1. Your Acceptance of eSolds Inc. Terms & Conditions
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the eSolds Inc. domain name, the "eSolds Inc. Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF eSolds Inc.'s guildlines, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the eSolds Inc. Website. eSolds Inc. is a registered division of Sterling Wong Business Consultants Inc. and any reference in this "Terms of Service Agreement" to eSolds Inc. shall be considered one in the same with Sterling Wong Business Consultants Inc. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
eSolds Inc. does not hold any legal responsibility if a home inspector or real estate agent or owner of the subject property fails to maintain their due diligence and provides incorrect information. eSolds Inc. only verifies that the home inspector is qualified and that the business is registered to operate in Canada and is fully bonded, the real estate agent is licensed and insured under the Real Estate Council of Ontario (RECO) and that the Sellers Property Information Statement (SPIS) is in fact signed and completed by the actual home owner.
The Information eSolds Inc. Collects
User Provided Information: You provide certain personally identifiable information (such as your name and email address) to eSolds Inc. when choosing to participate in various activities on the eSolds Inc. Sites such as uploading images/graphics/pictures, uploading videos; Including all forms that you participate in such as "Buy a House", "Sell a House” and/or any other forms submitted through eSolds Inc. becomes collected by eSolds Inc. and is not sold to any other 3rd party agency/company in any form.
The Way eSolds Inc. Uses Information
If you submit personally identifiable information to us through the eSolds Inc. Sites, then we use your personal information to operate, maintain, and provide to you the features and functionality of the eSolds Inc. Site.
All information regarding property listings/rentals the details /specs may not be 100% accurate and eSolds Inc. does not hold any responsibility in any matter in the accuracy of these details/specs.
Any personal information, images or video content that you voluntarily disclose online (on discussion boards, in messages, testimonials, information within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name and email is displayed to other Users when you upload videos or send messages through the eSolds Inc. Site and other Users can contact you through messages and comments. Any images that you submit to the eSolds Inc. Site may NOT be redistributed through the internet and other media channels. By agreeing to these terms you also agree that all images you submit belong to you and not to any other website or media channels. Using other website content/images are strictly prohibited and eSolds Inc. releases all liability in case of litigation against the user.
We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major eSolds Inc. Site changes or for customer service purposes and newsletters).
We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the eSolds Inc. site and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
When eSolds Inc. Discloses Information
We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the eSolds Inc. site.
eSolds Inc. Privacy Information
You may, of course, decline to submit personally identifiable information through the eSolds Inc. site, in which case eSolds Inc. may not be able to provide certain services to you. You may update or correct your personal profile information and email preferences at any time by visiting your profile page.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact eSolds Inc. with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices 1-977-979-4979
Third-party Advertisers, Links to Other Sites
eSolds Inc. allows other companies, called third-party ad servers or ad networks, to serve advertisements within the eSolds Inc. site. eSolds Inc. does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks eSolds Inc. to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the eSolds Inc. site, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
2. eSolds Inc. Website
eSolds Inc. Inc. is an information network firm. eSolds Inc. users use this site as a form to exchange information. The Company is not a Real Estate broker/agent or a mortgage broker. It represents neither the buyer nor the seller and receives no commission on the sale of properties listed in this service. The Company assumes no responsibility, and makes no guarantee, implied or otherwise, as to the accuracy or validity of information contained in the property listings. All information contained in the listings has been provided by the property vendor/rentor/real estate agent and/or user.
eSolds Inc. Inc. does not warrant or make any representations or claims as to the quality, accuracy, currency or otherwise of any information contained on our Site or any sites linked to it. Any decision or action taken based on information contained in our Site or any sites linked to it are the sole responsibility of the user. The Company will not be liable for any claim or damage arising out of interpretation, reliance upon or other use of the information.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize eSolds Inc. to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions.
3. Website Access
A. eSolds Inc. hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of the Website in any medium without eSolds Inc.'s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify eSolds Inc. immediately of any breach of security or unauthorized use of your account. Although eSolds Inc. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of eSolds Inc. or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the eSolds Inc. servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, eSolds Inc. grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. eSolds Inc. reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. You may not violate any laws, third party rights, or our policies; copy materials on our Site, reverse engineer or break into our Site, nor use the Site materials, products or services to violate any law; use our Site other than in accordance with our policies, as may be reflected in this User Agreement; disclose your password for others for use; use our messaging system for any unauthorized or commercial purpose, except those specifically permitted by us; use the Site if you are not able to form legally binding contracts or are under the age of 18 post false, inaccurate, misleading, defamatory, or libellous content; distribute or post spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm eSolds Inc., or the interests or property of eSolds Inc. users; copy, modify, or distribute content from the Site and eSolds Inc.'s copyrights and trademarks; or harvest or otherwise collect information about our customers, users, or affiliates, including email addresses, without their consent.
D. Please report problems, offensive content, and policy violations to us. Without limiting our remedies, we may limit, suspend, or terminate our the use of our Site, prohibit access to our Site, remove hosted content, and take all required steps to keep users off our Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
E. You will not hold eSolds Inc. responsible for other users' actions or inactions. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, merchantability or safety of the property advertised, the truth or accuracy of listings, the ability of sellers to sell property, or that a seller will actually complete a property transaction. Notwithstanding the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you have paid to sum in the 12 months prior to the action giving rise to the liability.
4. eSolds Inc. Referral Program
The referrer must be registered user with eSolds Inc.. The person(s) you refer must not be an existing eSolds Inc. customer at the time the referral is submitted. A person is considered a referral if they register on eSolds Inc. after having being verified by both the referrer and referee. In the event that more than one referral is received for the same person, then the new referred user must clarify who referred them. The referred customer must result in a "paid" membership package to be eligible to receive points. The referral incentives will be paid to the affiliate for each successful referral. A successful referral means the referred person(s) has purchased a eSolds Inc. membership package. The membership package must be paid in full prior to the referral incentive being paid. There is no limit to the number of referrals that an XPX user can submit. The person(s) referred must purchase a membership package within six months from the time of the referral initiation. eSolds Inc. reserves the right to withdraw or change this offer at any time without prior notice. eSolds Inc. reserves the right to cancel your XPX referral status at anytime without cause. eSolds Inc. does not encourage unsolicited email or endorse the use of "SPAM" techniques. Affiliates are not employees, agents or representatives of eSolds Inc..
5. Refund/Exchange Policy
By using eSolds Inc. membership listing services, you hereby agree that a refund is only available to you for your account purchase or other property listing service such as eSold Listings® and eCertificates® which are provided by eSolds Inc. if it is requested in writing and received by eSolds Inc. Those seeking a refund within the allotted time are hereby advised that delivery of electronic mail and fax is not always guaranteed, and although such communication may eventually be delivered such delivery is not always immediate. We have a 100% Guarantee which we grant, please refer to this page.
eSolds Inc. and eSolds Inc. its logo's, slogans, program names and tag-lines are trade-marks of Sterling Wong Business Consultants Inc. Any unauthorized use is strictly prohibited.
BUYER CUSTOMER SERVICE AGREEMENT
1. DEFINITIONS AND INTERPRETATIONS: For the purposes of this Buyer Customer Service Agreement (“Authority” or “Agreement”), "Buyer" includes purchaser and tenant, a "seller" includes a vendor, a landlord or a prospective seller, vendor or landlord and a “real estate board” includes a real estate association. A purchase shall be deemed to include the entering into of any agreement to exchange, or the obtaining of an option to purchase which is subsequently exercised, and a lease includes any rental agreement, sub-lease or renewal of a lease. This Agreement shall be read with all changes of gender or number required by the context. 2. COMMISSION: For a Buyer Customer Service Agreement between Buyer and Brokerage, there is no requirement for the Buyer to pay the eSolds Inc. compensation for the customer service provided by the Brokerage, unless otherwise agreed to in writing. 3. REPRESENTATION AND CUSTOMER SERVICE: The Buyer acknowledges that eSolds Inc. has provided the Buyer with written information explaining agency relationships, including information on Seller Representation, Sub-Agency, Buyer Representation, Multiple Representation and Customer Service. The Buyer acknowledges that eSolds Inc. will be providing customer service to the Buyer and will not be representing the interests of the Buyer in a transaction. eSolds Inc. may be representing the interests of the seller as an agent or sub-agent. When eSolds Inc. is representing the seller, the seller is considered to be the eSolds’ Inc. client, and eSolds’ Inc. primary duties are to protect and promote the interests of the seller/client. eSolds Inc. will disclose all pertinent information to a seller/client obtained from or about the Buyer. Even though eSolds’ Inc. primary duties may be to the seller, eSolds Inc. may provide many valuable customer services to the Buyer. When providing customer service to the Buyer, eSolds’ Inc. duties to the Buyer include: • the Ethical duty to deal fairly, honestly and with integrity; • the Legal duty to exercise due care when answering questions and providing information; and • the Legal duty to avoid misrepresentation.
The Buyer acknowledges that the Buyer may not be shown or offered all properties that may be of interest to the Buyer. The Buyer hereby agrees that the terms of any buyer's offer or agreement to purchase or lease the property will not be disclosed to any other buyer. The Buyer understands and agrees that eSolds Inc. also provides representation and customer service to other buyers and sellers. If eSolds represents or provides customer service to more than one seller or buyer for the same trade, eSolds Inc. shall, in writing, at the earliest practicable opportunity and before any offer is made, inform all sellers and buyers of the nature of eSolds Inc. relationship to each seller and buyer.
4. INDEMNIFICATION: eSolds Inc. and representatives of eSolds Inc. are trained in dealing in real estate but are not qualified in determining the physical condition of the land or any improvements thereon. The Buyer agrees that eSolds Inc. will not be liable for any defects, whether latent or patent, to the land or improvements thereon. All information supplied by the seller or landlord or the listing brokerage may not have been verified and is not warranted by eSolds Inc. as being accurate and will be relied on by the Buyer at the Buyer's own risk. The Buyer acknowledges having been advised to make their own enquiries to confirm the condition of the property.
5. FINDERS FEE: The Buyer acknowledges that eSolds Inc. may be receiving a finder’s fee, reward and/or referral incentive, and the Buyer consents to any such benefit being received and retained by the Brokerage in addition to the commission as described above.
6. CONSUMER REPORTS: The Buyer is hereby notified that a Consumer Report containing credit and/or personal information may be referred to in connection with this Agreement and any subsequent transaction.
7. USE AND DISTRIBUTION OF INFORMATION: The Buyer consents to the collection, use and disclosure of personal information by eSolds Inc. for such purposes that relate to the real estate services provided by eSolds Inc. to the Buyer including, but not limited to: locating, assessing and qualifying properties for the Buyer; advertising on behalf of the Buyer; providing information as needed to third parties retained by the Buyer to assist in a transaction (e.g. financial institutions, building inspectors, etc...); and such other use of the Buyer’s information as is consistent with the services provided by eSolds Inc. in connection with the purchase or prospective purchase of the property. The Buyer agrees that the sale and related information regarding any property purchased by the Buyer through eSolds Inc. may be retained and disclosed by eSolds Inc. and/or real estate board(s) (if the property is an MLS® Listing) for reporting, appraisal and statistical purposes and for such other use of the information as eSolds Inc. and/or board deems appropriate in connection with the listing, marketing and selling of real estate, including conducting comparative market analyses.
8. CONFLICT OR DISCREPANCY: If there is any conflict or discrepancy between any provision added to this Agreement and any provision in the standard pre-set portion hereof, the added provision shall supersede the standard pre-set provision to the extent of such conflict or discrepancy. This Agreement, including any provisions added to this Agreement, shall constitute the entire Agreement between the Buyer and eSolds Inc. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein.
9. ELECTRONIC COMMUNICATION: This Buyer Customer Service Agreement and any agreements, notices or other communications contemplated thereby may be transmitted by means of electronic systems, in which case signatures shall be deemed to be original. The transmission of this Agreement by the Buyer by electronic means shall be deemed to confirm the Buyer has retained a true copy of the Agreement. ESOLDS INC. AGREES TO ASSIST THE BUYER IN LOCATING A REAL PROPERTY OF THE GENERAL DESCRIPTION INDICATED ABOVE AND TO PROVIDE CUSTOMER SERVICE TO THE BUYER IN AN ENDEAVOUR TO PROCURE THE ACCEPTANCE OF AN AGREEMENT TO PURCHASE OR LEASE A PROPERTY ACCEPTABLE TO THE BUYER.
SELLER CUSTOMER SERVICE AGREEMENT
1. DEFINITIONS AND INTERPRETATIONS: For the purposes of this Agreement, "Seller" includes Vendor and Landlord and "Buyer" includes a purchaser, a tenant, or a prospective purchaser or tenant. A purchase shall be deemed to include the entering into of any agreement to exchange, or the obtaining of an option to purchase which is subsequently exercised, and a lease includes any rental agreement, sub-lease or renewal of a lease. For purposes of this Agreement, anyone introduced to or shown the Property shall be deemed to include any spouse, heirs, executors, administrators, successors, assigns, related corporations and affiliated corporations. Related corporations or affiliated corporations shall include any corporation where one half or a majority of the shareholders, directors or officers of the related or affiliated corporation are the same person(s) as the shareholders, directors, or officers of the corporation introduced to or shown the Property. This Agreement shall be read with all changes of gender or number required by the context. 2. REPRESENTATION AND CUSTOMER SERVICE: The Seller acknowledges that eSolds Inc. has provided the Seller with written information explaining agency relationships, including information on Seller Representation, Sub-Agency, Buyer Representation, Multiple Representation and Customer Service. The Seller acknowledges that eSolds Inc. will be providing customer service to the Seller and will not be representing the interests of the Seller in a transaction. eSolds Inc. may be representing the interests of the Buyer for the transaction. When eSolds Inc. is representing the Buyer, the Buyer is considered to be the eSolds’ Inc. client, and eSolds’ Inc. primary duties are to protect and promote the interests of the Buyer/client. eSolds Inc. will disclose all pertinent information to a Buyer/client obtained from or about the Seller. Even though eSolds Inc. primary duties may be to the Buyer, eSolds Inc. may provide many valuable customer services to the Seller. When providing customer service to the Seller, the Brokerage’s duties to the Seller include: • the Ethical duty to deal fairly, honestly and with integrity; • the Legal duty to exercise due care when answering questions and providing information; and • the Legal duty to avoid misrepresentation. The Seller further acknowledges and agrees that the payment of commission by the Seller to eSolds Inc. not create or constitute representation by eSolds Inc. of the Seller as a client. The Seller understands and agrees that eSolds Inc. also provides representation and customer service to other sellers and buyers. If eSolds Inc. represents or provides customer service to more than one seller or buyer for the same trade, eSolds Inc. shall, in writing, at the earliest practicable opportunity and before any offer is made, inform all sellers and buyers of the nature of eSolds’ Inc. relationship to each seller and buyer. 3. DEPOSIT: The Seller and eSolds Inc. agrees that the deposit for a transaction shall be held in trust by eSolds Inc. Any deposit in respect of any agreement where the transaction has been completed shall be first applied to reduce the commission payable. Should such amounts paid to eSolds Inc. from the deposit or by the Seller’s solicitor not be sufficient, the Seller shall be liable to pay eSolds Inc. on demand, any deficiency in commission and taxes owing on such commission. 5. INSURANCE: The Seller warrants the Property is insured, including personal liability insurance against any claims or lawsuits resulting from bodily injury or property damage to others caused in any way on or at the Property and the Seller indemnifies eSolds Inc. and all of its employees, representatives, salespersons and brokers for and against any claims against eSolds Inc. made by anyone who attends or visits the Property. 6. VERIFICATION OF INFORMATION: The Seller authorizes eSolds Inc. to obtain any information from any regulatory authorities, governments, mortgagees or others affecting the Property and the Seller agrees to execute and deliver such further authorizations in this regard as may be reasonably required. 7. USE AND DISTRIBUTION OF INFORMATION: The Seller consents to the collection, use and disclosure of personal information by eSolds Inc. for the purpose of compiling, retaining and publishing any statistics including data which may be used by eSolds Inc. to conduct comparative market analyses; and make such other use of information as eSolds Inc. deems appropriate in connection with the listing, marketing, selling or leasing of real estate. 8. FAMILY LAW ACT: The Seller hereby warrants that spousal consent is not necessary under the provisions of the Family Law Act, R.S.O. 1990, unless the Seller’s spouse has executed the consent hereinafter provided. 9. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms of this Agreement. 10. CONFLICT OR DISCREPANCY: If there is any conflict or discrepancy between any provision added to this Agreement (including any Schedule attached hereto) and any provision in the standard pre-set portion hereof, the added provision shall supersede the standard pre-set provision to the extent of such conflict or discrepancy. This Agreement, including any Schedule attached hereto, shall constitute the entire Agreement between the Seller and eSolds Inc. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. 11. ELECTRONIC COMMUNICATION: This Agreement and any agreements, notices or other communications contemplated thereby may be transmitted by means of electronic systems, in which case signatures shall be deemed to be original. The transmission of this Agreement by the Seller by electronic means shall be deemed to confirm the Seller has retained a true copy of the Agreement.