Terms of Service
Important. Please read this agreement carefully before accessing or using Team Sethi’s (“Team”) website, located at teamsethi.com, or voice and mobile applications or before participating in any online features, services and/or programs offered by the Company related to lead generation, responding to inquiries and management as related to the real estate industry and related industries (collectively, the “Service”). Each time you access or use the Service, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to be bound by all of these Terms, you may not access or use the Service. In addition, certain areas of the Service may be subject to additional terms of use that will be made available for your review in conjunction with accessing such areas. By using such areas or any part thereof, you are expressly indicating that you have read and agree to be bound by the applicable additional terms of use. In the unlikely event that any of the additional terms of use governing such an area are in conflict with these Terms, the additional terms shall control.
User Obligations
You agree to abide by all applicable local, state, national and international laws and regulations pertaining to accessing and using the Service. You also acknowledge and agree that your use of the Internet to access the Service is solely at your own risk.
Communications
By creating an account to use the Service (“Account”), you consent to receiving newsletters, marketing, promotional materials, and other information from the company via email, SMS, text messaging, automated voicemail drops, push notifications, automated text messaging, and pre-recorded, artificial, or AI-generated voice calls. However, you have the option to opt out of receiving any or all of these communications at any time according to your preference. To unsubscribe from email communications, click the unsubscribe link provided in any email from the company and follow the instructions. To stop receiving SMS and text messages, reply with “STOP” to any text sent by the company. If you wish to opt out of phone calls, please inform the company when receiving a call. The company will make reasonable efforts to honor your requests to opt out of communications.
Purchases
When purchasing any product or service offered through the Service (“Purchase”), you may need to provide certain information relevant to your transaction, such as your credit card number, card expiration date, billing address, and shipping preferences and address.
You affirm and warrant that: (i) you have the legal authority to use any credit card(s) or other payment method(s) provided in connection with a Purchase; and (ii) the information you provide to the Company for a Purchase is accurate and complete.
The Service may utilize third-party services to facilitate payment and fulfillment of Purchases. By submitting your information to the Service, you authorize the Company to share that information with its third-party service providers, subject to our Privacy Policy.
The Company reserves the right to decline or cancel your order at any time, including but not limited to instances where there is suspicion of fraudulent, unauthorized, or illegal Purchase activities; availability issues with a product or service; errors in the description or pricing of a product or service; or other related reasons.
Availability, Errors and Inaccuracies
The Company regularly updates its product and service offerings on the Service. Occasionally, there may be delays between updates made on the Service and corresponding updates in the Company’s advertising. Additionally, the information on the Service may contain errors, inaccuracies, or be incomplete or outdated. The Company does not warrant the accuracy or completeness of any information found on the Service and reserves the right to update information and rectify errors, inaccuracies, or omissions at any time without prior notice.
Content
The Service enables you to post, link to, store, share, and otherwise make available various information, text, graphics, videos, or other materials (“Content”). You are solely responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
Specifically, you must not:
- Post statements or other materials that could be considered defamatory, libelous, harassing, abusive, threatening, intimidating, or that otherwise infringe upon the rights of others;
- Post or upload personal information, pictures, videos, or any other media belonging to another person without their explicit permission, or anything else that violates the privacy or publicity rights of another person or entity;
- Post anything that disrupts or interferes with the operation of the Service, including uploading files that contain malware, viruses, corrupted files, or any other type of file or data that may harm the functionality of another person’s computer or the Service;
- Repeatedly post the same or similar messages within an unreasonable timeframe;
- Delete or modify any material from the Service that was posted by another user or by the Company, without obtaining express written permission from the Company;
- Post statements or materials that encourage criminal activities or that could result in civil liability, or otherwise violate any law or regulation in any jurisdiction;
- Post statements or other materials that are vulgar, hateful, racist, bigoted, obscene, pornographic, profane, or otherwise objectionable, including offensive language and images;
- Post statements or materials that could harm minors in any way;
- Impersonate another person or entity, whether real or fictitious;
- Misrepresent your affiliation with any entity, including, but not limited to, the Company;
- Post statements or materials that constitute spam or unauthorized advertising or promotional materials, such as links to commercial products or services;
- Post material that infringes upon or may infringe upon any copyright, patent, trademark, trade secret, or other intellectual property rights of any party, unless you have the legal authorization to do so.
The Company reserves the right, but is not obligated, to monitor and edit all Content provided by users. The Company may remove any material posted by a user that it deems objectionable, at its sole discretion, with or without prior notice. Failure to comply with these guidelines may result in expulsion from and denial of future access to forums maintained by the Company. The Company explicitly disclaims any responsibility and makes no representations regarding the validity of opinions, advice, information, or statements made or displayed by third parties in forums, nor is the Company responsible for any errors or omissions in such postings or for hyperlinks embedded in any messages.
By posting Content on or through the Service, you affirm and warrant that: (i) the Content belongs to you and/or you have the right to use it and grant the Company the rights and licenses as outlined in these Terms; and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on copyrights.
You retain all rights to any Content you submit, post, or display on or through the Service and are responsible for protecting those rights. We assume no liability for Content posted by you or any third party on or through the Service. However, by posting Content using the Service, you grant the Company a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. Additionally, Content found on or through this Service is either the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or personal gain, without express advance written permission from the Company.
Accounts
When you create an account with the Company, you warrant and guarantee that you are over 18 years old and that the information you provide is accurate, complete, and current at all times. Providing inaccurate, incomplete, or outdated information may result in the immediate termination of your account and/or access to the Service. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. You agree not to use the Service in a manner that violates the rights and restrictions set forth in these Terms of Service.
You are responsible for maintaining the confidentiality of your account and password, including restricting access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your password is for our Service or a third-party service. You must notify the Company immediately if you become aware of any breach of security or unauthorized use of your account.
You may not use a username that belongs to someone else, is not lawfully available for use, or includes a name or trademark subject to any rights of another person without appropriate authorization. You may not use a username that is offensive, vulgar, or obscene. If you choose to communicate or meet with other users of the Service, associated content, or forums, you do so at your own risk. You acknowledge that there are risks involved with meeting people in person from an online community, including, but not limited to, risks of physical harm. You assume all risks associated with in-person contact with other users outside of the use of the Service and associated content and forums.
Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. The Company’s trademarks and trade dress may not be used in connection with any product or service without prior written consent from the Company. The Service and its original content may not be reproduced, transmitted, or distributed without prior written consent from the Company.
The Company respects the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and believe that a copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@teamsethi.com, with the subject line “Copyright Infringement,” and include a description of the alleged Infringement as detailed below under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims regarding the infringement of any Content found on and/or through the Service.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification of a claim of copyright infringement, pursuant to the Digital Millennium Copyright Act (DMCA), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed, including the URL or a copy of the copyrighted work;
- Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information provided in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at info@teamsethi.com or by mail at 4107 99 Street NW, Edmonton, AB T6E 3N4.
Disclaimer - Links to Third-Party Websites
Some links on the Service will direct you to third-party websites (“Linked Sites”). The Company provides these links for your convenience. You understand and acknowledge that the Company does not control these Linked Sites or their content. The Company is not responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or other materials on or available from a Linked Site. You agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any links, content, goods, or services available through a Linked Site. The Company strongly advises you to read the terms and conditions and privacy policies of any third-party sites you access.
Termination
The Company may terminate or suspend your account and block access to the Service immediately, without prior notice or liability, at its sole discretion, for any reason, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may notify the Company by emailing info@teamsethi.com.
All provisions of the Terms that should survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability, will remain in effect even after termination.
Indemnification
You agree to defend, indemnify, and hold harmless Team Sethi and its licensees and licensors, as well as their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including, but not limited to, attorneys’ fees) arising from or related to: a) your use of and access to the Service by you or any person using your account and password; b) any breach of these Terms; or c) Content posted on the Service.
Limitation of Liability
THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY ARISING OUT OF OR IN ANY WAY RELATED TO: (1) THE USE OF OR INABILITY TO USE THE SERVICE; (2) ANY CONTENT CONTAINED ON THE SERVICE; (3) ANY STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SERVICE AND/OR WITHIN ITS CONTENT; (4) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SERVICE AND/OR ITS CONTENT; (5) ANY ACTION OR INACTION TAKEN IN RESPONSE TO OR RESULTING FROM ANY INFORMATION AVAILABLE ON THE SERVICE AND/OR WITHIN ITS CONTENT; (6) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO THE SERVICE AND/OR ITS CONTENT; (7) ANY OTHER MATTER ARISING FROM OR RELATING TO THE USE OF THE SERVICE AND/OR ITS CONTENT; (8) ANY OTHER MATTER ARISING FROM OR RELATING TO THE INABILITY TO USE OR ACCESS THE SERVICE AND/OR ITS CONTENT.
UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF THE COMPANY OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR ASSIGNS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR USING THE SERVICE OR ITS CONTENT.
Disclaimer
THE SERVICE AND ANY CONTENT, TOOLS, PRODUCTS, OR SERVICES DISPLAYED, ACCESSED, OR OBTAINED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY CANNOT AND DOES NOT WARRANT THAT THE SERVICE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, THE SERVERS, OR ANY EMAILS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Exclusions
Some jurisdictions do not permit the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. Therefore, the above limitations may not apply to you.
Force Majeure
The Company will not be held liable for any delay or failure to perform its obligations under these terms or any additional terms due to circumstances beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental acts, failure of common carriers (including Internet service providers and website hosting providers), and shortages of transportation facilities, fuel, energy, labor, or materials.
Governing Law and Jurisdiction
By accessing or using the Service, you agree to abide by these Terms, which will be governed by and construed in accordance with the laws of the province of Alberta, excluding its choice of law principles. For any Disputes not subject to binding, individual arbitration as outlined in the section below, you and the Company consent to the exclusive jurisdiction of the province of Alberta. If federal court jurisdiction applies, you and the Company agree to submit to the Federal Court for the province of Alberta. Both parties waive any objections based on jurisdiction, venue, or inconvenient forum to such courts (without affecting either party’s right to remove a case to federal court where permissible), as well as any right to a jury trial. The provisions of the Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation that provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. This section will be interpreted as broadly as permitted by applicable law.
Class Action Waiver
Any claim or dispute between you and the Company shall be conducted solely on an individual basis and not as part of any class action, mass action, or consolidated or representative proceeding. You also agree to waive any right to a jury trial. The enforceability, conscionability, validity, or voidability of any part of this Class Action Waiver may only be determined by a court of competent jurisdiction.
State Specific Notes
- California: Under California Civil Code Section 1789.3, California website users have the right to file grievances and complaints in writing with The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, located at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834. They can also contact them via telephone at (916) 445-1254 or 1-800-952-5210, or via email at dca@dca.ca.gov.
- New Jersey: Any disclaimer, limitation of liability, indemnification, or damages provision included here applies to New Jersey residents and transactions only to the extent permitted by New Jersey law or public policy.
Severability
If any provision of these Terms is found unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining provisions.
Entire Agreement
These Terms, along with the Company’s Privacy Policy and any other terms or agreements posted on the Service and amended from time to time (“Website Agreements”), constitute the entire agreement between you and the Company concerning the Service and your use thereof. They supersede any prior agreements, arrangements, undertakings, or proposals, whether oral or written, between you and the Company regarding these matters.
To learn more about our privacy practices, please review our Privacy Policy, which governs your visits to the Service and is incorporated herein by reference into these terms.
Updates
The Company reserves the right to modify these Terms at any time. If you disagree with any changes made to the Terms, you must cease using the Service, its content, and forums, and if you have registered for any services through the Service, cancel your registration. Your continued access or use of the Service after such modifications constitutes acceptance of the updated Terms. It is your responsibility to stay informed about any changes to the Terms.
The Company also reserves the right to modify or discontinue the Service with or without notice. The Company will not be liable to you or any third party for exercising its right to modify or discontinue the Service. If you object to any changes, your sole recourse is to stop accessing and using the Service. Continued access to and use of the Service and its content and forums following notice of any changes indicates your acknowledgment and acceptance of the modified Terms governing the Service and its contents and forums.
How to Contact Us
If you have any questions, or comments, need to report a Service issue, or wish to exercise your rights under this policy, please contact the Company at:
4107 99 Street NW
Edmonton, AB T6E 3N4
Contact Email: info@teamsethi.com
Please include your name, contact details, and the nature of your request in your correspondence so that we can respond promptly and appropriately. Kindly allow up to thirty (30) calendar days for us to respond to any inquiries you submit to the Company.
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