Setsail Interactive Inc. (“Setsail Realty”) Terms of Service
By using the Setsail Realty web sites (“Service”) and all services of Setsail Interactive Inc. (“Setsail”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Setsail reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.yousetsail.com/terms
Violation of any of the terms below will result in the termination of your Account. While Setsail prohibits such conduct and Content on the Service, you understand and agree that Setsail cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- To enable MLS® related functionality, you must hold a valid real estate license, provide a valid Agent ID (or Member Code) and have consent, as applicable, to enter into this agreement from your local real estate board, broker or any other authority as required
- To enable MLS® related functionality, you must sign a copy of the MLS® Reciprocity Salesperson Agreement, Member Website Broker Approval Form, or MLS® Reciprocity program depending on the requirements of your real estate board, broker or any other authority as required
- You take on full responsibility to follow all applicable MLS® rules, regulations, guidelines and local laws.
- Setsail reserves the right to disable or delete your account, without warning, if you have made your website available at a domain name without setting up proper payment on your account.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your full name, a valid email address and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Setsail cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and spam laws).
- Setsail provides “standard” customer support for no additional cost. Setsail, in its sole discretion, will determine if your support request is considered to be outside the realm of “standard customer support”, in which case you will be notified and presented with a time and cost estimate for your request.
- Setsail provides a free assisted setup / migration service which includes the setup or migration of a limited number of pages, searches, blog posts or other content on your web landing page. Setsail, in its sole discretion, will determine if your assisted setup / migration request is considered to be free. If your request requires additional work, outside the realm of the free setup / migration service, you will be notified and presented with a time and cost estimate for your request.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts.
- Your credit card will be billed every month or every year depending on the option you chose when activating your account.
- The Service is billed in advance on a monthly or yearly basis, depending on the option you chose when paying for your account, and is non-refundable. There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for periods of time unused with a paid account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Setsail does not accept any liability for such loss.
- If the credit card on your account is unable to be processed, or if your account is delinquent, we will attempt to notify you and provide a 2 week grace period for you to re-enter your payment details. If payment is not received within 2 weeks; your website may be locked, unavailable, deleted or disabled until payment on your account is setup. Setsail does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling the Service. You can cancel the Service at any time by contacting us directly. Once you submit the cancellation form, we will process your request within 2 business days. In the event that your credit card was charged for your next renewal before we complete the cancellation, a full refund will be provided.
- All of your content may be deleted from the Service upon cancellation. This information may or may not be recoverable once the Service is cancelled.
- If you cancel the Service before the end of your current paid pay period, your cancellation will take effect immediately and you will not be charged again.
- Setsail, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Setsail service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Setsail reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Setsail reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees and yearly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Setsail Realty Site (yousetsail.com) or the Service itself.
- Setsail shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All content posted on the Service must comply with Canadian copyright law.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.
- Setsail does not pre-screen content, but Setsail and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service.
- The look and feel of the Service is copyright Setsail Interactive Inc., All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Setsail.
- The web design, content, computer programs, backend code, included libraries, technical processes are owned by Setsail and their respective owners. You do not own any part of the website, web design, programming or content in any way, except for the content that you developed and added to your account.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. We disclaim all terms, conditions, guarantees, representations and warranties (express, implied, statutory and otherwise), in respect of the service, including those of merchantability, non-infringement, title, quality and fitness for a particular purpose.
- You understand that Setsail uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Setsail, or any other Setsail service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Setsail.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Setsail customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Setsail) of other Setsail customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. We will contact you in advanced if we notice any unusually high bandwidth on your account.
- Setsail does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Setsail shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Setsail has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- If, despite the above limitations, we become liable to you in respect of the service, that liability will be limited to the fees you paid to us for your use of the service in the 3 months prior to the event giving rise to the liability.
- The failure of Setsail to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Setsail and govern your use of the Service, superceding any prior agreements between you and Setsail (including, but not limited to, any prior versions of the Terms of Service).
- Setsail, at it’s sole discretion, reserves the right to display a “Powered by Setsail”, “Site Powered by Setsail” or “Real Estate Website by Setsail” text or graphic link at the bottom of your website. Unauthorized removal of this link will result in the deactivation or deletion of your Account.
- Questions about the Terms of Service should be sent to support at yousetsail dot com.