Terms of Use
Date of last revision 8/4/2021
Welcome to randyselzer.com
Randy Selzer’s products and services are provided by randyselzer.com. These terms and conditions of use (“Terms”) govern your use of Randy Selzer’s websites, mobile applications, products, and services (collectively, the “Services”), so please read them carefully.
By accessing this website or using the Services, you are agreeing to the Terms, Randy Selzer’s Privacy Policy and Randy Selzer’s Community Guidelines. If you have any questions, please contact us.
1. Using our Services
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any photos, text, data, branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Do not use our Services on any mobile device in a way that distracts you and prevents you from obeying traffic or safety laws.
2. Information on the services
Our Services display both Randy Selzer-created content and content that is not created or developed by Randy Selzer. (the “website Information”). We may review third party-content to determine whether it is accurate or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not routinely screen third-party content that is published via our Services. We cannot guarantee the accuracy, adequacy or quality of any such website Information.
3. Email consent
By using the Services, you consent to receive emails from randyselzer.com, which may include commercial emails. You may change such preferences via the unsubscribe link in all commercial emails.
4. Website advertising and communications
It is solely the responsibility of third party writers and publishers to ensure that any information or advertisements they post or place on the randyselzer.com website, and any communications they may have with subscribers through the Services, fully complies with all applicable laws and rules of professional conduct, including those regulating the form, manner or content of communications with subscribers, advertising, or other matters.
5. Copyright
If you believe that any material on the Services infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with randyselzer.com:
Email: rselzer@sutton.com with subject line “Copyright Infringement”
6. Disclaimers and acknowledgements regarding information on the website
While randyselzer.com strives to provide useful information regarding real estate, there are some things that we cannot guarantee. You acknowledge that such information consists of third party data and contributions, including MLS data, that there are certain inherent limitations to the accuracy or currency of such information, that information may be incomplete, may contain inaccuracies, or may be based on opinion. WE DO NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, RANDYSELZER.COM AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR SOFTWARE. THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS.” RANDYSELZER.COM ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
7. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RANDYSELZER.COM OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM INFORMATION PROVIDED BY THE WEBSITE.
8. User posted content & other interactive services or areas
Randyselzer.com includes interactive areas in which you may post content and information, including peer endorsements and user reviews, questions and answers, comments, photos, and other materials (the “User Content”). You retain all rights in, and are solely responsible for, the User Content you post to randyselzer.com. You are also solely responsible for your use of such interactive features, and use them at your own risk. By using any interactive feature, you agree to comply with the randyselzer.com Community Guidelines. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
When you post User Content to randyselzer.com, you give randyselzer.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the randyselzer.com platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Randyselzer.com will not pay you for your User Content. You also understand and agree that randyselxer.com may, in its sole discretion, refuse, or remove part or all of your Submission from the Services at any time if randyselzer.com considers the Submission to be illegal, offensive, harassing, infringing, inappropriate or otherwise violates these Terms or Community Guidelines or other policies. For each Submission, you represent and warrant that you have all rights necessary for you to post or submit the Submission and to grant the licenses and permissions in this section and that you are solely responsible for the content of your Submission. Further, you represent and warrant that your Submission does not violate any law.
Randyselzer.com reserves the right to review and monitor User Content but is under no obligation to do so. In addition, randyselzer.com is not responsible for screening, monitoring or editing User Content. However, we may monitor your User Content and may disclose information about you, including the contents of such User Content, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with these Terms or other guidelines or policies; or (3) protect the rights, property, or interests of randyselzer.com, its employees, its users, or the public.
9. Indemnification
You agree to defend, indemnify and hold harmless randyselzer.com, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content posted through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the website content, your conduct, your violation of these Terms or your violation of the rights of any third party.
10. Modifications
Randyselzer.com may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.
11. Applicable law
The laws of the Province of Ontario, Canada will apply to any disputes arising out of or relating to these Terms or the Services.
12. Entire agreement
These Terms constitute the entire agreement between you and randyselzer.com with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.
13. Waiver, severability, and assignment
Randyselzer.com’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. Randyselzer.com may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
14. Questions and contact information
If you have any questions regarding the use of the Services, please refer first to the FAQ. All other questions or comments about the Services or its contents should be directed to rselzer@sutton.com.