidentiality. Do not send confidential, privileged, price-sensitive or personal information through LinkedIn messages, comments or connection requests. Unsolicited information is not treated as confidential, is not subject to any duty of confidence or privilege, and may be deleted without review.

No interference intended. If you are a client or customer of another brokerage under a written agreement, nothing in the Content is intended as a solicitation to breach or terminate that agreement.

5. Data, figures, graphics and forward-looking statements

Transaction details, prices, capitalization rates, volumes, rents, absorption, market share and “capital flow” figures are compiled from public filings, media reports, third-party market publications and other sources that have not been independently verified. No representation is made as to their accuracy, completeness or timeliness.

Only publicly reported transactions and publicly available information are referenced. No confidential, client, brokerage-file or listing-system information is disclosed, and no transaction party, property or agreement term is identified where consent is required and has not been obtained.

Amounts described as approximate are rounded. Currency conversions are indicative only, at implied rates stated in the relevant post as at its date; actual rates and converted amounts differ.

Charts, ribbons, maps, tables, rankings and league-table style graphics are illustrative, selective and non-exhaustive, may omit transactions, and are not a market survey, index or complete tally. Where an official industry tally was unpublished as at the date of a post, any figures shown are the Author’s own compilation and are not attributable to that publisher.

Announced transactions may be amended, repriced, delayed, terminated or subject to unsatisfied conditions, and may not close on the terms disclosed or at all.

Statements about future prices, rates, rents, values, capital flows, timing or outcomes are forward-looking, reflect the Author’s personal views and assumptions as at the date of publication, and are subject to known and unknown risks. Actual results will differ, possibly materially. Nothing is a projection, guarantee or promise of any return, yield, appreciation, rent, financing outcome or sale price. Past transactions and past performance do not indicate future results.

The Content speaks only as at its date of publication. The Author has no obligation, and does not undertake, to update, revise, correct or withdraw any statement, including where new information becomes available. Undated Content should not be assumed current.

6. Interests, compensation and conflicts

The Author, the Brokerage, PIG and their respective principals, affiliates and family members may hold, acquire, dispose of or seek interests in properties, assets, entities or securities referred to in the Content, may co-invest alongside clients or members, and may receive commissions, referral fees, finder’s fees, management fees, carried interest or other compensation in connection with transactions referred to. The Content is not, and does not substitute for, transaction-specific disclosure: conflicts of interest, multiple representation, direct or indirect interests in a trade, and remuneration are disclosed in writing to the parties to that transaction as and when required by TRESA and its regulations.

7. Intellectual property and permitted use

The Content, including text, charts, graphics and compilations, is owned by the Author or used with permission and is protected by copyright. You may read, share on-platform and quote briefly with attribution. You may not, without the Author’s prior written consent: reproduce, republish or distribute the Content in substantial part; use it in any commercial product, database, model or marketing material; remove or obscure identification or disclaimer text; scrape, harvest or use automated means to extract it; or use it to train machine-learning systems.

Third-party names, logos and marks appearing in the Content — including brokerages, publishers, lenders, funds and developers — are used for identification, reporting and commentary only, and imply no affiliation, sponsorship, review, approval, endorsement or joint venture. REALTOR®, REALTORS® and MLS® are trademarks owned or controlled by The Canadian Real Estate Association and used under licence where applicable. Linked or referenced third-party content is not adopted, verified or endorsed, and the Author is not responsible for it.

8. Privacy and electronic messages

Personal information provided to the Author is collected, used and disclosed in accordance with the Personal Information Protection and Electronic Documents Act and, where the Brokerage is involved, the Brokerage’s privacy policy — for identified purposes, with consent, limited to what is necessary, and retained only as long as required. Requests for access to or correction of your personal information, or to withdraw consent, may be directed to the contact below.

Commercial electronic messages sent by the Author comply with Canada’s anti-spam legislation: they are sent only with express or implied consent, identify the sender and provide contact information, and include a working unsubscribe mechanism, with opt-out requests honoured within the prescribed period. A connection request, follow or comment is not, by itself, consent to receive commercial electronic messages. To opt out of any commercial messages, reply “unsubscribe” or use the contact details below.

9. Limitation of liability

To the fullest extent permitted by applicable law, the Author, the Brokerage, PIG and their respective officers, directors, shareholders, agents, brokers, salespersons, employees, contractors and affiliates (the “Released Parties”) shall have no liability to you or any other person for any loss or damage — whether direct, indirect, incidental, special, consequential, punitive, economic, or for lost profits, lost revenue, lost opportunity or diminution in value — arising out of or in connection with the Content, its use, or any reliance on it, whether the claim arises in contract, tort (including negligence and negligent misrepresentation), equity, statute, restitution or otherwise, and whether or not the Released Parties were advised of the possibility of such loss.

If, despite the foregoing, any Released Party is found liable, the aggregate liability of all Released Parties for all claims relating to the Content is limited to CAD $100.

Limits on these exclusions. Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation or wilful misconduct, or any liability, right or remedy that cannot lawfully be excluded or limited, including under TRESA and its regulations, the Consumer Protection Act, 2002, or applicable securities legislation. Nothing in these Terms limits, waives or affects the regulatory obligations of the Author or the Brokerage to any client, customer or party to a trade, or RECO’s jurisdiction.

10. Indemnity

You agree to indemnify and hold harmless the Released Parties from any claim, loss, liability or expense (including reasonable legal fees) arising from your breach of these Terms, your unauthorized use or republication of the Content, or your representation to any third party that the Content constitutes advice, an offer, a solicitation or a valuation.

11. Jurisdiction, governing law and general

The Content is directed to persons in Ontario, Canada. It is not directed to, and may not be relied on by, any person in any jurisdiction where its publication, distribution or use would be unlawful or would subject the Author, the Brokerage or PIG to any registration, licensing, filing or authorization requirement. Any real estate, brokerage, mortgage or securities activity outside Ontario is conducted only by, or in cooperation with, professionals licensed in the relevant jurisdiction.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The courts of Ontario have exclusive jurisdiction over any dispute arising out of the Content or these Terms, and you attend to that jurisdiction, subject to any mandatory law applicable to you as a consumer.

If any provision of these Terms is held invalid or unenforceable, it is read down to the minimum extent necessary or severed, and the remaining provisions continue in full force. No failure to enforce any provision is a waiver of it. Headings are for convenience only. These Terms, together with the disclaimer displayed with the Content, are the entire terms on which the Content is made available.

The Author may amend these Terms at any time by posting an updated version. The version posted at the time you access the Content governs your use of it. Material changes will be reflected in the version number and date above.

12. Contact

Jacob S. Kerzner, Salesperson
RIGHT AT HOME REALTY INC., Brokerage
Don Mills Branch
1396 Don Mills Rd. Unit B-121 Toronto, On M3B0A7 CANADA
Work: 1-800-501-0050
Real Estate Brokerage Phone: 1-416-391-3232
Real Estate Brokerage Fax: 1-416-391-0319
Web: www.JacobsKerzner.com

Regulatory complaints concerning real estate services may be directed to the Real Estate Council of Ontario.