SUNDAYBELL RESERVES THE RIGHT TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE AT ANY TIME AND IN ITS SOLE DISCRETION. IN THE EVENT SUNDAYBELL MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, SUNDAYBELL WILL CHANGE THE EFFECTIVE DATE OF THIS AGREEMENT. YOUR USE OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE OF THIS AGREEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
Sundaybell provides the Website, which may connect you with real estate agents, real estate buyers, real estate sellers, or other related service professionals in your area, as a service to its users. Sundaybell does not own, operate, or employ any real estate agency, broker, agent, lawyer, or other service provider listed on the Website. Since the Website is a service that is open to the public, Sundaybell cannot be held responsible for any transaction entered into as a result of any party’s use of the Website, including without limitation any real estate transactions. Though Sundaybell provides tools and services through the Website that may aid you in your purchase or sale of real estate or aid you in finding a real estate agent, it does not oversee transactions or guarantee the reliability of the representations made by any user of the Website. You use the Website at your own risk and are advised to use caution and common sense when contracting with any party through the Website.
You warrant and agree that you have the right, power, and legal capacity to enter into this Agreement and to adhere to the terms and conditions hereunder and that you are not prohibited from entering into this Agreement by any preexisting agreement. You warrant and agree that you are a human individual that is eighteen (18) years of age or older and that you are not a bot, script, or other computer or machine, excluding search engine spiders. You warrant and agree that you will access the Website from your own computer or mobile device and that you will not impersonate any person or entity or forge any identifiers of origin or source, such as IP addresses or packet headers, in accessing or using the Website. You agree to comply, in good faith, with the terms of this Agreement.
Sundaybell hereby grants you a limited, non-exclusive, royalty-free, revocable, and non-sublicensable license to use the Website for its lawful and intended purposes. You are expressly prohibited from using the Website outside of the uses stated in this Agreement.
The Website, including but not limited to any text, software, logos, trademarks, scripts, tools, graphics, photos, sounds, music, videos, and interactive features, as well as its associated data and services, is the property of Sundaybell and may not be used, modified, copied, distributed, framed, reproduced, crawled, aggregated, reverse engineered, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Sundaybell. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publically available archives that appropriately comply with Sundaybell’s robots.txt file.
You are hereby prohibited from using the trademarks, service marks, designs, and logos of Sundaybell, or any colorable imitation thereof, as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion without the prior written consent of Sundaybell. The Website is subject to all intellectual property laws, including but not limited to trademark, copyright, and trade secret laws.
You are prohibited from using the Website for any use not explicitly stated in this Agreement. Such unauthorized uses may include:
Sundaybell may allow you to create user generated content through or upload user generated content to the Website, including but not limited to your personal information, information concerning your company, information concerning your real estate agent or other preferences, photographs, text, service selections, your answers to questions generated by Sundaybell, and other content (“User Generated Content”). You hereby provide Sundaybell with a non-exclusive, irrevocable, sublicensable, worldwide, perpetual, and royalty-free license to use any and all User Generated Content that you submit to the Website in any form and for all purposes of the Website.
Sundaybell may provide you with the ability to create a member account with the Website, which may provide you with access to additional areas or features of the Website that are not available to non-members. Sundaybell provides three types of member accounts: buyer accounts, which enable a real estate buyer to connect with real estate agents (hereinafter “Buyer Account”), seller accounts, which enable a real estate seller to connect with real estate agents (hereinafter “Seller Account”), and agent accounts, which allow real estate agents to connect with buyers, sellers, and other real estate agents (hereinafter “Agent Account”) (collectively “Member Account”).
By creating a Member Account, you agree that Sundaybell may contact you by any available means, including but not limited to by email. You further agree that, in registering a Member Account with the Website, third parties may contact you through the Website to provide you with information on their goods or services or to aid you in the purchase or sale of real estate.
If you register a Buyer Account or Seller Account, you represent and warrant that you are not bound by or a party to any exclusive arrangement or agreement, whether contractual or otherwise, that would prohibit you from using the Website and its associated services, including but not limited to an exclusive buyer’s broker agreement. If you register an Agent Account, you represent and warrant that you are a qualified and licensed real estate professional in the United States and/or Canada and are not bound by or a party to any exclusive arrangement or agreement, whether contractual or otherwise, that would prohibit you from using the Website and its associated services.
You are responsible for your Member Account and for any and all access thereto, whether authorized or unauthorized. You agree that it is your responsibility to keep your Member Account secure from unauthorized access. In the event your Member Account is accessed without your authorization, you agree to immediately provide notice to Sundaybell. You have a duty to ensure that the information that you provide through your Member Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your Member Account if and when that information changes.
You understand and agree that you may not use or attempt to use the Website, in whole or in part, to provide any and all third parties that do not own a Member Account with the Website or with any information from the Website, including but not limited to prices, fees, commissions, or other terms offered by other real estate agents. You further agree that you will not refer any leads supplied by Sundaybell or the Website to any other person outside of the Website without the express written consent of Sundaybell.
You understand and agree that Sundaybell provides a Website service and takes no responsibility and cannot be held liable or responsible for transactions entered into by or between users of the Website, whether through Member Accounts or otherwise. Sundaybell makes no representations or warranties as to the truth or falsity of any information submitted to the Website or provided by a user of the Website, the legality, quality, or safety of the services offered through the Website, the qualifications associated with any Member Account, including but not limited to the validity of licensing information provided by the owner of a Member Account, or of the likelihood of a purchase or sale of real estate. Though Sundaybell undertakes commercially reasonable efforts to verify the identity of its Website users, you understand and agree that Sundaybell cannot be held liable for any user’s failure to truthfully or accurately disclose their identity.
You further understand and agree that through your participation in the Website and through your registration and use of a Member Account, the personal information associated with your Member Account may be transmitted to a third party that has also registered a Member Account with the Website. You unambiguously consent to this transmission of your personal information.
Canadian resident real estate buyers and/or real estate sellers will be required to provide consent to receive emails from third parties if the requested Sundaybell service requires services from a third party (for example, a local real estate agent).
You understand and agree that the real estate professionals that participate on the Website are not employees of Sundaybell. Sundaybell is not responsible or liable for any acts or omissions created or performed by such real estate professionals and/or any third party. Your correspondence or business dealings with third parties found on or through the Website and/or Services (including but not limited to payment and delivery or services and related goods, personal information, opt-in contact information and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such third party. You acknowledge and agree that Sundaybell will not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings.
The Website may contain links to third party websites that are not under the control of Sundaybell. Sundaybell is not responsible for any linked site from the Website or any link contained in a linked site, or any changes or updates to such third party websites. Sundaybell does not operate or control, in any respect, any information, software, products or services available on such websites. Sundaybell provides these links to you for your convenience and the inclusion of any link does not imply that Sundaybell endorses or accepts any responsibility for the content on such third party website(s).
You agree to hold harmless and indemnify Sundaybell for any and all claims, demands, judgements, liability, costs, or fees, including reasonable attorneys’ fees, arising out of or relating to disputes over transactions entered into through the Website. You agree to pay for any and all services that you have contracted for through your use of the Website. You also agree to provide any or all services that you have been contracted to perform by users of the Website. You understand and agree that Sundaybell will not be held liable for any user’s failure to complete a transaction entered into through the Website.
Sundaybell may provide owners of Member Accounts with services and tools through the Website, such as the AgentBlasters™, BuyerBlasters™, SelectAnAgent™, and ReferralBlasters™ tools. Sundaybell provides these services and tools on an “as-is” basis and without warranty of any kind. You understand and agree that Sundaybell makes no representations or warranties as to these services or tools and that you use these services or tools at your own risk.
You represent and warrant that you will not, through your Member Account, (i) violate any term or condition of this Agreement; (ii) violate any applicable law, regulation, license limitations, statute, ordinance, or treaty; (iii) contribute false, inaccurate, or misleading information to the Website; or (iv) violate the rights of third parties, including trademark rights, copyright rights, patent rights, and rights of privacy or publicity. Sundaybell reserves the right, within its sole and absolute discretion, to disable, delete, restrict access to, or ban any Member Account or to remove any content, comments, or materials submitted through a Member Account that violates any of the above or are otherwise unlawful, harmful, offensive, or inappropriate, which will be determined in Sundaybell’s sole discretion. Sundaybell has the right, but has no obligation, to monitor the information submitted through Member Accounts to the Website. Sundaybell may replace, modify, or delete this information at any time and in its sole discretion.
Sundaybell may from time to time offer eligible customers that have registered Member Accounts (hereinafter “Customers”) promotional opportunities to incent use of Sundaybell's Services within a particular time frame. These opportunities may include, but are not limited to, discounts, rebates, gift certificates, points or other incentives that are only available to Customers who connect with Sundaybell affiliated Agent Accounts. Customer eligibility for a particular promotion will be defined in the Official Rules and Regulations for each promotion. Not all Customers may be eligible to participate in all Sundaybell promotional opportunities. In order for a Customer to be eligible for any promotional opportunities to incent use of Sundaybell's Services, the Customer must comply with the Official Rules and Regulations for each promotional opportunity.
Sundaybell provides registered Customers with a chance to earn One (1) American Express® branded reward card. The approximate retail value (“ARV”) is point based with 1 point = $1 in purchasing power. The ARV for each reward card is $25 (for United States residents, ARV is based on United States Dollars; for Canadian residents, ARV is based on Canadian Dollars). Rewards cards are issued in connection with a loyalty, award or promotion program. Reward cards can be used at select merchants that welcome American Express Cards in the U.S. as detailed at www.maxpointscard.com, in Canada at personaselect.intelispend.com. The reward card is valid for up to twelve (12) months; unused points will be forfeited at 12:00:00 midnight MST of the last day of the month of the valid thru date, subject to applicable law. Usage restrictions and guidelines apply. The reward card cannot be redeemed for cash and is not transferable. Card terms and conditions apply. The reward card is issued by InteliSpend Prepaid Solutions, LLC; InteliSpend Prepaid Solutions, ULC. Recipients are responsible for all federal, state, provincial and local taxes as applicable.
The Referral Program is subject to the following terms:
a. Customer cannot refer himself/herself;
b. Customer cannot refer a person that is an existing Customer and/or accountholder with Sundaybell;
c. Sundaybell reserves the right, in its sole and absolute discretion, to decline an application for Sundaybell Services or cancel a Customer's membership at any time;
d. Sundaybell may discontinue its Referral Program at anytime and will not be liable for any loss of income;
e. Sundaybell may decline a referral at anytime without providing a reason;
f. Customer is not permitted, under any circumstances, to represent that Customer is acting on behalf of Sundaybell or has the authority to enter in any agreement on behalf of Sundaybell;
g. Customer will not be entitled to the Reward Card if Customer fails to provide the Referral Identifier Number (hereinafter "RIN") and Sundaybell will not be liable to Customer with respect to any such failure. Customer will not earn the Reward Card if an application is not registered or membership is canceled in accordance with Sundaybell's cancellation policy; and
h. Customer acknowledges and agrees that Sundaybell's determination will be final and binding with respect to that referring party's eligibility for any Reward Card.
The referring Customer shall govern himself/herself in a legal and ethical manner. The referring Customer shall not misrepresent the Services or prices or impose any fees or charges or minimums in connection with the Services.
Sundaybell reserves the right to investigate any suspicious or inappropriate registration or activity. Sundaybell, in its sole discretion, reserves the right to delay payment and/or issuance of rewards cards while it conducts an investigation of such activity. If Sundaybell, in its sole discretion concludes a registration was deceptive, Customer agrees that Sundaybell will not be obliged to provide any rewards cards for such registration.
Each time a Customer refers a new applicant to the Sundaybell Service, if the new applicant registers upon receipt of the invitation and continues to utilize the Sundaybell Service to connect with a potential real estate professional partner(s), the inclusion of the referrers RIN will result in the receipt of one (1) reward card. The Customer will receive the reward card within sixty (60) days after the end of the calendar month in which the Customer made the successful referral.
Sundaybell may charge fees to those that register Member Accounts in consideration for Sundaybell’s provision of additional Website services, including but not limited to annual membership fees or connection fees. You agree to pay all charges on time, and Sundaybell may terminate or disable your Member Account or your access to the Website if you fail to pay any amount owing to Sundaybell when due.
The real estate professional's complete billing address and telephone number must be provided to process payments as well as brokerage information and license number for verification by Sundaybell. Sundaybell accepts major credit cards including, but not limited to, Visa, MasterCard and American Express.
If your payment of an amount due is more than thirty (30) calendar days past due, interest will be charged on the unpaid balance at the lower of (a) an additional 15% of the balance or 1.5% per month, whichever is larger, or (b) the maximum allowable by law. You will pay all costs of collection, including legal fees, incurred by Sundaybell. Each time the Website is used, you affirm that Sundaybell is authorized to obtain payment from you through your selected payment method.
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. For United States residents, all fees are quoted and payable in United States dollars. For Canadian residents, all fees are quoted and payable in Canadian dollars.
You agree that you will not initiate any chargebacks to Sundaybell unless otherwise authorized by Sundaybell in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Sundaybell. In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Sundaybell in writing within thirty (30) days of any such dispute. You understand that your failure to notify Sundaybell of any dispute within thirty (30) days will constitute your express waiver of any claims related to the disputed payment.
Sundaybell reserves the right at any time to modify or discontinue the Website or any of its associated services without notice and in its sole and absolute discretion.
Sundaybell reserves the right at any time to modify the price charged for the services offered through the Website. In the event of a price change, you will be notified by e-mail at the address on your account thirty (30) days in advance of any price increase.
All fees paid are non-transferable and non-refundable.
You may terminate your registration to the Website or its associated services at any time during the term of such registration or any renewal period by emailing Sundaybell at email@example.com to request termination of your account. There are no refunds upon termination. Your registration will terminate at the end of the registration term for which you have paid and you will not receive any further refund for unused days of the remaining term.
Sundaybell may terminate this Agreement without liability at any time without notice for any reason, including if the user is in default of this Agreement, if the user has not paid the fees due and/or, if the user does not comply with the terms of this Agreement.
SUNDAYBELL PROVIDES THE WEBSITE ON AN AS-IS BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. SUNDAYBELL DOES NOT WARRANT THAT THE WEBSITE WILL BE FREE OF ERRORS, OMISSIONS, OR INACCURACIES. SUNDAYBELL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURSIDICTION, THIS EXCLUSION MAY NOT APPLY.
SUNDAYBELL IS NOT RESPONSIBLE FOR, AND WILL NOT BE HELD LIABLE FOR, ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE, WHETHER OR NOT THAT CONTENT IS TRANSMITTED BY OR BETWEEN OWNERS OF MEMBER ACCOUNTS. SUNDAYBELL DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A MEMBER ACCOUNT, OR ALTERATION THEREOF. SUNDAYBELL RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME. SUNDAYBELL MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY OR SKILL OF ANY REAL ESTATE BUYER, REAL ESTATE SELLER OR REAL ESTATE PROFESSIONAL REFERRED THROUGH THE WEBSITE. SUNDAYBELL IS NOT RESPONSIBLE FOR ANY ACTIONS FOLLOWING THE USE OF THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT SUNDAYBELL WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY AND ALL DAMAGES THAT ARISE OUT OF THE USE AND LICENSE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT SUNDAYBELL WILL ONLY BE LIABLE TO YOU FOR (A) THE AMOUNT OF FEES YOU, PAID TO SUNDAYBELL IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) FIFTY CANADIAN DOLLARS ($50), WHICHEVER IS LESS. IF NO AMOUNT IS PAID BY YOU TO SUNDAYBELL, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW OF YOUR STATE OR PROVINCE.
You understand and agree that you will hold harmless and indemnify Sundaybell, its officers, directors, employees, members, agents, successors, assigns, independent contractors, and employees, from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debts, and expenses, including but not limited to attorneys’ fees, that arise from your use of or access to the Website, your violation of any term or condition of this Agreement, your violation of the rights of a third party, or your violation of any applicable law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. This obligation to hold harmless and indemnify Sundaybell will survive the failure or termination of this Agreement or your use of the Website.
You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. Sundaybell may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
You understand and agree that Sundaybell is an interactive service provider as per the definition of those terms under § 230 of the Communications Decency Act. Sundaybell’s Website may allow content to be submitted to the Website or may contain links to third party websites that Sundaybell does not own or control. Sundaybell has no responsibility for the content that is submitted to its Website by third parties or for the content of third party websites linked to or through the Website. You agree to hold Sundaybell harmless for any and all liability arising out of content submitted to the Website or out of your use of third party websites.
Sundaybell has no duty to monitor content submitted to the Website, but it may, within its sole discretion, choose to monitor, edit, modify, refuse, or delete any content submitted to the Website without notice to the submitting party and for any reason, or which might be offensive, harmful, or threatening to the safety of others. You understand and agree that Sundaybell’s provision of the Website does not imply its approval or endorsement of any content submitted to the Website or the content of third party websites linked through the Website. You have an obligation to report any and all inappropriate behavior to Sundaybell immediately.
You understand and agree that the Website is located in Burlington, Ontario, Canada for all legal and non-legal purposes. You also agree that the Website is passive in nature and does not give rise to personal jurisdiction over Sundaybell in jurisdictions other than Ontario, Canada. The laws and legal principles of the province of Ontario will govern this Agreement without regards to its conflicts of laws principles. Any disputes arising out of or relating to this Agreement or your use of the Website will be decided exclusively by arbitration.
YOU AND SUNDAYBELL AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN BURLINGTON, ONTARIO, CANADA AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES RELEASED BY THE CANADIAN ARBITRATION ASSOCIATION. THE ARBITRATOR WILL HAVE THE DISCRETION AND AUTHORITY TO AWARD COSTS AND ATTORNEYS’ FEES TO THE PREVAILING PARTY AND WILL DECIDE THE ARBITRATION PROCEEDING UNDER THE LEGAL PRINCIPLES AND LAWS OF THE PROVINCE OF ONTARIO. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND SUNDAYBELL AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE PROVINCE OF ONTARIO IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND SUNDAYBELL AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
The Website is not directed to persons under the age of eighteen (18) and Sundaybell will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Sundaybell inadvertently collects personally identifiable information, Sundaybell will delete the personally identifiable information in accordance with its security protocols.
SUNDAYBELL AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
All rights not expressly granted herein are reserved to Sundaybell.