TERMS AND CONDITIONS
Our Contract
(E-SIGN)
You are entering a binding contract with oneflatfee.ca, the Realtors® or lenders who use it and their parents, subsidiaries
By accessing pricelistsell.com, you are consenting to the information collection and use practices described in this Privacy Policy located here.
Our Communications With you
(TCPA Consent for United States Residents)
EXPRESS WRITTEN CONSENT. BY SUBMITTING YOUR CONTACT INFORMATION, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE EMAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT YOU LATER PROVIDE TO US OR ENTER INTO YOUR CONTACT PAGE.
E-MAILS, CALLS, AND TEXTS. THESE COMMUNICATIONS MAY INCLUDE TELEMARKETING MESSAGES, THROUGH THE USE OF EMAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, AND TEXT MESSAGES (INCLUDING SMS AND MMS).
NO PURCHASE NECESSARY. AGREEING TO THESE COMMUNICATIONS IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM US.
OPTING OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE COMMUNICATIONS AT ANY TIME BY REPLYING “STOP” TO ANY OF OUR TEXTS, OR BY ANY OTHER REASONABLE MEANS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT, BUT REPLY “STOP” WILL AUTOMATICALLY UNSUBSCRIBE YOU, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30 DAYS TO STOP COMMUNICATIONS IF YOU USE A METHOD OTHER THAN THE AUTOMATIC REPLY “STOP.” YOU CONSENT TO RECEIVE A FINAL TEXT MESSAGE CONFIRMING YOUR OPT-OUT.
COMMUNICATION FREQUENCY. HOW OFTEN WE SEND YOU COMMUNICATIONS WILL VARY, BECAUSE THE INDIVIDUAL SALESPERSON OR REALTOR WHO COMMUNICATES WITH YOU WILL DETERMINE IT.
Your consent here also serves as your express written consent to your past receipt of electronic communications from us.
You represent and warrant that:
You are at least 18 years old
You live in the United States (or Canada, in which case the Canadian consents below apply)
You have not registered on a national or statewide Do Not Call list
You are the account holder for the email addresses and phone numbers you provided, or you have authorization from the account holder to give this consent
The email addresses and phone numbers you provided are accurate, and you will let us know if you release them to another person or individual
Our mobile service is available only in certain states. Certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
ADDITIONAL COMMUNICATIONS PROVISIONS
(For Residents of Canada)
In addition to the consent provided above in the Our Communications With You (United States) section, Canadian residents agree to the following provisions related to compliance with Canada’s Anti-Spam Legislation (“CASL”), Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) and Canadian provincial law including Alberta’ Personal Information Protection Act (“PIPA”), and Quebec’s Act Respecting the Protect of Personal Information in the Private Sector:
You agree to the provisions governing use and disclosure of personal information that
Because the purpose of our communications include your interest in future real estate purchases, our communication with you will continue until you opt-out, which indicates you are no longer considering real estate opportunities
Your personal information may also be transmitted to, used in, and stored in the United States
DISPUTE RESOLUTION – ARBITRATION AGREEMENT
(Mandatory Binding Arbitration and Class Action Waiver)
READ THIS ARBITRATION AGREEMENT (“Agreement”) CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. For example, if we elect to require you to arbitrate any claim, you will not have the right to a jury trial or the right to participate in a class action in court or in arbitration.
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW. If you do not reject this Arbitration Agreement and a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or in arbitration; or (4) join or consolidate a Claim with claims of any other person. The right to appeal is more limited in arbitration than in court and other rights in court may be unavailable or limited in arbitration.
This Arbitration Agreement describes when and how a Claim (as defined below) arising under or related to the Terms of Use and Privacy Policy between you and us may be arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons, instead of having a trial in court in front of a judge and/or jury. If a claim is arbitrated, each party waives its, his or her respective rights to a trial before a jury in connection with the Claim. It can be a quicker and simpler way to resolve disputes. As solely used in this Arbitration Agreement, the terms “we,” “us” and “our” mean “us” as defined above, our parent companies, wholly or majority owned subsidiaries, affiliates, commonly-owned companies, management companies, successors, assigns and any of their employees, officers
You’re Right to Reject Arbitration: You may reject this Agreement by mailing a rejection notice to the Brokerage, Attn. Terms of Use and Privacy Policy Arbitration Rejection, within 30 days after you enter into this contract. Any rejection notice must include your name, address and telephone number; the date you entered into this contract and the website to which your rejection notice applies; and your signature. Rejecting this Agreement will not affect any other provision of these Terms of Use and Privacy Policy. Your rejection notice will apply only to these Terms of Use and Privacy Policy, but will not affect any other terms of use or any other contract between you and us. If you do not reject this Agreement, it will be effective as of the date you entered into the contract.
What Claims Are Covered: “Claim” means any claim, dispute or controversy between you and us, whether preexisting, present or future, that in any way arises from or relates to the Terms of Use or Privacy Policy, your use of this website, the events leading up to the Terms of Use or Privacy Policy (for example, any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), communications between you and us and the manner of communicating, any product or service provided by us or third parties in connection with the Terms of Use or Privacy Policy, enforcement of any and all of the obligations a party hereto may have to another party, compliance with applicable laws and/or regulations (including but not limited to the Telephone Consumer Protection Act), or the relationships resulting from any of the foregoing. “Claim” has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims
However, “Claim” does not include: (i) any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Agreement or any part thereof (including, without limitation, the Class Action Waiver set forth below, subparts (A) and (B) of the part (k) set forth below titled “Rules of Interpretation” and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide; but disputes about the validity or enforceability of the Terms of Use or Privacy Policy as a whole are for the arbitrator and not a court to decide; (ii) seeking and obtaining from a court of competent jurisdiction (notwithstanding ongoing arbitration and without waiver of rights under this Arbitration Agreement) provisional or ancillary remedies including but not limited to injunctive relief, temporary restraining orders, property preservation orders, foreclosure, sequestration, eviction, attachment, replevin, garnishment, and/or the appointment of a receiver; (iii) the exercising of any self-help or non-judicial remedies by you or us; (iv) any individual action in court by one party that is limited to preventing the other party from using a self-help remedy and that does not involve a request for damages or monetary relief of any kind; or (v) any individual action brought by you against us in small claims court or your state’s equivalent court, if any. But if that action is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Moreover, this Arbitration Agreement will not apply to any Claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Agreement in which you are alleged to be a member of the putative or certified class.
Electing Arbitration; Starting an Arbitration Proceeding: Either you or we may elect to arbitrate a Claim by giving the other party written
Choosing the Administrator: The party starting the arbitration proceeding must choose one of the following arbitration organizations as the Administrator: the American Arbitration Association. You may contact these organizations directly if you have any questions about the way they conduct arbitrations or want to obtain a copy of their rules and forms (which are also available on their websites). A single arbitrator shall be appointed. If for any reason the Administrator selected is unable or unwilling to serve or continue to serve as Administrator, the other company will serve as Administrator. If neither the AAA nor JAMS is able or willing to serve as Administrator, we and you will mutually agree upon an Administrator or arbitrator or a court with jurisdiction will appoint the Administrator or arbitrator (or arbitrators, in the case of a three-arbitrator panel provided for in Section “j”, below). No company may serve as Administrator, without the consent of all parties, if it adopts or has in place any formal or informal policy that is inconsistent with and purports to override the terms of the Class Action Waiver in section (e) of this Arbitration Agreement. In all cases, the arbitrator(s) must be a lawyer with more than 10 years of experience or a retired judge. Arbitration of a Claim must comply with this Arbitration Agreement and, to the extent not inconsistent or in conflict with this Arbitration Agreement, the applicable rules of the
Class Action Waiver: Notwithstanding any other provision of the Terms of Use or Privacy Policy, if either you or we elect to arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually. (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency).
Location of Arbitration: Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence.
Cost of Arbitration: Each Administrator charges fees to administer an arbitration proceeding and the arbitrator also charges fees. This includes fees not charged by a court. At your written request, we will pay all filing, hearing and/or other fees charged by the Administrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a filing fee for asserting the Claim(s) in court, you will not be required to pay that amount again). In addition, the administrator may have a procedure whereby you can seek a waiver of fees charged to you by the Administrator and arbitrator. We will always pay any fees or expenses that we are required to pay by law or the Administrator’s rules or that we are required to pay for this Arbitration Agreement to be enforced.
Governing Law: The Terms of Use or Privacy Policy evidences a transaction involving interstate commerce and, therefore, this Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), and not by any state arbitration law. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or by state or local laws that relate to arbitration proceedings. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter
Right to Discovery: In addition to the parties’ rights to obtain discovery pursuant to the arbitration rules of the Administrator, either party may submit a written request to the arbitrator to expand the scope of discovery normally allowable under the arbitration rules of the Administrator. The arbitrator shall have
Arbitration Result and Right of Appeal: Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision is final and binding, except for any right of appeal provided by the FAA. The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except in a dispute between the same parties, in which case it could be used to preclude the same claim from being re-arbitrated. If the amount of the Claim exceeds $25,000, any party can, within 30 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. (If an appeal is not filed within that time period, the arbitration award shall become final and binding). The panel shall reconsider de novo (anew) any aspect of the initial award requested by the appealing party. This means that they shall reach their own findings of fact and conclusions of law rather than deferring in any manner to the original arbitrator. The decision of the panel shall be by majority vote. Reference in this Arbitration Agreement to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with subparagraph (g) above, captioned “Cost of Arbitration.” Any final decision of the appeal panel is subject to judicial review only as provided under the FAA.
Rules of Interpretation: This Arbitration Agreement shall the termination, cancellation or suspension of the Terms of Use or Privacy Policy, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this Arbitration Agreement, on the one hand, and the applicable arbitration rules or the other provisions of the Terms of Use or Privacy Policy, on the other hand, this Arbitration Agreement shall govern. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the Terms of Use or Privacy Policy or the remaining portions of this Arbitration Agreement, except that:
(A) The parties acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between them and is non-severable from this Arbitration Agreement. If the Class Action Waiver is limited, voided or found unenforceable, then this Arbitration Agreement (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and
(B) If a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated.
Notice of Claim; Right to Resolve; Special Payment: Prior to initiating, joining or participating in any judicial or arbitration proceeding regarding any Claim, the Claimant (the party who asserts or seeks to assert a Claim in a lawsuit or arbitration proceeding) shall give the other party written notice of the Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice you send must include your name, address, telephone number
Governing Law
By visiting oneflatfee.ca, you agree that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and/or any dispute of any sort that might arise between you and oneflatfee.ca or its affiliates, except for the Arbitration Agreement, which is governed by the Federal Arbitration Act.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY oneflatfee.ca ON AN “AS IS” AND “AS AVAILABLE” BASIS. oneflatfee.ca MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, oneflatfee.ca DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. oneflatfee.ca DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. oneflatfee.ca WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Purpose of Our Website
The purpose of oneflatfee.ca is to allow our users to gain access to our real estate professionals, mortgage lenders, service providers
Copyright & Trademarks
© 2018 oneflatfee.ca. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, are the exclusive properties of oneflatfee.ca/Local MLS/Other affiliated parties and are all subject to copyright and other intellectual property protection laws. oneflatfee.ca and all other trademarks and service marks indicated on our site are the properties of their respective owners. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites.
License
oneflatfee.ca grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of oneflatfee.ca. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of oneflatfee.ca.
Professional Real Estate Advisors
Financial decisions, including decisions about real estate, are serious decisions that should not be taken lightly. oneflatfee.ca, its agents, employees, officers, subsidiaries, members or affiliates do not, via this website or otherwise, encourage you to make any particular decision on issues concerning real estate without first seeking professional advice from your attorney or accountant. The material contained on this site is offered as information only and not as financial, accounting, legal or other professional advice. Users of this site should contact their own professional advisors for such advice.
You agree that you must evaluate and bear all risks associated with your dealings with any real estate investor or investment company or real estate broker or Brokerage Company that is linked to, included in, or referred to by this site. You agree and understand that your choice to deal with any member or affiliate of this site is done at your discretion and risk, and you will be solely responsible for such dealings. In no event shall oneflatfee.ca be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to your dealings with investors, members or affiliates of this site.
On occasion, information on our site, such as home prices, may be outdated or otherwise incorrect. We can only provide information with which we have been provided and accept no responsibility for any information that is out of date or otherwise invalid.
Obligations of Home Sellers Registered With oneflatfee.ca
By completing the home information form on this site, you agree that:
You are of legal age and are otherwise capable of forming a legally binding contract;
You are interested in buying or selling
You do not have an exclusive contractual or
You agree to be contacted by e-mail, telephone, text message or other means by oneflatfee.ca or a member or affiliate of oneflatfee.ca regarding content viewed on oneflatfee.ca
Links to Other Sites
From time to time, oneflatfee.ca may include on its site third party service providers (such as a lender, mortgage broker loan originator, etc.). Oneflatfee.ca may post information about, or links to, these companies as a service to its users who may be interested in such services. Oneflatfee.ca is not responsible for the contents of any link to or from this site. We do not endorse the policies or practices of, or opinions expressed on, other websites linked to or from this site; nor do we make any representations or warranties with respect to the accuracy of any items or claims contained in such other websites. Any links are provided for you only as a convenience, and the inclusion of any link does not imply endorsement by us of the services, the site, its contents or its sponsoring organization.
Your consent to future changes
We may change the website, these Terms of Use, and our Privacy Policy at any time. If we change these Terms of Service or some part of them, they will become effective immediately on posting of the updated or revised Privacy Policy on this web page. Your use of the website following our publication of any revision to these Terms of Service will signify your assent to and acceptance of the revised terms for all previously collected information, and information collected from you in the future. Should you wish to opt-out of such future changes, you must communicate your request to opt-out to us in writing, either by email at