Please read this document carefully as it is a legally binding agreement between you and your representatives (collectively, "you"), and SOLD.com (together with SOLD.com’s affiliates and subsidiaries, "we," "our," or "us," or the "Company").
Use of Our Service
SOLD.com’s primary reason for being is to help home buyers and sellers get matched with the best models and pros to help them accomplish their goals. We use data to connect you with our partners. The service that we provide to both consumers and entities are governed by a few terms, many of which are outlined below.
If you don’t agree with the terms, then we ask you please to leave this Web site and not use our services. If you do use this Web site, then that action will serve as your agreement to be bound by our terms of service (“Terms of Service” or “Agreement”).
SOLD.com, Inc. (“SOLD.com”) is operated in compliance with all applicable state and federal housing laws.
Terms for Real Estate Professionals
Real estate professionals who are involved with and use our website must agree with the following:
- You grant SOLD.com permission to display on our website and elsewhere information that we have gathered, or you have supplied related to any of the real estate transactions that you have handled as a real estate professional. This information helps our customers better understand your capabilities.
- You are responsible for maintaining your own real estate license and for following all applicable real estate laws. In addition, you agree to indemnify, defend and hold SOLD.com harmless from any claims, costs, and damages incurred by SOLD.com arising from claims by your clients regarding the brokerage services you have provided.
- Maintaining a profile on SOLD.com is free. However, if you choose to accept Referrals from SOLD.com, then you agree to pay us a Referral Fee that will be a percentage of the gross commission you earn.
- You agree to be contacted by SOLD.com and its Referrals via phone, email, mail or other reasonable means, and you further agree that you will not provide the referrals to any other party without our written consent.
- You may initiate or receive a call from a SOLD.com representatives or our Referrals. If you do so, SOLD.com may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.
- Any information that you provide to SOLD.com shall be accurate, and you agree to update any information that is or becomes inaccurate. Upon discovery of any inaccurate information, we may correct it. You hereby grant us permission to e-mail or display your information (including your name, likeness, contact information and transaction details) and such other information as may be supplied by you on or from our websites and communications with clients.
- You agree that we may modify the services provided, these terms of service or the price charged for our services at any time.
Terms for Buyers and Sellers
All non-real estate professionals who are involved with and use our Web site must agree with the following terms:
- You must be at least 18 years old to use the Services.
- We may make introductions between you and our partners, including real estate agents or other such services organizations. When you submit information to SOLD.com, you authorize us to use and provide this information to make introductions. By providing this information to us, you consent to being contacted by us and by our partners via phone, email, mail or other reasonable means.
- We reserve the right to suspend or terminate access to anyone who supplies information that is inaccurate or misleading.
- YOU UNDERSTAND THAT WHILE WE MAY MAKE AN INTRODUCTION TO A THIRD PARTY REAL ESTATE PROFESSIONAL, SOLD.COM IS NOT YOUR AGENT, DOES NOT REPRESENT YOU, AND WILL NOT BE PERFORMING ANY REAL ESTATE BROKERAGE SERVICES ON YOUR BEHALF BEYOND INTRODUCING YOU TO REAL ESTATE PROFESSIONALS.
- You understand that for our services, we may receive payment (a Referral Fee) that may be a percentage of the commission received by the professionals involved in the real estate transaction. There is no charge to you. Any payment is due based on a separate agreement between us and the professional involved. Your use of our services constitutes your acknowledgment of, and agreement to, this compensation arrangement.
- Your participation in our services is voluntary and can be terminated by either of us for any reason at any time with written notice. However, any Referrals made prior to such termination are still bound by the agreement that we may have with an associated real estate professional.
- You agree that we may modify the services provided or these terms of service at any time. We will notify you in advance of any significant changes of our services, and you agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent services shall be governed by such new terms.
- You may initiate or receive a call from a SOLD.com representative or one of our agent partners via one of our tracked phone numbers. If you do so, we may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.
All parts of the Services, including the selection, compilation, arrangement, and presentation of all materials and the Websites, tools, and applications, are copyrighted by us or our licensors and content suppliers, and are protected by U.S. and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of any content of the Services without our express prior written permission is strictly prohibited. You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.
The content on the Services is copyrighted. You may use the content, but you may not alter it or change any copyright notices without our permission. You may not use your own web design skills to put "frames" around our Websites and pretend they are yours. You also can’t link to our Websites from websites that contain content we would find objectionable.
Reporting Copyright Infringement
We have adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of our Services who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may provide our Copyright Agent with a written DMCA Notice of Alleged Infringement ("Notice"). You must do all of the following in your written Notice for it to be valid: Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including (if the Content is on our website) the URL of the link shown on the website where such material may be found.
- Include your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice (if these statements are untrue, you cannot submit the Notice):
- "I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "The information in this Notice is accurate and, under penalty of perjury, I affirm that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to Company’s Copyright Agent:
SOLD.com Copyright Agent
Privacy – Legal Department
999 Corporate Drive, Suite 215
Ladera Ranch, CA 92694
Notices and Electronic Communications
By providing your telephone number or texting JOIN to a number we give you, you are subscribing to receive text Alerts and/or Event Notifications by text message from us to the phone number you provide (and you confirm that you are the owner of that number). Your subscription authorizes us, to the extent permitted by applicable law, to send text messages with marketing messages, alerts and updates about selling methods and services you are interested in to the phone number you provide. The frequency of these text messages is recurring and on-going. Message and data rates may apply, which means you may incur charges from your carrier as a result of these messages. You are not required to subscribe or opt in (directly or indirectly) to receive text messages from us as a condition of purchasing any property, goods or services from SOLD.com. At any time, you may cancel your subscription and opt-out of receiving text messages from us by replying with the word "STOP" to a text message from us or calling us at 844-903-SOLD (7653). You may request help from us by replying with the word "HELP" to a text message from us, or calling 844-903-SOLD (7653).
You also consent to our use of an automatic telephone dialing system for telephone calls and texts (if you have opted-in to receive text message marketing). You may revoke this consent at any time through reasonable means.
If your carrier is T-Mobile: T-Mobile is not liable for delayed or undelivered messages.
You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form.
SOLD.com intends that the information contained on our Web site be accurate and reliable; however, errors sometimes occur. We do not guarantee the accuracy of any information available on our websites, and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified.
- To protect our service, you agree to refrain from the following prohibited activities: (a) submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting materials that could be harmful to minors; (c) engaging in activity or submitting materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Web site users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting materials that displays pornographic or sexually explicit material of any kind; (h) submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Web site or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Web site; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Web site or our hardware and software infrastructure or that of any of our licensors or suppliers.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOLD.COM AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, THIRD PARTY INVESTORS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF SOLD.COM’S SERVICES IS AT YOUR OWN RISK. WE AND/OR ANY SOLD.COM SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR THE SOLD.COM SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOLD.COM OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR CUMULATIVE LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO ONE-HUNDRED U.S. DOLLARS ($100).
Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration administered by JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc.) in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures then in effect (“JAMS Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to these Terms of Service. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Service, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Service.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Service will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Service. This Section of the Terms of Service will survive the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS’ RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
- To the maximum extent permitted by applicable law, you agree to indemnify and hold SOLD.com and our affiliates harmless from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms of Service, any executed Referral Agreement, and/or any other agreement by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
Finally, you also agree to the following: These Terms of Service shall be subject to and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. You agree that any action of whatever nature not subject to the arbitration agreement above arising from or relating to this Agreement, the Web site or our services will be filed only in the state or federal courts located in Orange County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. The failure by us to enforce any right or provision of this Agreement will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms of Service, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to SOLD.com.
This Terms of Service was last updated November 23, 2022.