Sold By Service Terms of Service
By using soldbyservice.com websites ("Service") and all services of Sold By Service, you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Sold By Service reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.soldbyservice.com/terms
Violation of any of the terms below will result in the termination of your Account. While Sold By Service prohibits such conduct and Content on the Service, you understand and agree that Sold By Service cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- To enable MLS® related functionality, you must hold a valid real estate license, provide a valid AgentID and have consent, as applicable, to enter into this agreement from your local real estate board, broker or any other authority as required
- You take on full responsibility to follow all applicable MLS® rules, regulations, guidelines and local laws.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your full name, a valid email address and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Sold By Service cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and spam laws).
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts.
- Your trial period begins from the day you sign up for an account. During this time your credit card will not be charged and you can cancel anytime from your account setting http://www.soldbyservice.com/account. You will receive a reminder email 5 days prior to Sold By Service charging your account for the first payment. You can contact our support for full first month refund if you want to cancel your acount within the first month of paid subscription. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds after the first month of paid subscription.
- The Service is billed in advance on a monthly basis and is non-refundable after the first month of paid subscription. All credit card details are transferred over the SSL secure connection on https://soldbyservice.azurewebsites.net/Account
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- For any upgrade or downgrade in plan level, the credit card provided will automatically be charged with the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Sold By Service does not accept any liability for such loss.
- If the credit card on your account is unable to be processed, or if your account is delinquent, we will make a second attempt to charge your credit card 7 days after failed attempt if the second attempt failed then we will notify you and provide a 2 week grace period for you to re-enter your payment details. If payment is not received within 2 weeks; your service may be locked, unavailable or disabled until payment on your account is set up. Sold By Service does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. You can cancel your account at any time from your account setting http://www.soldbyservice.com/account. The Account screen provides a simple no questions asked cancellation link to remove your credit card from the system.
- All of your content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Sold By Service, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Sold By Service service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Sold By Service reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Sold By Service reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Sold By Service Site (soldbyservice.com) or the Service itself along with an email.
- Sold By Service shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All content posted on the Service is must comply with Canadian copyright law.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.
- Sold By Service does not pre-screen content, but Sold By Service and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service.
- The look and feel of the Service is copyright Sold By Servie. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Sold By Service.
- The web design, content, computer programs, backend code, included libraries, technical processes are owned by Sold By Service and their respective owners. You do not own any part of the website, web design, programming or content in any way, except for the content that you developed and added to your account.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. We disclaim all terms, conditions, guarantees, representations and warranties (express, implied, statutory and otherwise), in respect of the service, including those of merchantability, non-infringement, title, quality and fitness for a particular purpose.
- You understand that Sold By Service uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Sold By Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Sold By Service.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Sold By Service customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Sold By Service) of other Sold By Service customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. We will contact you in advanced if we notice any unusually high bandwidth on your account.
- Sold By Service does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Sold By Service shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sold By Service has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- If, despite the above limitations, we become liable to you in respect of the service, that liability will be limited to the fees you paid to us for your use of the service in the 3 months prior to the event giving rise to the liability.
- The failure of Sold By Service to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Sold By Service and govern your use of the Service, superceding any prior agreements between you and Sold By Service (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support team.