Terms & Conditions

Effective date: July 19, 2026

These Website Terms and Conditions ("Terms") govern your access to and use of RCEllens.com, including its pages, content, forms, features, and functionality (collectively, the "Website").

The Website is operated by Ronald C. Ellens Appraisals Inc., carrying on business as R.C. Ellens Appraisals ("R.C. Ellens," "we," "us," or "our").

By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website.

1. Website Information Only

The Website provides general information about R.C. Ellens and its real estate appraisal and related professional services. Website content is provided for general informational purposes only. It is not:

• a real estate appraisal;
• an appraisal report;
• an opinion of value;
• professional valuation advice;
• legal, financial, accounting, tax, investment, mortgage, or real estate advice;
• a recommendation to buy, sell, finance, insure, renovate, or otherwise deal with a property; or
• a substitute for advice based on your specific circumstances.

No person should make a financial, legal, lending, purchasing, selling, tax, insurance, or investment decision based solely on information found on the Website.

2. No Appraiser-Client Relationship

Accessing the Website, sending an email, completing a form, or speaking with us does not by itself create an appraiser-client relationship, professional duty, fiduciary relationship, or appraisal engagement.

An appraisal engagement begins only when we expressly accept the engagement and any required engagement agreement, scope of work, fee arrangement, intended use, intended users, property information, and other terms have been confirmed.

We may decline any inquiry or proposed engagement at our discretion, subject to applicable law and professional obligations.

3. Appraisal Engagements

Any appraisal services we agree to provide will be governed by a separate written agreement or engagement terms. In the event of a conflict between these Website Terms and a signed appraisal engagement agreement, the appraisal engagement agreement will govern the appraisal services to the extent of the conflict.

An appraisal report may be relied upon only:

• by its identified client and intended users;
• for the intended use stated in the report;
• as of the effective date stated in the report;
• subject to the stated scope of work, assumptions, limiting conditions, qualifications, and certifications; and
• in accordance with the applicable engagement agreement and professional standards.

No other person may rely on an appraisal report without our prior written authorization.

4. No Online or Preliminary Valuation

Any information exchanged through the Website, email, telephone, or an initial consultation is preliminary and does not constitute an opinion of value. We do not provide a binding property valuation merely because you submit an address, property description, photograph, document, or other information through the Website.

A reliable appraisal may require property-specific research, verification, inspection, analysis, market data, assumptions, and professional judgment.

5. Accuracy and Availability

We make reasonable efforts to keep the Website useful and current, but we do not guarantee that:

• its content is complete, accurate, current, or error-free;
• every service described is available in every location;
• the Website will operate continuously or without interruption;
• errors or defects will be corrected immediately;
• the Website will be free of malware or other harmful components; or
• information transmitted through the Website will be completely secure.

Real estate markets, laws, regulations, professional standards, financing conditions, and property information can change. Website content may become outdated without notice.

6. Estimates and Fees

Any fee, turnaround time, service description, or estimate shown on the Website is general information unless expressly stated otherwise.

Final fees and timing may depend on factors such as:

• property type and location;
• complexity;
• intended use and intended users;
• required scope of work;
• availability of reliable data;
• inspection requirements;
• urgency;
• travel;
• reporting format; and
• additional services or revisions requested.

A binding fee or delivery commitment exists only when expressly confirmed by us.

7. Your Responsibilities

When using the Website or contacting us, you agree to provide information that is accurate, current, and not misleading.

You must not:

• use the Website for an unlawful or fraudulent purpose;
• impersonate another person;
• submit information without authority to do so;
• interfere with the Website's security or operation;
• attempt to gain unauthorized access to a system or account;
• introduce malware, automated scraping tools, or harmful code;
• overload or disrupt the Website;
• copy or commercially exploit Website content without authorization; or
• use information obtained from the Website to harass, discriminate against, or harm another person.

You are responsible for ensuring that you have authority to provide any property, ownership, tenant, borrower, client, or third-party information you submit.

8. Intellectual Property

Unless otherwise stated, the Website and its content, including text, branding, graphics, photographs, designs, layouts, reports, templates, and downloadable materials, are owned by or licensed to R.C. Ellens and are protected by applicable intellectual-property laws.

You may view and print reasonable portions of the Website for your personal, non-commercial use.

You may not reproduce, republish, modify, distribute, sell, license, scrape, frame, create derivative works from, or commercially exploit Website content without prior written permission.

The names, logos, and branding displayed on the Website may be trademarks or trade names of R.C. Ellens or their respective owners. No licence to use them is granted except as expressly stated.

9. Third-Party Content and Links

The Website may link to or incorporate third-party websites, mapping services, directories, software, social-media platforms, or other resources. Links are provided for convenience and do not necessarily constitute an endorsement.

We do not control and are not responsible for third-party:

• information or opinions;
• availability;
• products or services;
• privacy practices;
• security;
• accuracy; or
• terms and conditions.

Your use of a third-party service is governed by that provider's terms and policies.

10. Privacy

Our collection, use, disclosure, and protection of personal information through the Website are described in our Privacy Policy. The Privacy Policy forms part of these Terms and should be reviewed before submitting personal information.

11. Electronic Communications

When you contact us electronically, you consent to receiving electronic communications necessary to respond to your inquiry, administer a requested service, or manage an engagement.

Marketing communications will be sent only where permitted by applicable law. Where required, they will identify the sender and provide an unsubscribe mechanism.

Electronic communications may not always be secure or error-free. Do not send confidential or highly sensitive information by ordinary email or an unrestricted website form unless we have asked you to use that method.

12. Disclaimers

To the fullest extent permitted by law, the Website and its content are provided on an "as is" and "as available" basis without representations, warranties, or conditions of any kind, whether express, implied, statutory, or collateral.

We disclaim, to the fullest extent permitted by law, implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and security.

Nothing in these Terms excludes a warranty, condition, right, or remedy that cannot legally be excluded.

13. Limitation of Liability

To the fullest extent permitted by law, R.C. Ellens and its owners, employees, contractors, agents, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive loss arising from or connected with:

• your access to or use of the Website;
• your inability to access the Website;
• reliance on Website content;
• errors, omissions, interruptions, or delays;
• third-party websites or services;
• unauthorized access to or alteration of communications; or
• malware, technical failures, or loss of data.

This includes, without limitation, loss of profits, revenue, opportunity, data, use, goodwill, financing, or anticipated savings.

Where liability cannot lawfully be excluded, our liability relating solely to your use of the Website will be limited to the greater of:

1. the amount you paid specifically to access the Website during the preceding twelve months; and
2. one hundred Canadian dollars.

This limitation does not replace or modify any separate limitation of liability contained in an appraisal engagement agreement.

Nothing in these Terms is intended to limit liability for fraud, wilful misconduct, or any liability that cannot be limited under applicable law.

14. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless R.C. Ellens and its owners, employees, contractors, and agents from claims, losses, liabilities, costs, and reasonable legal expenses arising from:

• your unlawful use of the Website;
• information you submit without authority;
• your infringement of another person's rights; or
• your material breach of these Terms.

This section does not apply to the extent a claim was caused by our own negligence, misconduct, or breach of law.

15. Suspension or Termination

We may restrict, suspend, or terminate access to all or part of the Website where we reasonably believe that:

• these Terms have been violated;
• the Website is being misused;
• access creates a security or legal risk; or
• suspension is necessary for maintenance or business reasons.

Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, disclaimers, liability, indemnification, and governing law.

16. Governing Law

These Terms and your use of the Website are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles.

Subject to any mandatory consumer rights or other laws that require a different forum, the courts located in Ontario will have jurisdiction over disputes relating to the Website or these Terms.

17. Consumer Rights

Nothing in these Terms is intended to waive or limit rights or remedies that cannot legally be waived under applicable consumer-protection legislation.

A separate appraisal engagement may constitute a consumer agreement in some circumstances and may be subject to additional disclosure, contract, cancellation, or delivery requirements. Those requirements should be addressed in the applicable engagement documents rather than solely through these Website Terms.

18. Changes to the Website or Terms

We may modify the Website or these Terms periodically. The revised Terms will be posted on the Website with an updated effective date. Changes apply from the date they are posted unless otherwise stated or required by law.

Your continued use of the Website after updated Terms are posted constitutes acceptance of the updated Terms, subject to any consent that may be separately required by law.

19. Severability

If a provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be limited or severed to the minimum extent necessary. The remaining provisions will continue in effect.

20. No Waiver

A failure or delay in enforcing a provision of these Terms does not waive our right to enforce it later.

21. Entire Agreement

These Terms and the Privacy Policy constitute the agreement between you and us concerning your general use of the Website. They do not replace an appraisal engagement agreement or another written agreement governing paid professional services.

22. Contact

Questions about these Terms may be directed to:

R.C. Ellens
Email: benellens@rcellens.ca
Phone: 905-704-0909
Mailing address: 33 Maywood Avenue, St. Catharines, ON L2R 1C5